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New Jersey Criminal Defense Attorney Blog — Published …

Details: No, the new laws are clear that the odor of marijuana, either burned or raw, by itself does not establish reasonable suspicion to justify or continue a pedestrian stop. In addition, the odor of marijuana by itself does not establish probable cause to conduct a search in a marijuana possession case or even a low-level (fourth-degree) possession

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Law Enforcement Gang Databases

Details: We frequently handle cases where the discovery states that law enforcement has identified our client as being gang-affiliated. Police agencies frequently collect information on individuals who they think are gang-involved and enter it into a database, …

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After 20 Years, New Jersey's Megan's Law Has Accomplished

Details: The other States and the Federal system have enacted similar laws. A State-wide army of parole officers are charged with supervising convicted sex offenders throughout New Jersey. Once an offender is placed under parole supervision, the parole officer responsible for their case has tremendous latitude over where they can live and work and what

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New Jersey Supreme Court says State's Wiretap Act is

Details: Edward Ates appealed his Bergen County conviction and life sentence for the murder of his son-in-law in Ramsey, New Jersey. The Appellate Division affirmed, and the New Jersey Supreme Court granted certification to consider, among other issues, Ates’ assertion that New Jersey’s Wiretapping and Electronic Surveillance Control Act was unconstitutional.

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State v. Hyppolite

Details: Criminal justice reform in New Jersey is now two years old. As we gain more experience with the underlying rules and procedures, it is worth reviewing whether they are achieving their stated goals and the effect they are having on our criminal justice system.State v.

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State v. Nyema and the Proper Basis for an Investigatory

Details: State v. Nyema, a recent Appellate Division decision, is important because it helps to set parameters for what constitutes a sufficient basis for an investigatory stop.. The case arose from a convenience store robbery. The police had information that the robbery was committed by two black males who fled on foot.

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US Supreme Court Opinions

Details: However, our brief did not effect the laws of the entire Nation and it’s citizens. It did not matter if nobody knew what changes were made, or if prior drafts were unavailable. Obviously, the same cannot be said about Supreme Court decisions which, in a very real sense, are the law of the land and impact on all of us.

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Police Cannot Search Cell Phones Incident to Arrest

Details: On June 25, 2014, the US Supreme Court released its decision in Riley v.California and the companion case of US v.Wurie.. The Court held that the police may not search digital information on a cell phone that was seized from an individual in reliance on the “search incident to arrest” exception to the warrant requirement.

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Reduced Federal Sentences for Non-Violent Drug Offenders

Details: His critics respond by saying, among other things, that mandatory minimum sentences for low-level drug offenders aid in the enforcement of our narcotics laws by pressuring “smaller” defendants to cooperate with police and prosecutors in their efforts to move against larger suspects and targets.

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18-Year Old Live-Streams Friend's Rape

Details: Prior articles on this blog have discussed our increasing dependency on our electronic devices. Many members of my generation are still getting somewhat used to smart phones, I …

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State v. Andrews

Details: The ability of law enforcement to access the cell phone content of a criminal defendant has received considerable attention in recent years. The issue has been the same in case after case. If

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Maryland v. Kulbicki

Details: Maryland v. Kulbicki, No. 14-848 (2015), a recent US Supreme Court decision, helps to further define the concept of ineffective assistance of counsel for purposes of Sixth Amendment claims. The case is important for anyone considering a motion for post-conviction relief in State court or a habeas petition in Federal court based upon an argument that their attorney did not perform properly.

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United States v. Nesbeth and Collateral Consequences of

Details: Many defendants focus exclusively on only one issue in their case – Am I going to jail? If there is even a possibility that this question may be answered affirmatively, follow-up issues concerns the length of the sentence and the facility where it may be served (e.g., state prison vs. county jail). What often gets lost in the discussions concerning this aspect of a criminal case are the

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Release of Non-Violent Federal Drug Offenders Long Overdue

Details: The United States houses a quarter of the world’s prison population. The Justice Department has an annual budget of about $27 Billion, a third of which is spent on operating the federal Bureau of Prison’s 120 facilities.

