Conspiracy to Murder, Assault, Weapons Possession and Conspiracy to Distribute Drugs Overturned Due to Juror Altercation
- May 20, 2014
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In State v. Dorsainvil, a conviction for first-degree conspiracy to commit murder, second-degree aggravated assault (N.J.S.A. 2C:12-1b) and first-degree attempted murder, second-degree possession of a firearm for an unlawful purpose (N.J.S.A. 2C:39-4), second-degree possession of a firearm during the commission of a drug-related offense (N.J.S.A. 2C:39-4.1), third-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5b) and third-degree conspiracy to distribute cocaine and/or heroin was overturned as a result of an altercation between jurors during deliberations. Following the guilty finding, the defendant moved for a mistrial and the trial court denied the motion. Almost contemporaneously with the jury’s announcement of a deadlock, a physical altercation between at least 2 and possibly 3 jurors occurred. The violence was severe enough to prompt the other jurors to summon a Sheriff’s officer for safety. Thereafter, a guilty verdict was then rendered creating the reasonable inference that the physical altercation in some way influenced the jurors in order to break the deadlock. The NJ Appellate Division found that physical altercations between jurors was likely to result in undue influence contaminating the verdict. If you are facing charges of murder, assault, attempt, conspiracy, possession of a firearm for an unlawful purpose, distribution or possession with intent to distribute drugs, you are facing severe penalties including as much as life in prison. When confronting criminal charges, it is imperative that you have experienced criminal defense counsel at your side to ensure you are afforded due process and your rights are protected. For more information about murder, assault, attempt, conspiracy, possession of a firearm for an unlawful purpose, distribution or possession with intent to distribute drugs in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.