“My lawyer didn’t protect me, he screwed up my defense and now I’m convicted of something I didn’t do!” Under the United States and New Jersey Constitutions, when you are charged with a crime you have the right to counsel. That lawyer must provide “effective” assistance of counsel, and if they do not you can attack the conviction through filing a petition for Post-conviction Relief (PCR). In many of the cases seeking this type of… read more →
The ‘Golden Rule’ I was raised with (‘Do unto others…’) applies to interactions you have with other people, and that includes the police officers with whom you come in contact. A kind word to the police when the situation arises is a good thing. You never know when they may be circling back to help you in a moment of crisis, or interface with you on a traffic stop or other police matter. If the… read more →
A New Jersey Domestic Violence Final Restraining Order is ‘forever’. It has no ‘half-life’, and no automatic termination date. In some States, these types of Orders have a limited period of duration – typically of a several-year period. Once that time expires, the Order from that other State expires. In New Jersey, the FRO continues indefinitely. There are steps that can be taken to ask the Court to eliminate the Order, such as by filing… read more →
Texting While Driving – TWD is the new DWI The text is better off, and so are you, if you wait to read it when you are stop at the side of the road, out of traffic. A stop at a stop sign, red light, or in traffic is NOT the same thing as being stopped at the side of the road with the car in “park.” Operation of the motor vehicle is essentially anything… read more →
In the United States, police need probable cause to stop you. Speeding, making and illegal turn, or any motor vehicle violation can get you stopped as we all know. Once stopped, asking the officers stupid questions that have obvious answers (assuming you were actually conscious and paying at least half-attention to what is going on around you) while you are operating a motor vehicle gives them an ‘articulable suspicion’ that something is not right. This quirkiness,… read more →
One of the most confusing aspects of the growth of Social Media, is the spurt of ‘legal experts’ who will tell you all you never needed to know about the Law. Social media and legal advice can be a toxic cocktail. As a practicing NJ criminal defense lawyer, who has been involved with the area of criminal law for 40-years as a police officer, an assistant county prosecutor, and a criminal defense lawyer – there is… read more →
A successful criminal defense is not ‘one and done’ event. It take a long-term approach working on small details to build a potentially strong defense. There are no magic wands, incantations, amulets, or other forms of wizardry that win a criminal case for a client. It takes a detailed analysis of the strengths of the prosecutions case, to spot the deficiencies of proofs against you. Plus it includes the development of counter-arguments to provide the… read more →
When you are late for Court, you risk the Judge issuing a Bench Warrant for your arrest. Most criminal law Judges in New Jersey will ‘Call’ the list of cases as soon as they take the bench. Once the Judge knows you are not there, the Judge can issue a warrant, and forfeit any bail you have already posted. The Judge does not have to vacate the warrant when you show up late for court,… read more →
If you are charged with a crime in New Jersey after January 1, 2017, the Bail Reform Act can result in you being released in your own recognizance (ROR), or held without bail. If you are released, the Court can impose conditions on your release, ranging from ‘stay out of trouble’, to ‘electronic monitoring’, to requiring that you post bail. A risk assessment will be done after you are arrested as part of the charging… read more →
When charged with a crime, STOP TALKING to the police! Anything you say or do can and will be used against you to try to convict you. Protect your freedom and exercise your right not to become a witness against yourself. When you are asked by the cops ‘What happened?’ or ‘What’s your side of the story’ say I WANT TO REMAIN SILENT and I WANT A LAWYER. Trying to explain your way out of… read more →