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Category Archives: Criminal Defense

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New Jersey Affirms Prosecutors’ Rights to Subpoena Certain Phone Calls Made by Inmates

By Phillip J. Murphy |

On April 1, the New Jersey Supreme Court affirmed the right of prosecutors to subpoena telephone conversations made by defendants held in New Jersey county facilities that have a policy of recording these calls as long as they do not include communications between inmates and their legal counsel or Internal Affairs. In the facilities… Read More »

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Prosecuting Coronavirus Exposure

By Phillip J. Murphy |

As fears over the coronavirus outbreak escalate, so too do the criminal charges associated with potential exposure: While police in New Jersey have started arresting people and charging them with disorderly conduct or maintaining a public nuisance for holding gatherings in their homes, other, more serious actions are being treated quite severely. For example,… Read More »

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Body Camera Once Again Captures Same New York Police Officer Planting Drugs in Car

By Phillip J. Murphy |

The issue of New York police officers falsely claiming to smell marijuana during a routine traffic stop and using this as probable cause to conduct a search without a warrant is a serious issue in New York that some judges are finally starting to call them out on, but what about officers planting marijuana… Read More »

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Prospects Of New York Legalizing Recreational Marijuana Decrease Due to Coronavirus

By Phillip J. Murphy |

According to the latest reports, the prospects for New York legalizing marijuana this year are dim now due to the presence of the all-encompassing coronavirus, as legislators have indicated that their priorities are on containing the virus and, as a result, cannabis reform may very well need to take a backseat. However, if marijuana… Read More »

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Where Confusion Over Activities That Are No Longer Considered to Be Illegal Leads to Civil Rights Violations by Employers & Others

By Phillip J. Murphy |

In March, the New Jersey Supreme Court affirmed an Appellate Division’s decision allowing a Bergen County medical marijuana patient to bring a disability discrimination employment claim under the New Jersey Law Against Discrimination (NJLAD). The patient suffered from cancer and had a legal license to use marijuana for medicinal purposes. He was required to… Read More »

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NYPD Under Investigation for Violent Arrest of Black Man Smoking Marijuana Joint After Decriminalization

By Phillip J. Murphy |

One Wednesday evening in March was a very difficult one for a New York citizen who was what many consider to be the victim of police misconduct for smoking a joint of marijuana (even though possessing less than two ounces of marijuana has been decriminalized In the state of New York). Specifically, a viral… Read More »

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U.S. Supreme Court to Consider Important Fourth Amendment Case Involving Whether Shooting a Suspect Is A “Seizure”

By Phillip J. Murphy |

The US Supreme Court is currently considering an important Fourth Amendment issue for the first time in the Torres v. Madrid case: Whether shooting a fleeing suspect counts as seizure, triggering Fourth Amendment requirements, if the suspect still manages to get away. Previously, the Court decided that once police physically touched a suspect, it… Read More »

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New Jersey Appellate Division Ruling Finding That Driver Can Be Charged with DWI Even Though He Was Not Driving Is of Serious Concern for Defense

By Phillip J. Murphy |

A recent New Jersey Appellate Division ruling regarding charging a driver with drunk driving if they are parked, asleep, with the engine running, but show no intent of driving away has a number of defense attorneys and advocates concerned, as it changes long-standing precedent and contradicts the prevailing state Supreme Court ruling concerning what… Read More »

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Although “Legal” At The State Level, Medical Marijuana Still Faces Some Legal Troubles

By Phillip J. Murphy |

While state after state, including New York, moves to decriminalize marijuana, the substance unfortunately remains a Schedule I drug under federal law. While this remains an obvious issue for recreational use, it has been less of an issue when it comes to medical marijuana due to a provision passed by Congress called the Rohrabacher-Farr… Read More »

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How Online Searches & Texting Has Landed Some Seeking Abortions in Jail

By Phillip J. Murphy |

An important article was recently published by Fast Company highlighting how the internet has both helped women obtain access to medical abortion, while also criminalizing and punishing them for the practice at the same time; largely due to how quickly some states are diverging from Roe v. Wade in their criminal abortion laws. While… Read More »

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Phillip J. Murphy,
Attorney At Law
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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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