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...
First, police officers must have a legitimate reason to stop and/or detain an individual. Reasonable suspicion that justifies a brief, investigatory stop, only exists if the person being stopped is engaged in, or is about to engage, in criminal activity. State v....
Once a client hires the law firm in a matter wherein police targeted their vehicle with a radar device, our first step is to file a so called lawyer’s notice of appearance. Simultaneal, we further make a written demand for discovery in speeding cases pursuant to State...
