Criminal trial attorneys regularly deal with such issues as probable cause, the validity of searches incident to an arrest, and whether the defendant is eligible for Pre-Trial Intervention.
The law in this area is subject to exacting scrutiny by the courts, and the case law is in continuous development. For example, the NJ Supreme Court recently held that an “off-the record” conversation between the police officer and a defendant could not later be used against the defendant – even when Miranda or “due-process” warnings are also given.
The U.S. Supreme Court recently ruled in a 5-4 decision that it was acceptable for the police to take DNA samples from an individual even without a conviction.
The N.J. Appellate Division recently reviewed some important issues in the transportation of guns in State of N.J. v. Reininger.
Within the past few years, Robert Scirocco has effectively represented a number of high profile defendants who have been subject to media attention. These include defendants who have been charged with aggravated assault, distribution of drugs/narcotics, sexual misconduct, and domestic violence in the Morris, Sussex, and Warren County court systems.
Criminal Law: Related Information
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DNA SAMPLES In the 2013 case of Maryland v. King, the U.S. Supreme Court ruled that the police are permitted to take a DNA sample of a suspect arrested with ...Read More
THE DEFENDANT CAN BE COMPELLED TO APPEAR FOR SENTENCING The New Jersey Supreme Court recently ruled that the trial judge has the authority to compel the defendant to appear for ...Read More
A WARRANT IS NOW REQUIRED TO WITHDRAW BLOOD The U.S. Supreme Court recently ruled in the matter of Missouri v. McNeely, 133 S. Ct. 1552 that in most cases a ...Read More
The issue of the right to a speedy trial was recently raised in the unpublished Appellate Division case of State of NJ v. Castro. There, the Court wrote the following: ...Read More
In the case of Duke v. Filko the 3rd Circuit rejected a constitutional challenge to New Jersey law that requires that applicants for a gun carry permit show that they ...Read More
In a recent criminal trial, one of the jurors disclosed that he was familiar with witnesses and the victim of the alleged murder. During the trial he actually advised other ...Read More
Governor Christie recently vetoed a number of controversial gun control bills. These include the following: * Banning guns that take 50 caliber ammunition; * Mandating driver licenses that encrypt information ...Read More
In DWI cases the police often make the determination that a blood test taken at a local hospital is needed. The question then becomes whether a warrant is necessary to ...Read More
20-Minute Observation Issue that is required as a foundational proof for the admissibility of Alcotest blood-alcohol results. 20-Minute Observation Issue In a comprehensive, written decision stemming from a municipal appeal, ...Read More
The New Jersey Supreme Court recently ruled that before a defendant in a criminal case can choose to waive a jury trial, he or she must sign a written waiver ...Read More
The Appellate Division recently ruled that with respect to applications for handgun permits, a municipality cannot request information from the applicant that is not authorized by way of the State ...Read More
If one is charged with a refusal to submit to a breath test, the past record of the defendant may come into play. In the recent case of State v ...Read More
Warrantless Search under the Emergency Aid Doctrine Can police search a suspect’s home without a warrant if they believe that the individual is critically injured inside the dwelling? The Appellate ...Read More
In 2003, Naquan O’Neil was tried for murder and aggravated manslaughter. His attorneys asserted that he was not guilty of murder because he acted in self-defense but did not assert ...Read More
An expungement is the “extraction ad isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, ...Read More
In 2013, an individual applied to the Aberdeen Police Department for permits relating to the purchase of firearms. The department undertook a background check of the applicant and learned that ...Read More
On September 24, 2015 the NJ Senate passed two bills intended to ease the attainment of expungements when it comes to certain criminal records. Under one bill, enacted into law ...Read More
Most criminal matters are resolved without having to go to trial and instead taking a guilty plea either to the original charge or to a reduced charge. The NJ Supreme ...Read More