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STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

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When Can Lying Be Against the Law?

When Can Lying Be Against the Law?

Yes, lying can actually be against the law. In most scenarios, liars are nothing more than people who avoid problems by not telling the truth, leading other people to simply lose respect for the liar. But in some cases, it can be far worse. There are times when lying can actually be against the law, and knowing when this is the case could help you from making a simple mistake that could carry some heavy consequences.

Essentially, there are a few elements to lying that can be against the law. Lying in court is one such scenario, where it is not known as “lying” so much as it is known as “fraud”. Fraud is simply an intentional lie. This means that there is evidence that you knew the truth but tried to cover it up. Next, there is the idea that you had no intention to lie but made the mistake of doing so. Let’s say, for example, that you said a “lie” as a joke. In this case, assuming you meant for something to be taken as a joke, it is not considered fraud.

In most cases, the court will examine what people could gain from believing a lie, and try to determine the intent behind why the person said it. If there was a lot of misinformation formed from the lie, then an intent to lie is clearly evident. Basically, if the liar simply lied to benefit himself, there is clear intention in this action to act fraudulently on the liar’s behalf. Lastly, the court will look at whether or not the liar caused harm, whether it be on purpose or by accident. Say, for example, the person who believed the lie was injured as a direct result of the lie, there will likely be a liability for fraud. However, emotional “injury” or loss is not enough to justify fraud.

An example of fraud would be lying to cover up a murder. If you know of specific evidence surrounding a murder and lied to cover it up, this is extremely illegal and is a clear example of fraud.

However, there may be cases where people are charged with fraud unjustly. If this has happened to you, contact Tumelty Law immediately. Mr. Tumelty will do everything in his power to fight for your case. Contact his office today to schedule a consultation.

 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.

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Atlantic County Offices

JOHN W. TUMELTY
ATTORNEY-AT-LAW
CRIMINAL LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

Cape May County Offices

ATTORNEY JOHN TUMELTY
DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN TUMELTY
DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

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Atlantic County Offices

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ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

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Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.