What Are Your Rights in the Municipal Courts of New Jersey?

your rights in the municipal courts of New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerThis post will briefly summarize your rights in the Municipal Courts of New Jersey. Indeed, as an independent branch of government constitutionally entrusted with the fair and just resolution of disputes, the judiciary preserves the rule of law and protects the rights and liberties guaranteed by the Constitution and laws of the United States and the State of New Jersey. In addition to sentencing defendants, people who do not come to court when summoned or subpoenaed, make payments as required, or comply with other requirements of their sentences, face additional punishments including fines, drivers’ license suspension, arrest, and jail. Therefore, to protect your rights in the Municipal Courts of New Jersey, call me at (856) 812-0321. Read More


Who decides whether to plead guilty or go to trial?

Who decides whether to plead guilty or go to trial?, Sixth Amendment, trial by jury, cross-examination, confrontation, waiver, New Jersey, NJ, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, attorney, lawyerThe nerve! A man accused of a four-month crime spree that included two killings and several armed robberies turned down the State’s final plea offer this week. The crime spree allegedly began July 2014 and lasted until October. Additionally, the evidence against him will allegedly include DNA found on the defendant’s sweatshirt at the scene, text messages between the defendant and his girlfriend, and the testimony of several witnesses.

Therefore, the State had offered a 60-year prison sentence. Since the defendant rejected this offer, however, he will go to trial in June and possibly get a life sentence. But really, what is the difference between the State’s offer and the possibility of life imprisonment? Read more


Arraignment, R. 3:9-1

Arraignment, R. 3:9-1, right to counsel, sixth amendment, article 1 paragraph 10, U.S. Constitution, New Jersey Constitution, grand jury, indictment, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerWe all have bad days. But it seems to me we invariably react in one of three ways to the bad days of others: empathy, apathy, or judgment. And judgment seems to be the most popular. For example, an Atco man will soon make his first formal appearance in the Gloucester County Superior Court for his arraignment involving two separate cases. One case involves an alleged assault by auto and . I would submit the day of the collision was a bad day for him. But what is your reaction to this? How does it make you feel? Read more


State of New Jersey v. Gilmore: The Peremptory Strike and the Right to an Impartial Jury

State of New Jersey v. Gilmore: Procedural History

State of New Jersey v. Gilmore, Supreme Court of New Jersey, New Jersey Constitution, Constitution, Constitutional Law, State Constitutional Law, Impartial Jury, Voir Dire, Jury Selection, Trial, Racial Discrimination, Race-Based, Federalism, Horizontal Federalism, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerAn all-white jury of six men and six women convicted defendant, a black man, of three first-degree robberies of two Hispanic gas station attendants in Union, New Jersey. During jury selection, the white assistant prosecutor removed nine black prospective jurors by challenge for cause and peremptory strike. Defense counsel, a black man, moved for a mistrial because the prosecutor removed the black venirepersons based on their race. Nevertheless, the trial judge overruled defense counsel, relying on Swain v. Alabama 1 and State v. Smith.2

Subsequently, the Appellate Division remanded for the prosecutor to state his reasons for excusing the black jurors. Read more