…but it wasn’t me! I wasn’t there! The witness is lying! I am innocent! Eyewitness identification is never a certain thing, at least when the ID is not made by someone who was already familiar with the person they are identifying. The problem a person faces who is charged with a crime based on a ‘stranger-to-stranger’ identification is whether to remain silent to protect their constitutional rights, or, to give up their constitutional rights to… read more →
…but this is my first offense your honor, why do I get sentenced to jail. I won’t get arrested again… In New Jersey, some criminal and motor vehicle offenses have mandatory sentencing consequences that a Judge must impose. If you are convicted (or plead guilty) to those offenses, the Judge is required to impose the sentence even if this is your first offense. Mitigating factors can be argued by your lawyer to try to lower… read more →
‘I was ticketed doing 102 in a 55 speed zone, but so was the car I was following …do I really need a lawyer? In NJ, you can be issued a traffic ticket for speeding when you are doing anything over the posted limit. Claiming “the car in front of me was speeding too”, does not mean that it was OK for you to do the same. Motor vehicle points will be given to you… read more →
In the U.S., when you are charged with a crime you are entitled to trial by a jury of your peers, and these people may not look, talk or think like you do, but indeed, they may be considered a jury of your peers. The essence of whether a juror is your ‘peer’ is based on whether that person is a citizen of the US, is not otherwise disqualified from service as a juror, and… read more →
The police pulled me over for ‘no reason’, because they said my ‘view was obstructed’…but it wasn’t, and now I’m under arrest! In New Jersey, if an officer thinks a driver’s view is obstructed, that is a sufficient basis for him or her to stop you. That means if you hang something from the rear-view mirror (like an air freshener, baby shoes, a rosary, etc.) the officer is justified in stopping you. The same is… read more →
“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 →