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Monthly Archives: November 2017

CrimLaw8

Probation Can Be A “Land Mine”

By Phillip J. Murphy |

 An Op-Ed written by Jay-Z and published by the New York Times highlights some of the problems associated with how our criminal justice system handles and punishes parole violations. The opinion follows Meek Mill, who was just recently sentenced to two to four years in prison for violating his probation. If you look closer,… Read More »

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Judge Cracks Down: New York Police Eavesdropping On Criminal Suspects Without A Warrant

By Phillip J. Murphy |

In an important decision protecting Fourth Amendment protections against unreasonable searches, during the week of November 15th, New York Justice Martin P. Murphy (New York State Supreme Court) made a groundbreaking decision announcing that police officers first need to obtain an eavesdropping warrant to track the cellphones of criminal suspects. This officially raises the… Read More »

Marijuana

Decriminalization Of Marijuana In New Jersey Starting In April 2018?

By Phillip J. Murphy |

Many citizens in New Jersey are excited about the recent election results, especially insofar as how they might impact certain drug offenses and charges in the state.  We’ve discussed the possibility that New Jersey might legalize the recreational use of marijuana before, but since New Jersey Governor-elect Phil Murphy just specifically indicated that he… Read More »

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New York Judge Issues Rule Forcing Prosecutors To Release Evidence Favorable To Defendants

By Phillip J. Murphy |

In a huge victory for criminal defendants charged in New York, on November 6th, New York state’s top judge (Judge Janet DeFiore) issued a new rule requiring judges to forcefully order prosecutors to disclose all evidence that is favorable to the defendant at least 30 days before trial. This step will help to reform… Read More »

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New Jersey Takes Step Closer To Criminal Justice In Earning “A” Grade For Bail Reform

By Phillip J. Murphy |

A recent report card released by a national nonprofit that advocates for bail reform indicates that New Jersey’s new bail reform program is working in making progress towards criminal justice. Specifically, New Jersey earned the only “A” grade in the report based on changes that went into effect on January 1; changes which include… Read More »

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New Jersey Grapples With Marijuana And Tobacco Laws

By Phillip J. Murphy |

In November, two notable decisions concerning marijuana and tobacco occurred in the state of New Jersey, which will affect the criminal repercussions related to these substances: State Must Reconsider Classification of Marijuana On November 1, a New Jersey appeals court ruled that the state must reconsider its legal classification for marijuana, which is currently… Read More »

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Pipeline Protesters Rely On Necessity Defense

By Phillip J. Murphy |

Some of the pipeline protesters who were charged with various crimes while protesting the Dakota Access oil pipeline are relying on what’s known as the “necessity defense,” arguing that they had no choice but to commit the crimes they are being accused of in order to prevent a greater harm. In this case, the… Read More »

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Lawsuit Challenges Holding Juveniles In Adult Facilities

By Phillip J. Murphy |

A federal lawsuit has been filed on behalf of four juveniles who are being charged as adults, with the defendants arguing that housing juveniles in adult detention violates their constitutional rights, including their right to equal protection under the law. The lawsuit is unique in that the county recently requested a report regarding the… Read More »

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