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Bail Reform Act Takes Effect Throughout New Jersey

Arseneualt & Fassett, LLP New legislation takes effect this month in a major overhaul of the New Jersey criminal justice system’s pre-trial release regime. Beginning on January 1, 2017, the Bail Reform Act changes how courts determine whether a person who has been accused of a crime should be detained or released, and if released, […]

New Jersey Supreme Court Eases Requirements for “Plain View” Warrantless Searches & Seizures

Arseneault & Fassett, LLP A recent decision by the Supreme Court of New Jersey has made it easier for the State to use evidence seized without a warrant against a defendant in a criminal trial. In State v. Xiomara Gonzales, the Court changed the law as to what constitutes a valid “plain view” exception to […]

Changes to Federal Sentencing Guidelines Affect Definitions of “Crimes of Violence” and “Career Offenders”

Arseneault & Fassett, LLP Changes to the U.S. Sentencing Guidelines take effect this month to redefine “crime of violence” and “career offenders” for sentencing purposes. These changes will affect key aspects of the Guidelines which Federal courts use to determine some of the most lengthy sentences. The U.S. Sentencing Commission recognized that the previous definition […]

New Jersey Allows No-Jail Options for Out-of-State Concealed-Carry Holders Who Violate N.J. Law

Arseneault & Fassett, LLP Out-of-state concealed carry permit holders who bring their handguns into New Jersey are eligible for Pre-Trial Intervention (PTI) to avoid mandatory jail time under New Jersey’s strict gun laws, according to a directive issued by the Attorney General of New Jersey to the Division of Criminal Justice and all 21 county […]

Expungement Is an Option Sooner Than Ever

Arseneault & Fassett, LLP People who have been convicted of criminal offenses in New Jersey are now able to apply to have their criminal records expunged sooner than ever before. Recent legislation has reduced the waiting periods for eligible indictable offenses and disorderly persons offenses. Now, people who have been convicted of an indictable offense […]

New Jersey Allows No-Jail Options for Out-of-State Concealed-Carry Holders Who Violate N.J. Law

Arseneault & Fassett, LLP Out-of-state concealed carry permit holders who bring their handguns into New Jersey are eligible for Pre-Trial Intervention (PTI) to avoid mandatory jail time under New Jersey’s strict gun laws, according to a directive issued by the Attorney General of New Jersey to the Division of Criminal Justice and all 21 county […]

Federal Court Ruling Strengthens the Right of Off-Duty and Retired Law Enforcement Officers to “Concealed Carry” Permits

An influential Federal Appeals Court recently ruled that qualified law enforcement officers who are off-duty or retired have an enforceable Federal right to obtain a concealed carry firearms permit – notwithstanding State and local laws that otherwise restrict or prohibit concealed carry – and can sue in Federal court when their rights have been violated. […]

Yet Another College Basketball Scandal

In June 2013, a former Auburn Tigers point guard was arrested and charged with bribery and conspiracy. Prosecutors allege that 23-year-old Varez Ward attempted to fix several 2012 games in a point-shaving scheme and tried to convince teammates to participate in the plan. In a January 25 matchup against Arkansas, Mr. Ward only played 19 […]

New Jersey Man Sentenced In Nun Fraud Case

In August 2013, 55-year-old Adriano Sotomayor of Margate was sentenced to 18 years for his part in a wide-ranging fraud scheme. According to the FBI, Mr. Sotomayor posed as a Catholic priest and convinced an elderly nun in Puerto Rico that she was the beneficiary of a $2.1 million estate, and that she needed to […]

More Car Owners Are Giving Up

Authorities have noticed a marked increase in the number of auto insurance fraud cases due to the soft economy. New York has seen a 35 percent in the number of owner give-ups. Some car owners in dire financial straits are willfully destroying their vehicles, and then filing false claims that the vehicles were stolen. For […]