NJlawsVideo-............. The NJ Laws Tube

DV Reversed where Court Permitted Testimony of Acts not set forth in Complaint. J.D. v. M.D

2012-01-14T16:03:00.000-08:00

Injured DWI driver not barred from Sueing Tavern for Dram Shop Violation. Voss v. Tranquilino 206 NJ 93 (2011)

2012-01-14T16:01:00.000-08:00

No Exception to Search Warrant for “Nuisance Abatement.” State v. Kaltner 420 NJ Super. 524 (App. Div. 2011

2012-01-14T15:59:00.000-08:00

Police did not Require Warrant for Cell Phone Site. State v. Earls 420 NJ Super. 583 (App. Div. 2011)

2012-01-14T15:57:00.000-08:00

Denial of Criminal Motions does not bar OPRA Request. Kovalcik v. Somerset County Prosecutor’s Office 206 NJ 581 (2011)

2012-01-14T15:37:00.000-08:00

New Expert Testimony Requires Testimony of Acceptability and Reliability. State v. Pittman 419 NJ Super. 584 (App. Div. 2011)

2012-01-14T14:38:00.000-08:00

DP May Require Forfeit of Public Office. State v. Kennedy 419 NJ Super. 475 (App. Div. 2011)

2012-01-14T14:01:00.001-08:00

DP May Require Forfeit of Public Office. State v. Kennedy 419 NJ Super. 475 (App. Div. 2011)

2012-01-14T13:46:00.000-08:00

Dispatch of suspiciously parked car permits questioning. State v. Adubato

2012-01-14T13:26:00.000-08:00

Objection to lab report starts after all reports provided. State v. Heisler __ NJ Super.

2012-01-14T13:21:00.000-08:00

Failure to be able to give sufficient breath samples may be refusal. State v. Schmidt 206 NJ 71 (2011)

2012-01-14T13:14:00.000-08:00

Commercial DWI Refusal and General Refusal distinct statutes. State v Nunnally 420 NJ Super. 58 (2011)h

2012-01-14T13:08:00.000-08:00

Private citizen cannot appeal dismissal of criminal case dismissed on no probable cause. State v Bradley 420 NJ Super. 138 (2011)

2012-01-14T12:48:00.001-08:00

Expert can testify to lab report if they watched & supervised lab test. State v Rehmann 419 NJ Super. 451 (App. Div. 2011)

2012-01-14T12:39:00.000-08:00

Error by police dispatcher in invalid arrest warrant requires suppression of evidence under NJ Constitution. State v. Handy 206 NJ 39 (2011)

2012-01-14T12:32:00.000-08:00

Theft and calling mom senile fool not grounds for DV. E.M.B. v R.F.B. 419 NJ Super. 177 (App. Div. 2011)

2012-01-14T12:26:00.000-08:00

Witczak If no Exigency, no warrantless search even if report of gun. State v Witczak

2012-01-14T12:19:00.000-08:00

Rodriquez Spanish refusal language required retroactively. State v Rodriquez-Alejo 419 NJ Super. 33 (App. Div. 2011)

2012-01-14T12:14:00.000-08:00

Officer not always permitted to render opinion. State v. McLean 205 NJ 438 (2011)

2012-01-14T06:50:00.000-08:00

State v Brown 205 NJ 133 2011 Police do not need arrest warrant if they ...

2011-09-21T19:47:00.000-07:00

State v McLaughlin 205 NJ 185 (2011) .mov

2011-09-20T19:52:00.000-07:00

Resisting Arrest law

2011-04-01T13:58:00.000-07:00

AG use of force reports are public records O’Shea v West Milford 410 NJ Super. 371 (App. Div. 2010)

2010-05-24T19:42:00.000-07:00

AG use of force reports are public records O’Shea v West Milford 410 NJ Super. 371 (App. Div. 2010)
The Attorney General's guidelines, policies and procedures requiring the completion of "Use of Force Reports" (UFRs) and their maintenance in the files of police departments have the force of law for police entities, rending such documents accessible under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Therefore, UFRs do not qualify, generically,
under the "criminal investigatory records" exception of OPRA.

