Unfortunately, notwithstanding our best efforts, you have been found guilty. Believe it or not, there is such a thing as losing the case, but winning the sentencing. A competent criminal defense attorney may be able to convince the State on a recommended sentence. Being professional and respectful may reap rewards now, but I assure you, …
Like it or not, you have exhausted all other means to resolve your case, and we have to fight it out. Mark my word, this is going to be a fight. But fighting does not mean we are going to be rude to the Judge. Fighting does not mean we are going to be disrespectful …
After your attorney has had the chance to review discovery and conduct any investigation, he or she feels is appropriate, the attorney may discuss with you the filing of a motion. A motion is a formal request to the Court for a ruling on some issue. Maybe your attorney feels the presentation to the Grand …
Many criminal defense attorney websites list various charges and the elements the State must prove in order to obtain a conviction. That information is readily available on the web (Google it). Regardless of the specific charge, what you must remember is the State must prove each and every element of the crime beyond a reasonable …
Police have completed their investigation, believe they have probable cause to arrest you, have secured an arrest warrant, and you are under arrest. Most importantly, do not resist or obstruct the police. I do not have to tell you about all the times a person is arrested on a minor charge and shot or killed …
With regards to the Right to remain silent, you are in total control. If you assert your Right and refuse to make any statements, the police must stop questioning you. The police must afford you the right to speak with an attorney. If they do not, any statements you make as part of a custodial …
The Fifth Amendment of the United States Constitution, and the New Jersey Constitution, affords you the Right to remain silent. That means, you cannot be forced to be a witness against yourself. If you invoke the Right to remain silent, the police must stop questioning you, and afford you the right to speak with an …
Statements and Miranda and The Right to Remain Silent Read More »
Possession is to be construed strictly as signifying intentional control and dominion. State v. McCoy, 116 N.J. 293, 299 (1989). In McCoy, the court characterized it as “the ability to affect physically and care for the item during a span of time”. Id. Possession is separate from knowledge. A person may possess a thing unknowingly …
In State v. Taylor, the police stopped a vehicle which was later determined to be stolen. Thereupon, police search the vehicle and discovered two handguns, and later a gun magazine. Defendants filed a motion to suppress which was denied. Citing State v. Lugo, the court found there was no reasonable expectation of privacy as they …
Terry v. Ohio, 392 U.S. 1 (1968) permits a police officer who has a reasonable suspicion that a person is armed and dangerous to conduct a limited pat down search for weapons. The key issue is whether a reasonable prudent person in the officers position would be justified in believing that the safety of the …
