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Category Archives: Criminal Law

Does a Prosecutor or Criminal Defense Lawyer have an obligation to ask for a STAY of Civil Action pending a resolution of Criminal Charges?

The answer should be obvious, YES. However, this is far from the reality. In fact the prevailing opinion from DA’s is: “It’s your headache”. Even more frightening is the fact that more than a few Prosecutors and District Attorneys are not even aware of the fact they have both the standing and authority to walk… Read More »

They didn’t read me my Miranda Warnings…

I receive a number of calls from potential clients who start their narrative off by making the above statement. From the sound of their voice they are hoping that they won the lottery or found a magic bullet to make everything that happened after they made a statement disappear. Unfortunately, it is rarely that simple…. Read More »

What Does the Department of Homeland Security Do on a Daily Basis?

The U.S. Department of Homeland Security was founded just over a decade ago as a means of making the United States more secure domestically. The DHS works with various state, local and tribal governments, first responders, community groups and other entities to counter any domestic threats the country faces and to respond to and recover… Read More »

The Elements of a Pennsylvania Robbery Case

Robbery is a specific type of theft. Whereas theft generally involves the taking of another person’s personal property without his or her permission, robbery adds the threat or actual use of force. Because of this, penalties for a conviction on robbery charges are almost always more severe than those for simple theft or larceny. A… Read More »

Defense Strategies for Assault Charges in New Jersey

There are two types of assault charges in New Jersey: simple assault and aggravated assault. In general, simple assault occurs when one person tries to cause harm to another person, threatens someone else or actually causes harm through recklessness. Aggravated assault, which tends to be more serious, involves physical harm or the use of a… Read More »

The Consequences of Driving Without Insurance in New Jersey

The state of New Jersey requires all registered motor vehicles to have liability, personal injury protection and uninsured motorist insurance coverage. Your insurance company will issue an insurance card with all of the pertinent policy information on it. You are required to keep your current insurance card in your vehicle so that you can present… Read More »

Post-Conviction Appeals Due to Prosecutorial Misconduct in Pennsylvania

Prosecutors hold a lot of power in the judicial system, and when they misuse their power in their zeal to get criminals off of the streets, innocent people’s lives can be ruined by their unfair conduct. Prosecutorial misconduct violates court rules or the ethical standards of legal practice that can include: Court room misconduct Hiding… Read More »

How to Get a Restraining Order Dismissed in New Jersey

Domestic violence is a serious issue that carries with it severe penalties. Abusing or threatening to harm a loved one within the sanctuary of their home can cause undue trauma and upset for the person being abused and for the other members of the household. Unfortunately, domestic violence allegations are often lobbed against a spouse… Read More »

Drug Crimes in New Jersey and Pennsylvania: What is Drug Possession?

Pennsylvania drug possession penalties Under the Pennsylvania drug possession statute, the penalties for marijuana possession include a misdemeanor charge, a $500 fine and 30 days in jail for 30g or less. For 30g or more, the charge is still a misdemeanor, but you could face a year in prison and a $5,000 fine. The penalties… Read More »

Wire & Mail Fraud Conviction for ‘Real Housewives of NJ’ Celebs Teresa and Joe Guidice

In January, Teresa Guidice, of “Real Housewives of New Jersey” fame, began serving a 15-month sentence for mail and wire fraud, bank fraud, bankruptcy fraud and failure to pay taxes. Joe Guidice, who took responsibility for the fraud, was sentenced to 41 months in prison. He could face deportation after he has completed his sentence… Read More »