The alleged Chelsea bomber, Ahmad Khan Rahami, remains in legal limbo with no ability to obtain legal representation. The federal public defender has been stymied in his efforts to provide legal counsel to the suspect since the federal magistrate found that federal jurisdiction has not yet attached. New Jersey has […]
Criminal Law Blog
The month of May brings warmer weather, graduation parties and college students home for the summer. This is the time your young adult children will want to get a jump on summer parties, when likely beer and creative liquor-infused drinks will be on the menu. Parents are then faced with […]
Arrested for “Defiant Trespass,” and Searched at the Police Station, a Criminal Defendant’s Drug Case Turns on the Statutory Definitions of “No Loitering” and “No Trespassing” and the Meaning of Probable Cause
October 4, 2014 | by Brian KenneyIn 2014, the New Jersey Supreme Court decided State v. David Gibson, a criminal matter that raised questions about the seizure of drugs following an arrest for “defiant trespass.” While many criminal matters revolve around the legality of a search and seizure, the Gibson case focused on the arrest for […]
Drivers Can Be Jailed If Your Passengers Don’t Wear Seat Belts
September 23, 2014 | by Einhorn BarbaritoIn a major decision, the New Jersey Supreme Court declared that a driver’s failure to have his passenger wear a seat belt could result in a jail sentence to the driver if the passenger is either killed or seriously injured. In State v. Lenihan, our Supreme Court confirmed the conviction […]