Category Archives: Criminal Legal Process

Evidence Obtained Through Illegal Search Held Inadmissible by New Jersey Supreme Court

The New Jersey Supreme Court ruled in December that police violated a defendant’s Fourth Amendment rights by subjecting him to an investigatory detention based solely on the fact that he was the same race as the man the police were … Continue reading

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NJ appeals court reverses eluding conviction based on inappropriate jury instructions

On appeal from a Middlesex County court decision, the New Jersey Appellate Division recently reversed an eluding conviction due to faulty jury instructions. The case, State v. Padilla-Bustamante, arose when the defendant pulled over at a gas station in New … Continue reading

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Warrantless use of suspect’s cell phone data upheld by New Jersey court

In State v. Earls, the New Jersey Appellate Division upheld a conviction for burglary, theft of movable property, receiving stolen property, and marijuana possession, despite the defendant’s claims that the police conducted unlawful search and seizures. The court’s decision to … Continue reading

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New Jersey death by auto lawyer

As a criminal defense lawyer with over 35 years of experience, I’ve handled numerous death by auto cases and defended the charge on a regular basis. Cases involving death by auto charges require a great deal of sensitive negotiation for … Continue reading

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The no-knock search warrant provision

Generally, both the Fourth Amendment, which protects individuals against unreasonable search and seizures, and the laws of New Jersey require police to knock and announce their presence at a home or dwelling before executing a search warrant. This is commonly … Continue reading

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Child molesters & Miranda warnings

The New Jersey Supreme Court recently held that police were not required to repeat Miranda rights to a child molester during the custodial interrogation which resulted in his arrest. In the case, the man went to the police station under … Continue reading

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Burden of proof at trial

The burden of proof at a criminal trial is on the prosecution to prove that the defendant is guilty beyond a reasonable doubt. This means that in order for the defendant to be convicted, the prosecution must exclude all reasonable … Continue reading

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Man accepts plea agreement for aggravated sexual assault in New Jersey

A New Jersey man recently accepted a plea bargain in which he pled guilty to aggravated sexual assault, taking a sentence of 7 years in prison in exchange for the prosecution’s agreement to drop several other charges including criminal sexual … Continue reading

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Why criminal defendants should consider not taking the stand

The Fifth Amendment of the United States Constitution gives a criminal defendant the right to choose whether to testify at trial. It is common for criminal defendants to want to take the stand and tell their story to the jury. … Continue reading

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Extended term sentencing in New Jersey

Extended term sentencing in New Jersey is a mechanism by which a judge has the discretion to extend an individual’s sentence beyond the penalties normally associated with the conviction when certain circumstances exist. When a person is convicted of a … Continue reading

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