Criminal Defense Archives

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.|2023-10-02T19:25:08-04:00November 11th, 2016|Plea Bargaining|0 Comments

How Authorities Are Alerted to Child Pornography

Electronic service providers like AOL voluntarily and automatically scan customers’ email transmissions and electronic storage spaces using sophisticated image detection and filtering programs to detect viruses, malware, and illegal images like child pornography. When such scanning reveals that a customer has accessed, transmitted or stored child pornography, the service provider is statutorily required to notify the National Center for Missing and Exploited Children (NCMEC). The NCMEC is obligated by law to then alert federal law enforcement, which can then lead to government investigation and serious criminal charges in state and federal court. Courts have almost uniformly rejected challenges to the search and seizure of child porn discovered in such instances, relying on the private actor doctrine, which excludes searches or seizures conducted by private actors from Fourth Amendment scrutiny.

By Laura K. Gasiorowski, Esq.|2023-10-02T18:57:23-04:00November 1st, 2016|Pornography|0 Comments

How to Choose a Criminal Defense Lawyer

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.

By Robert G. Stahl, Esq.|2022-09-21T10:00:23-04:00October 25th, 2016|NJ Superior Courts|0 Comments

The War On Doctors

There is an alarming trend towards aggressive investigations by state and federal authorities on physicians. Whether it is by the state medical boards, DEA or federal or state prosecutors, doctors’ practices are subjected to heightened scrutiny. While this may be traced to the war on drugs, recent deaths related to the abuse of prescription opioids, and the criticism the DEA has faced for its failure to develop measureable results in its enforcement efforts; the genesis is less important than the trend itself for those subjected to the harsh spotlight of scrutiny.

By Robert G. Stahl, Esq.|2021-05-25T18:15:04-04:00October 24th, 2016|Drug Crimes/Trafficking, Medicare and Medicaid Fraud, Parallel Investigations|0 Comments

Wrongful Convictions Do Happen

Police investigations and criminal trials are, in an ideal world, intended to discover the truth, identify the guilty, and exonerate the innocent. Unfortunately, the world we live in is far from ideal, and investigations and trials are conducted by human beings who are vulnerable to error, prejudice and, at times, outright corruption. Sometimes, despite the sincere best efforts of everyone involved, mistakes are made and a wrongful conviction occurs. Other times, as in the case of Barry Gibbs of New York, something more sinister is at work. Mr. Gibbs served 17 years of a second-degree murder sentence before it was discovered that the investigating detective had framed him to cover up a Mafia-related killing.

By Robert G. Stahl, Esq.|2023-09-29T18:52:42-04:00October 11th, 2016|Convictions|0 Comments

New Jersey Rabbi Pleads Quilty to Federal Charges

A New Jersey rabbi was arrested in 2011, along with eight others, for the alleged kidnapping and beating of a man. The criminal charges involved an alleged conspiracy to convince an Israeli national to grant his wife a religious divorce under Jewish law.

By Robert G. Stahl, Esq.|2021-05-25T18:16:51-04:00September 12th, 2016|Kidnapping Charges|0 Comments