New Jersey Criminal Defense Blog
Proposed changes to New Jersey’s jury exclusion laws
Formerly incarcerated individuals are spearheading a legislative initiative in New Jersey that could improve jury selection. These efforts aim to amend the state’s stringent jury exclusion laws, which are among the nation’s strictest. New Jersey’s laws currently prevent anyone with an indictable offense from serving on a jury, which negatively...
The impact of an indictable offense conviction in New Jersey
Being convicted of an indictable offense in New Jersey may feel overwhelming. From direct punishments to the impact on one’s future and public perception, the effects can be significant and far-reaching. Learning more about how they affect a person’s daily life may help individuals facing this scenario. Fines When someone faces...
The foundations of self-defense in New Jersey
Self-defense is a natural right that allows someone to protect themselves or others against harm. However, self-defense sometimes gets misinterpreted as assault, leading to criminal charges. There are a few things to understand about self-defense laws and your legal rights. What the law says New Jersey law allows the use...
You might need a defense attorney while vacationing in Atlantic City
Vacations are for relaxation and enjoyment, but sometimes unexpected legal issues can arise. Not only does this put a damper on your getaway, but it likely entails a great deal of stress. Atlantic City, with its vibrant nightlife and bustling casinos, is a popular destination for tourists. However, finding yourself...
What to know about Ocean City’s Backpack ban and curfew
Ocean City, a popular shore town in New Jersey, has recently taken decisive action to address concerns regarding underage drinking, vandalism and other incidents. Mayor Jay Gillian has enacted new policies with the intent of curbing these issues and preserving the town’s reputation as “America’s Greatest Family Resort.” Two significant...
What are the punishments for shoplifting?
Shoplifting is a crime where a person intends to take an item from a retailer without paying. It also includes altering the price to pay less for the item than the retail price. In New Jersey, the penalties for a shoplifting charge depend on the value of the items stolen....
Melissa Rosenblum, Esq., installed as President of Atlantic County Bar Association
A press release from the Atlantic County Bar Association can be read below, reprinted with permission: Melissa Rosenblum, Esq. was installed as the 146th President of the Atlantic County Bar Association (ACBA) at a ceremony on May 25, at Linwood Country Club in Linwood, NJ. Administering the oath of office...
Were you accused of cheating in a New Jersey casino?
Cheating in a casino can have serious repercussions. In New Jersey, casino establishments have stringent rules and regulations to ensure fair play, and violating these can lead to consequences, including hefty fines, bans and even criminal charges. If accused of cheating, you should follow the right steps to mitigate potential...
How does the New Jersey driver’s license point system work?
Safety on New Jersey roadways is a high priority for the state’s Motor Vehicle Commission. For that reason, the authorities penalize drivers for traffic violations by assigning a number of points to their licenses to match the severity of the infraction. Tracking traffic violations through a points system allows the...
Attorney’s office raises support for Jewish Family Service
Criminal defense attorney and JFS Vice President Rosenblum announced that her firm will be raising its financial support to $5,000 annually for the next two years. “At JFS, we are grateful for Melissa’s philanthropic commitment and volunteer efforts helping those in need as she proudly gives back to the community...
Utilizing New Jersey’s Veterans Diversion Program
Advocates for criminal justice reform have long argued that, for many offenders, treatment and support are more effective and more just than simple punishment. Although the justice system is resistant to change, this idea has caught on, particularly regarding military veterans whose offenses are likely tied to post-traumatic stress disorder...
The importance of unanimous verdicts in criminal cases
In New Jersey, there are some important distinctions between juries in civil trials and those in criminal ones. In a civil trial (a lawsuit regarding something other than a criminal matter), there are typically six jurors that will decide the outcome, compared to 12 jurors in a criminal trial. The...
Facial recognition technology continues to result in false arrests
Who gets to decide which technology law enforcement agencies can use in their efforts to investigate crimes and secure convictions? Unfortunately, they do. In the absence of explicit bans, use of investigative tech is largely unregulated. This is a problem, because much of this technology is either unproven or has...
