Recent Posts in Criminal Defense Category
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Privacy Rights for Warrantless Search in NJ
Posted By Brickfield & DonahueThe New Jersey Supreme Court issued a ruling that reaffirmed the public's right to privacy in warrantless police searches of cars. The court ruled that police cannot search someone's property or belongings without a warrant unless "exigent circumstances" exist. Continue reading to learn more. The Decision The decision was based on Article I, Paragraph 7 of the New Jersey Constitution which ...Continue Reading -
The Impact of Violent Crimes on Victims and Their Families in New Jersey
Posted By Brickfield & DonahueWhen a person becomes a victim of a violent crime, the impact can be devastating. It affects not only the victim but also their loved ones. Violent crimes such as assault, rape, and murder can impact the victim's mental, emotional, and physical well-being. In this blog post, we will discuss the impact of violent crimes on victims and their families in New Jersey. Understanding Violent Crimes ...Continue Reading -
What Is Sextortion?
Posted By Brickfield & DonahueThe New Jersey legislature made history on January 13th, 2021 when it passed the first-of-its-kind bill to make sextortion a crime in New Jersey. The new law defines sextortion as the “unlawful exploitation of another person through threat or humiliation to compel them into providing sexual gratification, money, property, services, or other items of value.” This makes it a crime that can be ...Continue Reading -
What Is Megan's Law in NJ?
Posted By Brickfield & DonahueMegan's Law in New Jersey is a set of statutes that focuses on the registration and community notification requirements for sex offenders. The law requires all convicted sex offenders, even those who have served their sentences and are no longer incarcerated, to register with local police departments in the municipalities or counties where they live. Furthermore, it requires that certain ...Continue Reading -
The Difference Between Murder and Manslaughter
Posted By Brickfield & DonahueThe terms murder and manslaughter are often used interchangeably. Understanding how each of these crimes is distinguished - and their relation to criminal offenses - is essential for anyone who wants a clear understanding of what the implications are in cases involving homicide. In this blog post, we will cover the basics of murder versus manslaughter – providing legal definitions along with an ...Continue Reading -
Probable Cause In New Jersey
Posted By Brickfield & DonahueProbable cause is a legal standard that is required for law enforcement to make an arrest, conduct a search, or seize property. In New Jersey, there are three components that must be met in order for probable cause to exist: reasonable suspicion, probable cause affidavit, and search and seizure. Defining Reasonable Suspicion and Probable Cause Understanding reasonable suspicion and probable cause ...Continue Reading -
What Is the Hobbs Act?
Posted By Brickfield & DonahueThe Hobbs Act is a federal law that prohibits extortion or robbery by wrongful use of force or conspiracy to commit either crime used as a tactic to stop or delay commerce. Keep reading to learn more. Robbery Robbery is the unlawful taking of a person’s property without consent through threats, force, or violence. This crime can be elevated to a more severe degree if it occurs with a firearm or if ...Continue Reading -
$100 Million NJ Deli Scheme Ends in Federal Fraud Charges
Posted By Brickfield & DonahueThree Men Charged in Securities Trading Schemes In 2021, a hedge fund manager, David Einhorn, brought Hometown Deli in Paulsboro, New Jersey into the spotlight by questioning how a single deli had $100 million stock with just over $38,900 in sales. While Einhorn was writing a blog meant to advise investors about the dangers of excess and levy for more regulatory oversight, he pointed investigators ...Continue Reading -
Who Can See Expunged Records in New Jersey?
Posted By Brickfield & DonahueUnfortunately, after serving their time, paying the necessary fines, and trying to reintegrate into society, many convicted felons face employment discrimination and financial challenges after their release. Because of the societal consequences and/or discrimination, ex-offenders may consider expunging their record (if they are eligible). An expungement refers to the removal of any records of ...Continue Reading -
Former NJ Youth Director Facing Child Porn Charges
Posted By Brickfield & DonahueArnold DiBlasi was arrested and charged with possessing and distributing pornographic images of children ; he also faces four counts of child endangerment charges. After a warrant was executed on July 26, DiBlasi was taken into custody and placed in Burlington County Jail. DiBlasi is the former youth group director at Holy Eucharist Parish in Cherry Hill. He has been under investigation since May ...Continue Reading -
What Is Mortgage Fraud?
Posted By Brickfield & DonahueMortgage fraud is a federal offense that occurs when a homebuyer, seller, or lender lies about or omits important information in relation to a mortgage loan. Under federal law, a person who commits mortgage fraud can face up to 30 years of imprisonment, and perpetrators may face civil litigation if another party incurs significant damages. There are two categories that mortgage fraud falls into: ...Continue Reading -
Common Fourth of July Crimes
Posted By Brickfield & DonahueWhat Are Some Common Crimes Committed on July 4 th ? While the holiday weekend is a cause for celebration and many people will be gathering at barbecues and parties, the Fourth of July weekend can be dangerous. Certain crime s are more likely to be committed over this weekend, including but not limited to: Underage drinking. Under New Jersey law, a person under the age of 21 is not legally ...Continue Reading -
Plea Bargains in Criminal Cases
Posted By Brickfield & DonahueWhat Is a Plea Bargain? A plea bargain (also referred to as plea deals or negotiated pleas) is an option that defendants can take to avoid harsh penalties for a crime. Specifically, a plea deal is an agreement between the prosecution and a defendant in which the defendant pleads guilty or no contest in exchange for: the prosecution dropping one or more charges, the reduction of their charges to a ...Continue Reading -
Shawn Harewood's Retrial Begins | Safaree Samuels Robbery Case
Posted By Brickfield & DonahueFour years ago, rapper Safaree Samuels (Nicki Minaj’s ex-boyfriend who is best known for being a star on Love & Hip Hop) was robbed at gunpoint in Fort Lee . Samuels was on the way to an interview on the Angie Martinez Show . The gunman and his accomplices stole $183,000 worth of jewelry. Samuels alleged that two men ran up to him, held him at gunpoint, and stole his jewelry. A TMZ video was later ...Continue Reading -
Can a Felon Get a U.S. Passport in NJ?
