Articles Tagged with Hudson County

Hudson-County-Criminal-Lawyer-Abandoned-Property-300x169The 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, where the defendant fled and left behind a suitcase containing illegal substances. By abandoning the suitcase, Gartrell relinquished any privacy interest he had in the item, thereby negating his ability to challenge the police’s warrantless search of the suitcase.

The decision underscores a critical point for both legal professionals and the general public: the act of abandoning property, especially during a police encounter, can have profound implications on one’s constitutional rights. The court’s analysis provides a nuanced understanding of how actions taken in the heat of the moment can lead to the forfeiture of rights to privacy and the protection against unwarranted governmental intrusion.

This case is a stark reminder of the legal complexities surrounding searches and seizures, and it serves as a crucial point of discussion for those interested in criminal law and constitutional rights. It also highlights the judiciary’s role in interpreting and applying legal principles to specific factual contexts, offering valuable insights into the balance between law enforcement interests and individual rights.

jersey-city-criminal-sentencing-judge-1In 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 the “finder of fact,” is tasked with determining what happened in a specific case and how those facts are relevant to the legal proceeding. The judge, otherwise known as the “trier of law”, is tasked with making legal rulings and ensuring that legal proceedings adhere to specific guidelines.

However, there are instances in which courtroom actors confuse the role they must play.

In State v. Melvin and State v. Padden-Battle , the Defendants were sentenced by the same judge who overlooked a jury’s acquittal and made decisions based on their own “fact-finding”.

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.


Often times when a client begins a consult at our law office they are totally unaware that an incredibly straightforward defense exists to their case.  That defense is often times related to the most basic proof that the prosecutor bears the burden of establishing: that the Defendant actually operated and/or had the intent to operate their vehicle.

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