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New United States Supreme Court Ethics Code Does Little to Solve Ethics Lapses
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Recent Police Training Seminar Promoted Unconstitutional and Racist Practices
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Recent Supreme Court Decision Discusses Limitations on Exigent Circumstances Exception to Warrant Requirement in the Context of Automobile Searches
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New Jersey Supreme Court Provides Guidelines on Use of Virtual Interpreters During Criminal Jury Trials
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Clarifying Megan’s Law and Lifetime Supervision Basics
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“New” Requirements for Getting Off Megan’s Law and CSL/PSL
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State v. Andreas Erazo – New Supreme Court Decision on Statements and Miranda Warnings
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Zoom and the Court
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Ethical Standards at the US Supreme Court Continue to Erode
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Lots of Police Misconduct, But What About the Prosecutors?
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New Appellate Division Decision on Grading Shoplifting Offenses
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Parole Violations and Violation Hearings
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Sex Offender Registration – What You Need to Know
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Can Parole Violations Bar You From Terminating Your Megan’s Law and PSL Obligations?
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New Information Concerning Firearms Purchaser Identification Cards, Handgun Purchase Permits and Carry Permits
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Megan’s Law Tiering and the Registrant Risk Assessment Scale (RRAS)
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Why Are You Still on Megan’s Law and Community Supervision for Life or Parole Supervision for Life? What You Need to Know to Get Off.
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Mass-Incarceration – US Numbers are Down, but for the Wrong Reasons
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Applying for a Carry Permit in New Jersey
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Are New Jersey State Troopers Receiving the Best Training? A Recent Report Raises Many Concerns
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Statements to Law Enforcement – A Mistake Many Defendants Live to Regret
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Credibility, Respect for Precedent, and the US Supreme Court
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Termination of Megan’s Law and CSL/PSL Obligations – Get Off ASAP if You Can
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Answers to Questions Raised by the New Marijuana Legalization/Decriminalization Laws
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State v. Nyema and the Proper Basis for an Investigatory Stop
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State v. Hemenway – Supreme Court Defines Standard for Weapons Seizure in Connection with Issuance of Temporary Restraining Order
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State v. Andrews – Loss of Protection for Defendant’s Cell Phone Contents
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Police Reform in New Jersey – Removing Hurdles to Uncovering Officer Disciplinary Records
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Updated:
Law Enforcement Gang Databases – Garbage in/Garbage Out
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Virtual Grand Juries – The Latest Bad Idea to Keep the Criminal Justice System Running During the Pandemic
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Matter of HD/Matter of JM – Restrictions on Relief From Megan’s Law and CSL/PSL Obligations
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State in the Interest of AA – Expanded Miranda Protections for Juveniles in Custody
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Privacy is in the News – Repeatedly
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In the Matters of Registrants G.H. and G.A. – Termination of Megan’s Law and Lifetime Supervision Requirements
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State v. Sealy and Investigating Juror Misconduct
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State v. Daley and Admission to Pre-Trial Intervention
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State v. Mount, Weapons Charges and Graves Act Waivers
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State v. Tung – Everything the Jury Hears Matters
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State v. RG – Involuntary Medication of Incompetent Defendants
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New Rules for Restitution in Juvenile Matters
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State v. Jackson/State v. Monroe – Telephone Calls From Jail Facilities
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Flowers v. Mississippi – Striking Prospective Jurors Because Of Race
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State v. Anthony and Out-Of-Court Identification Procedures
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State v. A.M. – Statements to Law Enforcement by Defendants With Limited English Language Skills
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Do You Always Get the Attorney You Want?
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State v. Nelson and Prolonged Traffic Stops
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New York (Finally) Levels the Discovery Playing Field
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Timbs v. Indiana – Civil Forfeiture in Criminal Cases Can Violate 8th and 14th Amendments
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State v. Brown and the State’s Discovery Obligations
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State v. Hyppolite – State’s Discovery Obligations for Pretrial Detention Hearings
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State v. Kiriakakis and Mandatory Minimum Terms
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State v. Vasco and Guilty Pleas
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Is Bail Reform Reducing Jail Populations to the Greatest Extent Possible?
