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New Jersey DUI – Failure to Obtain Warrant for Blood Samples May Lead to Suppression of Blood Test Results and Dismissal of Drunk Driving/Driving Under the Influence Cases

by admin | May 24, 2013 | Criminal News

Police officers who stop seemingly drunk drivers may need to obtain a warrant before having the driver’s blood tested to determine the presence of alcohol or controlled substances. In Missouri v. McNeely, No. 11-1425, decided April 17, 2013, the United States Supreme...

Immigration Consequences of Guilty Pleas in New Jersey State and Federal Criminal and Municipal Court Cases

by admin | Nov 12, 2012 | Criminal News

On October 30, 2012, in a case which will have significant consequences in the state and federal courts of New Jersey, the United States Supreme Court heard argument to settle a dispute among the lower courts regarding whether to give non-citizens the benefit of a...

A Court Cannot Use a Municipal Court Defendant’s Silence at the Scene of an Auto Accident As Substantive Evidence of Guilt

by admin | Oct 12, 2012 | Criminal News

The New Jersey Supreme Court held, in State v. Stas, that a Municipal Court’s use of a defendant’s silence at the scene of a motor vehicle accident as substantive evidence of his guilt and to assess his credibility violated his privilege against...

The New Jersey Supreme Court Makes it Harder for the State to Justify Waiving a Juvenile Defendant to Adult Criminal Court

by admin | Oct 12, 2012 | Criminal News

The New Jersey Supreme Court, in State in the Interest of V.A., a Minor, made it harder for prosecutors to justify the decision to waive a New Jersey juvenile court defendant to adult criminal court. Previously, a prosecutor’s decision to waive juveniles to...

Prosecutor’s Remarks Regarding a Criminal Defendant’s Civil Lawsuit Against the Arresting Officer Was Improper

by admin | Oct 9, 2012 | Criminal News

In a recent decision, the New Jersey Supreme Court determined that the prosecutor’s improper reference during his summation to the defendant’s civil lawsuit against the officers who arrested him in his criminal case did not merit a new trial. Prosecutorial...

Conduct and Character are Relevant in Determining Whether to Grant Early Expungements

by admin | Jul 27, 2012 | Criminal News

The Supreme Court recently ruled that judges deciding whether to grant petitioners early expungements of their criminal records in the public interest must balance the nature of the offense and the petitioner’s character and conduct.   In In re Kollman, the...
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