Kentucky v. King and State v. Walker – Search and Seizure Laws Under Scrutiny
Is the pot smoking king safe from cops who knock on his door without a warrant? The answer is yes for the time being, but don’t hold your breath. The Walker case is still open. Of course the New Jersey State Attorney General’s office is appealing this decision to the New Jersey State Supreme Court who will have the final word. If the New Jersey Supreme Court agrees with the lower court it will create another one of those instances where defendants being prosecuted in New Jersey State Court will have more constitutional protections than those being prosecuted in Federal Court under the same facts. Read the rest of this entry »
Why am I being charged twice for the same shoplifting offense?
Why did I get a notice in the mail asking me to pay a $150 Civil Penalty for a shoplifting charge? Isn’t this prosecution in two separate courts? Wouldn't that be considered Double Jeopardy? New Jersey criminal defense attorney Ryan Clark, answers frequently asked questions about civil penalties for shoplifting charges in New Jersey. Read the rest of this entry »
In New Jersey What Are My Miranda Rights Really? – Can They Actually Protect Me?
In New Jersey, as in every other state in this country, everyone who interacts with the police has certain rights commonly referred to as “Miranda Rights.” And by everyone I mean everyone, no matter your race, color, creed, religion, sexual orientation, or even your immigration status. But what are these rights really? And how can they be used to actually protect yourself? These questions and some others will be addressed here. Read the rest of this entry »
You Have the Right to Remain Silent – But You Better Speak Up
Let’s say there is a police officer asking you questions, telling you that you can only help yourself out if you start talking to them. You know you have a right to remain silent- if you just don’t say anything does the officer have to stop asking you questions? By saying nothing haven’t you invoked your right to remain silent? After the U.S. Supreme Court’s June 1st, 2010, decision in Berguhis v. Thompkins, the answer unfortunately is no. The Court, in a narrowly split decision, once again has limited the protections against police abuse that are enshrined in your Miranda rights. Read the rest of this entry »
Changes in NJ Law Allows for Sentencing Options for Drug Crimes in School Zones
January 2010 - Changes in NJ laws allows judges sentencing options for accused individuals charged with school zone offenses. If you or a family member has been charged with a school zone offense or have recently been sentenced on a school zone offense, our experienced former prosecutors can let you know whether your case qualifies for a probationary sentence and whether your case can be challenged on other legal grounds.
Read the rest of this entry »New Jersey Imposes Mandatory Jail Terms For Certain Firearm Offenses
A New Jersey Sentencing Statutes referred to as "The Graves Act" was amended on January 13, 2008 to include a number of possessory firearm related crimes that were formerly outside the mandatory parole ineligibility sentencing provisions required by the Act. N.J.S.A. 2C:43-6c. Surprisingly, I still run into criminal defense attorneys who are unfamiliar with the implications of this change in the law. A complete recitation of the provisions and its nuances is beyond the scope of this posting. Read the rest of this entry »
Amended New Jersey Expungement Statute – Good News for Many New Jersey Residents
On January 12, 2010, the New Jersey Governor signed into law a number of significant amendments to the New Jersey Expungement Statute.
The changes provide monumentally great news for those New Jersey petitioners who were previously barred from receiving an expungement in New Jersey pursuant to the old statute. The most significant change is the eligibility for expungement of drug offenses that were previously barred. Third and Fourth degree drug distribution convictions for drugs other than marijuana are now eligible for expungement. Read the rest of this entry »
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