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Criminal Defense

Recent Posts in Criminal Defense Category

  • Explaining the Difference Between Parole and Probation

    People who don’t know the laws in detail often know of similarities, but can on occasion get things confused. For example, many people erroneously use the terms “murder” and “homicide” interchangeably, but the two have an important difference between them. The same goes for “probation” and “parole.” Both of these legal terms start with the letter “P” and both refer to ways someone who is convicted ...
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  • The Basics of Search & Seizure Laws

    The founding fathers of our country were adamant believers in individual freedom, and went to great lengths to preserve it. They firmly believed that freedom meant not having to worry about the government or authorities intervening in your life without a legitimate and necessary reason, and for that reason they framed the Constitution in such a way that it severely limited the size and scope of ...
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  • A Brief Primer on New Jersey's Bribery Laws

    Bribery is a powerful tool in circles of power, and that means it’s a fairly common type of white collar crime. According to New Jersey law, bribery includes soliciting, accepting, or agreeing to accept any sort of personal benefit in exchange for violating or agreeing to violate any duty of fidelity you might have. As we’ll see on this blog, that can be pretty widely-inclusive. Here is a brief ...
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  • Get a Drone this Holiday Season? Know the Laws Before Taking to the Skies!

    Drones were a popular holiday gift this past year, and if you were one of the many people who received one, you probably couldn’t wait to plug in the battery and take to the skies to see the world from a whole new perspective. However, very few people take the time to read up on what the laws have to say about flying these aircraft, and as a result some might find themselves in trouble with the ...
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  • What is "Probable Cause?"

    Law enforcement can’t arrest you and charge you with driving under the influence on nothing more than a whim or a gut feeling. In fact, the Fourth Amendment of the Constitution forbids this practice. So in order to actually make an arrest and legally charge someone with a crime like DUI, they must first establish what is known as “probable cause.” Let’s take a closer look at this concept and how ...
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  • Do Police Have to Have a Warrant to Make an Arrest?

    When it comes to criminal defense , exploring all the facts and circumstances surrounding an arrest is critical. This is because law enforcement officers are obligated to abide by the law and obey certain rules and procedures so as not to violate an individual’s rights. Should it be discovered they failed in this obligation, it can be a significant factor in one’s defense – a factor that may ...
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  • New Jersey Hazing Law

    Hazing is a type of initiation ceremony practiced in the United States. It usually involves the practice of rituals, challenges, and other activities involving abuse, humiliation, or harassment. College fraternities have acquired a poor reputation for their hazing practices, some of which have led to the physical harm or even deaths of some initiates. Since 1970, there has been at least one ...
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  • The Difference Between a Bench Warrant and an Arrest Warrant

    There are many different types of warrant a judge could issue in the state of New Jersey. However, only two of them have similar conclusions—both will lead to the arrest of an individual. Despite the same results, there is a significant difference between the two. An arrest warrant is an order issued after a grand jury or law enforcement officials have enough probable cause to suspect you have ...
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  • Understanding the Importance of New Jersey’s Rules of Evidence

    Rules of evidence concern what can and can’t be admitted into the record of a legal proceeding as evidence in both civil and criminal proceedings. Evidence also covers the burden of proof, admissibility, relevance, weight, and sufficiency of what should be admitted to the prosecution’s case against you. The Federal Rules of Evidence govern the admissibility of evidence in federal trials, but each ...
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  • Technology & Criminal Convictions

    Technology has become a staple of the modern world. In the United States, you can’t throw a stone without hitting someone speaking on a smartphone. Most people have computers at home, or access to public computers at the library. People even carry around technology on their bodies, such as wireless headphones or smart watches. Most of this technology also developed over the past 20 to 30 years, ...
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  • Can a NJ Defendant Claim Insanity for a DWI?

    A driving while intoxicated (DWI) charge can lead to some severe penalties in the state of New Jersey. As such, many defendants and defense attorneys have pursued a variety of defenses when facing a DWI criminal charge. One of the potential defenses for any crime is the insanity defense, or whether or not a defendant was incapable of understanding the wrongful nature of their conduct at the time ...
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  • New Jersey Bail Reform in 2017

    Taking effect in January 2017, major changes are happening to New Jersey’s bail system. New Jersey voters approved a 2014 amendment which eradicated the state constitutional right to bail that allows defendants to be released from jail on bail unless they didn’t have the money. Instead of a judge setting a monetary bail, courts will rate defendants based on security risks. The following is a ...
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  • What Happens When You're Added to the NJ Sex Offender Registry

