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Articles Posted in Criminal Attorney

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Seizing Evidence During an Emergency: NJ Supreme Court Weighs In

The New Jersey Supreme Court’s December 4, 2025 decision in State v. Caneiro is a big reminder that “exigent circumstances” is not a slogan courts apply in hindsight, but an objective, fact-sensitive test grounded in what officers reasonably knew in the moment. Here, the Court focused on whether the exigent-circumstances exception applied during an…

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Immigration Consequences and Plea Advice: Clarifying Counsel’s Role in New Jersey

In State v. Juan C. Hernandez-Peralta (decided July 22, 2025), the New Jersey Supreme Court answered a practical question that comes up all the time in criminal practice: how far does a defense lawyer have to go to investigate a client’s immigration status? The Court held that, on the facts of this…

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New Jersey Supreme Court Limits Warrantless Car Searches in State v. Fenimore

The New Jersey Supreme Court has continued to reinforce the strength of our State Constitution’s warrant protections in its recent decision, State v. Fenimore. The Court unanimously held that the automobile exception does not permit police to conduct a warrantless search of a vehicle once law enforcement has full control over the…

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New Jersey Supreme Court Ruling Shapes Discovery Obligations For Criminal Defense Attorneys in Hudson County and Beyond

The Supreme Court of New Jersey’s decision in State v. Isaiah J. Knight offers a nuanced examination of the limits of reciprocal discovery in criminal cases, particularly focusing on the circumstances surrounding an affidavit recanting a witness’s previous identification of the defendant as the perpetrator of a crime. The facts…

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Hudson County Criminal Lawyer’s Analysis of Recent Eyewitness Identification Decision

In a landmark decision that underscores the evolving landscape of criminal law, the New Jersey Supreme Court in State v. Brandon M. Washington set forth new guidelines aimed at enhancing the reliability of eyewitness identification, a pivotal issue in criminal defense, especially in jurisdictions like Jersey City. The ruling reflects…

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Navigating the Complexities of Witness Tampering Laws: Insights from a Jersey City Criminal Defense Attorney

In a landmark decision, the New Jersey Supreme Court provided critical insights into the state’s witness tampering statute through the case of State v. William Hill. This case scrutinized the boundaries of lawful communication and witness intimidation, posing significant implications for criminal defense strategies. The core of the dispute revolved…

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Understanding the NJ Supremes’ Decision in State v. Roberson Burney

Summary Cell tower evidence is frequently used in criminal cases. The New Jersey Supreme Court recently issued a pivotal decision in the case of State v. Roberson Burney, a case dealing with complex issues of evidence admissibility and the potential for cumulative error during a trial. The Court ruled that…

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Attorney Steve Natoli Wins Appeal, Vacating Client’s Conviction and 23 Year Prison Sentence

Attorney Stephen Natoli successfully argued before a three-judge panel that his client’s rights had been violated during a 2019 trial handled by prior counsel.  Following the trial, Defendant was sentenced to twenty-three (23) years in prison.  He had been serving his prison sentence when he retained Mr. Natoli for his…

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Invocation of Your Right to Counsel: How Concise Must Your Request for Counsel Be?

Under the Sixth Amendment of the United States Constitution and the laws of New Jersey, suspects are entitled to have an attorney present while they are held in custody for questioning. But how explicit must your request for counsel be? In State v. Laura Gonzalez, the Supreme Court of New…

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Protective Sweeps: An Exception to the Warrant Requirement

Although the United States Constitution and the New Jersey Constitution reflect the importance of the fundamental right to privacy, there exists a few doctrines which allow for warrantless search of a home. One such exception to the warrant requirement is the protective sweep doctrine. The United States Supreme Court determined…

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