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Facing a criminal trial can be daunting, especially for victims called to bear witness. At Ktenas Law, we prioritize your confidence and preparedness. Here's a breakdown of what to expect in criminal court: 🚔 Arrest: The journey begins with an arrest, often following police intervention or investigation. Understanding your rights during this phase is crucial. 💰 Bail Hearing: Granting or denying bail is determined by factors like the alleged crime's severity and the likelihood of appearance in court. Ktenas Law advocates for fair bail conditions. ⚖️ Pre-Trial Proceedings: The defense and prosecution build arguments, negotiating potential plea deals. Ktenas Law handles pre-trial motions and ensures a strategic defense. ⚖️ Trial Phase: Whether opting for a jury or bench trial, Ktenas Law guides through the trial process, presenting evidence, examining witnesses, and delivering closing arguments. 🔒 Sentencing: If found guilty, sentencing follows. Ktenas Law ensures your rights are protected during this critical phase. 🧳 Appeal: In case of an unfavorable outcome, Ktenas Law assists in the appeal process, identifying errors for review. #KtenasLaw #KtenasBrothers #CriminalDefense #LegalGuidance

Judges cannot prescribe a sentence based on anything other than the crime at hand. Prior arrests, acquitted or dismissed charges,  nor previous convictions can be used to to individualize the penalty for a separate/ independent unlawful act. The fifth amendment of the U.S. Constitution provides that no person shall be twice put in jeopardy of life or limb for the same offense. Additionally, no person shall be held to answer for a capitol or otherwise infamous crime unless on presentation or indictment of a grand jury. The sixth amendment provides for the right to an impartial tribunal.  The role of a judge is facilitate the administration of law according to established civil or criminal procedure, supreme court  rules, and the rule of law.  Judicial discretion is permitted only in the absence of a fixed rule. There is no reason for judicial discretion in interpreting the law. If there is confusion concerning meaning or intention regarding the law, the appropriate action is to address congress, who created the law for clarification. There is separation between the branches of government, but separation does does not equate no communication.   https://lnkd.in/gv-KTDYC

Criminal Appeals Process: Fighting a Wrongful Conviction The criminal appeals process serves as a crucial safeguard within the justice system, offering individuals who believe they have been wrongfully convicted a chance to challenge their conviction or sentence. This complex legal procedure is designed to identify and rectify errors that may have occurred during the original trial, ensuring that justice is served and constitutional rights are protected. For those facing the daunting prospect of a wrongful conviction, understanding the intricacies of the appeals process is paramount to mounting an effective challenge and potentially overturning an unjust verdict. At its core, a criminal appeal is not a retrial of the case but rather a review of the legal proceedings that led to the conviction. The appellate court examines the trial record, looking for legal errors that may have significantly impacted the outcome. These errors can range from... #appealgrounds #AppellateCourt #exoneration #habeascorpus #ineffectivecounsel #judicialerror #LegalRepresentation #newevidence #postconvictionrelief #ProsecutorialMisconduct #Appeals #CriminalCharges #CriminalDefenseStrategies #CriminalJusticeSystem #CriminalLaw #Evidence #LegalCommentary #LegalProcedures #LegalRepresentation #LegalRights

🚨 Historic New Supreme Court Order: A Turning Point for New Jersey DWI Cases 🚨  On February 23, 2024, a groundbreaking shift occurred in New Jersey’s legal landscape. Chief Justice Stuart Rabner signed a historic order that revokes Guideline 4, lifting the longstanding prohibition against plea bargaining in DWI cases. This landmark decision aligns with the recent amendments to New Jersey's DWI law, signaling a transformative moment for the state's judicial approach to DWI prosecutions. Guideline 4’s history traces back to concerns over municipal court abuses, leading to its implementation in 1990 to ban plea deals in DWI cases. Its withdrawal follows the 2024 amendment to N.J.S.A. 39:4-50, which permits plea agreements based on prosecutors' recommendations, challenging the guideline's constitutionality under the separation of powers doctrine. This change not only reflects a significant policy shift but also addresses the evolving professionalism within municipal courts, aiming to enhance judicial efficiency and prosecutorial discretion in handling DWI cases. The Supreme Court's decision to withdraw Guideline 4, in respect of legislative intent and in the interest of comity, marks a pivotal moment in New Jersey's pursuit of a balanced legal process. You Can Read Chief Justice Rabner's Court Order in Full Here- https://lnkd.in/eux4qdwm Stay informed with regular legal updates from our team of former prosecutors at The Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. Under New Jersey Court Rule 1:39-6, our partners, Bob and Dave, can return referral fees to attorneys on criminal law cases as we are certified criminal trial attorneys by the New Jersey Supreme Court. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ #NewJersey #Lawyer #Attorney #Law #Legal No aspect of this advertisement has been approved by the Supreme Court of #NewJersey  🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