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New Supreme Court Justice Signals Changes in Several Important Areas
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More Reasons to Watch Your Online Trail
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Cognitive Behavioral Therapy – A New Approach to Dealing with Juvenile Offenders
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Carpenter vs. United States – Law Enforcement Must Obtain Warrant for Cell Phone Records Maintained by Service Provider
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Commonwealth v. Eldred – Should Courts View Drug Addiction as a Disease Requiring Treatment, or Simply Wrongful Conduct Warranting Punishment?
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Can New Jersey Municipalities Ban Gun Shops With Zoning Regulations? At Least One is Trying.
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State v. Terry – Warrantless Search of Glove Box Reasonable Under Certain Circumstances
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State v. Jones and the Defendant’s Right to Speak at Sentencing
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State v. Hummel and Inventory Searches
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State v. Hagans – Recent New Jersey Supreme Court Case Addresses Automobile Consent Searches and the Importance of MVRs
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Jailhouse Lawyering is at Epidemic Proportions – and Defendants are Getting Hurt (and Doing it to Themselves)
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State v. Mosley – State’s Use of Hearsay Evidence at Probation Violation Hearings
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State v. SN – New Jersey Supreme Court Announces the Proper Standard of Appellate Review for Pretrial Detention Decisions
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State v. Boone – Evidence Suppressed Because Search Warrant Application Lacked Sufficient Detail
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New Discovery Procedure in New York Does Not Go Far Enough
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Consular Rights of Non-Citizen Criminal Defendants
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Holding Prosecutors Accountable for Wrongful Convictions – The Uphill Climb May be Getting Steeper
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Profiting From Crime
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Recent Study Shows Significant State-Level Efforts at Juvenile Justice Reform
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The Twinkie Defense – Not for Every Case
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Federal Alternatives-to-Incarceration (ATI) Programs May Be In Jeopardy
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Updated:
More Proof That Mental Health Courts Work
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Carpenter v. United States, Third-Party Collection of Personal Information from Electronic Devices, and Fourth Amendment Rights and Protections
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Updated:
Probation Problems and Solutions
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Turner, et al, v. United States – A Primer on Brady Basics
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Jae Lee v. United States – Advising Defendants Facing Deportation Continues to be an Issue
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State v. Rosario – New Search and Seizure Decision on Field Inquiries and Investigative Detentions
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Child Pornography Cases Present Unique Technological and Procedural Issues
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Every Police Officer Must Receive Training to Deal With the Mentally Ill
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Justice by the Numbers?
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Gault is 50 – A Milestone in the Juvenile Justice System
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Missouri Now Requires Convicted Sex Offenders to Wear GPS Devices for Life, Even if the Prior Plea Arrangement or Sentence Did Not Impose Such a Condition – Huh?
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Federal Sentencing Reform for Low-Level, Non-Violent Drug Offenders – Great While it Lasted
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Updated:
Healthcare Claims Fraud is Back in the News
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Updated:
State v. Robinson, the Protective Sweep Doctrine, and Automobile Searches – New Jersey Supreme Court Restates the Standards
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State v. Tier – New Jersey Supreme Court Clarifies Defendant’s Discovery Obligation Concerning the Production of a Defense Witness’s Oral Statements
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Updated:
Moore v. Texas – Courts Must Use Legitimate Diagnostic Factors When Considering Whether a Death Row Inmate has a Mental Disability, and Cannot Ignore Established Medical Guidelines
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Major US Supreme Court Ruling Concerning Secrecy of Jury Deliberations
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JI v. New Jersey State Parole Board – Internet Restrictions for Convicted Sex Offenders Must Be Reasonable
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State v. Robertson – NJ Supreme Court Clarifies Standards for the Stay of the Suspension of a DWI Defendant’s Drivers License Pending Appeal
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Updated:
