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,...

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...

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...

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...

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...

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.    ...

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...

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...

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...

It may be possible, in these cases where defendants have exhausted their appeals, for them to file for post-conviction relief (PCR). Pursuant to New Jersey Court Rules, specifically, Rule 3:22 paragraph (a), a defendant and/or his new attorneys may file a claim if...

There are plenty of naysayers out there relative to the insanity or temporary insanity defense, but thankfully, in New Jersey, our courts do recognize the so-called M’Naghten insanity defense (or M’Naghten rule), and the defendant may be found “not guilty by reason of...

The above is a typical question often time posted by a criminal defendant and/or their family members after pretrial release is denied by the judge. My answer to this question is “maybe” … and I will explain why.  Court Rule 3A was adopted and became effective...