State v. Bryant, a recent search and seizure case, discusses the factual predicate necessary to justify a protective sweep of a home. Officers went to defendant’s home in response to a domestic violence report. A woman had called the police, stated that she had been assaulted there, and was now…
There is increasing concern over the efficiency of our State’s court system. Everyone seems to want the system to work more efficiently. The most obvious examples of this desire is the soon-to-be-implemented criminal justice reform package (bail reform and speedy trial), which was the subject of prior blog posts. But…
Ever wonder why criminal cases languish in the system prior to resolution? Frequently, good reasons frequently exist for a case to drag on over a period of months, or even years. Further, the passage of time can actually help the defendant by effectively weakening the State’s case through the loss…
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…
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…
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…
On September 20, 1992, the police received reports that someone had fallen from a 12-story cliff near the New Jersey Palisades. They arrived in the area and found Stephen Scharf, who told them they he and his wife, Jody, were having a picnic before going to a comedy club in…
DWI cases can be difficult and challenging under the best of circumstances. Careful discovery review and analysis is crucial to any positive outcome. First, the defense attorney needs to have a thorough understanding of the standard battery of field tests that police employ in assessing drivers suspected of operating a…
This blog and the accompanying firm website have numerous entries concerning drug court and other diversionary programs. One of the many stated purposes of these programs is to make the criminal justice system more efficient and effective. Other federal and state efforts and initiatives currently being implemented share the same…