Prior refusal counts for 3rd DWI State v Ciancaglini 411 NJ Super. 280 (App. Div. 2010)

2010-05-23T16:48:00.000-07:00

Prior refusal counts for 3rd DWI State v Ciancaglini 411 NJ Super. 280 (App. Div. 2010)
In this appeal from a DWI conviction, after prior separate DWI and refusal convictions, this Appellate panel disagrees with the holding of State v. DiSomma 262 N.J. Super. 375 (App. Div. 1993), and hold that the prior refusal conviction does count toward making this a third offense. The court feels this holding is consistent with a line of cases both before and after DiSomma concluding that a prior DWI conviction counts toward enhancement of the sentence imposed for a refusal conviction. See, e.g., State v. Tekel, 281 N.J. Super. 502 (App. Div. 1995). The court also held that double jeopardy does not bar reinstatement of the sentence originally imposed in the municipal court for a third DWI offense, which was reduced in the Law Division to a sentence for a first DWI offense.

No specific words required for Miranda warnings Florida v. Powell 175 L.Ed 1009 S. Ct. _ (Dec. 7, 2009)

2010-05-23T16:19:00.000-07:00

No specific words required for Miranda warnings Florida v. Powell 175 L.Ed 1009 __ S. Ct. ___ (Dec. 7, 2009)
 In a state prosecution for possession of a weapon by a convicted felon, a reversal of defendant's conviction on Miranda grounds is reversed where the police satisfied Miranda's requirements by informing defendant that he had "the right to talk to a lawyer before answering any of their questions," and that he had "the right to use any of his rights at any time he wanted during the interview.
Advice that a suspect has “the right to talk to a lawyer before answering any of [the law enforcement officers’] questions,” and that he can invoke this right “at any time . . . during the interview,” satisfies Miranda.

Exigent circumstances may allow search of car State v Lewis 411 N.J. Super. 483 A-2066-08T4 (2-08-10)

2010-05-23T16:14:00.000-07:00

Exigent circumstances may allow search of car State v Lewis 411 N.J. Super. 483 A-2066-08T4 (2-08-10)
Where police stopped vehicle at night in a neighborhood known for drug sales based on evidence providing probable cause to believe vehicle contained drugs, persons other than the occupants who also had reason to believe the vehicle contained drugs may have had access to the vehicle, and there was a substantial question whether other police officers would have been available to detain the occupants while an application was made for a warrant, the State established the exigent circumstances required to justify a search of the vehicle under the automobile exception to the warrant requirement. Moreover, the validity of the search was not affected by the fact that drugs were found in a closed leather case because, when the automobile exception applies, the police may search every part of the vehicle and its contents that may conceal the object of
the search.

Refusal does not merge into DWI State v Eckert 410 NJ Super. 389 (App. Div. 2009) A conviction for refusal to submit to a breath examination cann

2010-05-23T15:58:00.000-07:00

Refusal does not merge into DWI State v Eckert 410 NJ Super. 389 (App. Div. 2009)
A conviction for refusal to submit to a breath examination cannot be merged with a DWI conviction. Such a plea agreement violated applicable merger principles as well as the Court's Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey.

New trial ordered where Judge conducted questioning of defense expert . State v. O’Brien 200 NJ 520 (2009) Defendant was entitled to face a si

2010-05-23T15:57:00.000-07:00

New trial ordered where Judge conducted questioning of defense expert . State v. O’Brien 200 NJ 520 (2009)
Defendant was entitled to face a single adversary, the State. He should not have had to bear the consequences of a judge who appeared to disbelieve him and his expert witness, revealed that disbelief to the jury, and supported a witness adverse to him. Because that conduct was clearly capable of producing an unjust result, a new trial is in order.

