The Jersey Lawyer

Recent Posts from The Jersey Lawyer

• Eight Seconds Out of the Vehicle is Too Long For Purposes of UIM Coverage, Says Appellate Court

  In Severino v. Malachi, the Appellate Division of the Superior Court of New Jersey recently held that two individuals who had just exited a vehicle and were struck and killed while crossing the street were…

• Juveniles Have Same Right to Counsel as Adults, Court Says

  In State of New Jersey in the Interest of P.M.P, the New Jersey Supreme Court held that a juvenile has the same right to counsel after a complaint for juvenile delinquency is filed and a…

• Defendant Can Withdraw Guilty Plea if Not Informed of Immigration Consequences

  In the case of State v. Nunez-Valdez, decided on July 27, 2009, the New Jersey Supreme Court held that a defendant that is misinformed about the immigration consequences of a guilty plea to criminal charges…

• Thirty Seconds is Long Enough Under Jersey’s Knock and Announce Rule

  In State v. Robinson, decided on July 22, 2009, the New Jersey Supreme Court upheld as reasonable a police search where officers waited twenty to thirty seconds after announcing their presence before they knocked down…

• Mayors, Assemblymen, Rabbis and More Nabbed in Huge Jersey Corruption Bust

  The FBI has arrested over forty individuals, including the mayors of Hoboken, Secaucus, and Ridgefield, state assemblymen, and several prominent rabbis in a huge corruption sweep earlier today.  The defendants were brought into federal district…

• Particularity Requirement for Search Warrants Still Means Something in New Jersey

  The New Jersey State Supreme Court today invalidated a search warrant that was conditioned on verification by the police of the particular apartment to be searched in a two-unit apartment building as violating the particularity…

• NJ Supreme Court Approves Higher Bail For Undocumented Immigrants Facing Deportation

  In State v. Fajardo-Santos, decided this week, the New Jersey Supreme Court held that a lodging of a detainer by federal authorities against an undocumented immigrant facing criminal charges in state court constitutes a change…

• NJ High Court Refines Methodology for Gauging Bias in Jury Selection

  In vacating defendant Oscar Osorio’s conviction on various drug counts, the New Jersey Supreme Court refined the methodology to be applied in determining whether the use of peremptory challenges to exclude jurors was motivated by…

• Mortgage Fraud Indictments Skyrocket in New Jersey

  Over the past year, the office of New Jersey State Attorney General Anne Milgram has charged nearly 100 people with mortgage fraud in New Jersey.   On Tuesday, June 30, 2009, the Attorney General’s office announced…

• New Jersey Man Ordered Freed After 21 Years in Prison Because Evidence was Insufficient

  After spending 21 years in prison, the Third Circuit Court of Appeals granted a writ of habeas corpus to Paul Kamienski.  Kamienski was incarcerated after being convicted of murder and felony murder in New Jersey state…