In August of 2013, Judge Shira Scheindlin seemed to be in a comfortable position: she was presiding over a nationally talked-about case, and had successfully overturned a decades-old decision, ruling that stop-and-frisk was racist and unconstitutional. A de-clawed, heavily monitored version of stop-and-frisk was set for approval, and public opinion seemed high. But in October, just a few months later, the U.S. Court of Appeals for the Second Circuit removed Scheindlin from the case — and granted a stay on her decision.
Camden suffers from one of the worst reputations in America. There are countless anecdotes about police officers urging drivers to rush through red lights to avoid being attacked, or blatant drug deals happening at gas stations in broad daylight. But there’s an even darker aspect of the city’s badly-tarnished image: Philadelphia’s waterfront neighbor consistently ranks number one for violent crime in America. What’s going on in Camden?
Gun control is a controversial topic. On one side of the debate, some Americans feel that responsible gun ownership is a Constitutional right, and that beefing up gun control laws will limit normal citizens’ ability to protect themselves against criminals who will simply continue to buy guns illegally. On the other hand, there are those who fear that the country’s recent plague of mass shootings is a product of a system that repeatedly fails to monitor whose hands deadly weapons are falling into. Each state is handling the issue differently — and in New Jersey, the introduction of “smart guns” might be the next big thing.
Frivolous personal injury lawsuits are a widespread problem in New Jersey and throughout the United States. Even people who have never set foot in a courtroom know the “Don’t sue me!” jokes, and the tiniest mistakes by restaurants or other businesses have become fodder for opportunists to claim suffering. Frivolous lawsuits waste time, waste money, and take resources away from people who truly need them.
In an effort to cut back on auto accidents caused by drunk drivers, DWI checkpoints (also referred to as “sobriety checkpoints”) have popped up on major roadways across most of America over the course of the past several decades. Every state that uses the checkpoint system conducts their stops with differing frequencies — and different consequences for refusing. So while yes, you are technically allowed to refuse to have your BAC tested in New Jersey — should you?
Anyone who watches television shows about police and the law has heard the Miranda rights read to a suspect. The arresting officer will say something similar to, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” Continue reading
Never plead guilty to driving while intoxicated in New Jersey – not now. Not after a recent complaint filed in New Jersey Superior Court has revealed the state’s widespread disregard of orders to maintain and improve its cache of breathalyzers, specifically the Alcotest 7110. The devices are simply unreliable, and authorities have used evidence collected from them to convict hundreds, if not thousands, of drivers charged with DWI in New Jersey. There has never been a stronger defense against DWI in the state then at this time, and everyone facing this charge or something similar should read on for important details. Continue reading
Breathalyzers are notoriously unreliable, the devices throw false readings with increasing regularity and put many drivers who would otherwise be operating their vehicles legally in the crosshairs of a costly DUI or DWI. It’s not remotely, what anyone would consider justice, and in New Jersey, it may cost authorities the use of their defective equipment. A quasi-criminal action filed last year in the Supreme Court of New Jersey (Docket #72,341), seeks to hold the state accountable for at least doing what they said they were going to do with their breathalyzers, particularly the Alcotest 7110. Continue reading
Authorities use the term ‘exigent circumstances’ to describe a situation necessitates a warrantless search and/or seizure of a suspect’s property, including their bodily fluids. This usually applies in emergencies when police know someone is in imminent danger of harm. Cops bust down doors without search warrants because waiting to do so could put someone’s life in jeopardy. In the wake of an important U.S. Supreme Court ruling, the definition of exigent circumstances as it applies to DUI stops may have changed forever. Continue reading
The following is a post from Paul Young, Managing Partner of Young Klein & Associates. A criminal defense law firm located in Bucks County, PA.
Police images from your arrest for public drunkenness a few years back keeps showing up in search engine results and on mug shot websites all over the Internet. Your face is everywhere – along with your personal information. You contact the websites to take down the pictures, but they won’t budge. Some offer to remove them for a fee, but that’s sounds like extortion. Are mug shot websites breaking the law by profiting from your youthful indiscretions? Our criminal attorneys examine the relevant laws to find the truth. Continue reading