This blog focuses almost exclusively on criminal law and criminal procedure, making this posting something of a oddity. With that said, however, this posting may certainly be viewed as a comment on an issue that is significant in any criminal case, which is the selection of defense counsel. When it…
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…
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…
Prior articles on this blog have discussed our increasing dependency on our electronic devices. Many members of my generation are still getting somewhat used to smart phones, I-pads, and the like. However, for our children who have grown up with them, using these devices is perfectly natural and an ordinary…
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…
A free and independent judiciary is a cornerstone of our constitutional structure. In our system, judges are supposed to remain free of political pressure to the fullest extent possible so that they can interpret and apply our laws without having to fear political reprisals resulting from their decisions. Anybody who…
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…