Assemblyman’s Former Girlfriend Uses New Evidence to Request Sentence Reduction

Karen Golding, the former alleged lover of state Assemblyman Joseph Cryan, D-Union, is asking New Jersey judges to reduce her stalking sentence, based on new evidence that was recently made public. Golding, a former lobbyist, was arrested in 2006 for stalking Cryan, breaking into his car, and stalking Cryan's new girlfriend.

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Tags: Criminal Law

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Reese Witherspoon Arrested During DUI Stop

Well-known actress Reese Witherspoon was arrested when her husband, Hollywood agent James Toth, was pulled over for driving drunk in Atlanta last month. According to the police report, Witherspoon would not stay in the car while officers conducted a field sobriety test on Toth, who was driving at the time. New Jersey drunk driving lawyers say that Witherspoon has been charged with disorderly conduct, while her husband faces charges for driving under the influence of alcohol.

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Appeals Court Rules on Adverse Inference

A Bergen County man will get a new trial, New Jersey criminal lawyers report, after a ruling from the state appeals court last month. Appellate judges issued a warning to criminal trial judges regarding the procedure for a defendant who refuses to testify at his own trial. In these cases, the jury must be instructed not to draw an adverse inference against the defendant when making a decision.

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Routine Traffic Stop Leads to Criminal Charges

A New Jersey teacher is facing criminal charges following a routine traffic stop last month. Louis A. Yontef, from West Orange, was charged with possession of cocaine while on vacation in Boca Raton, Florida, during his school's spring break. He and a friend were stopped by a local police officer for a minor offense, which New Jersey criminal attorneys say has snowballed into much more serious drug charges that could jeopardize the man's career as a New Providence teacher.

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Proposed Changes to New Jersey Rule of Evidence

A committee of the New Jersey Supreme Court has proposed changes to evidence rules in court proceedings, hoping to restrict the use of evidence from past crimes to besmirch a defendant's credibility in a present trial. NJ criminal lawyers report that the committee plans to update the language and the range of New Jersey Rule of Evidence 609.

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IIDS May Replace License Suspension, Senate Says

New Jersey may introduce less restrictive penalties for first-time drunk driving offenders.  The state senate has approved a bill that proposes changes to the standard requirements for drivers who have been charged with a DUI for the first time. New Jersey drunk driving lawyers say that the bill, if passed, may keep drivers not only from driving drunk, but also from driving on a suspended license.

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New Jersey Courts Rule that Privilege of Self-Incrimination Stands

In a recent ruling, the state appellate division denied a prosecutor's request that a police officer turn over his flashlight in a case against him, New Jersey criminal attorneys report. Myron Kelsey, an officer from the Trenton Police Department, was charged with assault when he allegedly used the flashlight in question to beat people over the head in a street fight.

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Appeals Court Rules on Related but Non-Concurrent Crimes

The New Jersey appeals court recently reversed a previous expungement decision for a Medicaid fraud case from 2005, and in doing so, clarified the state requirements for expungement of two related, but nonconcurrent crimes. In reviewing the appeal request for R.Z., A-4253-11, the appellate court found that R.Z. and his New Jersey criminal attorneys  failed to establish that the crimes were committed concurrently.

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Supreme Court Decision Leads to Retrial for New Jersey Man

Ten years after his original conviction, Askia Nash has been given a second chance to defend his innocence. Nash, a former librarian at Morton Street Elementary in Newark, was convicted in 2002 of sexually assaulting a student, and was sentenced to 22 years in prison. But after serving a decade of his sentence, the New Jersey Supreme Court recently granted Nash a retrial in light of evidence that had been omitted from the original proceedings.

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Tags: Criminal LawJuvenile Law

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Proposed Measures Would Change Municipal Court Proceedings

In February, the New Jersey Supreme Court Committee on Municipal Court Practice proposed a series of revisions intended to update the current municipal court proceedings to more closely resemble those of the state supreme and superior criminal courts. Criminal attorneys in New Jersey say that the revisions, if accepted by the state supreme court, would unify the processes of the municipal and superior courts.

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Proposed Legislation May Offer Ex-Criminals Better Employment Opportunities

Criminal attorneys in New Jersey who have represented repeat offenders know that a key factor in returning to a life of crime is desperation. If convicted criminals have no resources to find jobs and homes to start a new life, they are likely to end up back in jail.

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New Options for Mentally Ill Criminal Defendants

Americans are calling for a better solution for the growing problem of mentally ill or unstable citizens involved in criminal activity, New Jersey criminal attorneys report. The tragedy at Sandy Hook Elementary in Connecticut, where a mentally unstable man’s shooting spree at an elementary school left nearly two dozen children and teachers dead, has sparked lawmakers to find a more effective way to deal with mental illness in the criminal system and courtrooms.

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New Jersey Criminal Attorneys Discuss Overturned Molestation Conviction

A man whose conviction of child molestation was overturned because his public defender provided an inadequate defense will recover more than half a million dollars from the state, New Jersey Criminal Attorneys report.

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New Jersey Criminal Lawyers Discuss Defendants’ Right to Evidence

In a recent child pornography case, a New Jersey criminal attorney argued that his client was treated unfairly when he was denied access to state evidence against him. Attorney Bruce LiCausi presented his client’s case to the state Supreme Court early this year, and claimed that the Appellate Division has created an unequal system for defendants in keeping his client, Blaine Scoles, in the dark about his own trial.

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New Jersey Criminal Lawyers Comment on Proposed Bills for Gender-Motivated Crimes

A bill recommended by the state Assembly Judiciary Committee would invite lawsuits from victims of gender-motivated crimes or stalking crimes, New Jersey criminal attorneys report. The bill, A-746, was approved by the committee and seeks to establish “a civil cause of action for gender-motivated violence.”

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New Jersey Criminal Attorneys Report Discuss Liability of Drug Dealer in Overdose Death

A pending trial against unknown drug dealers may lead to additional charges for dealers connected to overdose deaths, New Jersey criminal attorneys report. Ruth and Philip Roth, from Teaneck, New Jersey, are filing a lawsuit aimed at the unidentified drug dealers who they claim are responsible for their son’s death.

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New Jersey Criminal Attorneys Discuss Middlesex Burglar’s New Trial

William Isaksen, a 28-year-old man from Stafford Township, will receive a new trial by jury, New Jersey criminal lawyers report. Last year, a Middlesex County jury convicted Isaksen to a three-year jail sentence in connection with a failed burglary.

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New Jersey Criminal Attorneys Discuss Changes to Recitation Requirements

New Jersey criminal attorneys report that the state courts will be making changes to criminal defendants’ waivers. All criminal defendants can waive their right to a trial by jury, which is automatically granted to them as a civil right.

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New Jersey Drunk Driving Attorneys Discuss Social Media Sharing

Oversharing has become second nature to a vast majority of the up-and-coming teen generation, but New Jersey Drunk driving attorneys warn of its consequences. Facebook, Instagram, and Twitter are easily accessible venues for updating friends and followers about every minute of one's day-to-day activities.

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New Jersey Attorneys Discuss Gun Control

In the wake of the recent Sandy Hook tragedy, New Jersey federal lawmakers have joined the conversation about gun violence. Although gun violence is a widely-discussed issue in every political agenda, the recent shootings in Connecticut have brought a new sense of urgency to the discussion, New Jersey attorneys say.