Posted By Brickfield & DonahueWho Is Ineligible for a Passport? Certain felons may be ineligible for a passport because of the type of offense they committed. Specifically, under 22 U.S. Code § 2714 , a person convicted of a federal drug offense, or a state felony drug offense can be denied issuance of a U.S. passport when they are imprisoned or on parole or supervised release as a result of their conviction. In some cases, a ...Continue Reading -
What Is Criminal Mischief?
Posted By Brickfield & DonahueVandalism or Criminal Mischief Charges in New Jersey In New Jersey, criminal mischief is basically the crime of vandalism , which involves illegally damaging another person’s property. Under N.J.S.A. § 2C:17-3 , criminal mischief is legally defined as purposely, knowingly, and/or recklessly: damaging someone else’s physical property with the use of fire, explosives, or other dangerous means, or ...Continue Reading -
Fake IDs & Underage Drinking in NJ
Posted By Brickfield & DonahueWhat Happens If You Get Caught with a Fake ID? Underage teens may obtain and use fake IDs to buy alcohol . However, it is not only illegal to consume alcohol when you are underage, but it is also illegal to possess or use a fake ID. According to N.J.S.A. §2C:21-2.1, it is unlawful to display a false document that is meant to represent a document issued by the government, such as a fake ID, ...Continue Reading -
Probation Violations in New Jersey
Posted By Brickfield & DonahueProbation vs. Parole: What’s the Difference? Parole is a supervised early release from prison for those who were sentenced to jail or prison time. Probation is an alternative to imprisonment, and defendants sentenced to probation do not serve their time in jail or prison. Probation Violations Just as each case is unique, the terms of your probation are unique and will differ on a case-to-case ...Continue Reading -
Assault by Automobile or Vessel in New Jersey
Posted By Brickfield & DonahueLegal Definition of Assault by Auto According to N.J.S.A. § 2C:12-1, an assault by auto or vessel occurs when a person recklessly drives their vehicle and causes bodily or serious bodily injury to another person. As it relates to this statute, a vessel is considered a “means of conveyance for travel on water and propelled otherwise than by muscular power.” In short, it’s a boat, ship, or ...Continue Reading -
New Jersey Internet Sex Crimes
Posted By Brickfield & DonahueIs Watching Pornography a Crime? You can legally watch porn—if you do so in private. Because of a ruling made by the New Jersey Superior Court, Appellate Division in 2019, it is a fourth-degree criminal offense to watch adult pornography in your parked car if it is in plain view of others (State vs. Lomanto, Docket No. A-5273-16T4). This act is considered an instance of public obscenity (N.J.S.A. ...Continue Reading -
Prescription Drug Possession & Distribution
Posted By Brickfield & DonahueAccording to N.J.S.A. § 2C:35-10.5 , it is illegal for a person to knowingly possess or distribute prescription drugs without a legitimate prescription from a licensed practitioner. You can be accused of violating this law in connection with prescription medications including but not limited to: OxyContin or oxycodone Adderall Vicodin Percocet Xanax Valium Ritalin Roxycontin Diazepam Important ...Continue Reading -
What Are Grounds for Appealing an Excessive Sentence?
Posted By Brickfield & DonahueLate last year, a trial involving a 2019 truck wreck in Colorado made national news. According to CBS News, the accident involved a truck crashing into stopped traffic while traveling on Colorado’s Interstate 70 near Denver. In the aftermath of the wreck, four people were killed and many others were injured. The truck driver who caused the crash claimed that the wreck happened because his brakes ...Continue Reading -
Is a Marijuana DWI Considered as Serious as an Alcohol-Related One?
Posted By Brickfield & DonahueIn popular culture, marijuana usage is often portrayed in a more casual light than taking hard drugs or drinking alcohol. Because of this, when people think of incidents involving someone driving while intoxicated or impaired (DWI), the first thing to come to mind is usually drunk driving. In addition, the way marijuana use is portrayed also impacts how marijuana DWIs are viewed. In many cases, a ...Continue Reading -
Can Juveniles Be Tried as Adults in New Jersey?
Posted By Brickfield & DonahueIf your child has been arrested and charged with a criminal offense, you know how stressful and worrisome this situation is as a parent. The idea of your child being adjudicated (or undergoing judgment and receiving a sentence for their crimes) in the juvenile court system is likely less intimidating. Sentences issued in juvenile court tend to be more lenient with a goal toward rehabilitation, in ...Continue Reading -
What Are My Rights if I'm Arrested in New Jersey?
Posted By Brickfield & DonahueIf you’ve been arrested, a million thoughts likely raced through your mind while under custody. Will I go to jail? If so, how long will I be there? How will this affect the rest of my life? What will my family and friends think? Is there any hope for me in my circumstances? When in this scenario, it’s essential you know your rights and secure the representation of an experienced criminal defense ...Continue Reading
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