    Sex crime convictions in New Jersey can be severe, including lengthy jail sentences and steep fines with the possibility of additional restitutions paid to the alleged victim. Arguably the most damaging of penalties, however, is the mandatory registration to the New Jersey sex offender list . Even people convicted of low-level, nonviolent sex crimes, such as public lewdness , will need to ...
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  • Misdemeanors Vs. Felonies - Severities of Criminal Violations

    If you are placed in handcuffs, put in a jail cell, and book for a criminal violation, you have allegedly committed either a misdemeanor or a felony . You should actually be told which one pertains to your arrest but that is probably all the information you are going to get upfront. It begs the questions, “How are misdemeanors different from felonies? And should I be concerned about it?” ...
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  • How Can Probation Be Violated?

    Being granted probation instead of jail time following a criminal conviction can feel like a weight is lifted off your shoulders. Instead of going behind bars for a year or so, you get to stay in your home and neighborhood, living as you normally would – with a few stipulations. The average probation will come with a few or all of these common condition requirements: Regular meetings with an ...
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  • Erase Your NJ Criminal Record Through Expungement

    Arrests and criminal convictions rarely only affect a person’s life while their criminal case is open or while they are serving their sentence. Depending on the severity of the offense, a past arrest or criminal charge can negatively impact a person’s life for years to come, hindering their employment prospects and preventing them from re-assimilating into society. Fortunately, certain individuals ...
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  • A Guide to DWI License Suspensions in New Jersey

    Arguably one of the most devastating consequences of an arrest for driving under the influence (DUI) or driving while intoxicated (DWI) is the resulting driver’s license suspension. As if the threat of criminal consequences and expensive fines were not reason to worry enough, losing one’s driving privileges can be devastating to a person’s mobility and hinder their ability to travel to places such ...
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  • State vs. Federal Crimes

    In the United States, the federal government, as well as each individual state, has laws which classify and regulate criminal conduct. Generally, state crimes violate laws that are specific to that state, such as traffic violations, and federal crimes violate the federal legal code, such as producing counterfeit money. However, there are many areas of the law which can overlap and whether a crime ...
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  • Sleep deprivation linked to false confessions

    Tactics that are commonly used by law enforcement agencies in New Jersey and around the country have once again been linked with false confessions. Civil rights advocates have widely criticized the use of the psychologically aggressive Reid Technique against emotionally vulnerable individuals, and those protests may soon be growing louder. Researchers at Michigan State University have found a ...
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  • FBI collecting more data on animal cruelty

    People in New Jersey can be charged for animal cruelty crimes if they grossly neglect, torture or abuse animals. The Federal Bureau of Investigation started collecting detailed information about animal cruelty in its National Incident-Based Reporting System on Jan. 1. Now, acts of animal cruelty will be counted individually rather than lumped into the 'All Other Offenses" category. A spokesperson ...
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  • Record number of prisoners exonerated in 2015

    New Jersey residents have likely read news reports about individuals being released from prison after spending decades behind bars for crimes that they did not commit. Researchers from the University of Michigan's National Registry of Exonerations keep track of the number of innocent people who are freed from incarceration in the United States each year, and they released their annual report on ...
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  • Lie detector tests for monitoring New Jersey sex offenders

    While the use of lie detectors to monitor the activities of sex offenders might seem appropriate to some individuals, five sex offenders in New Jersey challenged the practice based on alleged civil rights violations that could occur because of the monitoring. The state is responsible for the oversight of nearly 7,500 sex offenders, and polygraph tests can legally be used to evaluate these ...
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  • 4 indicted on multiple weapons charges in New Jersey

    Police say that four people who are believed to be part of the Hells Angels have been indicted on a variety of charges. The charges stem from an incident that took place in August 2015 at a restaurant on Route 22 in Clinton Township. At that time, authorities say that law enforcement officials saw several people loading knives, machetes and other weapons into the trunk of a Chevy Malibu. In ...
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  • The psychology behind false confessions

    New Jersey watchers of the Netflix documentary series "Making a Murderer" likely know that questions have been raised about the reliability of confessions made by suspects after hours of grueling interrogation by police officers. The innocent confessing to crimes they did not commit seems unimaginable to most people who have not spent several terrified hours in a police interview room, and this ...
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  • Intoxication as a defense to criminal charges

    In some criminal proceedings in New Jersey, intoxication may be used as a defense. This is not true in all cases, however. The availability of intoxication as a defense will depend on whether the intoxicated state resulted involuntarily or voluntarily as well as the type of offense with which the person is charged. A person who was involuntarily intoxicated at the time the alleged crime was ...
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