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What is Pretrial Detention?

July 17th, 2017

Pretrial detention refers to the detention of defendants before their case has been brought to trial. The Bail Reform Act favors pretrial release and monitoring over pretrial detention. If the prosecutor can show, however, that there is clear and convincing evidence against the reasonableness of allowing a defendant to be afforded pretrial release, the State […]

Mind Your Manners During a Traffic Stop

July 11th, 2017

The police can pull you over if they have reasonable suspicion that you are or have recently committed a crime. In this context, a “crime” includes traffic violations, such as speeding, a broken tail light, expired tags, or rolling a stop sign. While getting pulled over may be annoying and something that you want to […]

Is Urine Testing Accurate in Determining BAC?

July 5th, 2017

If you are arrested because a police officer believes you have been drinking and driving, they will try to gather evidence to convict you of the offense of driving while intoxicated (DWI). Often, this is done through chemical testing, which can include breathalyzer tests, blood tests, or urine tests. One way to defend against DWI […]

“Grave Concern” and Gun Possession

June 26th, 2017

Earlier this year, the bail system was reformed in New Jersey to change from a cash-based bail system to keep low-income people who are suspected of low-level and nonviolent offenses from remaining in jail because they can’t afford bail. However, now law enforcement has complained that certain people may be released from jail who go […]

Must Stop for Pedestrians

June 21st, 2017

A Cautionary Tale for Beach-Goers As beach season comes into full swing, families should be fully aware of the dangers of crossing the street when heading to the beach. In 2016 alone, 167 pedestrians were killed in traffic accidents in New Jersey. The dangers are particularly high in beach towns, which have many people walking […]

What is Jail Credit

June 13th, 2017

State v. Joe, a recent New Jersey Supreme Court case, addresses and clarifies the significant issue of jail credit, pending New Jersey cases, and out-of-state crimes. State v. Joe definitively illustrates, in fact, that New Jersey will not allow jail credit for time served while awaiting sentencing for an out-of-state crime (if that out-of-state charge […]

Have You Had Anything to Drink?

June 5th, 2017

7 Tips for When You’re Pulled Over for a DWI Law enforcement officers throughout the state of New Jersey are constantly on the lookout for drunk drivers. If you are pulled over and an officer suspects that you are under the influence of alcohol, he or she will try and collect evidence supporting that suspicion. […]

Shocking Move Could Make Stun Guns Legal in New Jersey

May 31st, 2017

New Jersey is known for having some of the strictest restrictions on firearms in the United States, and the state has often been the target of litigation initiated by gun rights activists. Currently, the state bans civilians from possessing stun guns, which state law defines as “any weapon or other device which emits an electrical […]

52 Bottles of Booze, 3 Kegs, and a Whole Lot of Underage Drinking Charges

May 23rd, 2017

It is well-known that the legal drinking age in New Jersey – and every other state in the U.S. – is 21 years of age. Drinking or possessing alcohol under the age of 21 can result in serious consequences with the law. Many high school and younger college students ignore these potential consequences and drink […]

Ex Post Facto: Harsher Punishment after Sentencing?

May 15th, 2017

Ex post facto laws are those laws that conjure new punishments after the fact of a specific case and its original attendant punishments. The U.S. Constitution guarantees that no state can pass an ex post facto law. New Jersey must abide by this constitutional guarantee. Paramount to the ex post facto clause is that defendants […]

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