Category Archives: Criminal Defense
Federal & State Prisons Releasing Inmates to Mitigate Virus Transmission
In Late March, US Attorney General William Barr directed the Bureau of Prisons to release some federal inmates to home confinement–especially those that are older and have underlying conditions–in order to mitigate and control the coronavirus outbreak in the prison system. According to reports, there are approximately 150,000 inmates in 120 facilities across the… Read More »
New Jersey Police Arresting Many for Violating at Home Order, But Is It All Legal?
Following New Jersey Governor Murphy’s stay at home order (which followed an initial executive order banning gatherings of more than 50 people) dictating that all social gatherings are banned in the state and all residents are to stay at home until further notice, police have been arresting individuals who have violated the order, including… Read More »
U.S. Supreme Court Rules That Police Can Stop Vehicles Simply If Car Owner’s License Is Revoked
On April 6, the U.S. Supreme Court ruled that police officers can stop and pull over vehicles based on a vehicle being registered to someone whose driver’s license has been suspended; based on the assumption that the individual driving the car is the same as the owner with a suspended driver’s license; and this… Read More »
New Jersey Affirms Prosecutors’ Rights to Subpoena Certain Phone Calls Made by Inmates
On April 1, the New Jersey Supreme Court affirmed the right of prosecutors to subpoena telephone conversations made by defendants held in New Jersey county facilities that have a policy of recording these calls as long as they do not include communications between inmates and their legal counsel or Internal Affairs. In the facilities… Read More »
Prosecuting Coronavirus Exposure
As fears over the coronavirus outbreak escalate, so too do the criminal charges associated with potential exposure: While police in New Jersey have started arresting people and charging them with disorderly conduct or maintaining a public nuisance for holding gatherings in their homes, other, more serious actions are being treated quite severely. For example,… Read More »
Body Camera Once Again Captures Same New York Police Officer Planting Drugs in Car
The issue of New York police officers falsely claiming to smell marijuana during a routine traffic stop and using this as probable cause to conduct a search without a warrant is a serious issue in New York that some judges are finally starting to call them out on, but what about officers planting marijuana… Read More »
Prospects Of New York Legalizing Recreational Marijuana Decrease Due to Coronavirus
According to the latest reports, the prospects for New York legalizing marijuana this year are dim now due to the presence of the all-encompassing coronavirus, as legislators have indicated that their priorities are on containing the virus and, as a result, cannabis reform may very well need to take a backseat. However, if marijuana… Read More »
Where Confusion Over Activities That Are No Longer Considered to Be Illegal Leads to Civil Rights Violations by Employers & Others
In March, the New Jersey Supreme Court affirmed an Appellate Division’s decision allowing a Bergen County medical marijuana patient to bring a disability discrimination employment claim under the New Jersey Law Against Discrimination (NJLAD). The patient suffered from cancer and had a legal license to use marijuana for medicinal purposes. He was required to… Read More »
NYPD Under Investigation for Violent Arrest of Black Man Smoking Marijuana Joint After Decriminalization
One Wednesday evening in March was a very difficult one for a New York citizen who was what many consider to be the victim of police misconduct for smoking a joint of marijuana (even though possessing less than two ounces of marijuana has been decriminalized In the state of New York). Specifically, a viral… Read More »
U.S. Supreme Court to Consider Important Fourth Amendment Case Involving Whether Shooting a Suspect Is A “Seizure”
The US Supreme Court is currently considering an important Fourth Amendment issue for the first time in the Torres v. Madrid case: Whether shooting a fleeing suspect counts as seizure, triggering Fourth Amendment requirements, if the suspect still manages to get away. Previously, the Court decided that once police physically touched a suspect, it… Read More »