Cross Examination of Expert Witnesses from Michael DeBlis III, Esq., LLM Share on Facebook Share Share on TwitterTweet Share on Google Plus Share Share on LinkedIn Share

A motion to withdraw a guilty plea is determined under the standards set forth in State v. Slater, 198 N.J. 145 (2009). Under Slater, such motions are considered under the same four-factor test regardless of whether the motion is made before or after sentencing. Courts deciding such motions must consider: “(1) whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant’s reasons for withdrawal; (3) the existence of a plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the accused.” Id. at 150 (emphasis supplied). If the motion is made prior to sentencing, these four factors are considered under the interests of justice standard of R. 3:9-3(e). Id. at 156. If the motion is made at any point after sentenc Share on Facebook Share Share on TwitterTweet Share on Google Plus Share Share on LinkedIn Share

Civil cases generally involve private disputes between persons or organizations. Criminal cases involve an action that is considered to be harmful to society as a whole. Below is a comparison of the chief differences between both types of cases. Civil Cases A civil case begins when a person or entity (such as a corporation or the government), called the plaintiff, accuses another person or entity (the defendant) of having failed to carry out a legal duty owed to him. Both the plaintiff and the defendant are also referred to as “parties” or “litigants.” The plaintiff may request the court to order the defendant to satisfy the duty, or make compensation for the harm done, or both. Legal duties are predicated upon legal rights that have been established under the U.S. Constitution or under federal or state laws and which must be respected. Ci Share on Facebook Share Share on TwitterTweet Share on Google Plus Share Share on LinkedIn Share

The American legal system consists of two different types of cases: civil and criminal. Crimes are typically offenses against the state, and are prosecuted by the state. Civil cases on the other hand, are typically disputes between individuals regarding the legal duties and responsibilities they owe one another. These cases are tried through civil lawsuits. Below are the main differences between a criminal case and a civil case: Crimes are considered offenses against the state, federal government, or society as a whole. This means that even though one person might assault another person, assault itself is considered an offense to everyone in society. As such, crimes against the Share on Facebook Share Share on TwitterTweet Share on Google Plus Share Share on LinkedIn Share

Anatomy of a Jury Trial: The Stages from Michael DeBlis III, Esq., LLM Share on Facebook Share Share on TwitterTweet Share on Google Plus Share Share on LinkedIn Share

Pre Trial Stages from Michael DeBlis III, Esq., LLM Share on Facebook Share Share on TwitterTweet Share on Google Plus Share Share on LinkedIn Share

When it comes to organizing your materials for trial, I recommend using a trial notebook. A trial notebook is nothing more than a binder with index tabs. Your binder should include the following items: Indictment Grand Jury transcript Good facts/Bad facts and notes Witness list (don’t forget to submit your witness list before the judge reads the list of witnesses to the jury venire) Exhibit list Voir Dire Opening Closing Jury Instructions (Go to the New Jersey judiciary website) Briefs/Motions Appellate Issues A section for every witness in the case (civilian and law enforcement). Each section should contain every piece of information you have about that witness. For example, if the witness is a police officer who testified before the grand jur Share on Facebook Share Share on TwitterTweet Share on Google Plus Share Share on LinkedIn Share