What Is A “Motion To Strike” In A New Jersey Criminal Case?

If you are going through a criminal trial in New Jersey, it might be very important to keep certain statements and evidence from being discussed. Fortunately, it may be possible to prevent the court from hearing about certain statements or evidence. One option is to file a “motion to strike.” What exactly does it mean to “strike something from the record?” This is something you may need to discuss further with your Bergen County criminal defense lawyer.

Why Might You Want to Strike Something from the Record? 

If you face criminal charges, you can benefit from striking incriminating evidence or statements from the “record.” In this context, the “record” is what the court reporter writes down during the trial. The reporter types down all statements made during the trial, and they must delete or “strike” anything that was entered (or spoken out loud) inappropriately.

For example, you might want to strike someone’s statements from the record if these statements violate the rules of evidence in any way. Hearsay is perhaps the most obvious example, and this violation occurs when someone testifies on what someone else has stated outside of the courtroom. Another example is “speculation,” which means that witnesses may not be allowed to guess what the facts might be. The attorney is not allowed to “lead” witnesses, either, which means that they cannot guide them toward making statements that they wouldn’t have made otherwise.

Perhaps most notably, you can potentially strike your own statements from the record. For example, you might have made certain admissions to police officers without first being informed of your Miranda Rights. You might have also been pressured to make certain statements. If this is the case, then you can strike these statements from the record – even if you confessed to the alleged crime.

What Happens After You Strike Statements From the Record? 

Striking statements from the record can have various effects. First of all, it is important to note that you cannot force jurors to forget what they have heard. You can prevent the statement from going on the transcript, but you cannot prevent it from affecting the jurors on a subconscious level. Even if a judge carefully instructs jurors to forget what they just heard, there is no guarantee that the statement will not affect their final decision. Attorneys cannot refer to statements that have been struck from the record during their closing or opening statements, however. 

Find an Experienced Criminal Defense Lawyer in Bergen County 

If you’ve been searching for an experienced criminal defense lawyer in Bergen County, look no further than Phillip J. Murphy, Attorney at Law. We know how important it may be to keep statements and evidence out of the record – regardless of the charges you might be facing. However, striking statements from the record is only one potential defense strategy – and another tactic might be more suitable based on your unique situation. To discuss your legal options in more detail, reach out and book a consultation today.

Sources: 

njcourts.gov/attorneys/rules-of-court

law.cornell.edu/wex/motion_to_strike#:~:text=A%20motion%20to%20strike%20is,be%20removed%20from%20the%20record.