What are the crimes against a person?
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Accomplice Liability Explained
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What are the Inchoate Crimes?
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Common Defenses to Street Crimes
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General Intent Versus Specific Intent Crimes
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What are the elements required for the commission of a crime?
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Fodder for Cross-Examining the Arresting Officer in a DWI Case
You are representing John Doe who has been arrested and charged with driving under the influence of alcohol. Not unlike most defendants charged with DWI, the officer (Officer Smith) administered a roadside sobriety test shortly after stopping John. For those unfamiliar with roadside sobriety tests, they are nothing more than a series of physical tests […]
Arguments in Opposition to “operating a vehicle in an intoxicated state” under the New Jersey DWI Statute
It has long been recognized that a prosecution for drunken driving is in the nature of a quasi-criminal proceeding and must be conducted so as to respect and safeguard the basic rights normally accorded one accused of a criminal offense. State v. Guerrido, 60 N.J. Super. 505, 510 (App. Div. 1960) (citing State v. McCarthy, […]
What is the exclusionary rule and under what circumstances can it be used?
The exclusionary rule “is a judicially created remedy designed to safeguard” the right of the people to be free from “unreasonable searches and seizures.” State v. Williams, 192 N.J. 1, 14 (2007). Under the exclusionary rule, “the State is barred from introducing into evidence the fruits of an unlawful search or seizure by the police.” […]
The Standard for Admissibility of Wiretap Evidence in New Jersey
In State v. Driver, 38 N.J. 255 (1962), the New Jersey Supreme Court authorized the use of electronic wiretaps, however, the Court listed several conditions that must be satisfied before wiretaps could be admitted into evidence. These conditions are as follows: (1) the speakers must be identified; (2) the device must be capable of taking […]