Statements to law enforcement are a routine part of many criminal investigations. The atmosphere in which a statement is taken is pretty grim. A suspect is placed in an interview room which, in itself, is an inherently coercive environment. These rooms are typically small and engender a sense of being…
We are in the midst of the midterm elections, and abortion was a central issue because of the Supreme Court’s overturning of Roe v. Wade. This was obviously on the front burner this election season because of the effect on reproductive and privacy rights. But the overturning of Roe presents…
Many people contact our firm to learn about terminating their obligations under Megan’s Law and Community Supervision for Life or Parole Supervision for Life (CSL/PSL). We are known throughout the State for representing clients seeking termination of these burdensome, and frequently useless, obligations. There is information on the firm’s website…
The new marijuana legalization/decriminalization laws raise many questions that will be answered only with the passage of time and experience. Here are some responses to certain questions that will probably arise very quickly: What should an officer do if they smell marijuana coming from a vehicle during a motor vehicle…
State v. Nyema, a recent Appellate Division decision, is important because it helps to set parameters for what constitutes a sufficient basis for an investigatory stop. The case arose from a convenience store robbery. The police had information that the robbery was committed by two black males who fled on…
Gun owners must always remember that the issuance of a domestic violence temporary restraining order, or TRO, can result in at least a temporary seizure of their weapons and firearms purchaser identification card. On the surface, the typical chain of events is fairly straight forward. A member of the same…
The ability of law enforcement to access the cell phone content of a criminal defendant has received considerable attention in recent years. The issue has been the same in case after case. If the cell phone is seized as part of an investigation, the security settings, such as passcodes, shield…
Anyone who has been following the news over the past few months understands that serious instances of police misconduct have occurred (and continue to occur) throughout the country. The manner in which the police have handled George Floyd, Rayshard Brooks, and the protesters in Washington DC and Portland, Oregon, to…
We frequently handle cases where the discovery states that law enforcement has identified our client as being gang-affiliated. Police agencies frequently collect information on individuals who they think are gang-involved and enter it into a database, which is then used to investigate criminal activity. Recent experiences in California, however, demonstrate…
Formal criminal proceedings in indictable (felony) matters begin with a prosecutor’s presentation of the State’s case to a grand jury. A grand jury consists of a body of 23 citizens who listen to the State’s witnesses and review any documents or other materials the State wishes to display, and then…