Note that the effect of Judge Lisa’s Order is not limited to municipal court DUI cases. The use of a device calibrated by Sergeant Dennis can also affect the viability of a subsequent prosecution under N.J.S.A. 2C:40-26 “Operating Motor Vehicle During Period of License Suspension.” That is a fourth-degree felony handled at the superior court […]
Trooper Dennis Alcotest Prior Convictions: Part 1
On November 28, 2017, Judge Lisa of the Appellate Division issued an order that affects most anyone accused of a second offense or greater DUI in New Jersey. In every case and every DUI sentence anywhere in the state, the prosecutor must ascertain whether that prior conviction had a reading that was calibrated by former […]
Amendment to AG Internal Affairs Policy: Part 3
If the allegation was not sustained, the letter shall provide the complainant with a brief explanation why the complaint was not sustained (e.g., insufficient proof, lack of witnesses, etc.). If the allegation was sustained and discipline was imposed, the letter shall simply state that the allegation was sustained and that the officer has been disciplined […]
Amendment To AG Internal Affairs Policy: Part 2
Under the section entitled “Accepting Reports Alleging Officer Misconduct,” the first two sentences of paragraph 3, requirement 2 are amended to read as follow: The internal affairs investigator, supervisor, or other officer receiving the complaint will explain the department’s disciplinary procedures to the person making the complaint. The officer shall advise the complainant that he […]
Amendment To AG Internal Affairs Policy: Part 1
On November 15, 2017, the New Jersey Attorney General amended Law Enforcement Directive No. 2017-2 regarding “Internal Affairs Policy and Procedures”. The amendment now requires mandatory notification of the disposition of complaints to internal affairs complainants. The AG’s memo reads: TO: Director, Division of Criminal Justice Superintendent, New Jersey State Police All County Prosecutors All […]
Stun Gun Legalization: Part 5
The NJSP Superintendent’s new rule proposal continues: Jobs Impact The proposed amendments and new rule are not expected to result in the generation or loss of jobs in New Jersey, although allowing the sale or transfer of stun guns to adults in New Jersey could have a positive impact on the job market. Agriculture Industry […]
Stun Gun Legalization: Part 2
The Attorney General’s memo continues: This approach is consistent with public safety, and the Consent Order does not preclude prohibiting the sale to or possession of stun guns by minors. Accordingly, we advise that, consistent with the Consent Order and the proposed rule: The prohibition under N.J.S.A. 2C:39-3(h) of possession of a stun gun may […]
Stun Gun Legislation: Part 1
As of October 20, 2017, the New Jersey Attorney General has conceded that our law criminalizing an adult’s possession of stun guns and Tasers is unconstitutional under the Second Amendment. Following a six-month period to promulgate rules, the AG has advised all law enforcement agencies not to arrest and prosecute adults for stun gun and […]
AG Modifications To CJ Reform Policies: Part 13
The following sections were also added to the Attorney General’s Directive: 4.6.8 Confidentiality of ODARA Scores and Scoring Forms. Due to, among other things, the inclusion of criminal history information, ODARA scores and ODARA Scoring Forms are not subject to public access and shall only be disseminated amongst police or other law enforcement agencies authorized […]
AG Modifications To CJ Reform Policies: Part 5
The amended section 4.6.1 of the Attorney General’s Directive regarding criminal justice reform reads: 4.6.1 The Need for a Risk Assessment Tool in Domestic Violence Cases. The automated pretrial risk-assessment and the resulting Public Safety Assessment (PSA) do not account for certain risk factors that are widely recognized as predictive of the likelihood of a […]
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