Civil Rights
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 »
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 »
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Located conveniently next to the courthouse, our New Jersey criminal defense attorneys take cases throughout the state including Monmouth County, Ocean County, Mercer County, Somerset County, Union County, and Middlesex County, NJ.
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