Being threatened by a neighbor is frightening — and it is natural to wonder whether you can get a restraining order to make it stop. The answer in New Jersey depends on what kind of legal protection you are seeking, because the state’s main restraining-order law was written for domestic relationships, not neighbor disputes. That does not mean you are…
Read MoreMany people believe that police cannot stop a vehicle unless they personally observe the driver commit a traffic violation. While that is often true, it is not always the case under New Jersey DUI law. In certain circumstances, a reliable 911 or citizen report may provide police with the reasonable suspicion necessary to conduct an investigative motor vehicle stop—even if…
Read MoreOverview of the New Jersey Supreme Court Decision The New Jersey Supreme Court issued an important decision in State v. Watson (2023) that significantly changes how eyewitness identifications and surveillance video testimony may be presented in criminal trials. The Court recognized that first-time in-court identifications can be extremely suggestive and unreliable, and it imposed new procedural safeguards to protect defendants’…
Read MoreWhat Is a Conditional Discharge or Conditional Dismissal in New Jersey? If you have been charged with a disorderly persons offense or certain first-time drug offenses in New Jersey municipal court, you may qualify for a diversionary program that allows your charges to be dismissed and helps you avoid a criminal conviction. In municipal court, the two primary diversion programs…
Read MoreState v. Bookman Case Summary: NJ Supreme Court Limits Hot Pursuit Home Entry Overview In State v. Bookman (2022), the New Jersey Supreme Court ruled that police cannot use a minor traffic warrant as an excuse to chase a suspect into someone else’s home without a warrant. The Court held that the officers’ late-night entry violated the Fourth Amendment and…
Read MoreGetting arrested brings stress, fear, and a lot of uncertainty. You may wonder, what are my rights if I’m arrested in New Jersey? The answer matters more than you think. What you say and do right after the arrest can shape what happens next in your case. Many people don’t realize that rights kick in from the moment police stop…
Read MoreHaving to face criminal charges can already bring about a great deal of stress. However, if you are arrested for a crime in a different state than the one you consider your state of primary residence, you may find it incredibly difficult to mount an effective defense of your rights, freedom, and future. When you are arrested while visiting another…
Read MoreNJ Car Search Lawyer The question of can police search your car without your consent in NJ is a common one I receive. After all, most drug and gun possession charges occur following a motor vehicle stop and car search by the police. I have litigated this issue countless times both as a prosecutor and defense attorney. If you are facing drug…
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