Criminal Defense Law Blog

United States Sentencing Guidelines for Organizations

The United States Sentencing Guidelines provides federal judges with a set of guidelinesto calculate an appropriate and "reasonable" sentence in criminal cases. These guidelines are intended to encourage fair and consistent sentencing proportionate to the magnitude of the crime committed. In most cases, sentencing guidelines suggest a range of months to years of prison time, in addition to a period of supervised release. Other sentences may call for a period opf probation, or a number of hours of community service. However, when the defendant in a criminal action is a corporation or similar organization, the recommended sentences must change. It’s impossible to put a corporation in jail (though individual employees or members may be co-defendants and may face prison time for their own charges).

By Robert G. Stahl, Esq.|2024-08-15T13:41:33-04:00January 19th, 2017|Categories: Sentencing|0 Comments

2016 New Jersey Supreme Court Domestic Violence Year-in-Review

In 2016, the New Jersey Supreme Court issued two opinions of particular importance for attorneys who regularly handle criminal domestic violence cases in New Jersey. In State v. Bryant, decided on November 10, 2016, the Court suppressed evidence found during a protective sweep search of a home after a 911 call reporting a crime of domestic violence. The opinion is extremely important for any defendant who has been charged with a crime based upon evidence uncovered during a police response to a domestic violence call.

By Andrew Olesnycky, Esq.|2024-08-18T13:38:24-04:00January 10th, 2017|Categories: Domestic Violence|Tags: Criminal Defense, Supreme Court|0 Comments

NJ Legislature Seeks to Rein in Civil Forfeitures

On December 19, 2016, the New Jersey Assembly and Senate unanimously passed a much-needed civil forfeiture reporting bill that, if signed into law by Governor Christie, would shed light on a much-criticized practice in which law enforcement agencies reap huge profits by seizing property “connected” to criminal activity, even in cases where no one has been charged with or found guilty of a crime.

By Andrew Olesnycky, Esq.|2024-08-21T23:47:41-04:00January 4th, 2017|Categories: Asset Forfeiture, Search and Seizure|Tags: Criminal Investigation|0 Comments

NJ Appellate Division Clarifies Rules for Social Media Evidence Use at Trial

In the past few years, the explosion in the popularity of smart phones, text messaging, and use of social media has dramatically altered the fabric of our lives in ways that we are only beginning to understand. It has also changed the way that sophisticated attorneys investigate and litigate criminal cases. We all now carry with us detailed records of our conversations, photographs, and even our whereabouts in our mobile phones. For those unlucky enough to become ensnared in a criminal case, those records can become evidence of incalculable value. This is especially so for cases of domestic violence, where the parties almost always have created a voluminous record of communications in the form of text messages and online chats by the time a contested matter goes to trial.

By Andrew Olesnycky, Esq.|2024-08-18T17:29:33-04:00December 23rd, 2016|Categories: Criminal Investigation|Tags: Criminal Defense|0 Comments

Pretrial Suppression Motion

One of the most critical principles outlined in the United States Constitution is the idea that every person has certain rights that must be upheld and protected, even when that person is accused of or suspected of committing a crime. These protections benefit everyone, guilty and innocent alike, and one of the first things an experienced criminal defense attorney will do in preparing your case is determine whether any of your rights were violated in the course of the investigation conducted by law enforcement that led to your being charged with a crime. If any grounds exist on which to claim that your constitutional rights were violated, your attorney can rectify this by filing a pretrial suppression motion to exclude from consideration any evidence that law enforcement obtained by means of that violation.

By Robert G. Stahl, Esq.|2024-08-20T18:41:18-04:00December 12th, 2016|Categories: Pre-Trial Procedures|0 Comments

How Bond or Bail is Determined for Criminal Cases

When a person is arrested and charged with a crime, they are in most cases entitled to bail. Bail is not supposed to be punitive, rather it is designed to help insure that the person charged attends all court appearances and follows all conditions of release set by the court. Standard conditions may include travel restrictions to the state, no additional arrests, to report any contact with law enforcement (including motor vehicle stops), surrender of all weapons, regular reporting to pretrial services, and an order against contacting the alleged victim, if applicable.

By Robert G. Stahl, Esq.|2024-08-21T11:53:33-04:00December 12th, 2016|Categories: Bail|0 Comments

What is a Proffer Agreement?

Thanks to television and movies, most people are aware that prosecutors often make deals or agreements with individuals under investigation, wherein the person being investigated is granted immunity from prosecution or a reduction of charges in exchange for providing information to the government. Of course, the details of these negotiations are dramatized for the sake of the narrative; the reality of the situation is far more complex, particularly in white-collar criminal investigations. Almost any immunity or plea arrangement begins with a proffer agreement.

By Robert G. Stahl, Esq.|2024-08-07T17:28:18-04:00December 1st, 2016|Categories: Criminal Investigation, Proffer|Tags: Criminal Defense|0 Comments

Felony Conviction: Loss of Civil Rights

A felony conviction has a serious impact on a defendant’s life, even beyond the obvious immediate consequences of sentencing. A person who has a felony conviction on their record forfeits certain rights that other members of the community enjoy. In some jurisdictions there exists a process by which an individual can seek to have a felony conviction expunged from their record, but even this process may not fully restore every right and privilege that the person held prior to their conviction.

By Robert G. Stahl, Esq.|2024-09-03T15:55:17-04:00December 1st, 2016|Categories: Federal Courts, Felony, Penalties, Prison|Tags: Criminal Defense|0 Comments

What to Do When FBI Agents Come Knocking

It’s 6 a.m. or 8 p.m., your doorbell rings and two people are standing outside holding up their badges and credentials. They say they are Special Agents with the FBI and would like to talk with you for just a few minutes about something important. They ask if they could come in to speak with you privately. Caught off-guard, and not wanting them to think that you have anything to hide, you invite them in (and, of course, you don’t want your neighbors to see them talking to you on your front steps). The agents are “friendly” and just have a few questions to get your input, your side of things. You decide to talk to them, only for a few minutes, in the comfort of your own home or office. At the end, they thank you for your time and hand you either a grand jury subpoena or a “target letter.” They say that you should get an attorney, or if you can’t afford one, the court will arrange for an attorney for you.

By Robert G. Stahl, Esq.|2024-08-15T14:02:22-04:00November 16th, 2016|Categories: Criminal Investigation|Tags: Criminal Defense, Investigation|0 Comments

The Financial Realities of the Criminal Justice System

Your client comes to you and says that he “wants his day in court,” he wants to fight the charges all the way and that he will never plead. You sit down and carefully review the facts of the case, the evidence known to date, the potential defenses, and eventually the potential penalties he faces. You then discuss what it will cost to defend the case, the amount of time and money it will take to thoroughly review the discovery, conduct your own investigation, research the issues involved, draft the motions, argue the motions, trial preparation and trial. The client sits there stunned. Having never before had to pay for anything more than a simple will, real estate closing or speeding ticket, the idea that the aggressive, full on defense that he wants and needs will cost tens of thousands of dollars for a typical state case, and perhaps hundreds of thousands for a federal case, is sobering.

By Robert G. Stahl, Esq.|2024-08-15T22:21:46-04:00November 11th, 2016|Categories: Plea Bargaining|Tags: Criminal Defense|0 Comments