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...

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...

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...

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 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...

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...

New Jersey bail reform proponents are still celebrating and will tell you that the State’s bail reform law, which took effect in January of 2017, has been a wonderful success. Proponents will also argue that the State’s pretrial services program is a successful &...

Over the years, in representing hundreds of clients who have been charged with Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) offenses, the same questions are frequently asked. While this is a list of common questions, this firm has been asked,...