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Murder Charges Dismissed; Schwartz & Posnock Client Receives Probation In Monmouth County

by admin | Jun 18, 2012 | Criminal News

Two counts of first degree murder were dismissed on June 15, 2012, against our client, “E.F,” of Red Bank, by a judge sitting in Monmouth County Superior Court. The co-defendant, Antonio Suarez- Perez, who was convicted by a Monmouth County jury on a...

Defendant’s Sixth Amendment Right to Counsel of His Choice Violated When Judge Denied Continuance to Hire Private Attorney

by admin | Jun 6, 2012 | Criminal News

In a recent New Jersey decision, State v. Kates (A-3907-10T1), the Appellate Division held that a defendant was denied his Sixth Amendment right to counsel of his choice when the trial court improperly denied him a continuance to hire a private attorney.  In Kates,...

New Jersey Wiretap Act Allows Interception of Telephone Calls Between Individuals Outside of New Jersey

by admin | Jun 6, 2012 | Criminal News

In State v. Ates (A-2308-09T3), the New Jersey Appellate Division recently held that the New Jersey Wiretapping and Electronic Surveillance Control Act (“New Jersey wiretap act”) is not unconstitutional merely because it permits New Jersey law enforcement...

Vehicular Homicide Conviction Reversed Because Trial Judge Allowed Medical Examiner to Testfy Beyond His Expertise

by admin | May 21, 2012 | Criminal News

The New Jersey Superior Court – Appellate Division, reversed a conviction for vehicular homicide because the judge presiding over the trial permitted the  County Medical Examiner to testify to the probable identity of the driver and the movements of the...

Post-Conviction Relief Hearing Not Automatic Where New Jersey Defendant Claims Failure to Advise of Deportation Consequences

by admin | May 18, 2012 | Criminal News

The United States Supreme Court, in Padilla v. Kentucky, recently held that a criminal defense attorney has the affirmative duty to inform his or her client of the immigration consequences of a guilty plea prior to entry of that plea. Two New Jersey criminal cases...
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