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Criminal Law Blog

Vacating Restraining Orders

March 29, 2017 | by Einhorn Barbarito

Since the beginning of the domestic violence procedure in New Jersey, innumerable final restraining orders have been entered. Months or even years often pass, and the final restraining orders continue in full force and effect. Unless the order is removed, the final restraining order will continue to interfere with the […]

In its recent decision, the New Jersey Supreme Court has abandoned a long-standing rule of law in plain view search and seizure cases. In State v. Gonzales, the court ignored its long-standing reliance on the inadvertence requirement in plain view searches.  Those searches arise when the police have no warrant, […]

Criminal Law Blog

Rahami Legal Limbo

September 23, 2016 | by Einhorn Barbarito

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 […]

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