We receive many inquiries from defendants who are currently required to register pursuant to Megan’s Law, and are on Community Supervision for Life or Parole Supervision for Life, about termination of their overly burdensome and needlessly restrictive obligations. In light of a recent New Jersey Supreme Court case, we believe…
Anyone who has ever sat through a jury trial knows the level of attention received by the jury. Tremendous care goes into selecting the jury, as is evident by the nature and extent of the questioning of whole panels and individual jurors, and the related decisions that the parties make…
A criminal case can end in a variety of ways including a verdict at trial, a plea, a dismissal, or admission to a diversionary program. Two diversionary programs that may be available to New Jersey criminal defendants are Drug Court and Pre-Trial Intervention, or PTI. This post focuses on some…
Have you been charged with illegal possession of a firearm? Surprised to learn that your plea offer calls for a State prison sentence (typically, five years with a 42-month parole disqualifier), and that the prosecutor is not willing to even discuss it? This scenario has been playing out in courts…
Many attorneys – both defense attorneys and prosecutors – will knowingly try to introduce objectionable material at trial. The reason for this is simple. The attorney believes that the jury has to hear it. It makes a difference in their case, and the effort to introduce it is strategic. Even…
Last year, in State v. RG, our Appellate Division addressed the issue of whether a criminal defendant who is not mentally competent can be involuntarily medicated to restore their competency so that they can proceed with their case. This was the first time a New Jersey appellate court addressed this…
Most people associate penalties in criminal cases with probation, incarceration and/or fines. There is, however, another court-imposed obligation that can be imposed in any case involving financial loss. A sentencing judge can, and frequently does, order the defendant to pay restitution as compensation for any monetary losses sustained by the…
In my experience, client calls from jail or prison facilities come in two forms. Sometimes, a client will call me directly from the facility using the facility’s telephone equipment. On other occasions, I will receive a call from a friend or family member who will then “third-party” the client in…
Mississippi has tried Curtis Flowers six times for allegedly murdering four employees at a furniture store. Flowers is black and three of the four alleged victims were white. Mississippi has not been able to convict Flowers because the prosecutor(s) handling each trial are flaming racists who got caught doing something…
Previously, an alleged victim’s out-of-court identification of a defendant from a photo array was highly problematic. The primary issue was the extent to which the officer administering the array suggested to the victim which photo should be selected. This was frequently done by giving the victim positive feedback during the…