Everyone here is scrambling to implement the criminal justice reforms that become effective on January 1, 2017. As stated in a previous posting, the new laws and procedures change New Jersey’s criminal justice system in many significant ways. The new bail procedure departs substantially from current law. Under the current…
Major changes to the processing of criminal cases in New Jersey will take effect on January 1, 2017. On the surface, these changes address two areas of criminal practice: (a) pretrial release and bail; and (b) speedy trial. However, it is anticipated that these changes will ultimately affect virtually every…
Neither the New Jersey Code of Juvenile Justice nor the New Jersey Court Rules expressly address discovery in juvenile matters. The absence of express guidance in the statute or court rules recently led to decisions from the Appellate Division and New Jersey Supreme Court that broadened a juvenile’s right to…
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…
We have written before about federal sentencing issues. A recent US Supreme Court decision again focuses our attention on this important topic and, specifically, the central role that the advisory guidelines play in the federal sentencing process, and how sentencing mistakes can – and should – be corrected. By way…
One of the many defendants I have represented in federal district court in New Jersey resolved his case by pleading guilty to certain offenses that typically call for the imposition of a prison sentence. After long and difficult negotiations with the US Attorney’s Office, and in light of other facts…
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…
Clients often attempt to articulate facts substantiating a violation of their constitutional rights. Sometimes, the client’s description of the relevant facts can be used to at least articulate a legal basis for such a violation. More frequently, however, the client’s description bears little, if any, relation to a constitutional violation. …
The New Jersey Supreme Court recently decided State v. Saladin Thompson, which discusses the use of peremptory challenges to strike potential jurors based on their race. The decision focuses our attention on jury selection, which is one of the most important and difficult phases of any jury trial. Many clients…
The recently decided NJ Supreme Court case of State v. Baum stemmed from a prosecution for aggravated manslaughter and death by auto. Baum, the driver, struck and killed two teenage girls who were walking in the bicycle lane of a major roadway in Kinnelon. Baum had battled alcoholism for approximately…