New Jersey Lawyer Getting Out of Control

I always profess that domestic violence and retraining order issues effect all types of individuals.  We saw this revelation, once again, hold to be true when a prominent Somerville lawyer was reported to have "a dozen charges in three towns" , including alleged violations of a restraining order filed by his wife.  Apparently, this lawyer's wife filed for divorce and things have unraveled quite Continue Reading...

Did Teresa Giudice Really Get A Reduced Jail Sentence?

Screen shot of Bureau of Prison's Website

There is little doubt that the tabloids try to hype up information, especially when it comes to reality stars. Knowing this to be the case, I immediately questioned whether Teresa Giudice actually received a reduced sentence like what was portrayed in the press or whether the release date simply took into account jail credit for good behavior. The Honorable Esther Salas imposed a federal prison Continue Reading...

The Constitutionality of Roadblocks in DWI Cases

We are frequently asked about the constitutionality (legality) of roadblocks which result in DWI charges in New Jersey. The constitutionality of police roadblocks was addressed in the 1979 United States Supreme Court case of Delaware v. Prouse, 440 U.S. 648 (1979). In Prouse, the Supreme Court held that it was unconstitutional to stop and detain a driver absent articulable suspicion that a Continue Reading...

Fourth Amendment Rights and Warrantless Searches

For a 4th Amendment violation to occur, there must be government conduct. This usually occurs through police actions. Also, some items are so public in nature that they do not carry a reasonable expectation of privacy. Generally, garbage, bank accounts, and odors emanating from your luggage are public in nature and do not implicate 4th amendment protection. If the person has a reasonable Continue Reading...

The Exclusionary Rule and the “Fruit of the Poisonous Tree” Doctrine

The “Fruit of the Poisonous Tree Doctrine” is a famous evidentiary legal doctrine that has been publicized on television and in the movies. This doctrine is based upon “The Exclusionary Rule”, an important evidence doctrine that requires that the victim of an illegal search or a coerced confession can have the product of the illegality excluded from criminal prosecution. This exclusionary rule has Continue Reading...