New Jersey Supreme Court Considers Youth a Mitigating Factor

On December 29, 2021, the New Jersey Supreme Court released its decision in State v. Cynthia Rivera. In this case, the defendant was sentenced for first-degree aggravated manslaughter, second-degree aggravated assault, and second-degree conspiracy to commit robbery. Despite the fact … Read More

Defendants Can Require Live Witnesses for Gun Permit Database Searches

On December 27, 2021, the New Jersey Supreme Court released its decisions in two cases: State v. Jose Carrion and State v. Tywaun S. Hedgespeth. In both of these cases, the defendants were charged with unlawful possession of a weapon … Read More

NJ Supreme Court: Applicant Entitled to Law Division Hearing

On January 28, 2020, the New Jersey Supreme Court decided In re Application for Permit to Carry a Handgun of Calvin Carlstrom. In this case, the Court ruled that a handgun carry-permit applicant is entitled to a hearing if his … Read More

US Supreme Court Remands DRE Case to Special Master

On November 18, 2019, the New Jersey Supreme Court issued a ruling in the case of New Jersey v. Michael Olenowski. The ruling remands the matter to a Special Master to determine whether Drug Recognition Expert (DRE) evidence is generally … Read More

No Night or Weekend Jail for NJSA 2C:40-26

On May 21, 2019, the New Jersey Supreme Court decided State v. Rene M. Rodriguez (A-80-17) (081046). The Court was asked to determine whether defendants convicted of the fourth-degree crime of operation of a motor vehicle during a period of … Read More

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

If you need a drug court expungement, the Law Office of Jason T. Komninos can help. The 2016 drug court expungement statute, N.J.S.A. 2C:35-14(m), allows drug court graduates to expunge their entire criminal records with certain exceptions. Three individuals had … Read More

NJ Supreme Court Prohibits Use of Priors DWI Convictions in Death By Auto Case

On November 28, 2018, the NJ Supreme Court decided State v. Carlos B. Green (A-39-17). In this case, the defendant was indicted for first-degree vehicular homicide while intoxicated and within 1,000 feet of a school under N.J.S.A. 2C:11-5(b)(3)(a). The defendant … Read More

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