News and Updates
What Happens If I am Arrested by the Feds: Federal Agents Must Take Arrestee/Suspect before Magistrate Judge within Six-Hours
It is well settled that and common knowledge that anyone arrested has the legal right not to speak to anyone, until he or she consults with a criminal defense attorney. Miranda v. Arizona, 384 U.S. 436 (1964)
New Jersey’s New Expungement Law Change
On April 19, 2016, the law in New Jersey will radically change its expungement law allowing most non-violent felonies to be expunged after waiting five-years after released from incarceration or completion of probation.
State v. Keaton, New Jersey Supreme Court, August 2015. Trooper not Permitted to Search for Driving Credentials Inside of Motor Vehicle of Driver Involved in Motor Vehicle Accident
In this case the defendant was involved in a serious motor vehicle accident in which is vehicle overturned on a major highway.
New Jersey Supreme Court Settles Issue as to Whether a Locked Fenced Yard is a Structure for Purposes of Burglary Offense
In this case the defendant-Olivero entered the fenced yard to steal industrial equipment that was located in a fenced yard which adjoined a warehouse which was part of a larger manufacturing facility.
Summer is Here and the U.S. Park Police are in Full Force Enforcing all the Rules, Regulations and Laws at Gateway National Park, Sandy Hook, (Monmouth County) New Jersey
For decades nude sunbathing at Gunnison Beach (the nude beach) has been tolerated by federal authorities that administer that federal public park.
Charged With a Crime or Disorderly Person’s Offense
Unfortunately, too often defendants will come to my office after waiting many months after being arrested seeking legal representation regarding their criminal case.
New Jersey Law More Protective than Federal Law and Prevents Police from Ordering Automobile Passengers out of Motor Vehicle Without Reasonable Suspicion
In the recent appellate division case, State v. Bacome the Appellate Division held that the removal of a passenger and driver from an automobile because of an alleged seat-belt violation was contrary to the New Jersey Constitution.
Detention of Motorist After a Motor Vehicle Stop Without Further Probable Cause is Unlawful United States Supreme Court Says
In Rodriguez vs. United States decided on January 21, 2015, the United States Supreme Court held that detaining a motorist after a motor vehicle stop has been concluded violated the motorist’s Fourth Amendment rights to unreasonable search and seizure and all the narcotics seized would have to be suppressed.
The Unjust Imprisonment of Father Gordon MacRae
The unjust imprisonment and suffering of Catholic priests at the hands of communist, fascist and other evil despots has and will unfortunately never end.
Rare Appellate Division Case Which Debunks Often Used Municipal Court Rational for Finding Defendant Guilty of Traffic Violation
A very interesting case was recently decided by the appellate division, State v. Duque, (unpublished decided April 6, 2015), in which the panel held that the rational used to find the defendant guilty of a traffic violation was incorrect, and accordingly, reversed the conviction.
The Waterfront Commission of New York Harbor and the “Perjury Trap”
Manhattan Supreme Court Justice Ronald Zweibel slammed the Waterfront Commission for creating a “perjury trap” in order to nail Dominick DiNapoli, who was convicted last June on five counts of lying to investigators.
High School Chaperones Cannot be Prosecuted in New Jersey for Oversees Class Trip in Which it Was Alleged That They Engaged in Sexual Contact With Students
In a recent New Jersey Supreme Court case, State v. Sumulikoski, the court held that alleged criminal activity conducted oversees on a class trip could not be prosecuted in New Jersey.