Criminal Defense Law Blog

Rapidly Expanding Use of Smart Devices to Solve Crimes

Over the past several months I have written about the increasing use of every day technology that automatically tracks our movements and records our conversations. Cellphones ping off cell towers that give the government access to our daily movements through information stored by carriers like Verizon, AT&T and Sprint. Alexa and other smart home devices can record our conversations and keep track of our search histories. Smart phone apps and Fitbits that track movement, heart rates and other physical activity can be used to track locations, times and other physical attributes that law enforcement can access to investigate a variety of crimes.

By Robert G. Stahl, Esq.|2024-08-15T13:59:56-04:00October 4th, 2018|Categories: Criminal Investigation|Tags: Criminal Defense, Criminal Investigation|0 Comments

Robert G. Stahl Named a Fellow of the American College of Trial Lawyers

The American College of Trial Lawyers (ACTL), a preeminent organization of courtroom-proven professionals from across the United States and Canada, has inducted attorney Robert G. Stahl as a Fellow.

By Robert G. Stahl, Esq.|2024-08-19T19:33:42-04:00October 1st, 2018|Categories: Criminal Defense Law Firm News|0 Comments

Telemedicine – New Frontiers in Medicine and Potential Legal Issues

The United States is slowly moving to catch up with medical practices in some European and Asian countries in using technology to avoid an in-person doctor’s appointment. Without having to schedule and wait for an appointment, take time off from work, or leave home, a person can have common aliments diagnosed using their smartphone. Telemedicine is the use of telecommunication and technology to provide clinical healthcare at a distance.

By Robert G. Stahl, Esq.|2024-08-12T15:00:47-04:00September 24th, 2018|Categories: Healthcare Fraud, Medicare and Medicaid Fraud|0 Comments

The President’s Tweets Undermine Our System of Justice

With Tuesday’s convictions in the criminal trial of President Trump’s former campaign chairman Paul Manafort, Special Counsel Robert S. Mueller III, has garnered five guilty pleas and 32 indicted individuals still pending. In addition, yesterday’s guilty plea in the S.D.N.Y., by Michael Cohen, the president’s former lawyer and self-styled fixer, admitting to making payments to two women who allegedly had affairs with President Trump in violation of campaign finance laws at the direction of the President along with other charges, demonstrate that our system of justice is working as it should.

By Robert G. Stahl, Esq.|2024-08-12T12:35:17-04:00August 23rd, 2018|Categories: Tax Fraud|Tags: Money Laundering, Tax Fraud|0 Comments

The Government’s Main Witness is a Liar and a Criminal – Happens Every Day

Rick Gates, Paul Manafort’s former business partner, is the star witness in the first trial resulting from the Special Counsel’s Russia collusion investigation in federal court in Virginia. Gates pled guilty to felony charges and agreed to testify against Manafort in an effort to receive a substantially reduced sentence. The government and defense agree on one thing – the cooperating defendant/witness is guilty of financial crimes, moral misdeeds and has lied repeatedly in the past. Despite that, Gates is on the witness stand, under oath testifying as a government witness in a highly publicized trial of great public interest.

By Robert G. Stahl, Esq.|2024-08-20T09:48:03-04:00August 9th, 2018|Categories: Plea Bargaining|0 Comments

Driving While High – There May Soon be a Breathalyzer for Pot

With the legalization of marijuana for recreational and medicinal uses across the country, police and legislators are scrambling for accurate devices that can detect a person’s impairment for driving under the influence of marijuana. Most law enforcement agencies rely on observation and specific cognitive and field balance tests by certified drug recognition experts (DRE). However, none are scientifically accurate to detect the level of impairment.

By Robert G. Stahl, Esq.|2024-08-20T09:59:23-04:00August 6th, 2018|Categories: Criminal Investigation, Drug Crimes/Trafficking|0 Comments

Is the NJ Attorney General’s moratorium on marijuana prosecutions a “move toward decriminalization?” Probably not.

When New Jersey Attorney General Gurbir Grewal issued a memorandum yesterday ordering local prosecutors to temporarily halt marijuana prosecutions in municipal courts until September, news outlets, including the New York Times, called it a possible "step toward decriminalization." Amol Sinha, American Civil Liberties Union of New Jersey executive director, praised the move, stating that "[b]y directing prosecutors to pause adjudication of marijuana cases, this letter starts that [decriminalization] process." Marijuana trade magazines were even more effusive.

By Andrew Olesnycky, Esq.|2024-08-16T11:23:22-04:00July 25th, 2018|Categories: Drug Crimes/Trafficking|0 Comments

Much Needed Reform Coming Soon (Hopefully) to New Jersey’s Municipal Courts

New Jersey, a small but densely populated State, has 21 counties and 565 municipalities. Right now there are 515 Municipal Courts - 316 have individual, stand-alone courts, 173 municipalities share services, while the remaining 76 municipalities have agreed to form 24 separate joint Municipal Courts. Each have their own judges, prosecutors, public defenders, court administrators and staff. Municipal courts handle approximately 6 million cases a year -- motor vehicle summonses, violations of municipal ordinances and minor criminal matters.

By Robert G. Stahl, Esq.|2024-08-18T13:23:17-04:00July 25th, 2018|Categories: NJ Municipal Court, NJ Superior Courts|0 Comments

Why There Are So Few Federal Criminal Trials

After more than two years of careful research and deliberation, the National Association of Criminal Defense Lawyers (NACDL) released The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It. The “trial penalty” refers to the substantial difference between the sentence offered prior to trial versus the sentence a defendant receives after a conviction at trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. The report notes that to avoid the trial penalty, defendants must surrender fundamental rights which are essential to a fair justice system. The release of this report has garnered support from leading criminal justice reform entities, all of which agree that the incursion on the right to a trial poses a clear threat to justice.

By Robert G. Stahl, Esq.|2024-08-15T14:45:44-04:00July 11th, 2018|Categories: Criminal Trial, Federal Courts, Federal Plea & Sentencing Mitigation|Tags: Federal Crimes|0 Comments

The U.S. Supreme Court Slowly Enters the 21st Century

Last week’s decision in Carpenter v. United States, a 5-4 decision that the government must obtain a court-authorized warrant for cell site location information (CSLI), is a small step toward recognizing privacy rights in an age of ever-expanding technology. Most people do not realize that their cell phones are capable of tracking their every movement - 24 hours a day, 7 days a week. As we move about, our cell phones ping off of the nearest cell tower. Several times a minute our cell phones contact the nearest cell tower. Our cell providers collect and store that information. Examining that information can reveal a person’s daily movements with a fair degree of accuracy, usually within hundreds of feet to a few miles. Each tower has time-stamped records for every cell phone that pinged off of it, and more specifically, which direction on the tower’s multiple receivers.

By Robert G. Stahl, Esq.|2024-08-16T17:00:52-04:00June 28th, 2018|Categories: Criminal Investigation|Tags: Criminal Defense, Supreme Court|0 Comments