Category: Constitutional Rights

Election day, 2014. On the ballot for New Jersey voters, is a public question regarding bail reform. The question will ask if New Jersey’s Constitution should be amended to allow judges to deny bail to certain dangerous offenders. This is an absurd proposition, unnecessary, Unconstitutional, and will lead to not only additional litigation to an already overburdened criminal justice system, but will also waste the time of legislators who, ultimately, will have to spend time re-tooling their efforts.

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Recently, Virginia Circuit Court Judge, Steven C. Frucci ruled that police can make you unlock your phone with your fingerprint if you are using that biometric security feature on you cell phone. They cannot, however force you to turn over your numerical passcode if you are utilizing that method of security, the judge ruled. (Commonwealth of Virginia v. David Charles Baust) But why, and what is the difference? More importantly, does this apply in New Jersey?

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If you live in New Jersey, and participate in target sports, or hunt, or have acquired a firearm for self protection, you may have familiarized yourself with the laws governing ownership of guns in the Garden State.  You may also be feeling like your Second Amendment rights are being infringed. Well, you’re right.  You see I’m not just a New Jersey gun attorney, I’m also a gun owner, and I am committed to protecting you from criminal prosecution of New Jersey’s Unconstitutional gun laws. A culture has proliferated in New Jersey, that says guns are bad. It’s gotten so bad even, that unbelievably the editorial board of the Star Ledger recently published an article which actually called for gun confiscation, from law abiding citizens, as was done in Australia. I guess they aren’t fans of the Second Amendment, or people’s rights.

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As a veteran criminal defense attorney in New Jersey, It is probably the most frequently asked question I get asked, and it is usually the first thing clients say when they sit down for a consult. “When I got arrested, the cop didn’t read me my rights, don’t they have to dismiss the charge”? The short and simple answer, is no. The longer and slightly more complex answer, is maybe. Miranda rights are some of the most important rights a criminal defendant has, so it is important to know them. So important, in fact, that Supreme Court of the United States has said in the landmark case of Miranda v. Arizona, that a defendant who is under arrest and is going to be interrogated must be informed of these rights before any questioning can begin. So, what does that mean, what are Miranda rights, and what happens when a defendant isn’t read his rights?

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