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New Jersey Criminal Defense Attorney Blog

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Recent NJ Supreme Court Case Holds That Incarceration Outside the State on Out-Of-State Charges Does Not Entitle a Defendant to Jail Credit on New Jersey Charges

The New Jersey Supreme Court decided State v. Joe on March 7, 2017.  The case is significant because it relates to the issue of jail credit, which is an important issue in any case where the sentence includes the imposition of a custodial term. Briefly, the two types of credit…

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New NJ Supreme Court Decision Makes Termination of Megan’s Law Obligations More Difficult

Megan’s Law provides that registrants who have not re-offended within 15 years of their conviction or release from custody, whichever is later, and are unlikely to pose a safety threat to others, can be relieved of their registration and reporting obligations.  Given the burdens of Megan’s Law and the restrictions…

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State v. Bacome – NJ Supreme Court Reaffirms “Heightened Caution” Standard for Ordering Passenger From Stopped Vehicle

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…

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Representing Criminal Defendants with Mental Health Issues – What We Can Learn from Dylann Roof

Dylann Roof, who infamously shot and killed nine African-Americans engaged in bible study at a Charleston, South Carolina church, chose to represent himself during the sentencing phase of his federal capital trial.  During his “presentation”, he informed the jury that there was nothing wrong with him psychologically and also stated,…

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State v. Legette – Important Clarification of the Ability of Police to Seize Evidence During an Investigatory Stop

While investigating a noise complaint at an apartment complex, an officer observed James Legette standing on a common porch.  The officer approached and Legette partially opened a door leading into his area.  The officer then smelled burnt marijuana, entered the porch area, and identified himself as an officer.  As Legette…

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New Jersey Adopts Federal Standard for Sentencing Juvenile Defendants Found Guilty of Crimes that Carry Life Sentences

I have never believed that most lawyers or judges take juvenile delinquency cases seriously.  Many of them frequently refer to these matters as “kiddie crime”.  Indeed, it is not unusual for a judge who has sat in an adult criminal trial court to feel offended as a result of being…

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State v. Hannah – Admitting Social Media Postings into Evidence at Trial

Arnett Blake, his girlfriend Cindy Edwards, and his former girlfriend Terri Hannah, all attended a party in Vineland, New Jersey.  At some point, Edwards encountered Hannah in the bathroom.  While there, Hannah allegedly made rude remarks about Edwards.  Hannah then left the bathroom and told Blake that she should “F___…

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State v. Gorthy – A Criminal Defendant Cannot Be Compelled To Assert An Insanity Defense After Refusing To Do So

June Gorthy met a mental health therapist at a conference in 1998, and then tried to commence a relationship with him.  The therapist rejected her many overtures, which were expressed repeatedly in numerous gifts, letters and telephone messages.  Gorthy then left her home in Colorado, drove to New Jersey, repeatedly…

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Juvenile Delinquency Cases, Texting, and Use of Social Media

Earlier this week, I was in the Chancery Division, Family Part for a hearing on one of my juvenile delinquency matters.  While waiting to be called, I listened to the colloquy in the cases being heard before mine.  Virtually every case included some discussion involving texting or social media.  In…

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New Federal Prison Reforms Include Establishment of School District Within Federal Prison System

One of the most frustrating aspects of prison life concerns inmate efforts to enroll in classes and programs offered within the prison system.  Virtually every prison system offers inmate programs that are designed to train inmates for re-entry into society.  These programs, which are designed to address many of the…

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