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Answers to Questions Raised by the New Marijuana

Details: No, the new laws are clear that the odor of marijuana, either burned or raw, by itself does not establish reasonable suspicion to justify or continue a pedestrian stop. In addition, the odor of marijuana by itself does not establish probable cause to conduct a search in a marijuana possession case or even a low-level (fourth-degree) possession

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Courts Under Assault — New Jersey Criminal Defense

Details: A free and independent judiciary is a cornerstone of our constitutional structure. In our system, judges are supposed to remain free of political pressure to the fullest extent possible so that they can interpret and apply our laws without having to fear political reprisals resulting from their decisions.

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Tax Time is Coming — New Jersey Criminal Defense Attorney

Details: As we do so, it is important to remember that errors and omissions relating to compliance with the tax laws can result in criminal charges. What follows is a very brief primer on how the Internal Revenue Service investigates tax crimes, as well as the results of …

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Latest Insurance Fraud Prosecution in New Jersey — New

Details: Six Passaic County residents were arrested recently and charged with staging automobile accidents. The State is alleging that their actions defrauded two insurance companies out of approximately $78,000.00, in connection with accidents that occurred on or about April 29 2009.

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Probation Problems and Solutions — New Jersey Criminal

Details: Probation Problems and Solutions. September 15, 2017 | By James S. Friedman, LLC. Under current New Jersey law, the maximum term of probation is five years. Experience indicates that most defendants are typically placed on probationary terms that can run from one to three years. Many defendants facing jail time view probation as a gift and

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Criminal Justice Reform in New Jersey

Details: As stated in a previous posting, the new laws and procedures change New Jersey’s criminal justice system in many significant ways. The new bail procedure departs substantially from current law. Under the current system, a defendant’s pretrial release depends their ability to post a …

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Computer Crime Increasing in Frequency, Magnitude and

Details: The United States Attorney’s Offices for the Southern District of New York and the Northern District of Georgia recently announced three indictments charging several defendants with, among other things, computer hacking, theft and fraud.

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Elonis v. United States

Details: A federal statute (18 U.S.C. Sec. 875(c)) makes it a crime to transmit in interstate commerce communications containing threats to injure someone. — June 25, 2015

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New Head of Cook County Jail is a Clinical Psychologist

Details: The Cook County Jail in Chicago is one of the largest county jails in the United States, holding up to 9,000 inmates on any given day. It is estimated that approximately one third of these inmates are mentally ill.

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New Jersey Criminal Defense Attorney Blog — Page 3 of 16

Details: Our Supreme Court recently decided State v.Nelson, which addresses the extent to which the police may prolong a traffic stop to investigate suspected criminal activity.. The facts of the case are straight-forward. A New Jersey state trooper learned from a reliable source that a silver Infiniti with a known plate number driven by an African-American male would be traveling up the Turnpike with

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Police Reform in New Jersey

Details: Anyone who has been following the news over the past few months understands that serious instances of police misconduct have occurred (and continue to — July 22, 2020

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Fernandez v. California

Details: Generally speaking, consent searches are on the long list of unwanted events that create additional hurdles to mounting an effective defense in any criminal case. Fernandez v. California,

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US Supreme Court Places Limits on Restitution Awards in

Details: Earlier this year, the US Supreme Court handed down its decision in Paroline v.United States.. The decision instructs district courts to adopt a common sense approach in computing restitution awards in child pornography cases.

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Criminal Justice Reform in New Jersey

Details: Ever wonder why criminal cases languish in the system prior to resolution? Frequently, good reasons frequently exist for a case to drag on over a period of months, or even years. Further, the

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Making Criminal Justice More Efficient and Effective

Details: This blog and the accompanying firm website have numerous entries concerning drug court and other diversionary programs. One of the many stated purposes of these programs is to make the criminal justice system more efficient and effective.

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New Jersey Appellate Court Precludes Excessive Questions

Details: Michael McGovern applied for a Firearms Purchaser Identification Card (“FPIC”) and Handgun Purchase Permit (“HPP”) in Jersey City. McGovern completed all of the standard application forms required by the New Jersey State Police.