Police can Enter Home Under Emergency Aid Exception Michigan v. Fisher 130 S. Ct 546 U.S. Supreme Court December 07, 2009  No. 09–91

2010-05-23T15:54:00.000-07:00

Police can Enter Home Under Emergency Aid Exception Michigan v. Fisher 130 S. Ct 546 U.S. Supreme Court December 07, 2009  No. 09–91

In an assault prosecution, grant of petitioner's motion to suppress evidence that he pointed a rifle at an officer when he entered his house is reversed where the officer did not violate the Fourth Amendment because he was responding to a report of a disturbance and encountered a tumultuous situation in the house, which justified a warrantless search under the emergency aid exception

Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro  411 NJ Super 91 (App. Div. 2009)

2010-05-23T14:14:00.000-07:00

Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro  411 NJ Super 91 (App. Div. 2009)
The court considered defendant's appeal from the denial of a post-sentence motion to vacate his plea of guilty to driving while intoxicated. The motion was predicated on a claim that the state withheld exculpatory evidence, but by the time the motion was filed the evidence — a videotape recorded by the camera in the arresting officer's patrol car — had been destroyed through reuse in accordance with the police department's procedures. Applying State v. Parsons, 341 N.J. Super. 448 (App. Div. 2001), and State v. Marshall, 123 N.J. 1, 107-09 (1991), the court concluded that defendant failed to establish that he would not have admitted to driving if he had access to the videotape prior to the plea, and the court further concluded that the denial of his motion was fully consistent with a proper application of the principles set forth in State v. Slater, 198 N.J. 145 (2009).

No Points on Unsafe 97.2 if More than Five Years between Offenses. Patel v. New Jersey Motor Vehicle Commission 200 NJ 413 (2009)

2010-05-23T14:10:00.000-07:00

No Points on Unsafe 97.2 if More than Five Years between Offenses. Patel v. New Jersey Motor Vehicle Commission 200 NJ 413
(2009)
The unsafe driving ticket is no points for offense one and two. The 3rd gives the driver 4 points, unless there is more than 5 years between the 2nd and 3rd offense. The Supreme Court held Under N.J.S.A. 39:4-97.2(e), the exemption provision for assessing motor vehicle penalty points for an unsafe driving offense that occurs more than five years after “the prior offense,” “the prior offense” refers only to the most recent preceding offense based on both a plain reading of the statute and a review of the legislative history. Thus, the Motor Vehicle Commission correctly imposed motor vehicle points on Patel for having a fourth unsafe driving conviction in 2007, only one year after the date of her prior, third, unsafe driving offense.

Three year old’s statements admissible under tender years exception to hearsay. State v. Coder 198 NJ 451 (2009) In defendant’s criminal trial on

2010-05-23T14:02:00.000-07:00

Three year old’s statements admissible under tender years exception to hearsay. State v. Coder 198 NJ 451 (2009)
In defendant’s criminal trial on charges of sexual assault on a minor, the out-of-court statements by the victim – a three-year-old child – as testified to by her mother, were properly admitted because the statements were relevant and admissible under the tender years exception to the hearsay rule. Additionally, because the child’s statements were not testimonial, they did not implicate the defendant’s Confrontation Clause rights.

State v Ugrovics 20 minute observation

2010-05-23T13:31:00.000-07:00

In DWI case State must provide 20 minute observation of driver prior to breath test by clear and convincing evidence, but arresting officer can testify as part of 20 minutes State v Ugrovics 410 NJ Super. 482 (App. Div. 2009)
This appeal concerned the admissibility of the results of an Alcotest. By leave granted, the State appealed from the order of the Law Division suppressing the results of the Alcotest because the arresting officer, rather than the Alcotest operator, was the person who observed defendant during the twenty minutes prior to him taking the test. In reaching this conclusion, the trial court relied on what it characterized as the "procedures" mandated by the Supreme Court in State v. Chun 194 N.J. 54 (2008). The court reversed. This Appellate panel held that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The State can meet this burden by calling any competent witness who can so attest.

