Appellate Division Remands PCR Appeal for Evidentiary Hearing

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On November 30, 2015, the Appellate Division of New Jersey decided the case of State v. Lepianka. Mr. Lepianka was indicted for two counts of third-degree distribution of heroin, one count of third-degree possession of ecstasy with intent to distribute, … Continued

Appellate Division Upholds Denial of Motion to Suppress

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On October 14, 2015, the Appellate Division of New Jersey decided the case of State v. Beerle. This case involved a traffic stop that resulted in the defendant being charged with possession of heroin under N.J.S.A. 2C:35-10(a)(1). The defendant argued … Continued

Appellate Division Vacates Rejection of Pre-Trial Intervention

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On September 20, 2012, pursuant to a negotiated plea agreement, defendant Eager pleaded guilty to one count of fourth-degree possession of marijuana. The prosecutor withheld consent for Pre-Trial Intervention (PTI) on several grounds: (1) the nature of the offenses; (2) … Continued

Filming Victim Did Not Violate Final Restraining Order

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On March 20, 2015, the Appellate Division of New Jersey decided State v. D.G.M. In this case, the victim had a final restraining order (FRO) against D.G.M. He was accused of violating it when he showed up to their son’s … Continued

NJ Appellate Division Rules Miranda Rights Were Violated

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On July 6, 2015, the New Jersey Appellate Division reversed the conviction of Terrance Atkins and remanded the case for a new trial. Atkins was arrested for various drug and weapons charges after a traffic stop. The Court found that … Continued

Appellate Court Authorizes Alternative Sentences for NJSA 39:3-40(e) and NJSA 39:6B-2

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On May 14th, the Appellate Division decided State v. Toussaint. The Court concluded that N.J.S.A. 39:3-40(e) [driving on the revoked list involving injury] and N.J.S.A. 39:6B-2 [driving without insurance] authorize the sentencing court to impose a term of imprisonment that … Continued

Step Down in Penalties for Refusal Conviction with Prior DWIs

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If a defendant is convicted of a second or subsequent DWI conviction 10 years after the prior conviction, he or she is entitled to a “step down” in penalties. This means that the defendant gets sentenced to lesser penalties than … Continued