Did prosecutors go too far in this child pornography case?
Everything related to criminal justice – from the way laws are written to the manner in which police and prosecutors enforce them – has both intended and unintended consequences. In some cases, those consequences can be disastrous for individuals who, by most people’s judgments, have done nothing wrong. The most...
When self-defense results in murder charges
A common legal defense against violent crime charges is to claim that the accused was acting in self-defense or attempting to protect others. While this is a legitimate legal strategy, there seem to be disparities in who is allowed to use it and how effective it is. In this post,...
Addressing unfair disparities in drug laws and sentencing
Most experts agree that America’s “war on drugs” has been an expensive failure. The costs are not limited to taxpayers, however. Countless Americans have received lengthy prison sentences for non-violent drug offenses. Marijuana, which is now legal or decriminalized in many states, has been at the root of many such...
What are the limits of smartphone searches by law enforcement?
A search of one’s belongings – by anyone – can feel incredibly invasive. You wouldn’t want someone rifling through your purse or backpack, nor would you be comfortable with someone looking around your home for whatever they might happen to find. But for many of us, the most invasive search...
How do lie detector tests work? And are they accurate?
The polygraph, or “lie detector” test, is a well-known piece of technology that most of us have seen in movies and television shows. But how often are these devices used in the “real world?” And are they reliable, or just another example of junk science? Three biological responses measured A...
Is it worth it to fight a traffic violation?
Fighting traffic tickets can seem like a headache you’d rather avoid by just paying a fine and moving on. It can be cumbersome and may take time and money. However, in certain cases, doing so can have significant short- and long-term benefits. How a traffic violation can affect you It...
New Jersey legislator wants to make open arrest warrants public
Whenever legislation is introduced, it is critical for lawmakers to consider the unintended consequences as well as the intended ones. Nearly every law has drawbacks, sometimes major ones, and well-intentioned legislators often fail to consider how their proposals could be more harmful than helpful. That may be the case with...
Can I refuse a breathalyzer test in New Jersey?
When you are pulled over after perhaps one too many drinks and asked the take a breathalyzer test, your initial instinct might be to refuse, so there’s less evidence against you. However, refusing a breathalyzer in New Jersey may only worsen your situation. Can I refuse a breathalyzer? Technically, yes,...
State’s new marijuana law leads to huge drop in arrests
In early 2021, New Jersey enacted a law legalizing possession of small amounts of recreational marijuana. In doing so, it joined a growing list of states choosing to decriminalize or legalize marijuana use, even as the drug remains illegal under federal law. Those pushing for legalization argued that arrests and...
Could tech company spying on your data lead to criminal trouble?
Companies like Google, Apple and Facebook sometimes know more personal information about us than certain family and friends. And while big tech companies are quick to point out how they are keeping our data safe from others who may be trying to access it, they omit the fact that our...
How a DUI might impact your job prospects
If you are charged with driving while intoxicated in New Jersey, you may face a range of consequences. In addition to any legal sanctions that you might be subject to, a drunk driving conviction may also cause a significant interruption to your career. There are many ways in which being...
New Jersey’s highest court reaffirms Fourth Amendment protections
We have previously written on this blog about the protocol for conducting law enforcement searches. Generally speaking, for a search to be considered legal, police must obtain a search warrant, issued by a judge, based on probable cause that a crime has been committed. If police were allowed to search...
New Jersey Will Soon Enact Important Jury Selection Reforms
The Sixth Amendment to the U.S. Constitution guarantees anyone accused of a crime the right to a trial by a fair and impartial jury. Many believe that to be fair and impartial, the makeup of the jury (gender, race, socioeconomic status, etc.) should reflect the general population of the area....
Rethinking sex offender registries, especially for young offenders
In theory, sex offender registries are a useful and important tool for public safety. They are meant to make it easy for members of a community to know when a dangerous repeat sex offender is living among them. For this reason, sweeping legislation like “Megan’s Law” have widespread public support...