2010 Update on Wills, Probate and Estate Administration.mov

2010-05-21T19:04:00.000-07:00

Defending Drug under the influence and DWI cases involving blood tests

2009-12-26T14:47:00.000-08:00

Fighting insurance companies when you have been injured in an accident

2009-12-26T14:37:00.000-08:00

Defending Internet Crime cases-Defense to criminal offenses involving the internet

2009-12-26T14:28:00.001-08:00

What to do in an Automobile accident and collision with personal injuries

2009-12-26T14:16:00.000-08:00

Harassment defense 2C-33-4

2009-12-26T14:11:00.001-08:00

Bail Reduction Motions and reducing bail

2009-12-26T14:04:00.001-08:00

Contesting Motor Vehicle Suspensions/ DMV suspensions and hearings

2009-12-26T13:55:00.000-08:00

Scar and disfigurement cases

2009-12-26T13:49:00.000-08:00

Burn and Fire Injuries

2009-12-26T13:37:00.000-08:00

Leaving scene of accident 39-4-129

2009-12-26T13:28:00.000-08:00

Careless Driving 39-4-97

2009-12-22T19:56:00.000-08:00

Reckless driving 39-4-96

2009-12-20T16:49:00.000-08:00

Disorderly Conduct

2009-12-20T13:47:00.000-08:00

Seminar for Edison Police- Recent Criminal cases in New Jersey

2009-12-19T18:29:00.001-08:00

Elder Law and Estate Planning Tips

2009-12-19T18:20:00.000-08:00

Bus Accidents and injury- Recovery of Damages from Insurance Company

2009-12-19T18:08:00.001-08:00

Living Wills for Police and Law Enforcement

2009-12-19T17:45:00.000-08:00

Winning Traffic ticket cases

2009-12-19T17:37:00.001-08:00

Fines and jail for crimes and disorderly offenses

2009-12-19T17:30:00.000-08:00

Juvenile Delinquency and Arrest defense

2009-12-19T16:10:00.000-08:00

Pedestrian injuries and accidents

2009-12-19T16:03:00.000-08:00

Driving without insurance 39-6b-2

2009-12-13T16:24:00.000-08:00

Driving While Suspended Revoked defense

2009-11-29T19:35:00.000-08:00

PTI Pre-Trial Intervention to stop and dismiss criminal charges

2009-11-29T19:28:00.000-08:00

Speeding and Radar Marksman Laser speed detection device

2009-11-29T18:59:00.000-08:00

Theft of Movable Property 2C-20-3

2009-11-29T18:47:00.000-08:00

Back & neck injury in Accident

2009-11-29T18:41:00.000-08:00

Self Defense Law and defense against Assault charges

2009-11-29T18:32:00.000-08:00

Assault- Simple Assault, Aggravated Assault

2009-11-29T18:18:00.000-08:00

DWI- Questions on Field Sobriety tests and arrest

2009-11-29T18:09:00.000-08:00

Domestic Violence defenses

2009-11-29T17:51:00.000-08:00

Will Contests and contesting Probate

2009-11-29T17:44:00.000-08:00

Removing Executor of the Will

2009-11-28T19:19:00.000-08:00

Undue influence to contest Will

2009-11-28T19:06:00.000-08:00

Signing of Last Will & Testament and post signing activity

2009-11-28T18:47:00.000-08:00

Will interview with an Attorney

2009-11-28T15:18:00.000-08:00

Advance Directives for Gay & LesbianAdvance Directives for Gay & Lesbian

2009-11-28T15:09:00.000-08:00

Power of Attorney for Gay & Lesbian Partners

2009-11-28T15:02:00.000-08:00

Wills for Gay & Lesbian Partners

2009-11-28T14:53:00.000-08:00

Wills for Gay & Lesbian Partners

2009-11-17T19:01:00.000-08:00

Federal Estate and Gift Tax Changes

2009-11-17T18:48:00.000-08:00

Inheritance Tax Returns and Estate Tax Returns

2009-11-17T17:23:00.000-08:00

Duty of Executor of Wills/ Duties of estate Administrator

2009-11-17T17:15:00.000-08:00

Changes in Probate Law

2009-11-16T18:43:00.001-08:00

Probate of a Will

2009-11-16T18:27:00.000-08:00

Worker's Compensation- Recovery for injuries on the Job

2009-11-16T17:43:00.001-08:00

Living Wills / Advance Directives for Health Care- Avoid Karen Quinlan controversy

