Most of our firearms clients are concerned with appealing a decision of a local police department denying the issuance of a Firearms Purchaser Identification Card or handgun purchase permit. Gun owners need to be aware of certain procedures in New Jersey that can be used to confiscate weapons and permits…
New Jersey Criminal Defense Attorney Blog
Expungement Basics
New Jersey is one of the few jurisdictions that allows a criminal defendant to expunge their record. What follows are a few basic points about expungements that a potential applicant must be aware of. First, an expungement is a sometimes thought of as a “sealing” of a record. This is…
Matter of RH and Matter of JA – A Juvenile Adjudication is Not a Conviction for Purposes of Megan’s Law Removal
Megan’s Law registrants must remain offense-free for 15 years following their conviction for the offense underlying their registration requirement. The New Jersey Supreme Court recently gave some important guidance concerning what qualifies as a conviction for Megan’s Law purposes. When he was fifteen years old in 1999, J.A. was adjudicated…
Multiple Ways for the State to Prove DWI – Drivers Beware
Most New Jersey drivers think that there is only way way for the State to prove that someone was driving while intoxicated/driving under the influence. There are actually several ways for the State to establish its case, and drivers should be aware of each of them. What follows is a…
Recent New Jersey Supreme Court Decision on Defendant’s Ability to Challenge Search and Seizure of Abandoned Property
Earlier this year, our Supreme Court Ruled on a defendant’s ability to challenge the search and seizure of abandoned property. In State v. Gartrell, an individual at Penn Station in Newark reported to New Jersey Transit police officers that the defendant had punched him. The officers then spoke to the…
How do Americans Feel About the United States Supreme Court?
Recent surveys show that substantial numbers of Americans have a negative view of the United States Supreme Court. This is important because so much of the Court’s vitality stems from the extent to which people view it as a credible institution. A report from the Pew Research Center that was…
Recent New Jersey Supreme Court Decision Outlines Confrontation Clause Fundamentals
The Confrontation Clause requires that a criminal defendant must have the opportunity to confront and cross-examine the witnesses against them at trial. In State v. Harrell, decided earlier this year, the issue before the Court was whether admitting a child’s entire videorecorded statement at trial violates a defendant’s confrontation clause…
New United States Supreme Court Ethics Code Does Little to Solve Ethics Lapses
The United States Supreme Court recently issued an ethics code that is to guide the conduct of its justices. There have been calls for the Court to issue such a set of ethics rules for some time, but recent revelations about the questionable ethical conduct of some of the justices…
Recent Police Training Seminar Promoted Unconstitutional and Racist Practices
Street Cop Training, a private company owned by a formed Middlesex County law enforcement officer, conducted a week-long seminar in Atlantic City in 2021. The seminar was attended by about 1,000 officers from around the country, with about 240 of them from New Jersey. Most of the New Jersey officers…
Recent Supreme Court Decision Discusses Limitations on Exigent Circumstances Exception to Warrant Requirement in the Context of Automobile Searches
Our Supreme Court recently considered whether the mere odor of marijuana coming from a vehicle during a traffic stop allows a search of the engine compartment and trunk. In State v. Cohen, decided earlier this year, law enforcement had information from a confidential informant that the driver was bringing guns…