The police generally need a reason to stop you, or to search you, your house…or your car. The constitutionally based ‘warrant requirement’ which protects you from an unreasonable search or seizures can be overcome by circumstances that eliminate the need for the police to find a ‘neutral and detached magistrate’ (a judge) from whom they can request a search warrant. Your actions can support an exception to the need to obtain a judicial approval for… read more →
In the United States, when you are charged with a criminal offense you have the right to remain silent, and not to become a witness against yourself. Your right to remain silent and protect yourself from self incrimination continues throughout the Court proceedings, including at trial. No one can call you to the witness stand except yourself. However, if you take the witness stand, you can be questioned by the prosecutor, putting yourself at risk… read more →
When a Domestic Violence TRO (Temporary Restraining Order) is issued against you in New Jersey, it means you cannot contact the protected party. Period. You are prohibited from going to their residence, their place of business, and any other location they typically frequent. So going to their favorite restaurant, bar, or gym can get you in trouble. If you follow them, or go to a place — even a public place — where you can… read more →
What you say can be used against you if you are charged with a criminal offense. If you’ve been pulled over by police, and are under investigation, for example, for a traffic violation, comply with police requests politely for license and insurance card, etc. However remember this: What you think is funny when it is said on the street in front of your friends, is often not considered funny by the police, the prosecutor or the… read more →
When a police officer instructs you to get out of the car so he can arrest you, there are easy ways for you to exit the car. And ‘harder’ ways to do it, too. You cannot legally resist an arrest. Even if the arrest itself would be improper or something that you should not be arrested for, do no resist the order. If you resist the arrest, the police can use alternative ways to get… read more →
In a criminal prosecution in the United States, the State must prove each element of a crime you are charged with, or the jury must find you not guilty. Each crime has elements (or parts) that make up the completed crime. If there are three parts, the proof must establish the evidence to prove each of those three parts. Proof can be used that is ‘direct’ (I saw him eat the cookies). It can be… read more →
Once a Domestic Violence Restraining Order has been issued against you, do not contact the protected person, for any reason. In New Jersey, even if it is the protected person who is the one who initiates contact, you are in violation of the Court’s Order and you are the one that will be held in Contempt of Court. Penalties for violating the no contact provision range from fines to jail, and you end up with… read more →
The outcome of your criminal case depends on several factors, which include the facts of the case, and the skill of your attorney. Selecting the best lawyer to defend you is a process whereby you learn about the lawyer: Hi>s or her’s experience in the field of the percentage of his practice that is related to protecting the rights of those charged with crimes, the number of cases handled that were similar to what you… read more →
The police can use a variety of methods to conduct their investigations, including the use of officers that do not look like cops. In New Jersey, undercover police officers (and police dogs), can act like and look like anyone who would normally be at that location, to blend in and observe without their identity as law enforcement being disclosed. What they observe is admissible as evidence in criminal prosecutions, and the only limitation on their… read more →
Failure to follow the directions or hand signals of a Police Officer is a moving violation in New Jersey (and in every other State, too). The police can then pull your car over, and what they see while your car is stopped is considered in ‘plain view’. Your actions can give the police the probable cause they needed to detain you if they suspect something as a result. At a minimum you end up with… read more →