The new marijuana legalization/decriminalization laws raise many questions that will be answered only with the passage of time and experience. Here are some responses to certain questions that will probably arise very quickly: What should an officer do if they smell marijuana coming from a vehicle during a motor vehicle…
What is drug addiction? How is it to be defined? Is it some sort of disease, or just another form of illegal conduct? Commonwealth v. Eldred, a case now before the Massachusetts Supreme Judicial Court, may soon provide guidance on these issues. This case is important for any criminal attorney…
The New Jersey Supreme Court decided State v. Rosario on June 6, 2017. The case is important because, among other things, it discusses and distinguishes between the two most common types of police-citizen encounters, which are field inquiries and investigative detentions. The facts are uncomplicated. Police received an anonymous tip…
In State v. Bacome, decided January 31, 2017, two Woodbridge detectives observed the defendant-driver and a passenger in a Ford Bronco. The passenger, who was in the front seat, was later identified as the vehicle’s owner. The detectives claimed that both men were known drug dealers. They followed the Bronco…
Two years ago, the Obama administration commenced an effort to grant clemency to federal non-violent drug offenders who would have received shorter prison sentences had they been sentenced under subsequently revised advisory sentencing guidelines. Last week, President Obama granted clemency to 111 federal inmates, 35 of whom originally received life…
Many defendants focus exclusively on only one issue in their case – Am I going to jail? If there is even a possibility that this question may be answered affirmatively, follow-up issues concerns the length of the sentence and the facility where it may be served (e.g., state prison vs.…
The Fourth Amendment to the United States Constitution, as well as the analogous provisions of New Jersey state law, set rules concerning the manner in which officers can search a person, and/or their home, office or vehicle. This body of law plays a central role in maintaining personal liberty and…
Every participant in a jury trial has a defined role. The judge manages the trial and acts as a judge of the law. S/he will rule on legal issues that arise during pre-trial proceedings, supervise jury selection, rule on issues of law that arise during trial, instruct the jury on…
The NJ Appellate Division recently decided the companion cases of State v. Fitzpatrick and State v. Brister. These cases focus primarily on the statutory bar date prior to which the State must appeal from a trial court’s denial of the imposition of a Drug Offender Restraining Order, or DORO. Although…
The United States houses a quarter of the world’s prison population. The Justice Department has an annual budget of about $27 Billion, a third of which is spent on operating the federal Bureau of Prison’s 120 facilities. Further, since 1980, the US population has grown by about a third, while…