Thousands of Drug Lab Reports May Have Been Faked

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Big news in the legal community this week as it has come to light that Kamalkant Shah, a New Jersey State Police lab technician, may have faked thousands of reports. Mr. Shah allegedly “dry-labbed” results, which would mean he never … Continued

Manville Municipal Court Civil Reservation Granted

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On December 3, 2015, I appeared in the Manville Municipal Court. My client was issued a ticket for an improper turn (39:4-123) as a result of an accident. A violation of 39:4-123 carries 3 motor vehicle points. I successfully negotiated … Continued

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

Odor of Marijuana and Probable Cause

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On September 8, 2015, the Appellate Division of New Jersey decided the case of State v. Myers. In this case, the defendant was arrested for a marijuana offense. The defendant tried to argue that since medical marijuana is now allowed … Continued

What is the Twenty Minute Observation Period?

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Many people who have been charged with DWI ask about the twenty minute observation period. They have heard that the Alcotest operator must give the arrestee a twenty minute period before his or her breath is tested. This requirement comes … Continued

Governor Signs Domestic Violence Crackdown Law

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On August 10, 2015, Governor Christie signed a new law regarding those faced with domestic violence charges in New Jersey. The new law requires a defendant to plead guilty before entering a pretrial program. Previously, a guilty plea was not … Continued

NJ Supreme Court Rules on Expungements for Multiple Crimes

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On August 10, 2015, the New Jersey Supreme Court decided In the Matter of the Expungement Petition of J.S. and In the Matter of the Expungement Petition of G.P.B. In the case of J.S., the defendant was arrested twice within … Continued

What is New Jersey’s Implied Consent Law?

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Many people make the mistake of thinking that they have a Fourth Amendment right against providing breath samples if arrested for DWI. In New Jersey, this is simply not true. New Jersey has something called the implied consent law. 39:4-50.2(a) … Continued

Supreme Court: Paraphernalia Conviction Does Not Trigger Deportation

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On June 1, 2015, the United States Supreme Court ruled that a conviction for the possession of drug paraphernalia does not trigger removal (deportation) under §1227(a)(2)(B)(i). §1227(a)(2)(B)(i) reads: “Any alien who at any time after admission has been convicted of … Continued

New Ruling for Civil Reservations

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If you receive a traffic ticket as a result of an incident involving a motor vehicle accident, your attorney can ask the Municipal Court Judge for a “civil reservation.” This means that your guilty plea to a plea bargain in … Continued

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