Brain science raises questions about charging young offenders
When does someone become an adult, capable of making adult decisions and fully responsible for the consequences when they make poor choices? In the United States, the number that we’ve chosen is age 18. This is the age of legal adulthood in most respects. But should it be? As brain...
Is body language a good crime-solving tool? Science says no.
You’ve likely watched police procedural shows in which a body language expert is able to tell that someone is hiding something. You may have seen books about “how to spot a liar,” or even TED Talks about how to use your own body language to control the messages you are...
Rates of speeding and risky driving remain high nationwide
Although The Covid-19 pandemic isn’t technically over, life has largely returned to normal for many Americans. But certain things associated with the pandemic haven’t gone away. It is still common to see people wearing masks. It is still protocol to sanitize surfaces in many public places. And, perhaps oddest of...
Judge sends mixed messages on use of controversial search tactic
The technology we all carry around in our pockets has made it easier than ever for businesses and the government to invade our privacy. One of the strongest examples of government privacy intrusion is what is known as a “geofence warrant.” Use of this investigative tactic has been controversial, and...
Prosecutors slowly move away from trying teens as adults in court
There are two criminal justice systems in the United States: one for adults and another for minors. The principle underlying the juvenile justice system is that children are still developing, which means they should be considered less culpable for the things they do wrong and more capable of reform. Unfortunately,...
Understanding your right to ‘plead the Fifth’ in a criminal case
If you follow the news, you see it all the time: Someone being interrogated and refusing to answer by invoking their Fifth Amendment rights. Why can they refuse to answer? And what are they citing in doing so? This is an important topic for anyone facing criminal charges or otherwise...
Man convicted based on junk science exonerated after 30 years
Previous posts on this blog have focused on the problem of “junk science.” Shows like CSI and other police procedurals have given the public the impression that forensic science is highly advanced and almost never wrong. Sadly, that’s far from true, but the misconceptions created by these shows are biasing...
New Jersey judges skeptical of conclusions of shaken baby syndrome
Alleged crimes committed against infants and children tend to evoke strong visceral reactions from juries and the public alike – especially when the defendant is a family member or caretaker. This makes sense, because children are innocent and largely defenseless, and because adults are responsible for their care and protection....
Would you falsely confess to a crime? You might be surprised.
In the realm of criminal justice, its seems that no evidence is stronger than a confession of guilt. Suspects confess, and jurors believe them, because no one would admit to a heinous crime that they didn’t commit. Or would they? Sadly, false confessions are a serious problem in the United...
Cocaine charges in New Jersey
New Jersey laws regarding cocaine can be severe, depending on the circumstance. Someone intending to traffic large amounts of cocaine in the Garden State may face a lengthy prison sentence if arrested and convicted. A suspect caught with a small amount for personal use may face less serious charges and...
Police mistakes that can aid DUI charges
When a driver in New Jersey, gets charged with a DUI, they often think that they have no recourse to fight the charges. However, sometimes, police make mistakes that could help their case. Lack of reasonable suspicion or probable cause To check a driver for DUI, the officer needs reasonable...
What juvenile suspects should know when speaking to law enforcement in New Jersey
Police officers in New Jersey often use coercive interrogation tactics to get suspects to confess to crimes. This is a dangerous practice, especially when the suspect is a juvenile. This article discusses how this could affect minors and provides some tips you can use to protect your child(ren). Police deception...
New Jersey lawmaker seeks to reduce overall police traffic stops
There has been a nationwide reckoning in recent years about how quickly interactions between police officers and citizens can escalate and become deadly. At the same time, there have also been calls to address racial disparities in policing, a problem backed by statistics as well as anecdotal evidence. While these...
Know the risks of being interrogated without an attorney
When suspects are arrested on television and in movies, they are told they have certain rights, including the right to remain silent and the right to an attorney. This is called the “Miranda warning,” and police must use it in real life as well. The warning is so common that...
Criminal records keep qualified workers out of good jobs
American employers are currently facing a rare problem. Because of the pandemic and a multitude of other factors, there are for more open jobs than there are workers to fill them. For many in the labor force, this has made it far easier to push for higher wages and to...
