After the trial verdict, you have the right to file an Appeal, and to file for Post-Conviction Relief (PCR) of a conviction. In New Jersey, you cannot file for both types of relief at the same time. An appeal challenges the legal decisions of the Judge, and a PCR challenges the representation of your attorney. If the error was by the Court, a court error as it were, such as denying a Motion to Suppress,… read more →
Domestic Violence laws in NJ require the police to arrest the perpetrator, when they are called to a domestic violence scene and see you injured. This is not optional, and the police are not family law marriage counselors. Even if you as a ‘victim’ say you do not want the other person arrested, the cops must arrest that person when there is evidence of a crime having been committed. The cops have no choice, and… read more →
Under New Jersey law, there are several levels of detention and arrest, and purposely or attempting to prevent an arrest is unlawful. The charge is Resisting Arrest. This is not a debate issue, this is not something that you get to discuss with the officer before he can arrest you. Your impression that ‘you have committed no crime, so I am not going with you’, does not control whether you can be arrested or charged with… read more →
When you are on Probation or Parole, there are parole and probation restrictions. For starters, any use of alcohol or illegal drugs is a basis to violate you. In New Jersey, when you are violated from Probation, the Judge can extend the probation, can impose additional probation restrictions, or can re-sentence you up to the maximum you were facing for the charges you were put onto Probation in the first place. When you are violated from… read more →
In New Jersey, a Final Domestic Violence Restraining Order is forever. It will stay in effect until it is overturned on appeal, or the ‘victim’ drops it. A Domestic Violence FRO can be appealed, but the appeal must be filed with 45-days of the Order being issued. If you miss the 45-day deadline, you may be able to get a 30-day extension, but you should not count on it. Get the appeal filed, order the transcript,… read more →
In New Jersey, you have the right to file an appeal of a criminal conviction, whether you pled guilty or took the case to trial. An appeal must be filed withing the deadlines set by the Court Rules. This requires an appeal to be filed within 45-days of sentencing if the case was in the Superior Court; and, if it was in the Municipal Court the appeal must be filed within 20 days. An appeal asks… read more →
Those who have served in the military forces of the US, are trained to fight, but not trained to come home. Experiences from combat can leave a veteran with Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury. Left untreated, mental health disorders common among veterans can lead to them being charged with criminal offenses. Most criminal cases involving veterans would be better handled by a properly run Veterans Court, than by a criminal defense lawyer trying… read more →
Jury selection is critical to the verdict the jury will give. Before the jury selection begins, a trial strategy must be developed, and then followed. New Jersey criminal trial rules permit each juror to be evaluated to determine potential bias, for or against, the defendant. The defense strategy (or theory of the case) often impacts the decision of whether to keep a particular juror on the jury or to challenge the juror’s prospective fairness. The selection… read more →
In the United States under constitutional law you are presumed innocent. The prosecution bears the burden of establishing your guilt, ‘beyond a reasonable doubt’. These are not mere words, they are the essence of our system of justice. The State has the sole burden of proof, and that burden cannot be shifted to you, the defendant. When you are charged with a crime, you have the right to remain silent, and cannot be compelled to become… read more →
Health Care Claims Fraud: Rest assured, or rest uneasy: the State is always certain the healthcare claims fraud was done ‘knowingly’. But, truth is, contrary to the State’s point of view, sometimes it is nothing more than a mistake. Unfortunately, a court of law is sometimes the only place this is revealed. We all do it…make mistakes, but the fact that it was a mistake does not necessarily end the prosecution. Whether it is in… read more →