On June 23, 2022, the Supreme Court of the United States issued a decision that dramatically altered a citizen’s ability to carry a firearm outside one’s home. New York State Rifle & Pistol Assoc. v. Bruen, No. 20-843, was a challenge to New York State’s Law requiring justifiable need and good cause for an [...]
Cybercrimes – hacking, phishing, ransomware and the like - are well-known to every user of the internet. We are bombarded weekly with emails and texts claiming that we need to update our passwords, personal profile, and the like. Now comes the rise of what has been called “romance scams”. The typical scheme starts with [...]
In response to a dramatic surge in car thefts across New Jersey, State Attorney General Matt Platkin announced today that he is reversing a policy that prevented police officers from pursuing stolen cars. In late 2021, Platkin effected a statewide policy that prohibited police from chasing a stolen car unless they suspected it had been used [...]
When someone is being investigated or charged with a criminal offense, it is one of the most stressful and unnerving times of the person’s life. It is common to feel overwhelmed and uncertain about who to hire and what to ask in the initial consultation with a criminal defense attorney. Below are some tips on [...]
Robert Stahl recommends virtual proceedings for routine court proceedings for criminal defense cases, but substantive matters including pre-trial motions, hearings and trials continue to be conducted in person.
One of the great tragedies of the COVID-19 pandemic has been the thousands of New Jersey pretrial detainees who – despite being presumed innocent and not having been convicted of any crime – are languishing in unsafe conditions in county jails while courts remain closed to jury trials. On February 11, 2021, the New Jersey Supreme Court endorsed the reopening of thousands of detention hearings by inmates detained for longer than six months, citing the “due process concerns” caused by the unexpectedly lengthy suspension of criminal trials in New Jersey.
In an extremely controversial 4-3 opinion, the New Jersey Supreme Court upheld trial and Appellate Division rulings compelling a defendant to provide his cellphone passcode pursuant to a search warrant. The defendant was an Essex County Sheriff’s Officer accused of providing a drug dealer confidential information about an investigation into the dealer and his co-conspirators.
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.
New Jersey Supreme Court curtails criminal harassment statute in State v. Burkert, limiting a common vehicle for domestic violence charges
New Jersey’s criminal harassment statute has long occupied the space in which the messiest family law disputes cross over into the realm of criminal law. Although there are indeed many legitimate cases of harassment that deserve punishment, in recent years New Jersey appellate courts increasingly had noted that the harassment statute too often criminalized “ordinary domestic contretemps” – i.e. the non-violent verbal sparring that accompanies the disintegration of a marriage or romantic relationship. In the view of the courts (and many frustrated family law and criminal attorneys), New Jersey’s harassment statute was too permissive in allowing an angry spouse or romantic partner to file criminal or civil domestic violence charges after being subjected to hurtful or vile insults, even where there had been no actual violence or threat of harm.
Choosing the right attorney to represent you in a serious criminal investigation, arrest or Indictment, is critical to the outcome and potentially the client’s freedom. While many lawyers advertise that they “handle all types of criminal matters,” upon closer examination you may likely find that these firms are generalists that handle motor vehicle tickets, minor drug charges, divorces, personal injury and the like. That may not be the firm that you would entrust your freedom to.