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Detention Ruled Unlawful Despite Previous Record, New Jersey Criminal Attorneys Report

An outstanding parole warrant does not excuse a wrongful investigatory detention, according to New Jersey Supreme Court officials in a decision last month. In State v. Shaw, A-38-11, the state Supreme Court ruled that the defendant, Don Shaw, was wrongfully held in police custody, and that the later discovery of a parole violation against him did not mitigate the violation of his rights during the stop.

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New Jersey Criminal Lawyers Prepare for Possible Legislation Changes Regarding Pedestrian Deaths

A new bill that proposes increased penalties for drivers who injure or fatally harm pedestrians in a crosswalk has been making its way through the state Senate, New Jersey criminal attorneys report. Co-sponsored by state Senator Sandra B. Cunningham, the bill, S-1354, was released by the Senate Transportation Committee last month, and is now waiting on the full state Senate to make its decision.

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Previous DUI Charge Causes Trouble for Football Player, New Jersey DUI Attorneys Report

A prior history of drunk driving and DUI charges can escalate a DUI offense, especially when an auto accident caused by driving under the influence results in injury or death, New Jersey drunk driving lawyers say. The high-profile arrest of Dallas Cowboys’ team member Joshua Brent last month is one example of a repeat offender facing arrest.

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New Jersey Criminal Attorneys Discuss Blame in Drug Case

Quasheem Reels, of Paterson, New Jersey, could be sentenced to twenty years in a state prison after selling heroin to a man who later died from an overdose. Under a little-used state law, a drug dealer can be charged with a first-degree crime if one of his clients dies of an overdose.

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Child Endangerment Charges can Carry Across State Lines, New Jersey DUI Attorneys Warn

A woman from Asbury, New Jersey, is facing criminal charges after driving under the influence and failing to restrain her 5-year-old daughter in a car seat. Kimberly Joy Stricker, 40, drove off a road in Monroe County, Pennsylvania, crashing into a ditch and an embankment after she lost control of her car. The car flipped over and hit a tree 30 feet from the roadside.

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New Jersey Criminal Attorneys Discuss Self-Defense Shooting

A New Jersey man is pleading self-defense after shooting a female friend on the night of his 25th birthday party. Giuseppe “Joseph” Tedesco shot Alyssa Ruggieri, 22, six times at her home in March 2010. New Jersey criminal attorneys say that Ruggieri had refused to attend Tedesco’s birthday celebrations that night, sparking a violent argument that ended with Ruggieri’s death.

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Man Jailed for Leaving Scene of Deadly Accident, New Jersey Criminal Attorneys Report

A New Jersey judge sentenced William Simkins to seven-and-a-half years in jail for leaving the scene of a 2010 accident that left a teenage boy dead. Simkins, 33, had been earlier cleared of vehicular homicide charges, but fleeing the accident will cost him jail time and a two-year license suspension once he is released.

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Safe and Happy Holiday Wishes from Your New Jersey DUI Lawyers

December is the time for holiday cheer – and that cheer includes office parties, New Years’ Eve bashes, and family get-togethers. These events are often the joyful celebration of another year, but when the drink flows too freely, and winter weather ices up the roads, the drive home can become treacherous.

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Tags: AnnouncementsCriminal Law

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Buckle Up: New Jersey Criminal Attorneys Discuss State’s Seatbelt Law

Wearing your seatbelt is one of the first steps in safe driving, New Jersey criminal attorneys say, but many drivers may soon find that failing to buckle up is not only unsafe, but criminal activity as well. The New Jersey Appellate Division has declared that driving or riding without wearing a seatbelt is a predicate offense under N.J.S.A. 2C:40-18, and criminal charges for violating public safety can result from a failure to wear a seatbelt in the car.

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New Jersey DUI Attorneys Discuss State IDRC Program

If you have been convicted of driving under the influence in New Jersey, state law mandates that you enroll in an Intoxicated Driving Resource Center (IDRC) program. This program evaluates DUI offenders for drug and/or alcohol problems, and assigns treatments based on level of offense and prior record.

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New Jersey DUI Attorneys Warn Against Drunken Off-Roading and Boating

While most New Jersey drivers limit their drinking when they must drive home from a night out on the town, or call a cab when they’ve imbibed too much, many people do not extend the same caution on New Jersey’s waterways or off-road paths.

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New Jersey DUI Attorneys Warn Against Sleeping It Off in the Car

Sleeping off your night of partying in your car may not be such a great idea, New Jersey DUI attorneys say. Last month, police arrested Nicholas Healy, 27, a Toms River resident, when they found him passed out in his Honda Civic in a parking lot around 3:00 a.m. According to the police report, the driver’s head was on the steering wheel and the car was in park with the engine running.

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New Jersey Criminal Attorneys Discuss Compounding Crimes

The New Jersey criminal attorneys at Helmer, Paul, Conley, and Kasselman have been watching with interest as Lindsay Lohan's latest legal trouble has been unfolding in the news. When Lohan's Porsche rear-ended an 18-wheeler on the Pacific Coast Highway this June, Santa Monica law enforcement officials initially charged her with a misdemeanor.

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New Jersey DUI Attorneys Applaud Decreasing Numbers of High School DUIs

Nine out of ten teenage drivers in the United States pledged to drive safely in 2011, cutting the number of high school students who are drinking and driving in half over the last two decades, New Jersey DUI attorneys are happy to report.

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Tags: Criminal LawJuvenile Law

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New Jersey Criminal Attorneys Discuss Trial Error that Overturns Sexual Assault Case

More than two years after his imprisonment, Bart McInerney was released from South Wood State Prison this month with a second chance. The former St. Rose High School baseball coach had been accused and convicted of sexual misconduct with his players, and was sentenced to an 18-year prison term.

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Driver Receives Lighter Sentence in Car-Cyclist Collision, New Jersey Criminal Attorneys Report

Under New Jersey auto accident law, a Hampton man who hit four bicyclists with his car earlier this year will serve 150 days in a county jail. Robert Whitesell, 26, was driving with a suspended license when he ran into a pedestrian sidewalk sign and four cyclists riding on Route 519 in April.

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New Jersey Criminal Attorneys Review Child Testimony Rules

The New Jersey Supreme Court recently ruled that testimony given by a 13-year-old charged with a sex offense was admissible in court, even though the boy’s father was not present in the interrogation room at the time.

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Tags: Criminal LawJuvenile Law

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Stricter Laws Proposed for Driving with Minor Passengers, New Jersey DUI Attorneys Report

The New Jersey Assembly Law and Public Safety Committee has proposed a bill that will impose harsher penalties for drunk driving with a minor passenger in the car. Under current New Jersey law, DUI offenders are charged with a disorderly persons offense; the law does not impose separate repercussions for those driving under the influence with young children in tow.

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New Jersey DUI Attorneys Anticipate Harsher Penalties for Repeat Drunk Drivers

Recent changes in New York’s relicensing regulations could propel similar changes to DUI laws across the country, New Jersey DUI attorneys say. New York officials have put in motion legislation that will deny relicensing to repeat DUI offenders, who account for 25% of all drunk driving related accidents each year. Other states have recently instituted harsher penalties as well in an attempt to prevent habitual drunk drivers from staying behind the wheel.

