Yes, as held in State v. Sims, if the Court determines that the waiver was not signed knowingly, intelligently and voluntarily then that waiver is considered ineffective and the defendant’s Fifth Amendment Rights can still be violated. The right against self-incrimination is guaranteed by the Fifth Amendment to the United…
Yes, if the court conducts a thorough analysis of the factors listed in United States v. Burton and those factors favor denial of Defendant’s request. In March of this year the New Jersey Supreme Court dealt with this very issue in the context of a murder trial. In State v.…
New Jersey has some of the strictest and most complex firearms laws in the United States. Often times, prospective clients have questions related to their right to bear arms within our State. This article endeavors to touch upon some issues that arise as considerations for New Jersey residents. Is a…
On March 4, 2021 Judge Grant provided additional guidance on the Judiciary’s plans for in person jury trials for the remainder of the year. Judge Grant’s memo notes that the judiciary has been closely monitoring the Covid numbers in an attempt to discern whether or not it is appropriate to…
In State v. Damon Williams the court was confronted with the issue of whether or not the prosecutor’s use of a photo of Jack Nicholson in the movie The Shining was inappropriate. In Williams the defendant walked into a local bank branch and engaged a young female bank teller. The…
After years of back and forth regarding the legalization of recreational marijuana citizens in the state overwhelmingly voted in favor of legalization. Their vote then returned the issue back to politicians in order for them to iron out the details of how our state will proceed with the sale and…