NJ Supreme Court Vacates Conviction for Obstruction of the Administration of Law

On March 12, 2019, the New Jersey Supreme Court decided State v. Andrew J. Fede (A-53-17) (079997). In this case, the Cliffside Park Police responded to the defendant’s home after receiving a domestic violence call. The defendant had his door … Read More

NJ Supreme Court Rules on Drug Court Expungements

On January 8, 2019, the New Jersey Supreme Court decided In the Matter of the Expungement of the Arrest/Charge Records of T.B. (A-18/19/20-17) (079813). This case involved three individuals who had criminal records and entered the drug court program pursuant … Read More

No Weekend Jail for Third or Subsequent DWI Offenders

On July 13, 2018, the New Jersey Appellate Division decided State v. Pedro C. Anicama. In this case, the defendant pled guilty to a third or subsequent DWI. A conviction for a third or subsequent DWI conviction comes with a … Read More

One Prior DWI and One Prior Refusal Sufficient for N.J.S.A. 2C:40-26

On July 10, 2018, the New Jersey Appellate Division decided State v. James T. Dougherty. In this case, the defendant had a prior conviction for DWI and a separate conviction for refusal to submit to a breath test. The defendant’s … Read More

Appellate Division Reverses Denial of Expungement for Probation Violations

On March 19, 2018, the New Jersey Appellate Division decided the Matter of the Expungement of the Criminal Records of E.C. (A-5175-15T4). In this case, E.C. initially pled guilty to third-degree possession of cocaine with intent to distribute. She was … Read More

Appellate Division: No Presumption Against PTI for Indictable Driving While Suspended

On September 20, 2016, the New Jersey Appellate Division decided State v. Rizzitello (A-0536-15T2). In this case, the defendant was charged with the indictable offense of driving while suspended due to a DWI under N.J.S.A. 2C:40-26(b), which is a fourth … 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

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

Trooper’s Search of Overturned Vehicle Was Illegal

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 … Read More