by Fred Sisto | May 12, 2017 | Blog, Criminal Law, Interrogation, Know Your Rights, Monmouth County, Ocean County
With respect to cross-examination of a defendant on factual inconsistencies between his testimony at trial and his pretrial statement, the Court has held that “it is not an infringement of a defendant’s right to remain silent for the State to point out...
by Fred Sisto | May 10, 2017 | Blog, Criminal Law, Interrogation, Know Your Rights, Monmouth County, Ocean County
When the trial resumed, defense counsel informed the court that the limiting instruction advised the jury that defendant’s silence could be used for impeachment purposes. Counsel requested a clarifying instruction to fix this error, which the trial court issued....
