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Articles Posted in Current Events

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Commonwealth v. Eldred – Should Courts View Drug Addiction as a Disease Requiring Treatment, or Simply Wrongful Conduct Warranting Punishment?

What is drug addiction?  How is it to be defined?  Is it some sort of disease, or just another form of illegal conduct?  Commonwealth v. Eldred, a case now before the Massachusetts Supreme Judicial Court, may soon provide guidance on these issues.  This case is important for any criminal attorney…

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Can New Jersey Municipalities Ban Gun Shops With Zoning Regulations? At Least One is Trying.

Legislation governing the ownership and use of firearms, and the operation of gun shops, typically originates on the federal and/or state level.  As any New Jersey gun owner knows, our State already has some of the most restrictive gun laws in the country.  Certain cities and towns in different states…

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Jailhouse Lawyering is at Epidemic Proportions – and Defendants are Getting Hurt (and Doing it to Themselves)

At some point in the development of the American criminal justice system, somebody decided that it was a good idea to provide defendants with library resource materials so they could either defend themselves or assist their trained criminal defense attorneys in defending them.  Without putting too fine a point on…

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Every Police Officer Must Receive Training to Deal With the Mentally Ill

On October 18, 2016, NYPD Sergeant Hugh Barry responded to the home of Deborah Danner in the Bronx.  Barry found Danner, a diagnosed schizophrenic, holding a pair of scissors and experiencing a mental health crisis.  He persuaded her to drop them, but she then picked up a bat and somehow…

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Federal Sentencing Reform for Low-Level, Non-Violent Drug Offenders – Great While it Lasted

Jeff Sessions, our new Attorney General, issued a Memorandum to all United States Attorneys on May 10, 2017 which states, in relevant part, that “it is a core principle that prosecutors should charge and pursue the most serious, readily provable offense [] By definition, the most serious offenses are those…

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Healthcare Claims Fraud is Back in the News

Dr. Salomon Melgen, a soon-to-be former ophthalmologist, who still faces criminal charges for bribing New Jersey Senator Robert Menendez, was recently found guilty of healthcare claims fraud following a seven-week jury trial.  His case is significant because it highlights some of the activities that typically cause medical service providers to…

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Representing Criminal Defendants with Mental Health Issues – What We Can Learn from Dylann Roof

Dylann Roof, who infamously shot and killed nine African-Americans engaged in bible study at a Charleston, South Carolina church, chose to represent himself during the sentencing phase of his federal capital trial.  During his “presentation”, he informed the jury that there was nothing wrong with him psychologically and also stated,…

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Another 111 Federal Inmates Serving Unusually Harsh Prison Sentences Granted Clemency

Two years ago, the Obama administration commenced an effort to grant clemency to federal non-violent drug offenders who would have received shorter prison sentences had they been sentenced under subsequently revised advisory sentencing guidelines.  Last week, President Obama granted clemency to 111 federal inmates, 35 of whom originally received life…

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Making Criminal Justice More Efficient and Effective – Diversionary Programs, Bail Reform and Criminal Justice Reform

This blog and the accompanying firm website have numerous entries concerning drug court and other diversionary programs.  One of the many stated purposes of these programs is to make the criminal justice system more efficient and effective.  Other federal and state efforts and initiatives currently being implemented share the same…

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