Recent NJ Supreme Court Case Holds That Incarceration Outside the State on Out-Of-State Charges Does Not Entitle a Defendant to Jail Credit on New Jersey Charges
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Updated:
New NJ Supreme Court Decision Makes Termination of Megan’s Law Obligations More Difficult
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State v. Bacome – NJ Supreme Court Reaffirms “Heightened Caution” Standard for Ordering Passenger From Stopped Vehicle
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Representing Criminal Defendants with Mental Health Issues – What We Can Learn from Dylann Roof
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State v. Legette – Important Clarification of the Ability of Police to Seize Evidence During an Investigatory Stop
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New Jersey Adopts Federal Standard for Sentencing Juvenile Defendants Found Guilty of Crimes that Carry Life Sentences
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Updated:
State v. Hannah – Admitting Social Media Postings into Evidence at Trial
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State v. Gorthy – A Criminal Defendant Cannot Be Compelled To Assert An Insanity Defense After Refusing To Do So
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Updated:
Juvenile Delinquency Cases, Texting, and Use of Social Media
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New Federal Prison Reforms Include Establishment of School District Within Federal Prison System
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Updated:
State v. Bryant – Recent Search and Seizure Case Discusses the Ability of the Police to Conduct a Protective Sweep of a Home
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Updated:
New Expungement Procedure for Certain Non-Indictable Offenses
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Updated:
Criminal Justice Reform in New Jersey – Speedy Trial in Effect as of January 1, 2017
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Updated:
Criminal Justice Reform in New Jersey – New Bail Procedure is in Effect as of January 1, 2017
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Criminal Justice Reform in New Jersey – Major Changes Effective January 1, 2017
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Updated:
Another 111 Federal Inmates Serving Unusually Harsh Prison Sentences Granted Clemency
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Updated:
State in the Interest of NH – Some Clarification on Discovery in Juvenile Cases
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Updated:
Murder Conviction Based Upon Hearsay Testimony Reinstated by New Jersey Supreme Court
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Another Hurdle for Certain DWI Defendants – Visa Revocation
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Updated:
Making Criminal Justice More Efficient and Effective – Diversionary Programs, Bail Reform and Criminal Justice Reform
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Updated:
Is Your Lawyer Really “Super”? A Posting on Attorney Advertising and Selection of Defense Counsel
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Updated:
United States v. Nesbeth and Collateral Consequences of Sentences
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Updated:
State v. Bivins and Limits on “All-Persons-Present” Search Warrants
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Updated:
Molina-Martinez v. United States – New Sentencing Guidelines Decision Focuses on Remedy for Errors in Sentencing Calculation
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Updated:
18-Year Old Live-Streams Friend’s Rape – and is Charged as a Sex Offender
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Updated:
State v. McFarlane – Trial Judge Must Consider Unique Facts and Circumstances of Case and Defendant When Formulating Sentence, and Must Place Reasoning on Record
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Courts Under Assault
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State v. Cain and State v. Simms – NJ Supreme Court Reaffirms the Role of the Jury as Trier of Facts
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Updated:
State v. Bass and Confrontation Clause Rights
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Updated:
State v. Thompson and Race-Based Jury Selection
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Updated:
State v. Baum and the Importance of Jury Instructions
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Updated:
The Encryption Debate – Once Again, Technology Outpaces the Law
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State v. Mahoney – NJ Appellate Panel Rules that Deliberating Jurors Cannot Speak at Sentencing
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Latest NJ Supreme Court Insurance Fraud Decision – Defendant Who Makes False Statement can be Convicted Even if Carrier Does Not Pay Claim
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Updated:
Supreme Court’s Ruling That Juvenile Sentences of Life Without Parole are Unconstitutional can be Applied Retroactively, Opening the Possibility of Release for Numerous Adults Who Received Mandatory Life Without Parole Sentences as Juveniles
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State of NJ v. F.W. – New Sex Offender Supervision Decision Discusses, Among Other Things, the Minefield of Sex Offender Supervision Regulations
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State v. Smith – NJ Supreme Court Decision Sets Some Parameters for Declaring Mistrial or Granting Continuance Because of Newly Discovered Evidence that the Prosecutor Failed to Disclose to Defense Counsel Until After Commencement of Trial
