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TWO PRECEDENTIAL NJ OPINIONS ON APPEAL RULE AGAINST MEGAN’S LAW REGISTRANTS

In the past month, both the New Jersey Supreme Court and the Appellate Division have issued precedential decisions regarding Megan’s Law. Both decisions ruled against the registrants. In Matter of Registrant H.D., ___ N.J. ___, 2020 WL 1264027 (Mar. 17, 2020), the Supreme Court construed a Megan’s Law provision which allows registrants to petition the … Read More

SEC Closely Monitoring Insider Trading Opportunities During Volatile Market

Amidst the harrowing stories of human loss, the COVID-19 pandemic has brought with it extreme fits of market volatility, with the values of many securities fluctuating wildly, even intra-day. While this volatility may be a constant stress for long-term investors, it presents significant opportunity to informed market participants who can reliably predict price movements. Fortunes … Read More

NJ APPELLATE COURT UPHOLDS COMPLETE PENSION FORFEITURE FOR $300 BRIBE

Criminal convictions often carry collateral consequences, the severity of which can occasionally dwarf that of the underlying offense. A precedential Appellate Division decision issued last week serves as a reminder of that unfortunate reality. State v. Anderson, ___ N.J.  Super. ___, 2020 WL 1502170 (App. Div. Mar. 30, 2020). Bennie Anderson worked for the City … Read More

Courts and Law Enforcement Respond to Coronavirus

In light of the national emergency due to the outbreak of Coronavirus (COVID-19), courts and law enforcement agencies at every level of Government have taken extraordinary actions: FEDERAL ● For more information, see our prior posts. https://www.whitecollarcriminaldefenselaw.com/blog/ STATE OF NEW JERSEY ● The New Jersey Attorney General’s Office and the State Police jointly announced that … Read More

NJ APPELLATE DIVISION ISSUES TWO PRO-DEFENSE PRECEDENTIAL DECISIONS IN TWO DAYS

In the past two days, the Appellate Division has issued two precedential decisions in criminal cases which turned on issues of statutory construction. One concerned the marital privilege statute, and the other concerned the vehicular homicide statute. Both ruled in favor of the defendants. In the marital privilege case, the Appellate Division addressed, as an … Read More

NJ SUPREME COURT’S LIMITS ON GRAND JURY RE-PRESENTATIONS COME UP SHORT

Approximately twenty years ago, one of our clients was indicted and charged with bribing a public official by a second grand jury after the first grand jury had issued a no bill.  Undaunted by that rejection, the State simply re-presented the same case to a new panel, without presenting any material new evidence or soliciting … Read More

FEDERAL COURTS APPEAR RELUCTANT TO RELEASE INMATES DUE TO COVID-19 CRISIS

With the New Jersey federal courts having suspended in-person proceedings due to the COVID-19 crisis, criminal matters have recently stalled to a large extent. But one notable exception is inmate applications to be released from prison for reasons related to the coronavirus pandemic. To date, such applications appear to have met with little success. For … Read More

CRIMINAL CHARGES FOR VIOLATIONS OF EMERGENCY ORDERS GROWING

In the last two weeks, both the Governor and the Attorney General have warned that New Jersey residents who flout the Governor’s COVID-19 related emergency orders would face criminal prosecution. It appears that those warnings had teeth. According to media reports over the weekend, law enforcement authorities across the state charged hundreds if not thousands … Read More

NJ SUPREME COURT GRANTS A&F APPEAL CHALLENGING STANDARD OF REVIEW GOVERNING SUFFICIENCY OF TRIAL EVIDENCE

Our firm recently persuaded the New Jersey Supreme Court to grant certification in a high-profile murder case which may redefine the standard by which New Jersey courts assess the sufficiency of trial evidence in criminal cases. See State v. Lodzinski, 2019 WL 3714000 (App. Div. Aug. 7, 2019), certif. granted, 2020 WL 881644 (Feb. 20, … Read More

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. … Read More