On November 13, 2018, in a unanimous decision by the New Jersey Supreme Court in State v. Eileen Cassidy (A-58-16), certain breath test results obtained using the Alcotest machine, used in over 20,000 drunk-driving convictions since 2000, were deemed inadmissible. The case arose from criminal charges brought against a State Police Alcotest coordinator who was accused of falsifying testing records on the Alcotest devices in several counties in New Jersey. » Read More
In two recent New Jersey cases, courts addressed important public interests related to the juvenile justice system.
In April, the New Jersey Supreme Court, In re State ex rel. C.K., (2018), ruled that the New Jersey Constitution was violated by a statute that permanently barred juveniles found delinquent of certain sex offenses from seeking relief from the registration and community notification provisions of Megan’s law. » Read More
On January 16, 2018, now-former Gov. Chris Christie signed legislation directing the Office of Legislative Services to prepare racial and ethnic impact statements for each proposed criminal justice bill concerning adults and juveniles. This law arose out of the Legislature’s concern with the disparity between the number of minorities in the population and the number of minorities incarcerated. » Read More
A record of arrest or conviction can be an obstacle to school, jobs, or housing. In New Jersey, an expungement can provide an opportunity for an individual charged with a juvenile or adult offense to get a fresh start. An expungement allows certain criminal records in the juvenile justice or adult system(s) to be permanently erased. » Read More
It is a bedrock principle of New Jersey Constitutional law that when the government seeks to intrude into one’s private affairs, certain Constitutional protections apply. The greater the degree of intrusion, the greater should be the level of protection. Recently, in State v. » Read More
In State v. Stein, decided on July 19, 2016, the New Jersey Supreme Court clarified that individuals charged with offenses (traffic/criminal) in municipal court are entitled to a broad scope of discovery. The Court was asked whether a municipal prosecutor must disclose all documents and information requested by defendants. » Read More
In State v. Denelsbeck, decided on May 12, 2016, the New Jersey Supreme Court examined the word “serious” to determine whether individuals charged with a third (or more) DWI offense are entitled to a jury trial. The short answer: No, the State’s interest in promoting efficiency through non-jury trials outweighs a repeat drunk driver’s interest in a trial by jury. » Read More
As of April 18, 2016, legislation signed by Governor Christie, which makes significant changes to the expungement process, will become effective. “Expungement” means that the criminal conviction, including the record of arrest, is cleared from a person’s record. This is extremely helpful when undergoing a background check and/or applying for a job (with limitations for certain types of employment). » Read More
We often get calls from clients facing criminal charges who are concerned about what a conviction may mean for their future, including their job or education. Fortunately, New Jersey law recognizes that everyone makes mistakes, and offers certain programs to give first-time offenders an opportunity to avoid prosecution. » Read More
Q: My 17-year-old son has just been arrest and charge with possession of marijuana in New Jersey. What happens now?
A: Since your son is a juvenile (under 18 years old), the charge would be heard in Family Court in the county where he lives. » Read More