Average jail stays on the rise, report notes
In recent years, there has been a lot of conversation about criminal justice reform, especially related to length of jail/prison sentences. Some meaningful reforms have been introduced, but there is still much work to be done to solve the problem. According to a recent report, the length of time that...
Public support grows for reducing low-level traffic stops
Each day in the United States, police officers initiate an estimated 50,000 traffic stops, which amounts to 20 million stops per year. If you’ve interacted with a police officer in the past few years, it was most likely during a traffic stop. Some stops, for offenses like speeding and suspected...
How much should we trust eyewitness testimony? Part II
In our last post, we began a discussion about the problems of eyewitness testimony in criminal cases. Juries and the public in general tend to give a lot of weight to eyewitness testimony, but numerous studies have shown that these accounts are often far less accurate than we’d like to...
How much should we trust eyewitness testimony? Part I
For much of human history, the best way to prove someone’s guilt was to seek testimony from someone who saw the crime occur. In fact, before forensic evidence came into its own, eyewitness testimony was sometimes the only way to secure a conviction. To this day, juries find eyewitness testimony...
Report reveals widespread violations of attorney-client privilege
Anyone charged with a crime has the right to an attorney. This is a Constitutional right and one of the cornerstone principles of the U.S. criminal justice system. The right to counsel (or legal representation) only has meaning if the accused person and their attorney can communicate freely without worrying...
New Jersey heroin charges
If you or your loved one is facing charges of the possession and/or the distribution of heroin in New Jersey, the potential penalties could negatively affect your life. Since it is classified as the most highly addictive and destructive drug, law enforcement aggressively pursues offenders. Here are some penalties you...
Facial-recognition technology leads to wrongful arrests
The state’s attorney general ordered law enforcement to stop using facial-recognition software in 2020. This was after a New Jersey man was wrongfully identified in 2019 by facial-recognition software in a police cruiser as a shoplifter when the suspect fled the scene. The misidentified man then went to law enforcement...
Advocates propose resentencing units
There have been few bipartisan laws at the federal level in recent years, but one that stands out has been to revamp the criminal legal system. This is in response to the tough-on-crime sentencing practices of the 1980s and 1990s, which incarcerated defendants for years even when they committed non-violent...
What to expect after an arrest
Anyone can find themselves entangled in the criminal justice system. Whether law enforcement arrested you wrongfully, arrested you due to some error or you made an unfortunate choice that led to your arrest, you are probably wondering what happens next. What are the steps following an arrest? New Jersey law...
Simple assaults common in NJ casinos
People come to Atlantic City expecting to have a good time. However, sometimes things can get out of hand, and suddenly someone can become embroiled in a dispute or fight. They then may find themselves arrested and charged with simple assault. Simple assault typically involves a fight, attack or threat...
Disorderly conduct can lead to trouble in Atlantic City
Atlantic City has a long history as a fun town to visit. The casinos make sure that there are plenty of opportunities for gambling, drinks, food, and a good time. However, they want this to be done in what they believe is a safe and respectful manner. If security feels...
Challenging toxicology evidence in DUI cases
Most New Jersey motorists arrested on drunk driving charges are taken into custody after failing a breath test during a routine traffic stop. The portable breath-testing devices used by police officers in the field are not considered reliable enough to provide evidence that can be used in court, so DUI...
Is law enforcement too aggressive with traffic tickets?
When police face claims about excessive behavior, the first scenario that comes to mind is an incident involving unreasonable force. In New Jersey, some worry that law enforcement might act unreasonably and excessively in other areas of their formal duties. Specifically, concerns exist about whether the police have become overly...
Right to bear arms not a given in NJ
People buy, own and carry guns for a variety of reasons. Some cannot imagine going anywhere without one, particularly if they are traveling by car. Unfortunately, state laws on carrying a weapon vary, which can lead to confusion. New Jersey has some of the most restrictive gun laws in the...
Casinos protecting themselves in domestic violence cases
Phillies outfield Odubel Herrera made national news in 2019 when he was arrested for domestic abuse at Atlantic City’s Golden Nugget Hotel and Casino. He was charged with simple assault and quickly placed on administrative leave by the team as part of a Joint Domestic Violence Policy between Major League...
Fighting a temporary restraining order
Those accused of domestic violence must take these charges seriously regardless of how flimsy they think the proof is. One way to do this is by defending themselves against a temporary restraining order (TRO) issued during an investigation. A TRO prevents the defendant from calling or visiting the alleged victim’s...
How does probable cause affect a DUI?
When an officer pulls over a driver on suspicion of DUI, they are looking for signs of probable cause to make their arrest and justifying the stop. In the case of driving under the influence, they are looking for signs of an intoxicated driver. Besides a breathalyzer test or a...
The potential penalties for underage gambling
In the state of New Jersey, it is illegal for anyone under the age of 21 to gamble. Those who are convicted of such a charge will have a disorderly persons offense added to their criminal records. It’s worth noting that anyone who allows a minor to gamble could also...
Steps for managing a reputation after arrest
Those who face criminal charges may face time in jail, fines and other serious penalties levied by the court. However, those faces charges often find that they quickly become outcasts in their community. It can be digital blacklisting and shaming done to celebrities and public figures accused of misbehavior. Still,...
Inmates eligible for early release still held
The Garden State made news in March when it announced that it would furlough or switch to home confinement 1,000 prisoners to reduce the crowding in its prisons, which had about 18,500 inmates in custody. We made news again when it became clear that the state released fewer (the numbers...
Some teens prone to sexting
Teens go nowhere without their devices these days. This enables them to be in constant communication with friends and family. However, there can be another side to this, even if those devices are used for sexting, which is sharing sexually explicit messages, photos or videos. According to a recent study...
Why speeding tickets are a serious issue
A few decades ago, receiving a speeding ticket was not a major issue for New Jersey drivers. While demerit points were issued for certain speeding infractions, those who were cited rarely lost their driving privileges, and there was little financial repercussion other than paying the fine and a reasonable court...
What constitutes a lawful arrest for domestic violence in New Jersey?
It is true that no relationship is perfect. While this likely means that couples will have their ups and downs as well as disagreements, it does not mean it is normal for these arguments to get heated and violent. Nonetheless, violence is part of society, resulting in some individuals facing...
A quick look at the process of a juvenile crime case
If your child has been charged with a juvenile crime, then you’re probably worried about their future. After all, some juvenile offenses can have a profound impact on your child’s future, not the least of which is his or her future. The best way to address these matters, though, is...
Multiple traffic tickets can come with consequences in New Jersey
Most motorists receive at least one traffic ticket during their driving career. Yet, you might have received several citations within a short period, and you may fear that these will cost you your license. This may be possible, depending on the nature of your offenses. But there are ways to...
How juvenile offenders can avoid jail time
The juvenile justice system in New Jersey differs in its approach to justice compared to the adult system. The priority for juvenile courts in the state is making decisions that represent the best interests of a child. And even when juveniles become adjudicated as “delinquent,” the state’s focus on rehabilitation...
Don’t underestimate the value of witness credibility
There are a lot of ways that prosecutors can build a case against you. Sometimes they have hard physical evidence to support the charges thrust upon, but in other situations their case is mostly circumstantial in nature. Regardless of which type of case you’re facing, one thing is for sure:...
Defenses against DWI Charges
Too many people make the mistake of assuming there is no defense against charges for driving while intoxicated (DWI). A DWI’s consequences can affect you for years or longer, which makes giving up one of the worst things you can do for your future. The consequences for even a first...
Don’t immediately accept breath test results: here’s why
Drunk driving allegations have to be taken seriously. If they aren’t, then you could wind up facing penalties that negatively impact your life in a multitude of ways. To start, you might be stripped of your freedom by being forced to serve jail time. Additionally, your license might be suspended...
Finding a job after being released from prison
Facing charges of crime is enough for many people to give up on any hope of living a productive and successful life. However, just because a person commits a crime, does not mean their mistakes have to dictate the outcome of their life. Upon their release from prison, many people...
