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Nov 16, 2018

Breath Tests Deemed Inadmissible in over 20,000 Drunk-Driving Convictions Throughout New Jersey

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

Jun 07, 2018

Courts Address Important Public Interests Related to the Juvenile Justice System

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

Jan 26, 2018

Racial Impact Statements and Sentencing

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

Jan 26, 2018

Update on Expungement Laws in New Jersey

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

Aug 09, 2016

NJ’s High Court Reexamines Law Enforcement’s Ability to Obtain Telephone Records

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

Jun 17, 2016

According to the NJ Supreme Court, Drunk Driving is Not “Serious” Enough to Require a Jury Trial for Repeat Offender

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

Apr 18, 2016

Changes to New Jersey Expungement Law

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

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