When police search your car, house, apartment your person in violation of the constitutional law that we as a society have in place.
The process by which the evidence will be set aside in your criminal case is done through “suppression” motions. This motion is an application made to the court challenging the unlawful search.
Motions in Ocean County Municipal Court are set by R. 7:7-2 as follows:
- How Made. Except as otherwise provided by R. 7:5-2 (motion to suppress), motions in the municipal court and answers to motions, if any, shall be made orally, unless the court directs that the motion and answer be in writing. Oral testimony or affidavits in support of or in opposition to the motion may be required by the court in its discretion.
- Hearings. A motion made before trial shall be determined before trial unless the court, in the interest of justice, directs that it be heard during or after trial.
- Effect of Determination of Motion. Except as otherwise provided by R. 7:6- 2(c) (conditional pleas), if a motion is determined adversely to the defendant, the defendant shall be permitted to plead, if a plea has not already been entered. If a plea has been entered, the defendant may be permitted to stand trial as soon as the adverse determination on the motion is made. If an objection or defense specified in R. 7:7-1 is sustained and is not otherwise remediable, the court shall order the complaint dismissed. If the court dismisses the complaint and the defendant is held in custody on that complaint, the court shall order the defendant released.
The lawyers at our firm, Riviere Cresci & Singer LLC have the experience with the above rules in suppressing evidence seized as a result of unlawful searches by police agencies.
Since a warrantless search is presumed invalid, the state bears the burden of establishing that one of the exceptions allowing for a warrantless search applies. The standard of proof is a proponderance of the evidence. What this means is that the prosecution must prove that it is more likely than not that the facts establish an exception allowing for a search without a warrant otherwise a motion to suppress will defeat the search.
A defendant has enumerated protections under New Jersey Rule of Evidence 104 when he/she testifies at a suppression hearing. By testifying in a suppression hearing the defendant may only be cross-examined about the subject matter of the direct testimony at a Suppression Hearing. Also, the defendant’s testimony at the hearing may not be used against him/her later at trial.
Call us today to discuss how we can possibly suppress evidence obtained in an unlawful manner and is now being used in a case against you in Municipal Court. One of our lawyers is available now to discuss your case. Call us at (732) 64-NJLAW (65529)