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Monthly Archives: December 2019

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New Jersey Could Be the Next State to Eliminate the Use of ‘Gay or Trans Panic’ Defense

By Phillip J. Murphy |

Following proposed federal legislation and other states that have enacted bans, in November, New Jersey lawmakers introduced legislation banning the use of gay or trans panic defense in criminal cases. The bill proposes to prohibit the use of the defense in cases that involve murder/homicide charges; specifically, the act of reducing murder charges to… Read More »

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The US Supreme Court Takes Up Case That Could Lead to Criminalizing All Immigrant Advice & Advocacy

By Phillip J. Murphy |

The US Supreme Court has agreed to hear one case that could significantly affect the ability of attorneys to represent immigrants. The case – United States v. Sineneng-Smith – involves a relatively unknown provision in immigration law that forbids “encouraging or inducing an alien to reside in the United States” when that individual knows… Read More »

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New York Criminal Defense Attorneys Move On from Criminal Justice Reforms to Marijuana Legalization & Preventing ICE from Arresting Anyone Entering or Leaving Courthouses

By Phillip J. Murphy |

In December, a number of criminal defense attorneys called on the New York legislature to approve another set of reforms, including the legalization of marijuana, expunging affected criminal records, and preventing immigrant arrests at state courthouses. These same advocates were linked to successful criminal justice reforms that previously passed in New York, including eliminating… Read More »

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Being Charged with A Military Crime

By Phillip J. Murphy |

Being charged with a military crime is no different than any other crime in that you still maintain certain civil rights as a U.S. citizen, and that also means remaining innocent until proven guilty. And, like all other criminal charges and cases brought against criminal defendants, how well you know your rights and thus… Read More »

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New Jersey Now Prosecutes Texting While Driving as Drunk Driving, Sending Woman to Jail for Up to 10 Years

By Phillip J. Murphy |

In sentencing a New Jersey driver to five to 10 years in prison for causing a fatal accident while texting on the phone, prosecutors in the state have sent a warning to all New Jersey drivers tempted by their mobile phones. Specifically, jurors found a woman guilty of second-degree vehicular homicide. In 2016, she… Read More »

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US Supreme Court to Review New York Previous Gun Crime Laws

By Phillip J. Murphy |

New York’s weapons laws are on trial at the U.S. Supreme Court this month, which, on December 2, heard arguments over its previous rules barring anyone from being able to bring a gun to a shooting range or second home outside of the city. While the city already amended these rules and asked that… Read More »

New York City’s Controversial Collection of Genetic Data & NYPD’s Use of The DNA Database

By Phillip J. Murphy |

The New York Police Department (NYPD)’s reliance on the city’s DNA database has long been controversial: In just the last two years, the database has grown by close to 30 percent to include more than 80,000 people. It has also been criticized by a number of civil rights advocate activists, elected officials, and criminal… Read More »

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The Inability for Law Enforcement to Distinguish Hemp from Marijuana Leads to False Arrests

By Phillip J. Murphy |

Police officers around the country have routinely been mistakenly cracking down on what they believe are marijuana busts, but what actually turn out to be sources of legal hemp. Law enforcement arguably found itself unprepared for the legalization of hemp, as even traditional tools – such as drug-sniffing dogs and tests that still only… Read More »

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Phillip J. Murphy, Attorney At Law is located in New City, New York and serves clients in and around New York, New Jersey & Connecticut. Contact our experienced criminal defense law firm.
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