Latest Publications

Share:

Appointed AG more immune to politics

By statute and practice, the New Jersey attorney general serves as the state’s chief law enforcement officer. The AG’s diverse and complex responsibilities include protecting lives and property through statewide law...more

4/14/2014 - Attorney Generals Political Appointments

Civil Rights Attorney's Fees - Qualifying as a Prevailing Party Offers No Guarantees

With the enactment of the Civil Rights Attorney's Fees Awards Act of 1976, a court may allow a prevailing party in a section 1983 civil rights lawsuit to recover reasonable attorney's fees as part of the award. One of the...more

4/3/2014 - Attorney's Fees

Access to Cellular Phone Records by Defense Counsel

In many criminal cases, cellular telephone records are an invaluable resource. These records may shed light on whether an alleged victim or witness communicated with someone of importance in a case, and when. There are...more

3/21/2014 - Cell Phones Mobile Devices Records Request

Michael Skakel new trial decision shows how New Jersey Supreme Court wrongly decided State v. Miller

Yesterday, the Honorable Thomas Bishop, a sitting judge of the Superior Court of the State of Connecticut, issued a thoughtful, and comprehensive, 136 page opinion granting Kennedy cousin Michael Skakel a new trial on charges...more

10/25/2013 - Ineffective Assistance of Counsel Trials

State v. Miller – New Jersey Supreme Court Gives Short Shrift to Right to Counsel

No person, rich or poor, guilty or not guilty, should be forced to endure the rigors and risks of a criminal trial the very same day he is introduced to his attorney. No attorney can ever be prepared adequately to try a case...more

10/7/2013 - Right To Counsel Sixth Amendment Trials

The Sequester hits home

It is a sad day indeed when the government of the United States has run out of funds to pay CJA attorneys, members of the defense bar who accept assignments to represent indigent federal criminal defendants pursuant to the...more

9/17/2013 - Public Defenders Sequestration

BEWARE – Texting Someone You Know is Driving a Car May Make You Guilty of a Crime.

A recent decision issued by the Superior Court, Appellate Division, Kubert v. Best, has garnered a fair degree of attention because of its clear impact on civil automobile accident litigation....more

9/10/2013 - Bodily Injury Car Accident Distracted Driving Texting

Doctors – Beware of Consequences of Insurance Fraud

Healthcare practitioners face the potential of substantial financial penalties and sanctions when they engage in fraudulent activity....more

8/23/2013

The George Zimmerman Trial – A New Jersey Perspective

New Jersey residents who may be watching or reading published accounts of the ongoing trial of George Zimmerman in the State of Florida, who stands accused of the murder of Trayvon Martin, may be wondering how a similar case...more

7/5/2013 - Concealed Carry Permit Criminal Prosecution Discovery George Zimmerman Gun Laws Jury Trial Stand Your Ground Laws Trayvon Martin Shooting

NJ Supreme Court establishes procedure for prosecutors to subpoena public defender applications

In New Jersey, individuals accused of crimes who cannot afford an attorney are fortunate to be able to request representation by the New Jersey Office of the Public Defender. ...more

5/22/2013

Calhoun v. United States: Justice Sotomayor calls prosecutor to task for racially biased questions

For the most part, cases decided by the Supreme Court of the United States are cases that the Court has elected, as a matter of its discretion, to decide. There are very few criminal cases that the Supreme Court must hear....more

3/6/2013 - Objection Procedures Racial Discrimination SCOTUS

Compelling the accused to shine the light upon himself – a Constitutional No-No

In a recent opinion, our Superior Court, Appellate Division reaffirmed the long standing principle that someone under investigation for a crime has a constitutional right to not become a witness against himself. While this...more

2/22/2013 - Fifth Amendment Self-Incrimination

To Waive or Not to Waive, That is the Question

A burgeoning problem is developing for out of-network healthcare providers that systemically fail to collect deductibles and coinsurance from patients. Insurance companies often seek to deny insurance coverage to subscribers...more

2/12/2013 - False Billing Health Insurance Healthcare Healthcare Fraud Medicare Out of Network Provider Waivers

Having no standard jury trial waiver form is bad form

The New Jersey court system relies upon a straggling variety of standard forms used each day for a variety of purposes. In criminal cases, there are standard forms used to memorialize the arraignment of a defendant on a new...more

2/5/2013 - Jury Waivers Right to a Jury

Time to Apply for Release from Megan’s Law Registration and Community Supervision for Life?

Megan’s Law has now been effect since 1994. While the foremost purpose of Megan’s Law is the protection of the community, the legislature provided a mechanism for those subject to the law to seek relief from the court of the...more

1/9/2013 - Megan's Law Sex Offender Registry

Driving on the Revoked List – a serious crime in New Jersey under certain circumstances

Traditionally, New Jersey has considered the offense of driving while the driver’s license is suspended or revoked as a traffic matter, punishable by additional suspensions, fines, and short jail terms....more

12/12/2012 - Criminal Prosecution Driver's License Suspensions Driver's Licenses Prison

The Top Five Crimes To Avoid Committing In Sandy’s Aftermath

The Monitor does not need a degree in meteorology to know that Storm Sandy (calling Sandy a Hurricane has certain adverse insurance coverage consequences) caused massive destruction in the Garden State, particularly along the...more

11/13/2012 - Arson Burglary Hurricane Sandy Insurance Fraud Theft Trespass

New Jersey Appeals Court: Juveniles are Entitled to a Hearing before they are Forced to Serve their Sentence in Adult Prison

In New Jersey’s juvenile court system, family court judges are invested with a great deal of discretion about what to do with juveniles who are adjudicated delinquent for committing acts that would constitute crimes had they...more

8/30/2012 - Juveniles Prison Sentencing

18 Results
|
View per page
Page: of 1