Criminal Defense Law Blog

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

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