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

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

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

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 … Read More

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

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 … Read More