Advanced New Jersey Criminal Law
This handout includes legal education for New Jersey criminal attorneys on a wide breath of criminal law matters in the state, ranging from matters of bail, deportation and evidence Miranda warnings, plea agreements, search and seizure procedures and video playback.Read More
This education includes discussion of recently passed legislation, proposed legislation, important rulings and case law, as well as additional factors and precedents.
Dismissal by De Minimis
One of our attorneys obtained a dismissal of a municipal court case by asking the Assignment Judge of the County to dismiss it as being De minimis (so trivial as to be worth dismissing).Read More
The client was charged with underage gambling, which generally results in a 6 months driver’s license loss. The six former prosecutors in the firm with over 180 years of experience between us have never known of this approach being successful and only know of a couple of obscure decisions about this in the law books over the past few decades (e.g. stealing a piece of bubble gum).
No Reasonable Expectation of Privacy on Facebook, Judge Says
Even without appellate case law to provide guidance on the discoverability of information on Facebook, the standard is becoming clear: Post at your own risk.Read More
Three courts in Pennsylvania have now decided that, if a party in a civil case posts information on his or her Facebook page that appears to contradict statements in discovery or testimony, then the party's Facebook page falls within the scope of discovery. In the most recent case, Largent v. Reed, a judge ordered a plaintiff in an auto accident case to turn over her Facebook username and password to the defendant, on the ground that her postings brought up questions about the extent of her injuries.
Traffic Control Enforcement using Digital Photography
The governor signed into law an amendment to Title 39 that establishes a pilot program which will permit traffic control device enforcement to be made via digital photography at intersections. The photographs made by the cameras would be used to establish a violation of NJSA 39:4-81 and other statutes related to red lights.Read More
For purposes of this statute, the owner and driver would be jointly and severally liable for the violation. Process in the form of a summons will be issued by a law enforcement officer for this violation. In addition, unlike other red light violations, no motor vehicle penalty points or insurance eligibility points will be assessed for violations enforced by way of a camera at an intersection.
Spring 2007 Rulings
There have been several decisions of interest in the criminal sphere lately, including the following four cases.Read More
State v. Figueroa, decided April 26, 2007, in which the New Jersey Supreme Court reversed a conviction because the judge told a deadlocked jury that "...I got to be here tomorrow, I got to be here Friday. I got nothing going on Saturday, and Giants are playing away on Sunday, so we will be here as long as it takes you to go through this process." The Court held that these comments had a coercive effect on the sole dissenting juror, who took the majority's position shortly after the comments were made.
State v. Kearns, decided May 15, 2007, in which the Appellate Division held that the lower court was required to impose the NERA (No Early Release Act) 85-percent parole ineligibility period on a defendant whose first sentence was nothing more than probation and inpatient treatment.
State v. Burr, decided May 8, 2007, in which the Appellate Division reversed the defendant's conviction because the lower court judge did not permit expert testimony on the impact of Asperger's disorder to explain his criminal behavior.
Matter of the Civil Commitment of J.P., decided May 9, 2007, where the Appellate Division Court held that a defendant who only plead to the offense of endangering the welfare of a child could be civilly committed at the end of his sentence under the Sexually Violent Predators Act.