Increased DWI Dismissals in New Jersey
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Increased DWI Dismissals in New Jersey


Over the last 10 years, New Jersey has seen a noticeable decrease in convictions for driving while intoxicated (DWI). In 2008, 85 percent of drivers were found guilty of DWI charges; that number has decreased to 71 percent as of 2017. DWI charge dismissals have more than doubled over this time, as well as with » Read More

Thousands of New Jersey Breathalyzer Results may be Invalid


Under New Jersey’s implied consent law, drivers suspected of being under the influence must agree to a breathalyzer test to determine their blood-alcohol level. Drivers who refuse to comply face suspension. Yet new information suggests that a New Jersey State Police sergeant, a coordinator in the State Police Alcohol Drug Testing Unit responsible for calibrating » Read More

Megan’s Law Found Excessively Punitive


In 1994, a repeat child sex offender raped and killed his seven year-old neighbor, Megan Kanka.  Outraged by the tragedy, New Jersey legislators passed “Megan’s Law,” which includes a strict requirement for sex offenders.  They must satisfy registration and community notification requirements for life, with no eligibility to be removed from the offender’s list.  The » Read More

Lesser Included Offenses


The course of a criminal prosecution involves collection of evidence and a report generated by the police. This information is passed on to a prosecutor who reviews the findings and decides whether there is probable cause that a crime has been committed. If there is sufficient evidence that a crime has been committed, then a » Read More

Medical Marijuana Temporarily Protected from Prosecution


The cannabis reform debate remains in the forefront nationally. Some states have legalized marijuana for both recreational and medicinal purposes. Many states, however, have legalized marijuana for medical use only. New Jersey is one of those states that falls into the latter category, legalizing marijuana for medicinal use, but not for recreational use. Federal law » Read More

New Jersey Law on Weapons in School


Since the February shooting at Marjory Stoneman Douglas High School in Florida, there have been at least four arrests and multiple gun threats in schools in New Jersey. N.J.S.A. 2C:39-5(e) is the statute regulating firearms and other weapons in educational institutions. The law bans anyone from bringing a weapon onto the grounds or building of » Read More

Cyber Crimes


In today’s world, computers and the internet are an important part of everyday life. Many Americans perform some or all their job duties online, bank online, make purchases online, and even find love online. However, it is also possible to commit crimes online. These offenses are known as cyber crimes. When an individual is charged » Read More

Vehicle Searches in New Jersey


Drivers are protected from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution. This includes protection from an unreasonable search of one’s vehicle. In New Jersey, police officers generally will search a vehicle under two different set of circumstances: when the driver gives consent for the search, or when the police » Read More

Entrapment Basics


Some criminal charges can be defended by arguing entrapment, meaning the defendant was coerced by law enforcement or another government entity into committing a crime. With a successful entrapment defense, the defendant will not be held legally liable for the crime they were charged with, and a verdict of not guilty will be returned. Not » Read More

Restitution in New Jersey


A court may sentence an offender to pay restitution to his or her victim for the losses experienced in the crime. Restitution is not the same as a fine, although both may prove part of the sentencing. Fines for a particular conviction are embedded in state law, and their purpose is punitive, or for punishment » Read More