Appellate Division Rules Police Station Video is Discoverable

On May 2, 2016, the Appellate Division of New Jersey decided State v. Miraj Patel (Docket No. A-1683-14T3). In this case, the defendant was charged with DWI (39:4-50) and his attorney requested a copy of the video from the police … Read More

Thousands of Drug Lab Reports May Have Been Faked

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 … Read More

Manville Municipal Court Civil Reservation Granted

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 … Read More

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

What is the Twenty Minute Observation Period?

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 … Read More

Governor Signs Domestic Violence Crackdown Law

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 … Read More

NJ Supreme Court Rules on Expungements for Multiple Crimes

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 … Read More

What is New Jersey’s Implied Consent Law?

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) … Read More

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