Criminal Law Blog

The Administrative Directive continues in relevant part: 3. Track One - Inappropriate for Probation/Danger to the community - N.J.S.A. 2C:35-14a(9) a. T1 Inappropriate/Danger b. T1 Inappro/danger 4. Track One - Present offense not related to substance use disorder -...

On January 17, 2023, Administrative Directive 01-23 was issued. It promulgates a revised list of legal rejection codes used in eCourts for Recovery Court. The updated list limits the reasons for rejection from admission into the program to those specifically set forth...

The New Jersey Supreme Court concluded with the following in relevant part: Appellate courts during the appellate review process are better suited than trial courts conducting charge conferences to determine whether evidence is "jumping off the page" of the trial...

The Supreme Court continued in relevant part: The Appellate Division's proposed rule also aimed to ensure that the relevant standard would be applied initially by the trial court, not "an appellate court reviewing a cold record.” But as the Appellate Division...

The New Jersey Supreme Court continued in relevant part: The Appellate Division reasoned that the new procedural rule was essential "to avoid whenever possible the need to reverse an otherwise valid jury verdict" when the failure to instruct the jury sua sponte on...

On January 11, 2023, the New Jersey Supreme decided the Camden County case of State v. Timothy Canfield. The principal issue before the Court under N.J.S.A. 2C:1-8 concerned a proposed rule requiring trial courts to consider a passion/provocation manslaughter jury...

Judge Fasciale concluded with the following in relevant part: The Court notes that the circumstances giving rise to probable cause here included a sequence of interconnected events that began with the information Sutter received from a concerned citizen two months...

The New Jersey Supreme Court continued: To overcome the presumption under both the United States and the New Jersey Constitutions that a warrantless search is invalid, the State must show by a preponderance of evidence that the search falls within one of the...

Judge Fasciale continued: Considering the information from the CI and the concerned citizen, Taranto’s investigation, and the surveillance by Taranto and Sutter, Officers Taranto and Sutter determined they had reasonable and articulable suspicion to perform an...

On March 8, 2023, the New Jersey Supreme Court decided the Ocean County case of State v. Kyle A. Smart. The principal issue concerned whether the circumstances giving rise to the probable cause vehicle search were “unforeseeable and spontaneous.” Judge Fasciale wrote...