One of the functions of the jury is to determine what happened. The jury bases this determination upon the evidence adduced during the trial. Evidence comes in two forms: either direct or circumstantial. Direct evidence means evidence that directly proves a fact. Circumstantial evidence means evidence that proves a evidence in courtroom can be direct or circumstantialfact from which inference of a different fact may be drawn.

Juries are instructed that facts need not be proved by direct evidence. Facts may be proved by circumstantial evidence or by a combination of direct and circumstantial evidence. Both direct and circumstantial evidence are acceptable as a means of proof. However, both circumstantial and direct evidence should be scrutinized and evaluated carefully.

A conviction may be based on circumstantial evidence alone, or in combination with direct evidence, provided that it convinces each juror of a defendant's guilt beyond a reasonable doubt. Conversely, circumstantial evidence can give rise to reasonable doubt in jurors' minds as to the defendant's guilt. In such case, the jury is instructed that it must find the defendant not guilty.

Here are examples of the difference between direct and circumstantial evidence: Suppose the issue is whether it snowed during the night. Direct evidence would be testimony indicating that the witness saw snow falling during the night. Circumstantial Evidence would be testimony that there was no snow on the ground before the witness went to sleep, but that when she arose in the morning, although it was not snowing, the ground had snow on it. The first example is direct evidence that snow fell during the night. The second example is circumstantial evidence. It providesevidence can be real or testimonial presented under oath facts from which a juror may draw an inference that it snowed during the night.

The examples we just gave are straightforward. The Rules of Evidence themselves, however, are complicated. They are often counterintuitive. Is the evidence that a party seeks to offer relevant? Has it been authenticated? Is it hearsay? Has a proper foundation been laid? What about chain of custody? What about the “Best Evidence Rule?” Is its evidential value outweighed by its potential for undue prejudice? Was it obtained in a constitutional manner? And is it in his client's best interest to not object even when the question asked is improper? It is the Rules of Evidence that the judge relies upon when responding either “sustained” or “overruled” when the lawyer does object at trial.

Persons facing trial need the assistance of a lawyer who has great familiarity with the Rules of Evidence. This assistance is, in fact, needed long before trial, for several reasons. One reason is so the lawyer can provide advice concerning what evidence the prosecutor will be allowed to present. A second reason is so the lawyer can advise the client of possible material admissible under the Rules of Evidence that might help the defense. A third reason is to provide the lawyer with enough time to research the law concerning evidence issues that are out of the ordinary. The lawyer must anticipate what evidence the prosecutor is likely to advance. This research, in turn, enables the lawyer to better anticipate what evidence the judge will allow, and what evidence the judge will preclude, so that the lawyer can fashion trial strategy accordingly.

New Jersey Defense Lawyers utilize evidence rules in courtFederal Rules of Evidence govern what evidence is admissible in federal courts. State courts have their own Rules of Evidence. New Jersey Rules of Evidence are patterned after the Federal Rules of Evidence, but with numerous differences. With combined trial experience that exceeds sixty-five years, Mr. Marain and Mr. Godman have learned to use the Rules of Evidence to clients' best advantage. You can put their experience to work for you.

 Overview  |  Allan Marain  |  Norman Epting, Jr.  |  The Practice  |  Selecting a Lawyer 
 Trial Transcript  |  Jobs and Internships 

 Abandoned Cars  |  Aiding Suicide  |  Appeals  |  Arson  |  Assault  |  Bad Checks  |  Bribery  |  Burglary 
 CDS in Vehicle  |  Cell Phones  |  Child Pornography  |  Cocaine  |  Computer Crimes 
 Conditional Dismissal  |  Conspiracy  |  Credit Card Fraud  |  Drug Crimes  |  Drug Deaths  |  DWI/DUI 
 Eluding  |  Endangering  |  Entrapment  |  Evidence  |  Expungements  |  False Swearing 
 Federal Appeals  |  Federal Crimes  |  Fictitious Reports  |  Forgery  |  Graves Act  |  Gun Law  |  Harassment 
 Hazing  |  Homicide  |  Identity Theft  |  Insurance Fraud  |  Invasion of Privacy  |  Jury Service  |  Juvenile Delinquency 
 Kidnapping  |  Leaving the Scene  |  Lewdness  |  Mail Fraud  |  Manslaughter  |  Marijuana  |  Megan's Law 
 Miranda Warnings  |  Money Laundering  |  Municipal Court  |  Murder  |  NERA  |  No Insurance  |  Official Misconduct 
 PCR  |  Peeping Tom  |  Perjury  |  Point Assessments  |  Police Misconduct  |  Possession  |  Prostitution 
 PT I  |  Receiving Stolen P'ty  |  Red Light Cameras  |  Refusals  |  Resisting Arrest  |  Revoked List  |  Robbery 
 Sexual Assault  |  Shoplifting  |  Stalking  |  Street Crimes  |  Tax Crimes--Federal  |  Tax Crimes--NJ 
 Terroristic Threats  |  Theft  |  Theft by Deception  |  Theft of Services  |  Traffic Offenses 
 Unauth'd Prac Law  |  Underage Drinking  |  Underage Gambling  |  Urinating in Public 
 Vehicular Homicide  |  Violation of Probation  |  Weapons Possession  |  White Collar Crimes  |  Wire Fraud 

