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In New Jersey, a request for consent to perform a search is a commonly used tactic by police, especially in drug/controlled dangerous substance and firearms cases. Receiving consent may permit law enforcement to search your personal property, car, even your home without a warrant. Per the 4th Amendment of the…
In a DWI prosecution under N.J.S.A. 39:4–50 and 39:4-50(a) police must observe an individual uninterrupted for 20 minutes. As simple as it may seem to observe an individual for an uninterrupted period of 20 minutes, it is frequently the case that the State has a hard time establishing that this…
A person is guilty of attempt under the New Jersey Criminal Code N.J.S.A. 2C: 5-1 in one of three scenarios: 1) If the person purposefully engages in conduct which would constitute a crime if the circumstances were as a reasonable person would believe them to be, 2) If causing a…
Under the New Jersey Criminal Code, N.J.S.A 2c:5-2 a person is guilty of conspiracy if he/she agrees with another person/persons to engage in conduct or aide another person in conduct that constitutes the commission of a crime. A conspiracy that contains multiple objectives will still only result in one conspiracy…
The attorneys of Lubiner, Schmidt & Palumbo appeared in municipal courts across three different municipalities to represent clients facing shoplifting charges. Shoplifting is defined in Title 2C:20-11 of the New Jersey Criminal Code. The charge includes not only purposely taking store merchandise, but also purposefully concealing merchandise or altering or…
State v Benjamin is a currently pending decision by the New Jersey Supreme Court, in which the defendant was denied a Graves Act sentencing waiver that would have reduced his sentence by 30 months. Under normal circumstances, when convicted of unlawfully carrying a firearm in violation of N.J.S.A. 2C:35-5b, the…
Informants Privilege Under the New Jersey Rules of Evidence In New Jersey, law enforcement routinely relies on informants in assisting narcotics investigations and drug prosecutions. In another article entitled New Jersey Discovery Rules for Cooperating Witness/Confidential Informant in Drug Cases we outlined what is discoverable information in a criminal case that…
When choosing an attorney for a second or subsequent offense of DWI, it is critical that you consider legal counsel with the foresight to know when to petition for post-conviction relief. The “Laurick Rule,” as derived from the final ruling of the 1990 State v Laurick case, is used in New…
New Jersey law enforcement routinely rely on cooperating witnesses or confidential informants in making drug arrests. In a recent example, a man was arrested in Sussex, NJ on September 2016 and charged with various drug related offenses under the New Jersey Criminal Code. The charges included first-degree possession with intent…
As stated by the New Jersey Supreme Court, millions of adults nationwide have criminal records that impact their reentry into society, often for many years after their sentence is complete. Criminal records present barriers to employment, licensing, housing, and school applications, among other things. In re Kollman, 210 N.J. 557 (N.J.…