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Cell Phone Data Can Offer Incriminating Evidence, New Jersey Criminal Attorneys Report

Advanced technology is changing the way criminal courts gather evidence, according to New Jersey criminal defense attorneys, and your trusted cell phone may contain damning evidence that works against you.

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Twitter Hoax May Lead to Criminal Charges, New Jersey Criminal Attorneys Report

When New Jersey teen Kara Alongi posted a desperate message to her Twitter feed at the end of September, it started a statewide search that sparked a national following and widespread media attention.

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Atlanta Falcons Football Player May Seek Help from New Jersey DWI Attorneys After Drunk Driving Arrest

New Jersey DWI attorneys, and anyone who regularly watches the news, can’t help but notice the recent wave of NFL stars arrested on suspicion of drunk driving, including the recent arrest of Atlanta Falcons running back Michael Turner.

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NJ Injury Lawyers Discuss Red Light Camera Legislation

When drivers fail to heed traffic lights, serious consequences can result. However as experienced NJ injury lawyers know, red light cameras at intersections aren't always the answer.

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New Jersey Criminal Defense Attorneys Help Former Hackensack Police Chief Reduce Potential Jail Sentence

Regardless of past or present accomplishments, anyone charged with a crime in New Jersey can benefit from the help of experienced New Jersey criminal defense attorneys, and Charles "Ken" Zisa is no exception. The former Hackensack police chief and state assemblyman recently faced sentencing on a conviction for official misconduct and insurance fraud.

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New Jersey DUI Lawyers Comment on Recent Hit-and-Run Accusations Against Lindsay Lohan

As many New Jersey DUI lawyers know, drunk driving charges can become complex if an accident occurs, and fame doesn't provide an easy out. According to recent media reports, actress Lindsay Lohan allegedly clipped a pedestrian while driving in New York City. The man, who was later identified as a Jersey City resident, was taken to an area hospital with a knee injury.

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More Information about New Jersey Assemblyman's DUI Arrest Released

The dispute between a New Jersey lawmaker and the police officer who arrested him for DUI is growing louder.

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Proposed New Jersey Law Would Require Sharing of Sex Offender Status on Social Networking Sites

If new legislation proposed by New Jersey Senator Christopher Bateman is passed, persons convicted of sex offenses in New Jersey will be required to have their offender status publicized on all social networking sites that they frequent

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New Jersey Criminal Defense Attorneys Applaud Supreme Court Decision Against Life Sentences for Juvenile Offenders

In a decision that is bound to affect state attitudes towards mandatory life sentences for juvenile offenders, the U.S. Supreme Court recently ruled that a mandatory life sentence for a juvenile convicted of a crime constitutes cruel and unusual punishment.

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Tags: Criminal LawJuvenile Law

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Criminal Conviction Records Now Available on New Jersey Courts Website

New Jersey Criminal Defense Lawyers Identify Information That Will Now Be Accessible

State authorities recently announced that criminal conviction records will now be available for public access through a searchable database on the New Jersey Courts website.

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New Jersey DUI Lawyers Discuss Experiments with Talking Urinal DUI Cakes

Law enforcement authorities in Michigan used an inventive new technique to reduce the incidence of drunk driving over the Fourth of July as part of their annual anti-DUI campaign.  The campaign involved the distribution of dozens of urinal deodorizer cakes that contained prerecorded messages asking bar patrons to refrain from driving under the incidence of alcohol.

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New Jersey Dog Bite Lawyers Recommend Regular Veterinary Care to Prevent Dog Bites

When a dog is involved in a bite incident, it is common to find owners wringing their hand and claiming that their dog has never bitten anyone before.  That might be true, but when a dog without a bite history attacks an adult or child, the attack may be linked to the general health of the dog.

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New Jersey Criminal Defense Lawyers Discuss Tough New Eyewitness Identification Standards

This September, the state of New Jersey will implement stronger eyewitness identification standards.  The New Jersey Supreme Court recently issued expanded instructions that will hold law enforcement officers as well as jurors to higher standards. These enhanced standards may make it easier for New Jersey criminal defense lawyers to argue flawed eyewitness identification.

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Gov. Signs Drug Court Bill Supported by New Jersey Criminal Defense Lawyers

New Jersey Gov. Chris Christie recently signed a bill that would phase in mandatory drug court programs for nonviolent offenders in the state.  The new law will now allow statewide mandatory sentencing to drug court programs instead of mandatory incarceration for people who have been convicted of nonviolent offenses.

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Judge Rules Sex Crime Charges Can Be Filed in Incident That Occurred Overseas

A New Jersey judge has ruled that two high school employees who allegedly had sex with students on a trip to Germany can be charged with sex crimes in New Jersey, even though the alleged incident occurred outside of New Jersey.

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NJ Lawmakers Consider Ignition Interlock Devices for All DUI Offenses

New Jersey lawmakers are considering a proposal that would require everyone convicted of a DUI offense, even first-time offenders, to install an ignition interlock device in their vehicles.

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Court Rules Brain Injury No Basis for DUI Test Refusal

A New Jersey appellate court has ruled that a brain injury is no legal basis to refuse a DUI breathalyzer.

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Are NFL Players at a Higher Risk of DUI?

Over the past month, the media has reported a series of DUI arrests involving players in the National Football League.  Although NFL players are not necessarily at a higher risk of being arrested for DUI, these arrests make national headlines and receive extensive media coverage. 

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New Jersey DUI Lawyer Report:

The New Jersey Senate Judiciary Committee is expected to soon consider a bill that will authorize state motor vehicle agencies to grant restricted permits to persons who have been convicted of driving under the influence.  The permits will be granted by the Motor Vehicle Commission's chief administrator.

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Judge Rules Texter Not Liable in Car Accident

A new case that has been closely watched by New Jersey personal injury attorneys raises the question of how to balance safe driving with distracting mobile devices. A judge has ruled that a woman who was texting her boyfriend while he was driving a car was not liable in an accident caused by the motorist’s distracted driving.  The judge has dismissed claims against the woman that were filed by the injured victims in this accident.

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New Jersey Criminal Defense Lawyers Support New Drug Court Program

The Assembly Judiciary Committee recently passed a bill which proposes a pilot program for a non-voluntary drug court in two counties in the state of New Jersey.  Bill A2883 is a weaker version of the bill proposed by Gov. Christie which required mandatory drug treatment for all persons convicted of nonviolent offenses.

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New Jersey Criminal Defense Lawyers Warn of Online Impersonation to Trap Suspects

Online impersonation to lure potential suspects is one of the oldest tricks in the book, as many New Jersey criminal defense lawyers are aware.  Most recently, a New Jersey man was arrested after chatting with a teenager on Facebook.  The man, Kevin Wild, was arrested for engaging in what authorities believe was a sexually explicit conversation with the boy.

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New Jersey Teens Charged with Inappropriate Touching are Now Subject to Megan’s Law

Two 15-year-old wrestlers at a New Jersey high school who were arrested after complaints that they inappropriately touched three younger middle school boys will now be subject to Megan’s Law.

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Tags: Criminal LawJuvenile Law

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New Jersey Family Lawyers Warn Against Overaggressive Prosecution of Parents for Child Abuse

Over the past few months, New Jersey family lawyers have noticed a severe overreaction to the sex abuse scandals recently reported in the media.  Such overreaction can have dangerous consequences.