2009-11-16T17:04:00.000-08:00

Dog Bites

2009-11-15T18:50:00.001-08:00

Erase/ Expungment of Criminal Arrests and Convictions

2009-11-15T18:00:00.000-08:00

If arrested for a Drug Offense

2009-11-15T17:26:00.000-08:00

Codicil and making changes to a Will

2009-11-15T17:15:00.000-08:00

If you die and have no Will

2009-11-15T17:05:00.000-08:00

Preparing a Last Will and Testament

2009-11-15T16:41:00.000-08:00

Right to Remain Silent- Miranda Rights and Suppression of Confessions

2009-11-15T16:35:00.000-08:00

WHAT TO DO IF INJURED IN A CAR ACCIDENT

2009-11-15T16:19:00.000-08:00

Seminar for Edison Police- Recent Criminal and Traffic cases, including search and seizure

2009-11-14T15:55:00.000-08:00

Elder Law and Estate Planning & Probate Tips

2009-11-14T15:35:00.000-08:00

Bus Accidents and Injury- Recovery of Damages from Insurance Company

2009-11-14T15:29:00.000-08:00

Living Wills for Police and Law Enforcement

2009-11-14T15:15:00.000-08:00

Criminal Cases 11-15

2009-10-25T18:19:00.000-07:00

Criminal Cases 6-10

2009-10-25T17:51:00.000-07:00

Criminal Cases 1-5

2009-10-25T15:56:00.000-07:00

Conspiracy

2009-10-25T06:04:00.001-07:00

Competency to sign a Will

2009-10-25T05:50:00.001-07:00

Estate Administration Law

2009-10-25T05:37:00.001-07:00

Changes in Probate Law

2009-10-25T05:26:00.000-07:00

NJlawsVideo-............. The NJ Laws Tube

DV Reversed where Court Permitted Testimony of Acts not set forth in Complaint. J.D. v. M.D

Injured DWI driver not barred from Sueing Tavern for Dram Shop Violation. Voss v. Tranquilino 206 NJ 93 (2011)

No Exception to Search Warrant for “Nuisance Abatement.” State v. Kaltner 420 NJ Super. 524 (App. Div. 2011

Police did not Require Warrant for Cell Phone Site. State v. Earls 420 NJ Super. 583 (App. Div. 2011)

Denial of Criminal Motions does not bar OPRA Request. Kovalcik v. Somerset County Prosecutor’s Office 206 NJ 581 (2011)

New Expert Testimony Requires Testimony of Acceptability and Reliability. State v. Pittman 419 NJ Super. 584 (App. Div. 2011)

DP May Require Forfeit of Public Office. State v. Kennedy 419 NJ Super. 475 (App. Div. 2011)

DP May Require Forfeit of Public Office. State v. Kennedy 419 NJ Super. 475 (App. Div. 2011)

Dispatch of suspiciously parked car permits questioning. State v. Adubato

Objection to lab report starts after all reports provided. State v. Heisler __ NJ Super.

Failure to be able to give sufficient breath samples may be refusal. State v. Schmidt 206 NJ 71 (2011)

Commercial DWI Refusal and General Refusal distinct statutes. State v Nunnally 420 NJ Super. 58 (2011)h

Private citizen cannot appeal dismissal of criminal case dismissed on no probable cause. State v Bradley 420 NJ Super. 138 (2011)

Expert can testify to lab report if they watched & supervised lab test. State v Rehmann 419 NJ Super. 451 (App. Div. 2011)

Error by police dispatcher in invalid arrest warrant requires suppression of evidence under NJ Constitution. State v. Handy 206 NJ 39 (2011)

Theft and calling mom senile fool not grounds for DV. E.M.B. v R.F.B. 419 NJ Super. 177 (App. Div. 2011)

Witczak If no Exigency, no warrantless search even if report of gun. State v Witczak

Rodriquez Spanish refusal language required retroactively. State v Rodriquez-Alejo 419 NJ Super. 33 (App. Div. 2011)

Officer not always permitted to render opinion. State v. McLean 205 NJ 438 (2011)

State v Brown 205 NJ 133 2011 Police do not need arrest warrant if they ...