 Discrimination  |  Domestic Violence  |  Drivers Licenses  |  Excessive Force  |  Freedom of Speech 
 Personal Injury  |  Whistleblowers 

 Case Review  |  Super Links  |  Neutral Corner  |  Directions  |  Parking  |  How Did We Do?  |  PGP Public Key 

 The Bottom Line 

Law Offices of Allan Marain
Attorneys and Counsellors at LawFirm accepts PayPal for fees relating to New Jersey Lawyers for criminal charges, DWI DUI in State and federal court in New Jersey
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903
Phone 732-828-2020
or Toll Free: 877-652-6531

“We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth. People who have no sense of right and wrong. People who will lie in court to get what they want. People who do not care who gets hurt in the process. It is our job, our sworn duty as criminal defense lawyers, to protect our clients from those people.”

Cynthia Roseberry

“In criminal law there is only one true law, the constitution of the united states. All statutes and codes are merely the ravings of politicians.”

Counsellors at Law in the Law Offices of Allan Marain, located in New Brunswick, represent clients throughout Central and Northern New Jersey. That includes Asbury Park, Bedminster, Belleville, Bergenfield, Berkeley Heights, Bernards Township, Bernardsville, Bogota, Bound Brook, Branchburg, Brick, Bridgewater, Clifton, Clinton, Closter, Cranbury, Cranford, Cresskill, Deal, Demarest, Denville, Dover, Dumont, Dunellen, East Brunswick, East Rutherford, East Windsor, Edison, Elizabeth, Emerson, Englewood, Englishtown, Ewing, Franklin Township, Freehold, Garfield, Garwood, Hackensack, Highland Park, Hillsborough, Hillsdale, Hillside, Jersey City, Kearny, Kenilworth, Lakewood, Lawrence Township, Mahwah, Manville, Marlboro, Matawan, Metuchen, Middlesex Borough, Monroe, Mountainside, New Brunswick, North Brunswick, Nutley, Old Bridge, Paramus, Parsippany, Paterson, Perth Amboy, Piscataway, Plainfield, Plainsboro, Point Pleasant, Princeton, Rahway, Raritan, Readington, Red Bank, Ridgefield, Ridgefield Park, Ridgewood, Robbinsville, Rockaway, Rocky Hill, Roselle, Roselle Park, Rutherford, Sayreville, Scotch Plains, Seabright, Seaside Heights, Seaside Park, Secaucus, Shrewsbury, Somerville, South Amboy, South Bound Brook, South Brunswick, South Orange, South Plainfield, South River, Sparta, Spotswood, Summit, Teaneck, Tenafly, Toms River, Trenton, Union, Wall, Warren, Washington, Watchung, West Windsor, Westfield, Woodbridge, and other communities in Bergen County, Mercer County, Middlesex County, Monmouth County, Ocean County, Somerset County, Sussex County, Union County, and Warren County. They handle criminal matters in the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit. They are available to handle matters in the United States Supreme Court.

Criminal Lawyers in New Jersey and
© Copyright 2006-2020, Allan Marain, New Brunswick, NJ, All rights reserved.
For information, questions, or suggestions about our site, please email our webmaster.
Web site design by DNEBA Enterprises » Accessible and Effective Web Design.
Search engine optimization by Rank Magic.
Page last updated 20 August 2017, and displayed Tuesday 29 September 2020, at 15:22:52 EDT.
Hosted by Westhost »When you expect more from your Web host.

Allan MarainClients’ ChoiceAward 2020   NJ Criminal Defense Lawyer Provides Valid XHTML 1.0 Transitional code   Criminal Lawyer in NJ adheres to CSS standards   Site powered by Apache for users with problems relating to NJ New Jersey marijuana pot paraphernalia arrest arrested municipal court lawyer Rutgers police   Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense