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Criminal Defense Archives

When are police required to give the Miranda warning?

Life as a person under the rule of law doesn't come with a handbook. That's unfortunate. The volumes of laws on the books in New Jersey and at the federal level fill libraries – literally. Some of the fundamental rules are codified in the Constitution and Bill of Rights, but not all. Over the course of two centuries, some have been added and refined. How can you possibly know what you need to know, and when?

What's the penalty for displaying a fake license plate?

We are a mobile society. That is something East Coast states have recognized since the founding of the country. It is truer today than it was 200 years ago. All you have to do is walk through a packed parking lot and scan the license plates. Most might be from New Jersey, but many will be from other states – perhaps even Canada.

In cocaine cases, what's the prosecution likely to do?

There is no sure answer to the question posed above. Every individual's case is unique because the circumstances always vary. Depending on the specific elements alleged in the formal complaint, charges in cocaine related cases in New Jersey can run the gamut from simple possession to more serious intent to sell and distribution.

Do gender, education and race influence prison sentences?

Stereotypes are extremely prevalent in our society, as unfortunate as that may sound. Many people will make quick, snap judgments about people based on their affiliation with a particular race, gender, nationality, social status, appearance - and even level of education.

Legal troubles can follow false positive police tests

Back in November, we wrote a post about how efforts to relax marijuana laws in New Jersey could face an uphill battle. One of the biggest problems proponents of such a measure may have to deal with is that right now, there is no reliable test for determining how much THC – the substance in marijuana that causes impairment – it takes to affect a person. If no standard can be set, allegations of driving while impaired may deserve to be challenged.

Is faulty evidence leading to wrongful convictions?

What role does eyewitness testimony play in a criminal trial? Unfortunately, a recent law journal article suggests that this type of evidence is both unreliable and incredibly damaging, accounting for around one-third of wrongful convictions. That article relied on data from the National Registry of Exonerations.

New Jersey man faces decades in prison for armed robberies

In recent posts, we’ve discussed the escalated punishment that can apply to repeat offenders. However, any type of felony history might present consequences in mounting an effective criminal defense. This is especially true when it comes to a prior conviction for sexual assault.

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