State v McLaughlin 205 NJ 185 (2011) .mov

Resisting Arrest law

AG use of force reports are public records O’Shea v West Milford 410 NJ Super. 371 (App. Div. 2010)

Prior refusal counts for 3rd DWI State v Ciancaglini 411 NJ Super. 280 (App. Div. 2010)

No specific words required for Miranda warnings Florida v. Powell 175 L.Ed 1009 __ S. Ct. ___ (Dec. 7, 2009)

Exigent circumstances may allow search of car State v Lewis 411 N.J. Super. 483 A-2066-08T4 (2-08-10)

Refusal does not merge into DWI State v Eckert 410 NJ Super. 389 (App. Div. 2009) A conviction for refusal to submit to a breath examination cann

New trial ordered where Judge conducted questioning of defense expert . State v. O’Brien 200 NJ 520 (2009) Defendant was entitled to face a si

Police can Enter Home Under Emergency Aid Exception Michigan v. Fisher 130 S. Ct 546 U.S. Supreme Court December 07, 2009 No. 09–91

Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro 411 NJ Super 91 (App. Div. 2009)

No Points on Unsafe 97.2 if More than Five Years between Offenses. Patel v. New Jersey Motor Vehicle Commission 200 NJ 413 (2009)

Three year old’s statements admissible under tender years exception to hearsay. State v. Coder 198 NJ 451 (2009) In defendant’s criminal trial on

State v Ugrovics 20 minute observation

2010 Update on Wills, Probate and Estate Administration.mov

Defending Drug under the influence and DWI cases involving blood tests

Fighting insurance companies when you have been injured in an accident

Defending Internet Crime cases-Defense to criminal offenses involving the internet

What to do in an Automobile accident and collision with personal injuries

Harassment defense 2C-33-4

Bail Reduction Motions and reducing bail

Contesting Motor Vehicle Suspensions/ DMV suspensions and hearings

Scar and disfigurement cases

Burn and Fire Injuries

Leaving scene of accident 39-4-129

Careless Driving 39-4-97

Reckless driving 39-4-96

Disorderly Conduct

Seminar for Edison Police- Recent Criminal cases in New Jersey

Elder Law and Estate Planning Tips

Bus Accidents and injury- Recovery of Damages from Insurance Company

Living Wills for Police and Law Enforcement

Winning Traffic ticket cases

Fines and jail for crimes and disorderly offenses

Juvenile Delinquency and Arrest defense

Pedestrian injuries and accidents

Driving without insurance 39-6b-2

Driving While Suspended Revoked defense

PTI Pre-Trial Intervention to stop and dismiss criminal charges

Speeding and Radar Marksman Laser speed detection device

Theft of Movable Property 2C-20-3

Back & neck injury in Accident

Self Defense Law and defense against Assault charges

Assault- Simple Assault, Aggravated Assault

DWI- Questions on Field Sobriety tests and arrest

Domestic Violence defenses

Will Contests and contesting Probate

Removing Executor of the Will

Undue influence to contest Will

Signing of Last Will & Testament and post signing activity

Will interview with an Attorney

Advance Directives for Gay & LesbianAdvance Directives for Gay & Lesbian

Power of Attorney for Gay & Lesbian Partners

Wills for Gay & Lesbian Partners

Wills for Gay & Lesbian Partners

Federal Estate and Gift Tax Changes

Inheritance Tax Returns and Estate Tax Returns

Duty of Executor of Wills/ Duties of estate Administrator

Changes in Probate Law

Probate of a Will

No specific words required for Miranda warnings Florida v. Powell 175 L.Ed 1009 S. Ct. _ (Dec. 7, 2009)

Police can Enter Home Under Emergency Aid Exception Michigan v. Fisher 130 S. Ct 546 U.S. Supreme Court December 07, 2009  No. 09–91

Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro  411 NJ Super 91 (App. Div. 2009)