At some point in the development of the American criminal justice system, somebody decided that it was a good idea to provide defendants with library resource materials so they could either defend themselves or assist their trained criminal defense attorneys in defending them. Without putting too fine a point on…
Most defendants who are facing jail time are very satisfied with a probationary sentence in lieu of incarceration. However, defendants sentenced to probation do not always realize that the sentence comes with a list of terms and conditions with which they must comply during their period of supervision. Some terms…
We recently passed the first anniversary of criminal justice reform in New Jersey. As discussed regularly on this blog, these far-reaching changes to criminal practice and procedure in the State affect the handling of all criminal cases in the Superior Court. The primary areas that these changes impact upon are…
Generally speaking, there are two broad categories of searches. Either a search can be made with a search warrant, or it can be warrantless. Our law prefers searches that are made pursuant to a warrant. A warrantless search will be valid only if the search and seizure activities fall within…
Discovery rules in criminal cases can vary greatly between jurisdictions. New Jersey has some of the most liberal discovery rules in the nation. It is common for discovery to be produced well before an indictment. Further, under current rules, all discovery must ordinarily be produced at or just prior to…
Given the current political climate, protecting the rights of non-citizen criminal defendants is certainly not a popular activity. However, and as many judges and elected representatives have repeatedly stated, our judicial system (federal and state) is supposed to be a model of fairness for other countries, particularly those where there…
Prosecutors occupy a central role in our criminal justice system. In every case, they choose the offenses the defendant will be charged with, present evidence to a grand jury to secure an indictment in a proceeding they control almost exclusively, and then represent the public in the actual criminal case…
In 1984, Congress passed the Comprehensive Crime Control Act (“CCCA”). This law was passed at a time when crime rates, particularly drug-related crimes, were rising nationally. The CCCA provided, in part, that law enforcement agencies could seize the overwhelming majority of assets of individuals suspected of criminal activity. In fact,…
One of the worst things that can happen in a juvenile case is a waiver to an adult court. In some cases, usually because of the severity of the offense, a prosecutor will ask the juvenile judge hearing the case to “waive” or transfer a particular juvenile matter to an…
Criminal attorneys frequently assert novel defenses at trial and during plea negotiations. One of the more interesting defenses, sometimes referred to as the “Twinkie” defense, has existed for a number of years. It sounds patently silly on the surface given its name, but may actually have some basis in reality…