Hudson County Criminal Lawyer Blog
In State v. Juan C. Hernandez-Peralta (decided July 22, 2025), the New Jersey Supreme Court answered a practical question that comes up all the time in criminal practice: how far does a defense lawyer have to go to investigate a client’s immigration status? The Court held that, on the facts of this case, sentencing counsel was not constitutionally ineffective for asking, “Are you a U.S. citizen?”, getting a clear “yes”, and relying on that answer, even though the client later turned out to be a noncitizen who faced deportation.
The underlying case started with a series of burglaries and a robbery in Lakewood in 2019. Hernandez-Peralta pled guilty to three counts of third-degree burglary and one count of second-degree robbery. At his plea hearing, he told the judge he was a U.S. citizen and said he was born in New York. On the standard New Jersey plea form, he also answered that he was a citizen. Despite that answer, his plea lawyer still went through the immigration questions and warned him that if he was not a citizen, his guilty plea could lead to removal from the United States and block him from legally re-entering.
The presentence report, however, told a slightly different story. It listed his place of birth as Mexico, noted that he came to New York as a young child. The report also left several fields blank, including “Alien Status” and “Citizenship.” At sentencing, a different public defender represented him. She had the presentence report, reviewed it with him, and asked him directly if he was a U.S. citizen. Once again, he said yes. She did not independently investigate his status, obtain immigration records, or give case-specific immigration advice. The negotiated sentence, Recovery Court probation with a backup NERA prison term, was imposed.
The New Jersey Supreme Court has continued to reinforce the strength of our State Constitution’s warrant protections in its recent decision, State v. Fenimore. The Court unanimously held that the automobile exception does not permit police to conduct a warrantless search of a vehicle once law enforcement has full control over the car, its occupants, and the surrounding environment. In Fenimore, the defendant had been arrested for DWI inside a State Police barracks, the passenger had been removed, officers had possession of the keys, and the vehicle was required to be held for a mandatory twelve-hour impound period under John’s Law. Despite these circumstances, where mobility, safety concerns, and the risk of evidence destruction were completely neutralized, the State Police searched the car in the station parking lot without obtaining a warrant.
The New Jersey Supreme Court recently issued a major ruling that reshapes how courts and prosecutors must apply the state’s strict Graves Act sentencing rules for gun offenses. In State v. Zaire J. Cromedy (decided August 5, 2025), the Court unanimously held that a conviction under N.J.S.A. 2C:39-5(j), which makes it a first-degree crime for someone with a prior No Early Release Act (NERA) conviction to unlawfully possess a weapon, is not automatically subject to the Graves Act’s mandatory parole-ineligibility period.
The Supreme Court of New Jersey’s decision in State v. Isaiah J. Knight offers a nuanced examination of the limits of reciprocal discovery in criminal cases, particularly focusing on the circumstances surrounding an affidavit recanting a witness’s previous identification of the defendant as the perpetrator of a crime. The facts of this case play a crucial role in understanding the Court’s rationale and its implications for criminal defense.
In a landmark decision, the New Jersey Supreme Court provided critical insights into the state’s witness tampering statute through the case of State v. William Hill. This case scrutinized the boundaries of lawful communication and witness intimidation, posing significant implications for criminal defense strategies.
The Supreme Court of New Jersey’s decision in the case of State v. Curtis L. Gartrell presents a significant analysis of property rights and the Fourth Amendment’s protections against unreasonable searches and seizures. In this case, the court examined the concept of abandonment in the context of a police chase, where the defendant fled and left behind a suitcase containing illegal substances. By abandoning the suitcase, Gartrell relinquished any privacy interest he had in the item, thereby negating his ability to challenge the police’s warrantless search of the suitcase.
In a landmark decision, the New Jersey Supreme Court weighed in on a crucial issue of first impression: Must a criminal defendant be provided in-person interpreting services during a jury trial, or will video remote interpreting (VRI) suffice? The case of State v. Juracan-Juracan dives into this question, addressing a major point of contention within the legal community—especially given the significant adjustments courts have had to make in response to the COVID-19 pandemic.
Attorney Stephen Natoli successfully argued before a three-judge panel that his client’s rights had been violated during a 2019 trial handled by prior counsel. Following the trial, Defendant was sentenced to twenty-three (23) years in prison. He had been serving his prison sentence when he retained Mr. Natoli for his appeal.