Articles Posted in Criminal Defense

Warrant May be Necessary to Search Cell Phone Content We rely on our cell phones for everything and there is no limit to the information we store on our cell phones. It is of course for this reason that when police perform an arrest the first thing they want to…

Q: What is municipal court? A: It is a trial court that deals exclusively with cases involving city ordinance violations. Offenses brought before a municipal court are those that occur within the limits of the municipality. Q: What types of cases are heard in municipal court? A:  Violations of Motor Vehicle and Traffic Violations Disorderly…

In a follow up to previous blogs posted by the criminal defense attorneys at the law firm of Lubiner, Schmidt & Palumbo in New Jersey, we reported that Governor Chris Christie has signed bail reform legislation into law and has also approved so-called “ban-the-box” legislation, which makes it illegal for…

The New Jersey Supreme Court has ruled that forensic lab analysts who prepare forensic reports in criminal cases can’t be compelled to testify at trial. The court majority ruled that compelling lab analysts to testify concerning tests they had performed presented practical drawbacks that “range from moderate to severe,” and…

Two minor traffic stops that resulted in arrests in New Jersey have spurred a pair of lawsuits that claim that the New Jersey Attorney General and two local police departments have violated the Americans With Disabilities Act by not providing sign language interpreting for deaf motorists. One of the plaintiff’s…

The New Jersey Senate has passed a bill that would ask voters to amend the state constitution to allow judges the leeway to deny bail to some defendants accused of violent crimes. The legislation also calls for most defendants who have been charged with minor or non-violent crimes to be…

A 50-year-old Newark man recently received a $785,000 award after a jury determined that he had been falsely arrested and imprisoned on murder and assault charges. He had claimed that detectives working on his case had coerced witnesses into identifying him as the person who had shot and killed a…

The Supreme Court of the United States has ruled that a warrant must be obtained before authorities can search a suspect’s cell phone or personal electronic device following an arrest. In a previous Lubiner, Schmidt & Palumbo blog, we reported that the High Court had decided to hear the case…

The New Jersey Senate Budget and Appropriations Committee has passed legislation that would drastically reform New Jersey’s criminal bail system. The bill had already received the backing of the Senate Judiciary Committee and will now go for a vote before the full Senate. Critics of the current bail system argue…

A New Jersey Senate Committee has Okayed a measure that would restrict potential employers from asking for a prospective employee’s criminal record in initial job applications and interviews. If passed by the New Jersey Legislature, the Opportunity to Compete Act (OCA) seeks to eliminate the instant disqualification for job consideration…