On July 19, 2016, in the case of State v. Robert J. Stein, The New Jersey Supreme Court unanimously held that a municipal prosecutor must provide audio and video discovery, including relevant out of town discovery. This is important because municipal prosecutors often...
Legal Procedures
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...
Conspiracy and Statutes of Limitations
Two important holdings came from the case of State v. James E. Jones, Docket No. a-3600-13 (App. Div. 2016), decided on June 15, 2016. First, the five-year criminal statute of limitations is not tolled under the "DNA exception" of N.J.S.A. 2C:1-6c when the DNA...
Bail Pending Appeal (Part 2)
In general, the legitimate concern of the court with regard to setting bail is to ensure that the defendant will appear in court when required. State v. Johnson, 61 N.J. 361 (1972). More specifically, bail pending appeal shall be granted "if it appears that the case...
Bail Pending Appeal (Part 1)
Prison-bound defendants generally fall into two categories. The first category involves those who are convicted of a first or second degree crime. The second category deals with those whose prior records are bad and are therefore not amenable to probationary...
Criminal Law – The Sentencing Process (Part 4)
A court may consider other matters that it finds mitigating even if not listed in the statute. State v. Rice, 425 N.J. Super. 375, 381 (App. Div. 2012). In addition to the enumerated mitigating factors, restrictions on the defendant that will not serve to offset the...
Criminal Law – The Sentencing Process (Part 3)
As opposed to the aggravating factors that weigh in favor of a longer and/or more severe sentence, the mitigating factors weigh in favor of a shorter and/or less severe sentence. Aside from arguing the applicability of mitigating factors, the defense should...
Criminal Law – The Sentencing Process (Part 2)
Returning to the required balancing of the aggravating and mitigating factors in formulating a sentence, the State has the burden to prove the existence of any aggravating factors. State v . Merlino, 208 N.J . Super. 24, 261-62 (Law Div. 1984). The burden of proof is...
Criminal Law – The Sentencing Process (Part 1)
With regard to the sentencing of defendants who have been convicted of a criminal offense, the sentence is supposed to result from the balancing of aggravating and mitigating factors which are then applied to the sentencing range for the particular offense. The...
The Proper Protocol For Selling Your Firearm
There is a lot of red tape separating the citizens of New Jersey from firearms. However, this is not necessarily a negative aspect of the state's government. New Jersey’s strict rules and guidelines have caused the state to rank in the top five in terms of safety...