The United States Supreme Court decided Grady v. North Carolina on March 30, 2015. After completing his prison term for sex offenses, the State determined that Grady was a recidivist sex offender, and wanted to place him on satellite-based monitoring. Grady argued that the monitoring program, which required him to…
New Jersey Criminal Defense Attorney Blog
Rodriguez v. United States – Great Search and Seizure Ruling
The United States Supreme Court decided Rodriguez v. United States on April 21, 2015. The decision enhances Fourth Amendment protections in cases involving motor vehicle stops. Briefly, Rodriguez, the driver, and his passenger were stopped by a Valley, Nebraska police officer for veering onto the shoulder of a State highway…
Don’t Assume A DWI Must End With A Guilty Plea
Any New Jersey Criminal Defense Attorney who practices regularly in our State’s Municipal Courts handles clients accused of DWI (Driving While Intoxicated/Driving Under The Influence). While DWI clients charged with a second or third offense frequently decide to proceed to trial because of the stakes involved, the first offense cases…
Rikers Ends Solitary Confinement for Juveniles (Finally)
New York’s Rikers Island is the second largest jail in the United States, housing between 11,000 and 12,500 inmates at a given time. It is also one of the most violent jails in the country. For many years, experts have acknowledged that placement in solitary confinement can negatively impact an…
Moneyballing Criminal Justice?
I recently learned about TED Talks. In short, these are presentations by people who have “ideas worth spreading”. If interested, you can learn more about TED Talks at TED.com. Anne Milgram, the former New Jersey Attorney General, gave a TED Talk where she discusses what she calls “moneyballing criminal justice”. …
Representing Defendants with Substance Abuse Issues
A large part of my firm’s criminal practice focuses upon representing criminal defendants with substance abuse issues. These defendants are typically addicted to cocaine or heroin. Many of these clients are simultaneously addicted to numerous substances (typically referred to as poly-substances abusers). These clients present special challenges that must be…
Vehicle Stops Just Got Easier to Uphold – Another Fourth Amendment Setback
The United States Supreme Court has ruled 8-1 that a police officer can stop a vehicle based upon a mistaken understanding of the law without violating the federal Constitution. Heien v. North Carolina, No. 13-604. An officer in North Carolina stopped a vehicle because of a broken brake light. State…
Off-Label Use of Psychotropic Meds to Sedate Prison Inmates
National Public Radio recently ran stories concerning the off-label use of psychotropic medications to sedate nursing home residents to make them more pliable and easier for staff to control. Unfortunately, this abuse does not occur only in nursing homes. It happens in jails and prisons in the United States and…
Texas Execution of Schizophrenic Inmate Highlights Place of Mentally Ill in Criminal Justice System
Scott Panetti may be dead by the time you read this. As of this moment, Texas is scheduled to execute him tonight, and his lawyers are probably doing handstands trying to get the US Supreme Court to review his case. In 1992, Panetti, who has (had?) a long history of…
After 20 Years, New Jersey’s Megan’s Law Has Accomplished Little
It has been 20 years since New Jersey enacted Megan’s Law, which require convicted sex offenders to register with local authorities in the community where they live. Whether and to what extent the law has accomplished anything remains a hotly debated subject. Briefly, the law requires, among other things, that…