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Updated:
New NJ Appellate Decision on Drug Offender Restraining Orders is Important – for Other Reasons
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Updated:
Recent US Supreme Court Decision Further Tightens Access to Habeas Relief
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Updated:
Tax Time is Coming
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Updated:
Maryland v. Kulbicki – New US Supreme Court Decision Helps Define Ineffective Assistance
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Updated:
Computer Crime Increasing in Frequency, Magnitude and Sophistication
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State v. Watts – New NJ Decision Suggests Further Retreat on Search and Seizure Rights
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Recent NJ Supreme Court Decision Signals Loss of Protection for Motorists Subject to Vehicle Searches
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Updated:
Proposed NY Bail Reforms – Something Every State Should Look At
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Updated:
Release of Non-Violent Federal Drug Offenders Long Overdue
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Updated:
Elonis v. United States – Watch What You Put on Social Media
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Updated:
Cleveland is the Latest City to Enter Into Police-Related Consent Decree with USDOJ
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Updated:
New Head of Cook County Jail is a Clinical Psychologist
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Updated:
New Report Confirms Mentally Ill Prison Inmates Receive Inadequate Services and are Abused
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Updated:
Grady v. North Carolina – Satellite-Based Monitoring of Sex Offenders Can Violate Fourth Amendment Rights
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Updated:
Rodriguez v. United States – Great Search and Seizure Ruling
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Updated:
Don’t Assume A DWI Must End With A Guilty Plea
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Updated:
Rikers Ends Solitary Confinement for Juveniles (Finally)
:
Updated:
Moneyballing Criminal Justice?
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Updated:
Representing Defendants with Substance Abuse Issues
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Updated:
Vehicle Stops Just Got Easier to Uphold – Another Fourth Amendment Setback
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Updated:
Off-Label Use of Psychotropic Meds to Sedate Prison Inmates
:
Updated:
Texas Execution of Schizophrenic Inmate Highlights Place of Mentally Ill in Criminal Justice System
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Updated:
After 20 Years, New Jersey’s Megan’s Law Has Accomplished Little
:
Updated:
New Jersey Supreme Court Rules on Sentencing Factors in Careless Driving Cases
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Updated:
US Supreme Court Places Limits on Restitution Awards in Child Pornography Cases
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Updated:
US Supreme Court Opinions – When is the Text “Final”?
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Updated:
Police Cannot Search Cell Phones Incident to Arrest Without a Warrant
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Updated:
Hall v. Florida – New US Supreme Court Decision on Intellectual Disabilities and Criminal Law
:
Updated:
NJ Supreme Court Releases Two New Decisions Discussing Consent Searches and Fernandez v. California
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Updated:
New Jersey Appellate Court Precludes Excessive Questions On Gun Permit Applications, But Requires Cooperation With Investigation Of Application
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Updated:
Ninth Circuit Sends Conflicting Messages on Gun Rights
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Updated:
Latest Insurance Fraud Prosecution in New Jersey
:
Updated:
Fernandez v. California – “No” does not necessarily mean “No”.
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Updated:
Amend New Jersey Constitution to Help Guarantee an Independent Judiciary
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Updated:
Intersection of Mental Illness and Criminal Justice Makes News With Increasing Frequency
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Updated:
New Jersey Supreme Court says State’s Wiretap Act is Constitutional
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Updated:
Reduced Federal Sentences for Non-Violent Drug Offenders – It’s About Time (and money)
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Updated:
Fourth Amendment Basics – Order of Protection Barring Presence In Home Negates Standing to Challenge Search
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Updated:
Defense Counsel’s Failure to Investigate Defendant’s Mental Fitness for Trial Supports Ineffective Assistance Claim
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Updated:
Hinton v. Alabama – Easily Avoidable Ineffective Assistance of Counsel
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Updated:
Warrantless Cell Phone Searches Incident to Arrest
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Computing Restitution Awards in Child Porn Cases
:
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New US Supreme Court Case Addresses Issues Concerning Mental Health Evaluations in Criminal Cases
New Jersey Criminal Defense Attorney Blog
