On December 9, 2021 the New Jersey Appellate Division published a decision which struck down a portion of New Jersey’s terroristic threats statute. In State v. Calvin Fair, the defendant was charged with and convicted of terroristic threats. On appeal, Defendant argued constitutional over breadth regarding N.J.S.A. 2C:12-3(a). Said section…
The United States Constitution, through the Fourth Amendment, protects against unreasonable searches and seizures by the government. Article I, Paragraph 7 of the New Jersey Constitution, however, provides even greater protections against these unreasonable searches and seizures. Evidence obtained in violation of these constitutional protections is usually inadmissible as per…
In New Jersey, the rules of evidence indicate that lay opinion testimony, which is non-expert witness testimony, is admissible when two conditions are met. First, the witness’s testimony must be rationally based on their perception. Secondly, the testimony must assist in understanding the witness’s testimony or determining a fact in…
Over the years, thousands of motorists have been stopped for having their license plate partially blocked. Often times, the stops are pretextual in that law enforcement’s real interest in the vehicle and its occupants is the desire to conduct a criminal investigation. In State v. Roman Rosado and State v.…
A petition for compassionate release is typically granted to inmates who suffer from a terminal illness or profound incapacity that renders them physically incapable of committing a crime in the future. In New Jersey, there are specific requirements that must be met prior to a court’s consideration for compassionate release.…
Ineffective assistance of counsel is a claim that a criminal defendant may assert when their defense attorney’s inadequate representation constitutes a violation of their Sixth Amendment right to counsel. However, not all cases concerning an attorney’s unsatisfactory performance entitle a…
During the process of jury selection, attorneys from either side may seek to remove jurors they deem unfit to serve. A “for cause” challenge allows attorneys to exclude potential jurors that do not meet the standard criteria or cannot remain impartial when applying the law. A peremptory challenge, on the…
No, a defendant’s right to have an attorney present during interrogation is guaranteed by both the Fifth Amendment to the U.S. Constitution and the landmark U.S. Supreme Court case Miranda v. Arizona. Accordingly, any statements made during the interrogation of a defendant in custody may be admissible as evidence only…
Jury instructions are directions from a judge to the jury that provide guidance in their deliberations to reach a verdict. These instructions are meant to help jurors understand the applicable laws and how they should assess the facts of the case. Sadly, there are instances where such instructions are flawed…
The process of criminal pretrial discovery, which involves an exchange of information between parties, is guided by specific rules and limitations. Protective orders, for example, may limit what information is provided to the opposing party or to whom such information may be provided. Although restricting information may seem like a…