While Heller was the most recent United States Supreme Court case to address the Second Amendment as applied to guns, it is often overlooked that the Second Amendment protects the right to bear “arms” or weapons, not just firearms. On March 21, 2016, in the case of...
Know Your Rights
Second Amendment Case Law (Part 3)
Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state...
Second Amendment Case Law (Part 2)
The prefatory clause comports with the Court's interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in...
Second Amendment Case Law (Part 1)
Second Amendment rights are a hot button issue in the United States. During this election season, they are certain to play a role in the presidential debates and campaigns. The most recent United States Supreme Court case on the firearms issue was District of Columbia...
State of Mind – Hearsay Evidence
On July 18, 2016, the New Jersey Supreme Court issued a unanimous opinion in the case of State v. Stephen Scharf. The Court addressed whether it was error for the trial court to admit hearsay statements from the victim's friends and her therapist, including statements...
Registry Identification Cards
Registry Identification Cards – Keep Your Information Current It is exceedingly important that you understand the responsibilities of carrying a registry identification card if you have been prescribed medical marijuana. Not knowing these responsibilities could result...
Cheap Attorney Pit Falls – Part 4
Far too many lawyers that hold themselves out as “criminal defense attorneys” spend their entire careers without ever cross-examining a witness in court. Since the willingness and ability to do so are your strongest bargaining chips in court, even when and especially...
Cheap Attorney Pit Falls – Part 3
Of course, finding a good criminal defense attorney is much easier said than done. I can remember thinking before I practiced law that all lawyers must be pretty much equal. My logic was that they all have to graduate law school and pass the bar exam, so they must all...
Cheap Attorney Pit Falls – Part 2
The best attorneys still use a conditional discharge or dismissal as a last resort, as opposed to an easy first resort. This is because contesting motions or a trial in municipal court can lead to a downgrading or dismissal of the charges without having to use a...
Cheap Attorney Pit Falls – Part 1
There are numerous pitfalls to hiring a lawyer based strictly on the lowest price. This applies to serious felony cases handled at the superior court level, as well as municipal court offenses. It is important to keep in mind that even municipal court offenses can...