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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…
The United States Citizenship and Immigration Services (USCIS) published a final rule to improve aspects of certain employment-based immigrant and nonimmigrant visa programs. Preexisting regulations have been amended to enable US employers to hire and retain foreign workers who are beneficiaries of approved employment-based visa petitions as they wait to…
To constituents, executive actions may seem like simple maneuvers—quick fixes to a discordant Supreme Court or a disagreeing Congress. But to those who have held Presidential office, executive actions have shown themselves to be much more complex. Each comes with its own set of statutorily or judicially imposed restraints. Some…
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…
What’s Changed On August 29, 2016, a final rule, expanding the existing provisional waiver process to allow spouses and children of U.S. citizens and lawful permanent residents to more easily navigate the immigration process, went into effect. U.S. Citizenship and Immigration Services (USCIS) extended eligibility for the provisional waiver process…
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…