Legal Question in Criminal Law in New Jersey

Inadmissible evidence

A crime allegedly occurred in October, 2005. In January, 2006 a suspect in that crime was pulled over and arrested. He had a gun in his possession. In November, 2006 he was re-arrested on the Oct.'05 charge. Now the prosecutors want to bring the weapon charge of January, 2006 into the October, 2005 ''kidnapping'' case. These two charges are completely separate. I feel his arrest for the gun will taint the jury because no weapon was used during the alleged kidnapping. Is there a statute where it's illegal to admit evidence from one case that really has nothing to do with another case? If so, will you please site the cases for me. Thank you for your help.


Asked on 1/03/07, 9:48 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Inadmissible evidence

Cases are tried together when they constitute one series of incidents that are interrelated. The idea is that time can be saved by having a unified trial of all the matters. Matters which are not related and occurred on different dates should not be tried together because a determination of guilt as to one alleged offense has the potential of

poisoning the minds of the jurors on the unrelated matter. Due process is constitutionally protected as an individual right and what it means is that one is entitled to a fair trial.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/03/07, 10:55 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Inadmissible evidence

I'm sure this person has an attorney for this case and if this attoreny is breathing, I'm sure he or she knows the law and nothing I give you is going to do much good in this case. For whatever reason, your attorney is just not going to take action.

Mr. Moore reads your question one way, I read it another way. I don't know who is right. Are you saying the cases will be tried together or just have the evidence introduced? This is either a motion to sever issue or a 404b issue. Either way, its basic stuff.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case in more detail.

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Answered on 1/03/07, 3:41 pm


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