Excited to share a groundbreaking development in New Jersey's legal landscape! 🌟 BLG has just posted an insightful analysis and BLG Bite (carousel) on the historic New Jersey Supreme Court Order signed by Chief Justice Stuart Rabner. This pivotal order withdraws Guideline 4, changing the game for DWI cases in our state. For decades, Guideline 4 prohibited plea bargaining in DWI prosecutions, but this new order, effective immediately, aligns with recent amendments to the DWI law and opens the door for plea agreements. This is more than a legal update; it's a transformative shift towards a more nuanced and efficient judicial process. The implications of this change are profound, offering a fresh perspective on prosecutorial discretion and judicial efficiency. I encourage my network, especially those in legal and criminal justice fields, to read this post for a comprehensive understanding of the historical context, the constitutional challenges, and the future implications of this landmark decision. 👉 Follow the Bianchi Law Group for more legal insights and updates. 🛡️ I'm proud to be part of a firm that stays at the forefront of legal advocacy and reform. #Law #CriminalJustice #LegalUpdate #DWI #NewJerseyLaw #InnovationInLaw #LegalInsights #BianchiLawGroup

Legal cases can span weeks or even years before reaching resolution. Here’s an overview of the typical process: 🔎Investigation: During this time, evidence is gathered to determine if there’s enough for a case. 📄Charges are then officially filed by the prosecutor. 🚔The arraignment is one of the most important steps in the criminal justice process. This is where the defendant appears in court for the first time, the charges are read, and the defendant enters a plea of guilty or not guilty. This is also when bail is determined. 💼Pre-Trial is when both parties have a chance to negotiate plea deals and exchange information and evidence before trial. If both parties can come to an agreement during pre-trial, the case will not go to trial. 🧑🏼⚖️If both parties can’t come to an agreement, the case moves on to trial where both sides will state their case, provide their evidence, and the jury will come to a verdict (hopefully). 📜After the trial, the judge will then make their final decision on sentencing for the crime. ⌛Appeals are usually submitted within 30 days of sentencing. If the defendant or their attorney feel that they did not receive a fair trial, they can submit an appeal to the court to have their case heard again in hopes that the judge will overturn the sentencing. Seems like a tough process right? That’s why legal representation is so important. A skilled lawyer can effectively represent you through every step. Give Keith Law a call if you or a loved one are facing legal challenges. #Lawyer #CriminalJustice #Investigation

The Supreme Court has redefined the application of self-defence in Irish criminal law. The case of DPP v. Mark Crawford [2024] IESC 44 has brought significant changes to how section 18 of the Non-fatal Offences Against the Person Act 1997 is interpreted in murder cases. This ruling establishes that the 1997 Act now takes precedence over previous common law in all self-defence cases, including those involving murder charges. The court clarified that self-defence can fully exonerate an accused of murder if they genuinely believed their actions were necessary given the perceived circumstances. However, if the force used exceeds what was objectively reasonable, but was subjectively believed necessary, the charge may be reduced to manslaughter. To assist in implementing these changes, the judgment offers practical guidelines for courts and legal professionals, including detailed jury instructions and decision-making frameworks. This landmark ruling is expected to have far-reaching implications for how self-defence is interpreted and applied across the spectrum of Irish criminal law, with a particular focus on its impact in homicide cases. #SelfDefence #IrishLaw #SupremeCourt #LandmarkJudgment #CriminalLaw #MurderCases #NonFatalOffences #Jury #LegalInterpretation #CriminalProceedings #CriminalDefence #IrishCriminalJustice #LegalDevelopments #JudicialRuling #LawReform

