A little known fact about cases involving police interrogations that result in “confessions” is that the confession alone is not enough to sustain a conviction. In addition to the confession, the prosecution must introduce some sort of corroboration of the crime. One reason for this corroboration requirement is that our courts and interrogation experts recognize […]
Can A Person Still Be Convicted of Assault if The Victim Doesn’t Press Charges?
The simple answer to this question is, yes. Regardless of whether the victim cooperates with law enforcement, the officers that arrive at the scene of the alleged assault can make an arrest that will lead the State to pursue charges. However, it all depends on the unique situation in which the alleged assault took place […]
Thinking about representing yourself in court? Think again.
When involved in a criminal case, you will eventually have to choose between either having an attorney at your side or representing yourself. If you do choose to represent yourself (appear “pro se”), then you will have much more work ahead of you than just arguing your case. For starters, you will have to answer […]
History of The Miranda Rights and Their Importance
On June 13, 1966, the Miranda Rights were established as a result of the arrest and trial of Ernesto Miranda in 1963. Miranda was arrested under the suspicion of sexually assaulting a woman in Phoenix. After the arrest, officers may have coerced a confession out of Miranda while interrogating him. This confession was used as […]
Your Rights During a Motor Vehicle Stop
If you are stopped by an officer in Ocean or Monmouth County and he/she asks if they can search your vehicle, do you know your rights? Do you know what happens next if you say no? Do you know if the officer has a right at any point to search your vehicle without your consent? […]
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 and gun related deaths per capita. The laws […]
Family Illegally Strip Searched By Police
In Doe v. Groody, decided on March 19, 2004, the majority held that it was clearly established that unless a search warrant specifically incorporates a police officer’s sworn statement (the affidavit) made at the time that a warrant is requested, the scope of the warrant may not be broadened by language in the affidavit. The […]
Boaters’ Search and Seizure Rights
A friend of mine recently purchased a jet ski and asked whether the police needed reasonable suspicion to stop him on the water, i.e. if the same rule that applies to automobile stops applies to boats and jet skis. The short and surprising answer is “No.” Under New Jersey’s Administrative Code, the police can stop […]
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