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Tags: Criminal LawFamily Law

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Judge Reconsiders Public Humiliation of Convicted DUI Offender

A judge in Texas is reconsidering his decision to impose what NJ DUI lawyers consider a shocking punishment of a person convicted of a DUI offense.  The judge had ordered the man, who was involved in a fatal drunk driving accident, to stand at the accident scene for four days wearing a placard implicating him in the accident.

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New Jersey DUI Breathalyzer Test Voided Due to Tongue Stud

As New Jersey DUI lawyers know, under New Jersey law, when law enforcement administers a breathalyzer test to a suspected intoxicated motorist, no foreign materials or objects should be present in the mouth.  Under this rule, a woman’s tongue stud recently voided a breathalyzer reading that registered up to three times the legal limit of alcohol.

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New Jersey Court Fees Will Soon Increase

New Jersey citizens are likely to pay higher court fees soon due to a provision in the governor's budget plan. Gov. Christie's budget includes plans to raise more than $50 million a year from increased court fees. 

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Former Teacher Arrested for Child Sex Crimes

Ever since he shot into national prominence after he appeared with his 18-year-old girlfriend on a television show, James Hooker has been the subject of sex crime investigations.  Now the 41-year-old former California high school teacher has been arrested for the sexual abuse of a 17-year-old girl in 1997.

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Man Freed after Daughter Admits Making up Rape Allegations

A 43-year-old man is getting his first taste of freedom in close to 10 years after his daughter recanted her rape allegations against him.  The man, Thomas Kennedy, spent close to 10 years in prison after a jury found him guilty of raping his daughter Cassandra Kennedy.

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New Jersey Courtroom Not Designed for Criminal Defense Trials

Despite extensive renovations, a courtroom in Warren County, New Jersey, remains inadequately equipped to handle trials.  For months, New Jersey criminal defense lawyers and the Warren County Bar Association have been drawing attention to the poor design of the courtroom. 

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New Jersey Parents Should Be Concerned about Crime-Alcohol Link

According to the National Institute on Alcohol Abuse and Alcoholism, approximately 80% of all college students drink and at least half of them drink excessively.  This excessive consumption of alcohol, known as binge drinking, is often linked to a higher incidence of crime, including rapes and violent assaults. 

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Supreme Court Rules Monitoring Suspects with GPS Device Unconstitutional

A new U.S. Supreme Court decision does much to address New Jersey criminal defense lawyers’ concerns about the increasing use of technology in surveillance.  The court has ruled that police officers’ installation and use of a GPS device to track a suspect's car constituted a violation of the suspect’s constitutional rights. 

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Tags: Administrative LawCriminal Law

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Supreme Court Rules New Jersey County Jails Can Perform Strip Searches

The United States Supreme Court has ruled that jail officials in county jails can perform strip searches even when a person has been arrested for a minor offense.  The divided 5-4 decision ruled against a New Jersey man who had been subjected to humiliating strip searches at two New Jersey county jails.

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Tags: Administrative LawCriminal Law

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New Jersey DUI Lawyers Find Parents Have Influential Role in Preventing Teen DUI

New Jersey parents can take comfort from the findings of a new study which indicates that teenagers are heavily influenced by their parents in their alcohol imbibing practices.  This influence means that parents in New Jersey can take action to ensure that their teenager is not arrested for DUI. 

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New Jersey Court Rules Man Cannot Be Prosecuted for Related Crimes in Two States

In an important ruling for New Jersey criminal defense lawyers, the Appellate Division of the New Jersey Superior Court has held that a man cannot be prosecuted for two separate crimes committed in two different states if the charges relate to the same conduct.

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Law Enforcement Officers Track Cell Phones without Warrants

You may be surprised to learn that law enforcement agencies in New Jersey and around the country frequently track people’s cell phones without warrants. This cell phone tracking is an ongoing attack on individual privacy and civil liberties, and New Jersey criminal defense attorneys believe that many citizens are not aware of this  practice. 

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New Jersey Makes It a Crime to Possess, Sell Synthetic Marijuana in all Forms

Authorities in New Jersey have now imposed a blanket ban on synthetic marijuana products in the state, making it a crime to possess, manufacture or sell these drugs. 

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New Jersey Criminal Defense Lawyers Support Treatment for Persons Convicted of Nonviolent Drug Crimes

As many New Jersey criminal defense lawyers will tell you, individuals accused of nonviolent drug crimes would benefit more from treatment for their addiction than prison time.  Gov. Chris Christie seems to agree.  The governor this month announced proposals under which most persons convicted of nonviolent drug crimes in New Jersey would complete a treatment program and avoid a jail sentence. 

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Report Increases Pressure on New Jersey to Enact Mandatory Ignition Interlock DUI Laws

Calls for laws that require the installation of ignition interlock devices in all vehicles of DUI offenders have grown louder in New Jersey after the Insurance Institute for Highway Safety reported a lower incidence of drunk driving after states enacted ignition interlock laws. 

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Father’s Ban on Unsupervised Child Visitation Due to Accidental Porn Download is Lifted

A father in the United Kingdom who was restricted from access to his 8-year-old daughter due to his accidental download of child porn files is finally breathing free.

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Tags: Criminal LawFamily Law

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Study Finds Death Row Inmates Indistinguishable from Violent Offenders on Parole

A new study focusing on death row cases in Connecticut confirms to New Jersey criminal defense lawyers that the death penalty, in states that continue to implement it, may be arbitrary and have little relationship to the actual case.

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Zamboni Operator Arrested for DUI on Ice

A Minnesota man has been arrested on suspicion of driving under the influence while operating a - wait for this - Zamboni ice-resurfacing machine. 

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Feds Dangle Highway Safety Funding To Force Ignition Interlock DUI Laws

A new federal transportation bill that was introduced recently proposes to offer incentives to states that require mandatory installation of ignition interlock devices in the vehicles of all DUI offenders.  The incentive comes in the form of federal transportation funding, which will be withheld from those states that fail to implement mandatory ignition interlock device laws.

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New Jersey Education Department Bars Volunteers, School Board Members Due to Criminal Convictions, Background Checks

Persons in New Jersey who have been convicted of crimes may find the penalties for those crimes continue long after they have served out their sentence.  The New Jersey State Department of Education recently disqualified at least 17 people from volunteer positions because of previous criminal convictions.  Additionally, at least a dozen school board members and trustees have also been declared ineligible to serve because they did not comply with state criminal background checks.

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New Jersey Spring Break and DUI Arrests

Any New Jersey DUI lawyer will tell you that, in spite of laws banning the possession of alcohol by anyone below the age of 21, underage drinking is widespread.   Underage drinking in the country reaches its highest levels around important drinking holidays such as Thanksgiving and New Year's Eve.  Also on that list is Spring Break vacation, which also sees large number of teens arrested for driving under the influence.

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New Jersey Police Departments Gear up for St. Patrick's Day DUI Enforcement

Police departments across New Jersey will be on high alert over the St. Patrick's Day holiday.  Alcohol-related festivities are popular during St. Patrick’s Day and this holiday is also a busy time for New Jersey DUI lawyers.

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Tags: Criminal Law

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Study Investigates Factors Involved in Gang Homicide & Violence

A new study investigates the role of drug crimes, drive-by shootings and other crimes in the incidence of gang violence across the country.  New Jersey criminal defense attorneys should be especially interested in the study because it revealed that Newark, New Jersey, has some of the highest rates of gang violence in the country. 

