Category Archives: Criminal Defense
The New Jersey Pretrial Intervention Program: A Once-in-a-Lifetime Opportunity, but Not a “Get Out of Jail Free” Card
As you ride to the county jail after getting arrested, you probably wish that the preceding minutes or hours had never happened. You wish that there could be a way to turn back time. In fact, the New Jersey Pretrial Intervention (PTI) program is the closest thing there is to erasing your criminal case… Read More »
What’s Next for New Jersey Marijuana Laws If the Recreational Cannabis Referendum Passes?
It is an understatement to say that a lot is at stake in this year’s presidential election, and in New Jersey, voters will have a chance with a big decision about one of the most fragrant, and most polarizing, plants in the Garden State. On Election Day, New Jersey voters will have a chance… Read More »
ICE Agents Fraudulently Identifying Themselves as NYPD to Evade Warrant Requirements
Recent reports indicate that certain officers with Immigration and Customs Enforcement (ICE) have been fraudulently identifying themselves as New York Police Department (NYPD) officers or members of “narcotics squads,” and even actively lying to people, misinforming them that they are not ICE agents, in an attempt to get people to voluntarily let them into… Read More »
Appeals Court Suspends New Jersey’s First “Pilot” Criminal Trial Due to Potential for Juror Bias
In early October, oral arguments would have begun in New Jersey’s first socially-distanced (criminal) trial after Bergen County Judge Robert M. Vinci dismissed a motion to delay the trial in September due to concerns over the jury selection process and the various constitutional and civil rights issues associated with it. However, an appeals court… Read More »
Justice Department Brings Wave of New Fraud Charges In New York & Elsewhere in Connection with Small Business Loan Program
We previously warned that the US government was on the warpath in bringing fraud charges connected to the small business administration‘s Paycheck Protection Program, especially as we get closer to the election and the administration may be concerned about the appearance of being taken advantage of in connection with a program started to provide… Read More »
Can I Be Arrested for Spanking My Child?
Unfortunately, messy divorces between parents can sometimes involve accusations of child abuse that stem from spanking or other corporal punishment. While the US Supreme Court has upheld a parent’s fundamental right to raise their child as they see fit, which includes reasonable acts of corporal punishment, still, this can be an extremely confusing topic… Read More »
New Jersey Supreme Court Rules That Defendants Must Provide Cell Phone Passcodes to Investigators Under Some Circumstances
In August, the New Jersey Supreme Court made an important decision in a criminal case that will have far-reaching implications for criminal investigations throughout the state. Specifically, the Court ruled that criminal defendants can be compelled to reveal their cell phone passcodes to investigators who have obtained search warrants, and this does not violate… Read More »
US Supreme Court to Address Important Free Speech Case That Resulted in Arrest of Student
Our First Amendment free speech rights are a crucial part of our constitutional rights, and provide us with the ability to express our opinions without censorship or restriction. Still, each year, many are arrested for crimes such as disorderly conduct or unlawful assembly, or even more serious crimes, such as assault or battery, in… Read More »
The First Step Act Has Failed to Provide the Universal Justice It Promised
The First Step Act—signed into law on December 21, 2018—provided significant hope for much needed criminal justice reform in the US. While the law was ambitious and made a number of important changes, including to mandatory minimum sentencing for a number of drug crimes, perhaps most importantly, it retroactively applied the 2010 Fair Sentencing… Read More »
Physical & Constitutional Threats Continue While Defendants Sit In New York Jails
The conditions at local New York detention facilities are nothing short of horrific, and there is no shortage of questionable civil rights issues and physical threats involved in the approaches that the jails and courts have taken at this time. It has come to be known as the COVID-19 dilemma in the criminal justice… Read More »