Criminal bail reform in the United States has been at the forefront of discussions about fairness and justice in the legal system for decades. Historically, a reliance on cash bail created disparities wherein wealthy defendants could secure release while lower-income...
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Criminal Defense
When might the New Jersey courts dismiss criminal charges?
Many people who insist they did not break the law find themselves facing criminal charges. They typically have to enter a plea either admitting that they broke the law or insisting that they didn't. The case may go to trial if they plead not guilty. Those facing a...
Has a questionable stop-and-frisk encounter led to charges?
Police officers in New Jersey perform a very challenging job. They need to deter and investigate crime whenever possible, while making every reasonable effort not to violate anyone's civil rights. Unfortunately, some officers let prior experiences or personal biases...
Is there a presumption of bail in New Jersey?
If you are accused of a crime in New Jersey, you need to know if you will have an opportunity to pay bail and await hearings and your trial at home or if you will need to stay in jail. Depending on the kind of offense you’re accused of committing, it’s possible that...
Unlawful search and seizure: What is a legitimate expectation of privacy
The Fourth Amendment of the U.S. Constitution protects you from an illegal search and seizure. However, it applies to searches where you have a legitimate expectation of privacy in the possession or place searched. If there is no such reasonable expectation of...
Think racial profiling has ended? Think again
In the wake of “Black Lives Matter” and other movements, it’s easy to believe that racial profiling has received so much unwanted and negative scrutiny that police departments would firmly shy away from it. However, that’s hardly the case. It’s been more than 20 years...
What you need to know about kidnapping charges in New Jersey
Most people (rightfully so) associate kidnapping with situations where the victim is abducted and held for some kind of ransom. However, New Jersey law also broadly defines kidnapping as any situation where someone is abducted or confined to: Facilitate some other...
Did predictive profiling result in your arrest?
Crime rates throughout New Jersey vary considerably by city and even by neighborhood. Police agencies use the data compiled from these areas to determine where to use more resources in crime deterrence efforts. These analyses often lead police to boost their patrols...
Understanding New Jersey’s bias intimidation law
Most people have heard of hate crime laws. Here in New Jersey, we have a crime that’s called “bias intimidation,” which is our version of a hate crime charge. A person needs to commit an underlying offense to be charged with bias intimidation. For example, recently a...
Reasons why you should never take field sobriety tests
The sun hadn’t even set as you headed out to dinner. But the blue lights of the police car behind you struck fear in your heart. Chances are good the police officer is going to ask you to perform field sobriety tests. Should you comply? Sober people can flunk field...