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Tags: Criminal Law

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New Jersey Supreme Court: Suspect Who Asked to Speak to Mother Did Not Assert Right to Silence

A divided Supreme Court in New Jersey ruled that a criminal suspect who asked police officers to let him speak to his mother did not assert his right to silence.  The court has, therefore, reversed a motion to suppress his statement – a ruling of significance to New Jersey criminal defense lawyers who have been following the case.

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New Jersey Supreme Court Considers Testimony Via Telephone

The New Jersey Supreme Court is hearing arguments in a case that appears to test the limits of telephone testimony.  The case involves a man who was deported to Mexico after he was convicted of having a sexual relationship with a 14-year-old girl.

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Tags: Criminal LawImmigration

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Binge Drinking Puts College Students at Increased Risk of DUI Arrests

College students around the country are now drinking a higher number of alcoholic beverages in a single session of binge drinking, according to a study of interest to New Jersey DUI lawyers.

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Study Links Violent Crime to Traumatic Brain Injury

According to a new study published in the journal Public Library of Science Medicine, persons who have suffered a traumatic brain injury are much more likely to commit violent crimes, such as homicide, than those without such a brain injury.

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Tags: Criminal LawPersonal Injury

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Research Indicates 25% of Women Are Victims of Domestic Violence

Federal agencies recently released data that shows that 1 out of every 4 women is a victim of domestic violence by an intimate partner.  Those numbers are much higher than those seen in earlier reports and are of great concern to New Jersey domestic violence lawyers.

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One Third of Americans Arrested before the Age of 23

Approximately one-third of all Americans are arrested for a crime before they reach the age of 23. This fact confirms a truth known to any New Jersey criminal defense attorney: the problem of the over-criminalization of American society is completely out of hand.

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New Jersey School Vice Principal Charged with Secretly Videotaping Students

A New Jersey educator is facing criminal charges after he was accused of secretly videotaping students in a shower at a school. Patrick Lott, the 54-year-old assistant principal at Bernardsville Middle School in Somerville, New Jersey, was arrested last month after these accusations came to light.

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New Jersey PD Faces Claim after Futile Search for Drugs Leaves Car Wrecked

The Pompton Lakes Police Department is currently facing a claim of false arrest and malicious prosecution by a motorist whose car was destroyed during a drug search. More claims from the insurance company that paid out the damages could also be in the pipeline.

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Study Shows Parental Influence on Teen DUI

Evidence has now come to light suggesting that parents may have a much stronger influence on their teenagers’ drinking habits than they were aware of.  A new study has found that children of parents who drive under the influence are more likely to drive drunk themselves.

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Tags: Criminal LawJuvenile Law

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New Jersey Gov. Proposes New Initiative to Reduce Prison Recidivism Rates

New Jersey Gov. Chris Christie has proposed a new rehabilitation program aimed at giving offenders the support they need to avoid criminal activity when released from prison.  The governor's program builds upon the state's current prisoner reentry rehabilitation program and would include New Jersey's current Drug Court program, among other measures.

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Tags: Administrative LawCriminal Law

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FAA Chief Steps Down after Being Charged with DUI

It wasn't the kind of ending to a glorious career that Randy Babbitt expected or even, dare we say it, deserved.  Since 2005, he has served as chief of the Federal Aviation Administration (FAA), and, in those years, he has steered the agency through some tumultuous times.  However, last week, Babbitt's impressive career ended on a note of ignominy when he was arrested on DUI charges in Fairfax, Virginia and subsequently resigned as a result of the charges. 

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Spike in DUI Arrests As Alcohol Use among Women Increases

New Jersey DUI lawyers have been noticing an alarming trend for a while now: the number of women arrested for DUI has been increasing across the country. Now, a new study indicates that the number of women arrested for DUI has risen by as much as 36 percent over the past decade. Binge drinking among young women is also on the rise.

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New Jersey Anti-DUI Enforcement Campaign Underway

The year's most intensive anti-drunk driving campaign is already underway in New Jersey.  Over the next few days, additional police officers will be stationed across New Jersey, pulling motorists over and administering sobriety tests.

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Chicago Bears’ Sam Hurd Arrested on Federal Drug Crime Charges

Chicago Bears wide receiver Sam Hurd was recently arrested on federal drug crime charges.  Hurd was arrested after he was caught making a deal with undercover federal agents, authorities said.  The deal was set up at a restaurant in Chicago and involved supplies of 10 kg of cocaine and 1,000 pounds of marijuana a week for distribution.

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New Law Would Make It Harder for Domestic Violence Offenders to Post Bail

Governor Chris Christie has signed a bill that makes it more difficult for people who have violated restraining orders related to domestic violence to post bail.

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Hollywood Casting Assistant Investigated after Revelation of Sex Crime Conviction

The Los Angeles Police Department is investigating a Hollywood casting assistant who was convicted of a sex crime 15 years ago.  The man, Jason James Murphy, has been working in Hollywood for the past several years as a casting assistant who hires child actors.

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Michael Jackson's Doctor Convicted of Involuntary Manslaughter

A jury in California has found Michael Jackson's personal physician, guilty of involuntary manslaughter arising from the death of the pop star in 2009.  The doctor, Conrad Murray, is due to be sentenced later this month.

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Possible Statutory Rape Charges Against Woman in Justin Bieber Paternity Suit

Police in Los Angeles are considering bringing charges against a woman who filed a paternity suit against Canadian pop star Justin Bieber.

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Tags: AnnouncementsCriminal LawJuvenile Law

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Supreme Court Hears Arguments on Controversial Strip-Search Procedures

The U.S. Supreme Court recently heard arguments related to the case of a New Jersey man subjected to a strip search in two jails after being arrested.

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Tags: Criminal Law

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New Jersey Facebook Profile Case Tests Limits of Identity Theft Laws

Attorneys representing a woman accused of setting up a fake Facebook profile in the name of her former boyfriend are currently trying to get her case dismissed. 

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Tags: Criminal Law

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New Jersey Court Confirms Right to Refuse DUI Smell Test

A New Jersey appeals court has ruled that a police officer who sniffed the breath of an underage drinker should have informed the young man of his Miranda rights before doing so.

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Tags: Criminal LawJuvenile Law

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Facebook Offers Clues about Underage DUI in New Jersey

Teenagers convicted of driving after drinking any amount of alcohol in New Jersey can face a 30-to-90-day suspension of their license. This is in addition to any loss of license for a DWI conviction, which can last anywhere from seven months to one year, as well as other penalties, including mandatory alcohol education, a delayed license and 30 days of community service.

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Tags: Criminal LawJuvenile Law

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Marijuana Now Accounts for Half of All Drug Arrests

Marijuana-related crimes accounted for more than half of all drug-related arrests in the United States in 2010.  That information comes from new statistics released by the Federal Bureau of Investigation.

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New Jersey Law Will Require Persons Arrested for Violent Crimes to Submit DNA Samples

Under a new law that has just been signed by Gov. Christie, persons who have been arrested for certain violent crimes in New Jersey will be required to submit DNA samples.  The law expands the DNA sample requirements to those who are suspected of violent crimes, and not just those who are convicted of violent crimes.