Inherent powers of High court (Section 482 Crpc) :- Can proceedings cannot be quashed after framing of charges? Inherent powers of High Courts play a crucial role in the legal system, particularly concerning the quashing of criminal proceedings. The ability to quash proceedings after the framing of charges is a significant aspect governed by Section 482 of the Code of Criminal Procedure. This section empowers the High Court to intervene in cases where justice demands it, preventing abuse of the legal process, and ensuring the ends of justice are met. The power vested in the High Court under Section 482 is not absolute, especially after charges have been framed. The decision to quash proceedings post the framing of charges is a delicate matter that requires careful consideration of various factors. It is essential to note that once charges are framed, the focus shifts to leading evidence and proceeding with the trial. The High Court's intervention to quash proceedings at this stage is limited to exceptional circumstances, as highlighted in State of Haryana vs. Bhajan Lal and other relevant case laws. The High Court's inherent power to quash FIRs or criminal proceedings after charges have been framed is not a routine matter. It is crucial to evaluate each case individually, considering factors such as the nature of the offense, public interest, and the impact on society. Serious offenses like murder, rape, and dacoity are generally not subject to quashing, even if the parties have settled, as these crimes have broader societal implications. Recent important judgments have emphasized that the High Court can quash proceedings if it concludes that allowing the case to continue would amount to an abuse of the legal process. This power is to be exercised sparingly and with caution, focusing on securing the ends of justice. The High Court must carefully consider whether the allegations disclose a criminal offense or if the dispute is essentially of a civil nature disguised as a criminal offense. In essence, while the High Court's inherent powers under Section 482 are extensive, the decision to quash proceedings after charges have been framed is a nuanced process. It requires a thorough examination of the facts, the nature of the offense, and the overarching goal of ensuring justice prevails. The High Court's authority to quash proceedings post the framing of charges is circumscribed by the need to balance legal principles, public interest, and the pursuit of justice. #Inherentpowersofhighcourt #Section482Crpc #CriminalDefenceLawyer #Purelitigation #CriminalLaw #Highcourts #Advocates #Justiceprevails #AbuseofProcessOfCourt #GiveEffectToOrders #EndsOfJustice

Reflecting on the Recent Criminal Convictions of President Trump and Chad Daybell 🏛️🇺🇸 Yesterday's criminal convictions involving Chad Bell and former President Donald Trump underscore the monumental decision every defendant faces at the very beginning of their case: selecting the right legal representation. This choice is critical, well before any decisions about testifying are made, and it sets the stage for the entire legal process. Oftentimes, defendants do not testify in their defense, as seen in the cases of Donald Trump and Chad Bell. In these situations, the jury will never hear from the defendant directly. Instead, the court relies on statements typically presented by prosecutors, which can include admissions or other critical evidence. Choosing the right attorney or law firm is perhaps the most critical decision a criminally charged individual will ever make. The selected legal team must: 💥Advocate for the defendant 💥Communicate effectively with prosecutors 💥Humanize and mitigate for the defendant 💥Address and attack legal issues 💥File necessary motions 💥Cross-examine witnesses 💥Prepare comprehensively for trial 💥Deliver compelling openings and closings The consequences of this decision are profound, often involving the risk of prison time, loss of freedom, employment, professional licenses, and more. As we reflect on yesterday’s convictions and their wide-reaching implications, it is essential to recognize the gravity of selecting the right legal advocate. This choice can significantly impact the course of a defendant’s life. No aspect of this attorney advertisement has been approved by the New Jersey Supreme Court #LegalDecisions #CriminalDefense #FormerProsecutors #LegalRepresentation #CriminalLaw