I have been practicing criminal law for over 25 years. I am certified by the New Jersey Supreme Court as a Certified Criminal Trial Attorney. I also had the honor to serve as the Morris County Prosecutor from 2007-2013.
The Intersection of Matrimonial Law and Criminal Issues
Now that I have returned to private practice, my law firm has handled a number of cases involving matrimonial/family law attorneys. Many of these clients, in the context of a divorce, have confronted serious criminal law issues. Surprisingly, this is not an uncommon scenario.
When I was the County Prosecutor, our office handled many cases that originally stemmed from divorce cases. This is because tension is high in divorce proceedings. Oftentimes, clients act or react in a manner that proves to be disastrous. This behavior exposes them to potential criminal charges.
How Criminal Prosecution Exposure Occurs in Divorce
Many times, and understandably so, matrimonial attorneys are unaware of the existence of potential criminal charges that their client may have committed. These issues are often later exposed in certain phases of the divorce litigation, such as during discovery.
The Risk of Unintentional Self-Incrimination
Worse yet, many of these scenarios occurred when the client was represented by a matrimonial attorney. The family law attorney—unaware of their client’s criminal activity—often unknowingly allowed their client to admit to such criminal activity during the divorce proceedings. This resulted in a host of additional legal problems.
At The Bianchi Law Group, LLC, we have “partnered” with a number of family law firms to advise those attorneys on common criminal law issues interrelated to a client’s divorce matter. Utilizing a skilled criminal defense attorney adds a necessary layer of protection for both the matrimonial attorney and their client.
Common Scenarios for Prosecution Exposure
For instance, the exposure of criminal prosecution can result when:
- An attorney allows the production of evidence relating to the criminal activity.
- An attorney allows his client to admit to criminal activity during a deposition.
- An attorney allows his client to admit to criminal activity as a witness on the stand while under oath.
Common Criminal Charges in the Matrimonial Context
There are various criminal charges that commonly arise in the matrimonial context including, but not limited to:
- Financial fraud.
- Various computer crimes (e.g., unlawfully accessing data, emails, text messages).
- Privacy violations and invasion of privacy concerns.
- Harassment charges.
- Unlawful use of GPS and computer tracking devices.
- Domestic violence complaints.
- Alleged violations of TRO/FROs.
Remarkably, this list is anything but exhaustive.
Strategic Leveraging of Criminal Statutes
In some domestic violence cases that we have tried, the testimony of a spouse stops dead in its tracks. This occurs when we alert the court—and the testifying witness—that he or she may be admitting to a crime. This very scenario has led to more productive negotiations for resolution and even dismissal of domestic violence matters.
Only a skilled criminal trial attorney with knowledge of the criminal law statutes is often able to leverage this knowledge very favorably for a client. They know when a client is falling into the trap and can respond before information is revealed that seals their fate.
Violations of Family Court Orders
Criminal charges can also arise where a spouse admittedly has violated a previous court order. For instance, this may involve a court’s divorce order or decree. Many do not realize that it is a 4th degree crime to violate any court order. This even includes an order issued by a family court judge.
The Importance of Educating Matrimonial Counsel
In summary, there is often a considerable amount of confusion when spotting a criminal law issue. Recognizing criminal law issues is a basic and important consideration for any family law attorney. They must ensure that when pursuing the matrimonial matter, they are not exposing a client to a possible jail sentence.
The Former Prosecutor Advantage
Working extensively as former prosecutors in this area of law is a “niche” area that The Bianchi Law Group, LLC engages in regularly. We provide seminars on:
- Actual case studies.
- Problematic areas to be alerted to.
- The ability to recognize when a client is in danger of criminal prosecution.
“Knowledge is power” and, in this context, it is essential to any matrimonial attorney. As former prosecutors, we know the “inside game” as to how the prosecution investigates and builds these cases. We understand the techniques to mitigate the exposure to criminal prosecution.
© 2014 Robert A. Bianchi, Esq.
