by Fred Sisto | Jun 1, 2017 | Blog, Criminal Law, Law Reform and Amendments, New Jersey
Note that the unlawful possession of a firearm conviction carries not only mandatory jail time, but also a mandatory period of parole ineligibility. Thus, a domestic violence complaint with no underlying criminal offense can quickly provide the basis for a very...
by Fred Sisto | May 8, 2017 | Blog, Criminal Law, Interrogation, Know Your Rights, New Jersey
In the case of State v. James Kucinski, decided on January 30, 2017, Justice Solomon wrote for a unanimous New Jersey Supreme Court. In this appeal, the Court considered whether cross-examination regarding facts to which defendant testified at trial, but omitted in...
by Fred Sisto | May 6, 2017 | Blog, Criminal Law, Judge and Jury, New Jersey
While Salman’s appeal to the Ninth Circuit was pending, the Second Circuit decided that Dirks does not permit a fact finder to infer a personal benefit to the tipper from a gift of confidential information to a trading relative or friend, unless there is “proof...
by Fred Sisto | May 4, 2017 | Blog, Criminal Law, Judge and Jury, New Jersey
On December 6, 2016, Justice Alito delivered the opinion for a unanimous United State Supreme Court in the case of Bassam Salman v. United States. Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b–5 prohibit undisclosed trading on inside corporate...
by Fred Sisto | Apr 20, 2017 | Blog, Criminal Law, Jail Time and Probation, Legal Procedures, Monmouth County, Ocean County
The Moorer Court continued: In N.A., we followed the lead of State v. D.V. which ruled that a “prosecutor may select between a crime of the second degree under N.J.S.A. 2C:24-4(a) and a fourth degree offense under N.J.S.A. 9:6-3” and that “the...
