Appellate Division Vacates Rejection of Pre-Trial Intervention

posted in: Blog | 0

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

NJ Supreme Court Upholds Search and Overturns Pena-Flores

posted in: Blog | 0

On September 24, 2015, the New Jersey Supreme Court issued a ruling in State v. Witt which overturned the Court’s previous ruling in State v. Pena-Flores regarding police searches of automobiles. In State v. Pena-Flores, the defendant was placed under … Continued

Warrantless Entry Permissible Under Emergency-Aid Doctrine

posted in: Blog | 0

On July 20, 2015, in State v. Reece, the New Jersey Supreme Court ruled that the emergency-aid doctrine justified the officer’s warrantless entry into the defendant’s home. One exception to the warrant requirement set forth by the Fourth Amendment of … Continued

What is the Twenty Minute Observation Period?

posted in: Blog | 0

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

Trooper’s Search of Overturned Vehicle Was Illegal

posted in: Blog | 0

On August 3, 2015, the New Jersey Supreme Court decided State v. Keaton. In this case, a State Trooper responded to the scene of an accident where the defendant’s car was overturned. Since the defendant was receiving medical attention, the … Continued

New Jersey Supreme Court Decides State v. Kuropchak

posted in: Blog | 0

The New Jersey Supreme Court handed down a unanimous decision in State v. Julie Kuropchak on April 28, 2015. In this case, the defendant was convicted of DWI after a trial in the Garfield Municipal Court. However, the prosecutor did not … Continued

New Ruling for Civil Reservations

posted in: Blog | 0

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