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Archive for February, 2012

New Jersey DUI/DWI Penalties

The weathermen are currently forecasting what is likely to be our last snow of the year. As warm as this winter has been spring is already on our minds here in NJ. We’re thinking of spring break, the shore, barbeques,…

Pitfalls of Plea Bargains in NJ

Often clients are offered plea bargains with the information that if they do not accept the plea they will not receive the same deal and, likely, informed by the prosecutor that, if they force the prosecutor to try the case,…

Limits To Scope of Restraining Orders in NJ

In State v. S.K., A-1488-10, the defendant was convicted for violating a restraining order barring him from being anywhere near his ex-wife. Defendant was charged with violating the restraining order when his ex-wife reported to the police that he was…

Same-Sex Marriage Legislation in NJ

Four days after Governor Chris Christie conditionally vetoed legislation that would have allowed gay and lesbian couples to marry in New Jersey, Superior Court Judge Linda Feinberg reversed her November 2011 ruling and reinstated a count in a lawsuit filed…

Warrant Requirement in NJ Auto Searches

For the past couple of years, New Jersey has required a threshold of probable cause and exigent circumstances to justify warrantless searches of motor vehicles following routine traffic stops. This requires the need for evidence preservation or officer safety in…

Expungement of Criminal Records in NJ

New Jersey permits expungement of criminal records. An expungement is the removal and isolation of all records on file within any court, detention center, correctional facility, law enforcement, criminal justice or juvenile justice agency concerning a person’s arrest, detention, trial…

Pets and Domestic Violence in NJ

Pets have long been neglected members of society. Pet owners tend to love their pets like children but non-pet owners often see pets as disposable items to be discarded at will. Long ago the Courts addressed the issue of leaving…

Fewer Challenges Available to NJ DUI/DWI

The NJ Supreme Court has taken another bite out of possible challenges to Alcotest results. Recently the Alcotest machine, now used in DUI testing of breath samples, was challenged on the basis of police officers administering consecutive tests less than…