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  1. #1

    Question Is the Documentation in a Motion for Dismissal Part of the Trial Evidence

    My question involves criminal law for the state of: NJ

    My Lawyer, in fighting my contempt for violation of a restraining order, filed a mmotion to Dismiss stating the state had insufficient evidence and otherwise the issue was diminimus. In this motion, he included evidence to show that my ex conjured the incident to do better in an upcoming family court matter. The judge said he would hold the Motion until her had all the facts (he said it was a gfact sensitive charge) and then he dismissed the motion (and restricted our entry of evidence so he could reach his decision without challenge). Now in my Appeal, can I include that Motion for Dismissal as a record for the Appellate Court??

  2. #2
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    Default Re: Is the Documentation in a Motion for Dismissal Part of the Trial Evidence

    A denial of a pretrial motion is normally preserved for appeal after conviction at trial, but I cannot promise you how much weight the exhibits to a motion will carry with the appellate court if they were not admitted into evidence either at a hearing motion or at trial and there's no record evidence covering the same facts. If you're talking about mere allegations made in the motion, they're not evidence. I have no way of knowing what you mean by "and restricted our entry of evidence so he could reach his decision without challenge", but if your lawyer preserved the error for appeal the appellate court can review the judge's evidentiary ruling.

    It sounds like you need to be working with an appellate lawyer.

  3. #3

    Default Re: Is the Documentation in a Motion for Dismissal Part of the Trial Evidence

    Thanks,
    My Trial lawyer worked hard but had no experience. The pre-trial motion had transcriptions of voicemails from my Ex and we had the tapes at trial. The judge wouldn't listen. then contrary to NJ court rules, the judge dismissed my lawyer so I filed my own motion for reconsideration and then got a new lawyer assigned to me. He worked closely with the judge and did a crap job for me (sold me out). I'm alone again on a motion to reconsider the Appellate Decision. I think your answer means I can show the Appellate Panel the pre-trial motion to dismiss.

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