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Australian Man Arrested for Drunk Driving of Motorized Beer Cooler

It’s not every day that police officers come across a person driving a motorized beer cart under the influence of alcohol.  It is even rarer have such people charged for DUI.  That was exactly what happened in Australia in June, when a man was arrested after he was found operating a motorized beer cooler under the influence of alcohol.

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Tags: Criminal Law

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New Jersey Bill Would Allow Pretrial Intervention for Misdemeanors

Under New Jersey's current laws, persons who have been charged with felony and minor drug offenses can have the charges dropped through pretrial intervention.  However, a new bill would allow people charged in municipal courts also to have the same benefits.

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Credit Card Theft/Fraud in New Jersey

New Jersey’s laws cover several types of credit card-related offenses, including credit card theft and credit card fraud.

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Beware of DUI Risks from Energy Drinks

Energy drinks that combine alcohol and caffeine have proved to be very popular among underage drinkers.  However, consumption of these beverages has been linked to extreme levels of intoxication and serious injuries to college students and teenagers, who form the biggest market for these drinks.

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Supreme Court Rules Woman Who Mistakenly Left Child at Home Not Eligible for Child Abuse Registry

The New Jersey Supreme Court has ruled that a mother who left her 4-year-old son at home while she went out to dinner does not need to be included in a child abuse registry.

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Roughhousing Teenage Boys Will Have To Register As Sex Offenders

An appellate court panel has held that two 14-year-old boys, who admitted to a prank in 2008 in which they sat bare-bottomed on the faces of two other boys, have to register as sex offenders. 

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Tags: Criminal Law

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Companies Lobby for Bill Requiring Device Installation for all DUI Offenders

Manufacturers are working hard to ensure the passage of legislation that would translate into big profits for them – a federal bill that would withhold highway safety funding for states that fail to mandate ignition interlock devices in vehicles of DUI offenders.

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EEOC Working to Ban Criminal Background Checks on Restaurant Employees

The Equal Employment Opportunity Commission is considering whether to ban criminal background checks for restaurant employees because of concerns that these screenings are discriminatory. The Equal Employment Opportunity Commission has already conducted hearings on the matter.

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Tags: Criminal Law

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New Jersey Plans to Introduce Caylee’s Law to Allow Prosecution of Parents Who Fail to Report Missing Child

New Jersey is one of several states with proposed bills that would allow criminal charges to be filed against parents who fail to report that a child is missing. 

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Tags: Criminal Law

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Canada Considers Easing of Cross-Border Travel Restrictions on U.S. DUI Offenders

A DUI conviction in New Jersey can also mean severe restrictions on travel to Canada.  That country’s current cross-border travel rules place limitations on the entry of Americans with criminal convictions, including convictions for shoplifting, drug crimes and DUI on their record.

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Tags: Criminal LawImmigration

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Court Rules Proof of Uncounseled Prior DWI Conviction Necessary To Avoid Enhanced Sentencing

A New Jersey resident, who had been depending on an earlier Supreme Court decision that held that unrepresented counsel in an earlier DUI conviction could not be used to enhance the sentence for a subsequent offense, has had his appeal rejected.

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Marijuana Reform in Limbo as Governor Waits for DOJ Assurance that State Workers Will Not Be Criminally Charged

New Jersey Gov. Chris Christie wants to wait for the Department of Justice to confirm that state workers will not be criminally charged with violating federal drug laws before marijuana reform laws are implemented.  The Department of Justice released a memo on June 30, which said that licensed medical marijuana growers would likely be prosecuted for violating federal drug laws in those states that have medical marijuana laws.

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Supreme Court Rules DUI Lab Report Cannot Be Admitted As Evidence without Testimony

The Supreme Court has ruled that a written lab report cannot be submitted as evidence when the technician who prepared and signed the report is not present in the courtroom to testify.

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Thousands of Drug Offenders May Be Released after Vote to Allow Reduced Penalties for Crack Offenders Retroactively

The U.S. Sentencing Commission recently voted to allow reduced penalties for crack and cocaine offenders to be applied retroactively.  What that means for New Jersey criminal defense attorneys and people who are already in federal prisons for crack cocaine offenses is that thousands of these persons could be released. 

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More Lessons from Hollywood Celebrities: What Not to Do during a DUI Arrest

From Mel Gibson's racial rants targeted at a police officer during a DUI arrest, to Lindsay Lohan’s bizarre car chase while wearing an alcohol monitoring device, Hollywood isn't short of bad examples of how to behave during a DUI arrest. 

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Tags: Criminal Law

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Did Antony Weiner’s Sexting Constitute a Crime?

The sexting scandal involving ex-congressman Anthony Weiner has brought up several legal questions involving sex crimes.  Those questions grew louder after law enforcement officers in Delaware recently confirmed that they had been interviewing a teenage girl who had online communications with the congressman.

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Blowing Weakly into Breathalyzer Is Now a Crime in New Jersey

The New Jersey Supreme Court has ruled that blowing too weakly into a Breathalyzer can be grounds for a person to be convicted for refusal.

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Tags: Criminal Law

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Strauss-Kahn Sex Crime Lawyers Formally Request Discovery Materials

Criminal defense lawyers for ex-IMF chief Dominique Strauss-Kahn, who stands accused of sexual assault of a hotel housekeeper, will soon make a request for discovery materials from prosecutors in the case.  Strauss-Kahn currently faces seven charges, including those related to sexual abuse and criminal sexual acts.  He has been charged with the sexual assault of a housekeeper at the Sofitel Hotel in New York.

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Tags: Criminal Law

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Legislation to Allow Warrantless Searches of Companies Engaged in Music Piracy

A piece of legislation progressing through California's legislature has one feature that criminal defense attorneys in New Jersey and around the country would find disconcerting.  The bill would allow warrantless searches of replicator plants that are believed to produce pirated music discs.

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Tags: Criminal Law

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NJ Supreme Court DUI Ruling: Drivers Can Sue Bars for Serving Alcohol

The New Jersey Supreme Court has ruled that drivers in New Jersey who have been involved in DUI accidents can sue the drinking establishment where they were served alcohol.  In a split 5-2 ruling, the Supreme Court held that a man who sued the bar where he had drunk alcohol prior to being involved in an accident could file a lawsuit against the bar.

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Tags: Criminal Law

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Bath Salts Are Now a Banned Substance in New Jersey

Last month, the New Jersey Attorney General announced a ban on the manufacture and sale of bath salts.  These synthetic drugs have been linked to reports of health reactions across the country.

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Tags: Criminal Law

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Unsecured Wi-Fi Routers Could Expose You to Child Porn Charges

Three houses in New York were raided over the past few months after law enforcement officers traced thousands of pages of downloaded child porn to their homes.  After the raids, the law enforcement officers found that it was not the homeowner who had downloaded the porn, but persons who had gained unauthorized access to the homeowners’ unsecured Wi-Fi networks.  New Jersey criminal defense attorney believes this should be a warning to New Jersey residents about the importance of securing their Wi-Fi networks.

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Tags: AnnouncementsCriminal Law

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New Jersey Supreme Court Bans Police Officers from Destroying Crime Scene Notes

In an important decision, the New Jersey Supreme Court last week prohibited law enforcement officers from destroying the notes they take down at crime scenes, saying that New Jersey criminal defense attorneys should be able to review police notes.

