Criminal Defense Law Blog

What is a Search Warrant?

The Fourth Amendment of the U.S. Constitution protects us from unreasonable searches and seizures. Unlike a warrantless stop and search of a car or of a person walking down the street, when law enforcement searches a home or business they have usually obtained a search warrant to do so. A search warrant must be issued by a neutral and detached magistrate (judge); be supported by probable cause; and describe in detail the place to be searched and the things to be seized.

By Robert G. Stahl, Esq.|2024-08-09T15:57:12-04:00March 14th, 2017|Categories: Criminal Investigation, Search Warrants|0 Comments

Andrew Olesnycky Recommended for Supreme Court Criminal Trial Attorney Certification

On March 3, 2017, the newest member of the Stahl Gasiorowski Criminal Defense team, Andrew Olesnycky, was recommended by the Board on Attorney Certification to the Supreme Court for certification as a Criminal Trial Attorney, a designation attained by less than one percent of attorneys practicing law in New Jersey. Andrew joined Stahl Gasiorowski Criminal Defense Lawyers in 2015 after serving for five years as an assistant prosecutor and acting deputy attorney general in the Union County Prosecutor's Office.

By Robert G. Stahl, Esq.|2024-08-18T17:27:43-04:00March 9th, 2017|Categories: Criminal Defense Law Firm News|0 Comments

Are Your Electronic Devices Spying on You?

Between the President’s accusation that the prior President tapped his phones, and WikiLeaks recent exposure of alleged CIA hacking tools and techniques, much has been reported in recent days about the government’s ability to intercept and listen to our conversations over our cellphones; computers; smart home devices such as televisions and baby monitors; products such as Alexa and Amazon Echo; encrypted messaging apps such as Signal, WhatsApp and Telegram; and home security cameras and systems. All of these devices provide potential ways for the government and hackers to enter our seemingly private worlds and eavesdrop. The difference between the government and a hacker, however, is that the government must obtain a court authorized warrant to do so.

By Robert G. Stahl, Esq.|2024-08-21T12:05:42-04:00March 9th, 2017|Categories: Criminal Investigation, Privacy|Tags: Criminal Investigation, Investigation|0 Comments

NJ Bail Reform: Criminal Defendants’ Pitfalls & Litigation Opportunities

In January 2017, the New Jersey Legislature amended the State Constitution and passed legislation to dramatically alter the process by which courts determine whether a defendant is held in jail – rather than released – while awaiting trial. While defendants previously could secure pretrial release by paying bail money to the court, the new system, commonly referred to as, simply, “Bail Reform,” conditions pretrial release upon a judge’s determination of the likelihood that the defendant will fail to appear in court or commit another offense, without consideration of the defendant’s financial resources.

By Andrew Olesnycky, Esq.|2024-08-15T13:53:24-04:00February 8th, 2017|Categories: Bail|0 Comments

Expanding the Use of Experts in Criminal Cases

In many types of criminal cases, the right expert can be invaluable. Whether it is a forensic accountant in a complex fraud or tax investigation; a medical or billing expert in a healthcare fraud investigation; a forensic psychiatrist for a sex abuse or child pornography case; a computer expert for a computer crimes matter; or a drug or gang expert in a serious drug case, the proper expert retained early in the investigation can assist the client’s criminal defense attorney in his or her efforts to prevent the charges from being filed, or to develop a solid defense to aid in plea negotiations or to prevail at trial.

By Robert G. Stahl, Esq.|2024-08-09T12:15:23-04:00January 31st, 2017|Categories: Criminal Investigation, Criminal Trial|Tags: Criminal Defense, Investigation|0 Comments

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