Often, a defendant will claim that they had to resort to violence in response to a legitimate threat of injury from another person. Additionally, a defendant may claim that they rushed to the defense of another person. Furthermore, perhaps someone trespassed on their...
Rights when it comes to seized property in New Jersey
When any law enforcement agency in New Jersey legally seizes your property as evidence for a suspected crime, they should give it back to you the way they took it after the case is over. However, there are situations where the government can refuse to give you your...
When can you challenge the validity of a search?
Once police gain access to your home or your vehicle, whatever they find could help them build a criminal case against you. The more evidence they have, the harder it may be for you to successfully defend yourself against pending criminal charges. Challenging the...
Why do prosecutors offer plea deals (and should you take one)?
If you were to go off what you see depicted on television, you'd assume that most criminal cases ended up going to trial. That's far from the reality, though. Statistics show that about 90% of all criminal cases end with a plea deal. There are various reasons why...
The rights of defendants to challenge junk science
While science has accepted DNA testing as a generally valid form of evidence for all types of criminal cases, absolute accuracy is not always present. There have been multiple criminal cases where defendants have been convicted based solely on the evidence of DNA...
What occurs after a DUI arrest in NJ?
Motorists who get behind the wheel when they are impaired by alcohol or drugs need to know what will happen if they are arrested by police for suspicion of DUI. From the time you are stopped by police until the time that your case comes to an end, there are many...
A petition urges Patch to stop posting lists of sex offenders
If an individual in New Jersey is convicted of a sex crime, they'll have to register as a sex offender for the rest of their lives. This information is public knowledge and easily accessible to anyone who wants to know about sex offenders in their area. In some ways,...
An overview of embezzlement
If you use corporate or client funds for your own personal gain, you may be guilty of embezzlement. Such crimes include taking money from your company cash register or billing a New Jersey client for services that were never rendered. Embezzlement schemes may involve...
Police must have probable cause to conduct searches
Law enforcement officers and agencies in New Jersey and across the country are limited in their powers by the Constitution and the Bill of Rights. The Fourth Amendment is one of the most prominent limiters on the power of the state. It prohibits unreasonable searches...
A saliva test is being developed to detect driving on marijuana
In New Jersey, police officers are able to identify drivers who are intoxicated through the use of a breath test. It is a more challenging to detect motorists driving under the influence of cannabis. Officers may be able to visually spot these drivers but have little...