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Tags: Administrative LawCriminal Law

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New Jersey Domestic Violence

New Jersey has strict laws against domestic violence, which makes it all the more important that you consult with a New Jersey criminal defense attorney when you have been charged with domestic violence.

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Tags: Criminal LawFamily Law

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Disorderly Persons Offenses in New Jersey

New Jersey laws categorize criminal offenses as indictable crimes and disorderly persons offenses.  In other states, indictable crimes are known as felonies, while disorderly persons offenses are known as misdemeanors.  Indictable crimes can include murder, assault and sex crimes, while disorderly persons charges are typically filed in the case of low-level criminal offenses.

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Tags: Criminal Law

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Have a DUI-Free Prom This Year

Prom is rite of passage for New Jersey teens, and unfortunately for some of them, it also ends with DUI charges, and maybe even a DUI conviction.  Across New Jersey, as high schoolers prepare for prom night, it is very important for these students to understand that a DUI conviction can have potentially serious results.

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Tags: Criminal LawJuvenile Law

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‘Sextortion’ Crimes on the Rise

New Jersey recently passed a law under which teenagers convicted of sexting would have to participate in education programs that make them aware about the dangers of such practices.  However, even as the state upgrades its laws to deal with sexting teenagers, New Jersey criminal defense lawyers are finding a rising wave of crimes involving blackmail using explicit photographs transmitted via cell phones and other devices.

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Tags: Criminal Law

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BlackBerry Expels DUI Checkpoint Apps After Lawmakers’ Demand

Last week, a group of four U.S. senators  -- including New Jersey's Frank Lautenberg --wrote a letter to Google, Apple and RIM, asking them to remove DUI checkpoint apps that allow users to identify the locations of DUI checkpoints.

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Tags: Criminal Law

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New Jersey Supreme Court Establishes Guidelines for Video Testimony

Video-recorded testimony is being used increasingly in New Jersey courtrooms, and this has meant the need for rules to regulate their use.  The New Jersey Supreme Court recently laid out the first set of guidelines for video recorded testimony

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Tags: Criminal Law

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Ignition Interlock Devices Reduce DUIs, Study Says

A new study suggests that ignition interlock devices, which aim to prevent drivers from starting their cars if their intoxication levels are over the legal limit, reduce drunk driving.

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Tags: Criminal Law

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Jury Should Have Been Given “Deific Command” Instruction, NJ Appellate Division Holds

A man convicted of murdering his pregnant girlfriend has the right to a new trial, an appeals court has ruled, because the trial judge failed to give complete jury instructions related to the man’s insanity defense.

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Tags: AnnouncementsAppealsCriminal Law

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Penalties Have Had No Effect On DUI Arrests In New Jersey

This should come as no surprise to any New Jersey criminal defense lawyer: A new report indicates that New Jersey’s tough DUI penalties, including arrests and license suspensions, have had little effect on the number of people arrested for DUI in the state.

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New Jersey Supreme Court Rules Slapping, Taking Wages Does Not Constitute Child Abuse

The New Jersey Supreme Court has just ruled that a stepmother, who slaps her teenage daughter and takes part of her wages to pay household bills, has not necessarily engaged in child abuse.

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Tags: Criminal LawFamily LawJuvenile Law

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NJ Supreme Court Rules Against Right To Sue For Defamation After Expunged Conviction Made Public

It is a case that New Jersey criminal defense lawyers have watched closely because it attempts to answer an important question: Once a criminal record is expunged, how far should the law go to promote keeping the record “hidden,” given individuals’ right to free speech.

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Tags: Criminal Law

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New Jersey Criminal Defense Attorneys Support Education Programs For Sexting Offenses

As New Jersey criminal defense lawyers, we’ve noticed an overwhelming majority of teenagers don't understand that when they send or view sexually explicit images of themselves or others on their mobile devices, they could be charged under New Jersey’s child pornography laws.

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Cars With DUI Prevention Technology Could Soon Be In New Jersey

In the future, New Jersey criminal defense lawyers could look forward to automobiles that automatically detect the driver's blood alcohol level through breath and touch sensors, preventing people from driving if their levels are at or above the .08 limit.

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Tags: AnnouncementsCriminal Law

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Top Five Most Common Mistakes That People Make After Being Arrested

Being arrested can be a terrifying experience, and it’s no wonder that people panic in a situation like this. However, the minutes and hours after an arrest can be crucial to your defense. These are some mistakes people make that can jeopardize their case and diminish their chances of a successful defense:

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Tags: Criminal Law

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What to Look for in a New Jersey Criminal Defense Lawyer

No matter what sort of crimes you have been charged with, criminal charges are a serious matter. Even a minor disorderly persons charge (also known as a misdemeanor), like failure to pay speeding tickets, can result in license suspensions, fines and community service. A seemingly minor criminal conviction on your record can last a lifetime, interfering with your employment prospects and minimizing educational opportunities.

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What To Do After You Are Arrested

When you have been placed under arrest, one of the first things you should do is consult with an NJ Criminal Defense Attorney. However, you can also take other steps to ensure that your rights are protected.

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Tags: AnnouncementsCriminal Law

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How a NJ Criminal Defense Lawyer Can Help Persons Charged with White-Collar Crimes

The term “white-collar crime” includes a number of non-violent crimes that are typically motivated by financial gain or profit. These are corporate crimes and, very often, involve all kinds of fraud. Some examples of white-collar crimes include:

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New Jersey Criminal Defense Attorney

An experienced New Jersey criminal defense attorney can help persons charged with a variety of crimes, ranging from municipal matters and disorderly persons offenses (also known as misdemeanors) to crimes (also know as felonies) and federal crimes.

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Tags: Criminal LawJuvenile Law

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How Can a New Jersey Criminal Lawyer Help You?

New Jersey Criminal Lawyer

You need a New Jersey criminal lawyer not just when you are under arrest, but also when you are under investigation, being questioned or being put through any kind of criminal process.

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New Jersey Appeals Court Reinstates Child Porn Charges Involving Images on File Sharing Network

A New Jersey appeals court has ruled that leaving child pornography images on a file-sharing network constitutes distribution of pornography, even if the person did not actively distribute the images on the Internet.

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Tags: Criminal Law

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New Jersey Motorists Can Expect More DUI Checkpoints This Holiday

New Jersey drivers can expect frequent sobriety checkpoints and saturation patrols, and more numbers of law enforcement officers patrolling the roads this holiday season.

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Tags: Criminal Law

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New Jersey Appellate Court Rules in Double Jeopardy Case

A New Jersey appellate court has ruled that having to plead guilty to two offenses based on the same evidence does constitute a violation of a defendant’s double jeopardy protections.

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Tags: Criminal Law

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New Jersey Appeals Court Upholds Dismissal of Unreasonable Search Lawsuit

A New Jersey appeals court has upheld a ruling that dismissed a lawsuit filed by a Warren Township man, who alleged that police unlawfully broke and entered into his house and conducted a search.

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Tags: AnnouncementsCriminal Law

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More Success Stories from New Jersey Drug Courts

As New Jersey criminal defense attorneys, we have consistently supported and promoted drug courts as an alternative option to prison for certain kinds of drug offenders.  A new study by the New Jersey Judiciary confirms that the use of the drug court system has changed many lives, giving offenders the chance to turn their lives around.