What are the penalties for multiple DUIs in New Jersey?
In 2019, New Jersey updated its laws governing the penalties for driving under the influence (DUI). The state’s new statutes prioritize safety and rehabilitation by mandating the installation of ignition interlock devices on offenders’ vehicles. Furthermore, these laws have decreased the length of sentences and license suspensions for lower-level offenses....
Your rights when confronted by the police
Even with setting aside the current pandemic, we are enduring a very turbulent time in our country as police and race relations sit atop a seemingly never-ending list of controversial and debated subjects across political, cultural and social aisles. While law enforcement officers swear to abide by a code of...
Covid-19 causes a surge in domestic violence
The year 2020 has been one of the most stressful on record. The combination of the pandemic, loss of work, sheltering at home, isolation, and even the ongoing political dialogue all add to it, pushing some beyond the breaking point. One outgrowth of that stress has been the increasing number...
Use illegal searches to your advantage when facing drug charges
It happens on a daily basis; an individual is driving when all of a sudden, they see flashing lights in their rear-view mirror. Their heart pounds. Their palms sweat. And before they know it, their car is being searched and they are being accused of a crime, such as a...
Challenging an Assault Charge
Have you gotten into a fight lately? If so, then you might have found yourself coming face-to-face with assault charges. These types of charges can be quite serious, resulting in incarceration upon conviction. Additionally, an assault charge on your criminal record can affect you for years to come by making...
State Supreme Court just made it easier to search cell phones
We have come to rely on our cellphones as our primary mode of communication and so much more. From accessing the internet to finding a gas station to paying for goods and services, there is more personal data stored on those convenient handheld devices than anything else we own. The...
Jury trials to resume in September
Both criminal and civil trials were suspended here in New Jersey since the onset of the pandemic. Now the Supreme Court announced that trials would begin again in September. Jury selection will be a combination of in-person proceedings as well as remote. The hearings will be in-person with all social...
Six bills target mandatory minimum sentencing in NJ
Lawmakers at the state and federal level have revisited mandatory minimum sentencing in recent years, often focusing on those that apply to non-violent crimes. Now lawmakers introduced six more bills that seek to implement the recommendations made by a bipartisan Criminal Sentence and Disposition Commission chaired by former New Jersey...
Be aware of the ramifications of domestic violence allegations
Almost everyone gets into a verbal altercation at some point in their life. Most of the time, these disputes fizzle out with nothing more than some feelings of anger and hurt emotions. Then, life goes on. But this isn’t always the case. In fact, some disputes turn physical in nature...
New Jersey man convicted of driving while intoxicated, but he wasn’t driving
Everyone knows that DUI stands for “driving while intoxicated.” In other words, you can drive, you can drink alcohol, but you cannot drive after drinking alcohol. But a recent decision by the New Jersey Superior Court, Appellate Division, tells us not to take the “driving” part of DUI so literally....
What are your rights during a traffic stop?
Whether you are commuting to work or heading home after a get-together with friends, seeing the flashing lights of a police cruiser can be a stressful situation. Why are they pulling you over? Will you be treated fairly? What are your rights when you are stopped by the police? You...
Defending domestic assault charges
Arguments with a loved one can be extremely frustrating; they know just how to push your buttons. The angrier you become, the less you consider the impact of the words you say and the actions you take. If you lash out and physically assault your partner, you may be subject...
Gun purchases spike during the COVID-19 pandemic
During stressful and uncertain times, people often turn to weapons for protection. Guns make them feel safe. As the coronavirus continues to affect the lives of people around the world, more and more people are purchasing firearms, ammunition and accessories. Although they were not initially deemed essential, on March 16,...
New Jersey’s new DUI law offers some give and take
Drunk driving is a serious traffic offense with major ramifications that can affect your ability to work, socialize and manage family activities. New Jersey law has become stricter and more forgiving in how authorities enforce driving under the influence of alcohol (DUI). This could impact when you might be able...