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 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

DWI and Child Endangerment in New Jersey

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In New Jersey, if you are charged with DWI and a child is present in the car, you could also be charged with endangering the welfare of a child under 2C:24-4. DWI and child endangerment charges are both very serious. … Continued

Police Not Exempted from Search Warrant Requirement in State v. Wright

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On May 19, 2015, the Supreme Court of New Jersey decided State v. Wright. In this case, a landlord discovered drugs in a tenant’s apartment after letting himself in with a plumber to repair a leak. The landlord called the … Continued

Appellate Division of New Jersey Clarifies 2C:40-26

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The Appellate Division of New Jersey ruled on State v. Perry on March 3, 2015. The Court ruled that 2C:40-26 does not apply to defendants who have served a period of license suspension for DWI, but have not yet restored … Continued