by Fred Sisto | Nov 24, 2015 | Blog, Criminal Law, Warrants
In the face of a lack of binding precedent in New Jersey, a good attorney will analyze precedent from other jurisdictions in an effort to buttress an otherwise novel argument in New Jersey. In United States v. Elliott, 576 F. Supp. 1579, a 1984 federal case from the...
by Fred Sisto | Nov 20, 2015 | Blog, Criminal Law, Warrants
The seminal case on the issue of “staleness” in New Jersey is State v. Novembrino, 105 N.J. 95, 519 A.2d 820 (N.J., 1987). There, the police sought a search warrant through a sworn statement that was written in the present tense with regard to their evidence, but...
by Fred Sisto | Nov 16, 2015 | Blog, Criminal Law, Warrants
A common mis-conception among people charged with crimes is that there is no point in hiring the most capable attorney because they feel that the evidence against them is too strong to overcome. This is especially true of people that gave statements to the police in...
by Fred Sisto | Oct 10, 2015 | Blog, Criminal Law, Know Your Rights
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...
by Fred Sisto | Sep 30, 2015 | Blog, Criminal Law, Know Your Rights
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...