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Rikers Ends Solitary Confinement for Juveniles (Finally

Details: New York's Rikers Island is the second largest jail in the United States, housing between 11,000 and 12,500 inmates at a given time. It is also one of — February 22, 2015

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Proposed NY Bail Reforms

Details: One of the first decisions made in any criminal case involves setting bail. In New Jersey state courts, the initial bail is frequently set by a municipal — October 13, 2015

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State in the Interest of NH

Details: Neither the New Jersey Code of Juvenile Justice nor the New Jersey Court Rules expressly address discovery in juvenile matters. The absence of express guidance in the statute or court rules recently led to decisions from the Appellate Division and New Jersey Supreme Court that broadened a juvenile’s right to discovery, at least in a relatively narrow – but very serious – class of …

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State v. Robinson, the Protective Sweep Doctrine, and

Details: In State v.Robinson, decided on May 1, 2017, the New Jersey Supreme Court considered the extent to which the “protective sweep” doctrine, which is an exception to the warrant requirement, applies to a police search of the passenger compartment of a vehicle during a traffic stop. In Robinson, an officer observed a vehicle driving in a manner he considered unsafe in an area known for drug

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Recent NJ Supreme Court Decision Signals Loss of

Details: Generally speaking, a motor vehicle is not protected from unreasonable searches and seizures to the same extent as a home. Our State's Supreme Court has — December 4, 2015

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Amend New Jersey Constitution to Help Guarantee an

Details: New Jersey judges are currently appointed for initial seven-year terms. At the end of this period, a judge’s appointment is reviewed by the Governor and the State Senate with an eye toward determining whether they should be reappointed with tenure, which would guarantee the security of their position until they reach the mandatory retirement age of 70.

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Don't Assume A DWI Must End With A Guilty Plea — New

Details: Any New Jersey Criminal Defense Attorney who practices regularly in our State's Municipal Courts handles clients accused of DWI (Driving While — April 24, 2015

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New Jersey Criminal Defense Attorney Blog — Page 4 of 15

Details: As any New Jersey gun owner knows, our State already has some of the most restrictive gun laws in the country. Certain cities and towns in different states including New Jersey are, however, apparently attempting to take action on the municipal level by implementing local ordinances that sharply restrict the operation of gun shops in their areas.

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Fourth Amendment Basics

Details: Antoine Cortez-Dutrieville wanted to challenge the seizure of evidence, including heroin and other paraphernalia, from the home of his child's mother, Portia Newell. At some point, however,

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Hinton v. Alabama

Details: The United States Supreme Court decided Hinton v.Alabama, No. 13-6440 (Per Curiam), on February 24, 2014. This case is a “must read” for all defense attorneys because it highlights the importance of some of the most fundamental requirements …

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State v. Bivins and Limits on "All-Persons-Present" Search

Details: The Fourth Amendment to the United States Constitution, as well as the analogous provisions of New Jersey state law, set rules concerning the manner in which officers can search a person, and/or their home, office or vehicle.

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Grady v. North Carolina

Details: The United States Supreme Court decided Grady v.North Carolina on March 30, 2015. After completing his prison term for sex offenses, the State determined that Grady was a recidivist sex offender, and wanted to place him on satellite-based monitoring.

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Is Your Lawyer Really "Super"

Details: This blog focuses almost exclusively on criminal law and criminal procedure, making this posting something of a oddity. With that said, however, this posting may certainly be viewed as a comment on an issue that is significant in any criminal case, which is the selection of defense counsel.

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Warrantless Cell Phone Searches Incident to Arrest — New

Details: The United States Supreme Court has granted certiorari in two cases that consider whether the police can conduct a warrantless search of an individual’s cell phone incident to arrest.

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Ninth Circuit Sends Conflicting Messages on Gun Rights

Details: Two recent decisions from the United States Court of Appeals for the Ninth Circuit send conflicting messages on gun rights. In the earlier case, San Diego County required applicants for a concealed carry permit to show good cause for carrying a concealed weapon.

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State v. Robertson

Details: The most onerous part of the sentence in most, if not all, DWI cases is the license suspension. The suspension can range from seven months …

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