Legal Question in Criminal Law in New Jersey
Co-defendant
My co-defendant in a criminal case was recently arrested after a traffic stop because a gun was found in his car. Although this arrest is unrelated to our case the prosecutors are going to attempt to bring up his gun possession charge in our upcoming trial. This will prejudice the jury against me. How can I have his recent gun possession charge left out of our upcoming trial?
3 Answers from Attorneys
Re: Co-defendant
You should move for a severance of your trial from his because of the likely prejudice to your case.
A severance motion can be made at any time the possible prejudice becomes apparent.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Co-defendant
Actually, I have to disagree with Mr. Moore for once. There may be a reason why you wouldn't want to sever your case from his. Thus, a 404(b) motion would be the better route. However, in those cases where it would be to your benefit to keep the two of you together, the state is smart enough (most of the time) to sever the case anyway.
This is really an issue for your attorney and it scares me that you would have to be on this site asking these questions. Also keep in mind that its not the motion you make but how you make it half the time that wins the day. Thus, if your attorney is too dumb to make the right motions, he or she is probably too dumb to make it the right way even if you tell them what to do. If you find youself in this situation, do whatever you can to switch attorneys!
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: Co-defendant
I agree with the other attorney that you need to be talking to you current attorney. Based on the very limited facts you presented here, I do not see how this would be admissable in your current case. But, I would discuss it with you attorney, and if you don't like their answer, get a new attorney.
I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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