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Criminal Defense

Recent Posts in Criminal Defense Category

  • The Difference Between Assault & Battery in New Jersey

    If you’ve watched nearly any crime drama on television or seen a crime drama movie, you’ve probably heard the term “assault and battery” thrown around. In fact, it’s so common that many people mistakenly believe that these two terms are one name to refer to the same crime. In some states across the country, this is true—assault and battery can be used interchangeably because they refer to the same ...
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  • Florida Judge Rules Bitcoin Isn't Money in Landmark Case

    If you’ve been paying any attention to the news for the last several months, you’ve probably heard quite a bit of noise about this thing called “bitcoin.” Bitcoin is one of thousands of different types of cryptocurrency, a type of money that has no physical form and is used expressly in electronic financial transactions. It’s easy to see the appeal of bitcoin: it’s not connected to any single ...
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  • What is "Doxxing" & Is It Illegal?

    The internet has changed the way we interact with each other. However, this newfound ability has also come with some consequences: while we’re now more connected than ever, we’re possibly more at risk than ever before as well. In fact, privacy and protecting sensitive information is now immensely more difficult, and private information seems to be exposed fairly frequently. However, private ...
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  • What Are Your Miranda Rights?

    You’ve probably seen a TV show or movie where a criminal gets arrested and then the arresting officer starts quoting several phrases in an almost robotic or rehearsed-sounding tone. “You have the right to remain silent. Anything you say can and will be used against you…” it usually starts out. While you may not think twice about it, this is actually an extremely important inclusion that’s a big ...
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  • Why Hire a Former Prosecutor to Defend You?

    Abraham Lincoln once said “He who represents himself has a fool for a client,” which essentially means that those who try to defend themselves against accusations of a crime are likely going to regret it. That means if you have been arrested and charged with a criminal offense, it’s strongly advised that you find an attorney who is qualified to fight for you. However, with so many different ...
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  • Four Common Internet Crimes & Their Penalties

    When it comes to influential technology over the last couple of decades, you’d be hard-pressed to argue that the internet isn’t on the top of the list. While the worldwide web has enabled us to stay connected to each other easier and put a wealth of information right at our fingertips like never before, it’s also led to a whole new variety of crimes. While some of these offenses would never have ...
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  • Do Police Need a Warrant to Search My Cellphone or Computer?

    Recent statistics estimate that over 90 percent of all Americans own a cell phone, with two thirds of those phones being “smart phones” capable of connecting to the internet and functioning in many of the same ways a computer did in the past. Computers are perhaps even more common, with almost every American household owning at least one personal computer. As such, cell phones and computers both ...
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  • What Is Civil Asset Forfeiture?

    You may have heard the term “civil asset forfeiture” or “civil forfeiture” tossed around in the news somewhat recently. This controversial practice was brought back into the limelight when Attorney General Jeff Sessions expressed his support for utilizing this practice as a way of deterring criminals, particularly those involved in the drugs and narcotics black market. But while law enforcement ...
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  • Four Traffic Violations with Criminal Consequences

    Many people dread seeing the flashing red and blue lights of a law enforcement patrol officer in their rear view mirror. Usually this means they ran a red light, rolled a stop sign, made an illegal lane change, or were caught speeding, and you’re going to have to face the dreaded traffic violation citation. However, did you know there are instances where you could be stopped by a patrol officer ...
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  • 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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