Generally speaking, it is a mistake for individuals who are or may be charged with crimes to give statements to law enforcement officers. Many people believe they can talk their way out of being charged, but this is simply not true. Our courts have long acknowledged that the atmosphere in…
Defendants frequently decide to change attorneys while their case is pending before the court. Substitutions of counsel happen very frequently in criminal cases. In fact, it is not uncommon for a criminal defendant to change attorneys repeatedly during the course of their case for any number of reasons. Sometimes, a…
Our Supreme Court recently decided State v. Nelson, which addresses the extent to which the police may prolong a traffic stop to investigate suspected criminal activity. The facts of the case are straight-forward. A New Jersey state trooper learned from a reliable source that a silver Infiniti with a known…
Discovery in New York State criminal cases has long been completely unfair to defendants. The New York discovery rules have not been substantially revised since 1979. More than a dozen reform bills that have been introduced over the last 40 years have been successfully blocked by the State’s district attorneys’…
Anyone with a narcotics-related case – regardless of how simple or complicated the facts may be – has been in this situation. Defense counsel is able to negotiate an acceptable plea deal with the prosecutor which requires their client to, among other things, forfeit property seized at the time of…
Our Supreme Court decided State v. Brown on February 4, 2019. The case is very significant because it addresses the ongoing issue of the State’s obligation to produce discovery in a timely manner. The facts surrounding the discovery violation and its ramifications in this case are somewhat complex. Suffice it…
Criminal justice reform in New Jersey is now two years old. As we gain more experience with the underlying rules and procedures, it is worth reviewing whether they are achieving their stated goals and the effect they are having on our criminal justice system. State v. Hyppolite, recently decided by…
This past November, the New Jersey Supreme Court decided State v. Kiriakakis. There the Court upheld the constitutionality of a sentence within the range authorized by a jury verdict that included a mandatory period of parole ineligibility, or parole disqualifier. Understanding this holding requires a review of basic sentencing concepts. …
Clients often become concerned when they hear their attorney discuss plea deals soon after being retained. This concern is magnified when they go to court and hear the prosecutor and judge focus on pleading the case. Indeed, many clients believe that their defense attorney is trying to just get them…
Bail Reform went into effect in New Jersey almost two years ago. Its stated goals included, among other things, a reduction in jail populations. At the heart of this issue was the implementation of a screening tool known as a Public Safety Assessment, or “PSA”, which is prepared by Pre-Trial…