The answer to the above is “maybe” after reviewing the New Jersey Supreme Court’s recent May 27, 2025 decision in M.A. v. J.H.M. In that domestic violence case, the plaintiff’s attorney had called the defendant as a witness, after the estranged wife had alleged the so...
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WHAT HAPPENS TO A DEFENDANT WHO IS FOUND NOT GUILTY OF COMMITTING A CRIME(S) BY REASON OF INSANITY (NGRI)? IS SUCH AN INDIVIDUAL IMMEDIATELY SET FREE??
Following a finding of not guilty by reason of insanity (“NGRI”), the trial court will then order an evaluation of the individual at Grey Stone Park Psychiatric Hospital as said individual begins their so called Krol supervision. (Note: State v. Krol, 68 N.J. 236...
DOES THE N.J. PAROLE BOARD, WHEN CONSIDERING A STATE PRISON INMATE FOR PAROLE, MAKE ITS DECISION BASED ON THE COURT’S ANALYSIS AND/OR COMMENTS AT THE TIME OF SENTENCING?
The answer to the above is "no". First & foremost, a New Jersey Superior Court judge will make a quantitative and qualitative analysis of the aggravating and mitigating factors at the time of a defendant's sentencing...even if there was a plea deal with State...
CAN I BE ARRESTED FOR A TECHNICAL VIOLATION OF A RESTRAINING ORDER?
Many clients that I interact with on a daily basis, especially in the restraining order (TRO/FRO) setting, often ask the above question. I generally tell clients that the better question to ask is if you can be convicted of a technical violation of the law. Generally,...
CAN THE DISMISSAL OF A RESTRAINING ORDER AFTER A TRIAL IN THE FAMILY COURT HELP THE ACCUSED IN A COMPANION CRIMINAL CASE?
Recently, a client of my law firm was charged in a criminal complaint with simple assault in violation of N.J.S.A. 2C:12-1a(1) & other disorderly persons offenses. Pursuant to said statute, a person commits an offense of simple assault if they attempt to cause or...
THE CONTINUED IMPORTANCE OF MIRANDA WARNINGS
If you have ever watched a crime drama or a police procedural show, chances are you have heard the phrase "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford...
OVERVIEW OF THE CRIMINAL JUSTICE PROCESS
The criminal justice system is a complex and multi-faceted entity designed to uphold the rule of law, protect individual rights, and ensure public safety. Understanding the various stages and components of the criminal justice process is crucial for not only legal...
NAVAGATING NEW JERSEY’S PROCESS FOR SEEKING AND OBTAINING ZONING VARIANCES
If you are a homeowner or a business owner and you are looking to improve or use the property, you may have to make an application for a variance with the town that the property is located. In order to obtain the variance you will be required to follow the...
THE BENEFITS OF HAVING A WILL IN NEW JERSEY
In New Jersey, many people wait to prepare a Will or do not have a Will because they feel it is costly and/or unnecessary. However, having a Will is an easy and straightforward process that can make sure your last wishes are followed and to protect your heirs. ...
NEW JERSEY DWI SENTENCING AND STATE V. LAURICK
When a person has multiple DWI convictions in the State of New Jersey, the penalties one faces includes incarceration. If you have a prior DWI conviction and received a second, third, or subsequent DWI, you need to explore all of your defenses, including those...
CAN THE POLICE SEARCH MY CAR, IN NEW JERSEY, WITHOUT A SEARCH WARRANT?
The answer to the above question, which is often asked by my clients is “probably not” in light of cases recently decided by the New Jersey Supreme Court and Appellate Division. However, the factual setting for a law enforcement official’s investigative stop and/or...
Can my guilty plea in a criminal case be used against me in a related civil case?
New Jersey courts have held that guilty pleas in criminal proceedings are evidential in related civil matters as an exception to the rule against hearsay. Specifically, as a statement made by a party-opponent under under N.J.R.E. 803(b)(1). However, “[f]or good...