Appellate Division Remands PCR Appeal for Evidentiary Hearing

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, … Read More

Can You Be Guilty of Leaving the Scene of an Accident Without Making Contact?

In a case of first impression, the New Jersey Appellate Division upheld the defendant’s conviction of leaving the scene of an accident even though the defendant may not have actually made contact with the victim. In State v. Sene, the … Read More

Appellate Division Upholds Denial of Motion to Suppress

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 … Read More

Bergen County Announces Crackdown on Crosswalk Violations

On October 6, 2015, Bergen County officials announced a crackdown on violations of pedestrians and crosswalk safety laws. Officials seek to reduce the amount of pedestrian-related traffic accidents. During this crackdown, pedestrians who violate the law may see an increase … Read More

Appellate Division Vacates Rejection of Pre-Trial Intervention

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) … Read More

DWI and Child Endangerment in New Jersey

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. … Read More

US Supreme Court Rules Prolonged Traffic Stop Unreasonable

On April 21, 2015, the United States Supreme Court decided Rodriguez v. United States. The case involves a dog sniff conducted after the completion of a traffic stop. In this case, a K-9 officer pulled Rodriguez over after watching his … Read More

NJ Supreme Court Upholds Search and Overturns Pena-Flores

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 … Read More

Warrantless Entry Permissible Under Emergency-Aid Doctrine

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 … Read More

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