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...
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 &...