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Tags: AnnouncementsCriminal Law

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Ethics Complaint against Former New Jersey Judge

A New Jersey judge is the subject of an ethics complaint filed by the New Jersey Advisory Committee on Judicial Conduct.  The complaint relates to an incident in which the judge engaged in a non-permissible conversation with a prosecutor during a DUI trial.

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Tags: AnnouncementsCriminal Law

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Changes to Megan’s Law up for Approval in 2011

Two proposed bills that are expected to come up early next year for approval could significantly change the process by which sex offenders are released back into the community.  Both of these Megan’s Law-related bills have to do with a process called tiering, or determining the offender’s risk of re-offense. 

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Tags: Criminal Law

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First Megan’s Law Offenders Being Freed from Monitoring

Sixteen years after the passing of Megan’s Law, which required convicted sex offenders to register their whereabouts with the police, the first batch of offenders who are eligible to have their name off the registry are being freed from monitoring.

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Tags: Criminal Law

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New Jersey Senator Calls for Use of Drug Court Jail Option Instead of Revocation

A provision in New Jersey's drug court laws allows violators to be incarcerated for a short period of time, instead of having their special probation permanently revoked.  However, this provision is not being used as often as it could.  Now, New Jersey Senator Raymond J. Lesniak is calling on drug court judges to exercise this little used option to give these offenders a chance to rehabilitate themselves.

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Tags: Criminal Law

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DWI Charges in New Jersey Can Carry Serious Consequences

DWI or Driving While Intoxicated is a serious offense in New Jersey.  There is a range of fines and suspensions that will apply, and you may even receive a permanent record of conviction.  In some cases, there may be mandatory jail time, while in other cases, a court may require that an ignition interlock device be installed in your vehicle.  From license suspensions and community service to jail time, New Jersey courts have a number of ways to punish DWI offenders.  As is clear from this, a DWI charge in New Jersey can carry major consequences.

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Tags: AnnouncementsCriminal Law

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Thousands Expected to Surrender During New Jersey Fugitive Safe Surrender Program

For the third time in a row, fugitives in New Jersey will have the opportunity to surrender themselves, with a chance to possibly clear their warrants and start afresh.  The safe surrender program will be held next month in the Somerset section of Franklin Township.  Between November 3 and November 6, people in New Jersey with outstanding warrants, for everything from motor vehicle fines to delayed child custody payments, will be able to surrender at the First Baptist Church of Lincoln Gardens. 

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Tags: AnnouncementsCriminal Law

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Students Involved in Rutger University Suicide Could Face Hate Crime Charges

Prosecutors are considering adding hate crime charges to charges of invasion of privacy that have already been filed against Dharun Ravi and Molly Wei, the two Rutger University students linked to a gay teenager’s suicide last month. 

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Tags: Criminal Law

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How the Over Criminalization of America Is Shattering Lives

Last week, a congressional hearing probed a subject that New Jersey criminal defense lawyers are concerned about - the over criminalization of our country.  The hearing was sponsored by the Judiciary Subcommittee on Crime, Terrorism and Homeland Security, and participants included Jim Levine, the president of the National Association of Criminal Defense Lawyers, representatives of the Heritage Foundation, and the former head of the Enron Task Force, among others.  The most poignant testimony came from persons who have had their lives shattered by a criminal justice system that often seems to ruin innocent lives.

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Tags: Criminal Law

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Lawmakers Pushing for Statewide Standards on Where New Jersey Sex Offenders Can Live

New Jersey lawmakers are promoting a piece of legislation that would set strict standards on where sex offenders can live in the state.  Currently, there are no standards that apply to all municipalities.  In recent months, local towns have attempted to impose their own standards for setting boundaries for sex offenders, but these local attempts have been struck down by courts.

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Tags: AnnouncementsCriminal Law

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New Jersey Prosecutors Use Google Earth Photos as Evidence in Burglary Case

A New Jersey appeals court this week held that there was nothing wrong with prosecutors using satellite photos via Google Earth to show the proximity of an accused to the crime scene.  The ruling which involves State in the Interest of JB, a Minor could lay the foundation for more widespread use of images sourced from Google Earth in criminal trials.

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Tags: AnnouncementsCriminal Law

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New Jersey Bill Would Mandate DWI Testing after Fatal Accidents

A new bill that would require testing for DWI, including a breathalyzer test or a blood-alcohol test, after every fatal or deadly accident, has New Jersey DWI defense lawyers very concerned. 

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Tags: Criminal LawMunicipal Court

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NJ Supreme Court Rules Officer’s Sex Crime Conviction Does Not Bar Him from Holding Public Office

A New Jersey Supreme Court ruling this week could significantly affect not just law enforcement officers in the state, but also all public employees.  The court this week ruled that a police officer who had been convicted of a sex crime - in this case, groping a woman- could return to police work.

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Tags: AnnouncementsAppealsCriminal Law

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Lowered Crime, Re-entry Programs Credited for Decline in New Jersey Prisoner Population

As New Jersey criminal defense lawyers, we have always believed that reducing prison populations is not about dumping out extra inmates like so much garbage ,as so many states are doing at present.  Instead, a combination of efforts aimed at reducing recidivism and offering prisoners viable alternatives to jail, can help reduce crime rates and at the same time, keep prison populations down.

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Tags: AnnouncementsCriminal Law

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New Jersey Court Rules Smell of Marijuana Not Sufficient to Conduct Warrantless Search Without exigent circumstances.

A New Jersey appeals court has ruled that the mere smell of marijuana in a tractor-trailer did not give a trooper the authority to conduct a warrantless search.

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Tags: Criminal Law

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"Ban the Box" Movement Gathers Steam

More states are working to enact legislation that would prevent discrimination against ex-prisoners. Last month, Connecticut enacted its own version of the “ban the box” legislation. The law includes provisions that would prevent job applicants from having to check or uncheck a box on the application, asking if they have ever been convicted of a crime. Connecticut's new law will ban state government employers from probing an applicant’s criminal background, until he has been deemed qualified for the job.

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Tags: Criminal Law

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Study Shows Looks Definitely Matter in a Courtroom

It seems Lady Justice is quite the connoisseur of beauty, underneath that blindfold. A new study confirms what New Jersey criminal defense attorneys have known for long - juries tend to be swayed by good looks.

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Tags: Criminal Law

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More States Make Cyber Bullying a Crime

In 2007, New Jersey added “electronic communication” to its existing anti-bullying laws for schools. New Jersey's laws require school districts to establish strong anti-bullying procedures, and encourage reporting of such incidences. However, a new law that has been passed in Louisiana, goes much further than that.

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Tags: Criminal LawJuvenile Law

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New Jersey Man Pleads Guilty to Assault by Vomit

It's probably not the kind of assault case that New Jersey criminal defense lawyers come across every day. A New Jersey man this week pleaded guilty to charges of vomiting on spectators at the Philadelphia Phillies game in April.

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Tags: Criminal Law

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More States Move to Clearly Define Sexting Laws

It's good to see more states in the country moving quickly to clearly define laws that govern sexting by teenagers.

The need for such laws became clear last year when an overenthusiastic District Atty. in Pennsylvania threatened a group of high school girls who had sent nude images of themselves on their cell phones to male schoolmates, with criminal action. That case received wide national and international attention, and clearly stressed the need for strong laws that would prevent minors who engage in sexting, from being branded as criminals.

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Tags: Criminal LawJuvenile Law

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