Call Now For Help

732.580.1237

NJ Confession Made During Plea Negotiation Suppressed

11
May
2010

by in Criminal Defense

State v. Orion T. Brabham, ? N.J. Super. ?, 2010 N.J. Super. LEXIS ? (April 30, 2010) – Convictions reversed. “Defendant primarily objects to the denial of his motions to suppress physical evidence seized by a New York parole officer during a search of his home and statements he made to New Jersey law enforcement officers.

Accepting the judge’s factual findings, we conclude that the physical evidence was properly admitted but the statements defendant made during a meeting he requested to negotiate a plea should have been excluded pursuant to N.J.R.E. 410….

The judge’s factual findings compel us to conclude that N.J.R.E. 410 required exclusion of everything defendant said at the May 8 meeting. Accepting the State’s proofs, he found: the presence of law enforcement officers at a meeting with defendant did not just happen but occurred because the meeting was orchestrated by defendant; defendant wanted to ‘run the show’ and was ‘basically orchestrating what [was] going to happen’; he said ‘what he want[ed] to say’; and ‘[h]e wanted to orchestrate a deal … where everything was combined.’

Those findings … do not permit any conclusion other than that defendant believed he was attending the meeting he wanted to have — a meeting to negotiate a global plea agreement resolving multiple burglaries committed in various counties…. In short, we conclude that the State cannot introduce evidence to convince the court that a suspect has volunteered statements and then avoid the legal implications that flow from the proofs presented. It was error to admit these statements after finding that the statements were made under circumstances in which they cannot be admitted in conformity with N.J.R.E. 410.”

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.