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…
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…
The New Jersey Supreme Court recently issued a major ruling that reshapes how courts and prosecutors must apply the state’s strict Graves Act sentencing rules for gun offenses. In State v. Zaire J. Cromedy (decided August 5, 2025), the Court unanimously held that a conviction under N.J.S.A. 2C:39-5(j), which makes it a…
The Supreme Court of New Jersey’s decision in the case of State v. Curtis L. Gartrell presents a significant analysis of property rights and the Fourth Amendment’s protections against unreasonable searches and seizures. In this case, the court examined the concept of abandonment in the context of a police chase,…
In New Jersey, a criminal defendant’s right to a jury trial is guaranteed by both the Sixth Amendment to the United States Constitution and the State Constitution. The principles of fairness and justice are encompassed in the roles assigned to the judge and the jury. The jury, otherwise known as…
In New Jersey judges and prosecutors take very seriously when an individual is charged with Driving While Intoxicated. Nonetheless, certain defenses do exist that can be beneficial to a defendant at trial or during negotiations with a prosecutor. This article explains two of those defenses. Operation: Often times when a…