Criminal News

FALSE CONFESSIONS EVIDENCE MAKES IN- ROADS FOR NEW JERSEY CRIMINAL DEFENDANTS

New Jersey Criminal Lawyers Schwartz Posnock

In a key New Jersey ruling, a Superior Court Appellate Division panel, ruled on October 16, 2013, in State v. Granskie, that evidence of a defendant’s alleged false confession may be admissible to show that drug addiction and withdrawal are recognized physical and psychological conditions that may make a suspect vulnerable to giving a false confession. The Appellate Division held that in order to have a meaningful opportunity to attack the credibility of his own confession, a defendant must be able to present to a jury relevant evidence to assist in the evaluation of the confessions reliability.
The phenomena of false “confessions” is widely accepted in the State and federal courts throughout the United States. False confessions are clearly demonstrated when the physical evidence, such as the DNA evidence, tends to rule out the “confessing” suspect. Under those circumstances, a confession must be scrutinized carefully, as it is likely a false confession, brought about by a combination of police tactics and the vulnerability of the suspect.
In the Granskie case, the State relied heavily on the defendant’s confession. The forensic evidence was inconclusive. First, the Court held that the defendant’s attorney would be able to cross-examine the police officers concerning the manner in which they conducted the interrogation. Second, and more significantly, the Court went further, and held that the defendant would be permitted to have an expert testify as to the defendant’s diagnosed mental problems and how they would have the capacity to affect the reliability of the defendant’s alleged confession.
This decision is consistent with and provides further judicial recognition that certain tactics used in police interrogations “lead to a frighteningly high percentage of people who confess to crimes they never committed.”
Any time a client presents with an alleged confession, New Jersey criminal defense attorneys should consider if the confession is the product of psychological vulnerability and police coercion in their interrogation techniques.
The experienced criminal defense attorneys of Schwartz & Posnock can assist you in evaluating whether an alleged confession in a particular case is subject to attack as false. You can contact us at our Monmouth County, Union County, Essex County, and Middlesex County locations to discuss your case…

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In a Matter of Significance to New Jersey Criminal Defense Attorneys, the New Jersey Supreme Court Announces A New Criminal Law Rule Regarding Warrants for Cell Phone Location Information

New Jersey Criminal Lawyers Schwartz Posnock

In State v. Thomas Earls, (A-53-11)(068765), the New Jersey Supreme Court announced a new rule of criminal procedure by imposing a warrant requirement on law enforcement investigators in order to obtain cell phone location information. This rule now applies to all criminal investigations in New Jersey.

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NEW JERSEY CRIMINAL LAWYERS HELPING THEIR CLIENTS: THE BENEFITS OF PRETRIAL INTERVENTION (PTI)

New Jersey Criminal Lawyers Schwartz Posnock

More and more often, individuals charged with an indictable offense in New Jersey who are offered probation in a plea deal, find that the most significant problem they encounter after their case is resolved is the fact that they now have a criminal record. Their prospects for employment and/ or of obtaining and keeping a professional license are severely impacted by the conviction. At Schwartz & Posnock, we always explore the possibility of getting our clients into the PTI program.

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Monmouth County NJ Criminal Lawyers Defend You if Arrested at the the PNC Arts Center Concerts Including Vans Warped Tour, Phish, Bob Weir and Phil Lesh

New Jersey Criminal Lawyers Schwartz Posnock

Concert goers who attend events at the PNC Arts Center in Holmdel, Monmouth County, New Jersey should be aware that the New Jersey State Police are extremely active at concerts. Several upcoming concerts are certain to draw an increased police presence, including the Vans Warped Tour, Phish, and Bob Weir with Phil Lesh. The State Police presence includes an increased number of undercover officers who will attempt to make a direct buy of drugs in one of the parking lots and on the performance grounds. LSD, ecstasy and marijuana possession arrests are common. Underage possession of alcohol is also a target offense at PNC concert events. Arrests at the Arts Center for small amounts of marijuana or other drugs, possession of drug paraphernalia, and underage possession of alcohol are common, as are arrests for disorderly conduct, resisting arrest, public intoxication, public urination, and hindering police activity. These cases are typically prosecuted in the Holmdel Township Municipal Court. More serious cases are sent to the Monmouth County Superior Court in Freehold, New Jersey for consideration for presentation to a grand jury for possible indictment. Often cases initially sent to Superior Court are then remanded to the Holmdel Municipal Court on reduced charges.

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Monmouth County NJ Criminal Defense for Underage Drinking Enforcement Cases at the New Jersey Shore

New Jersey Criminal Lawyers Schwartz Posnock

Police Departments in numerous Jersey Shore communities, including Absecon, Avalon, Barnegat Township, Beach Haven, Belmar, Egg Harbor Township, Harvey Cedars, Jackson Township, Lake Como, Lakehurst, Lakewood, Lavallette Boro, Long Beach Township, Lower Township, Manchester Township, Neptune Township, Neptune City, North Wildwood, Ocean Gate, Ocean Township, Point Pleasant Beach, Point Pleasant Boro, Sea Isle City, Seaside Heights, Ship Bottom, Spring Lake Heights, Toms River Township and Wildwood have announced an initiative aimed at catching minors trying to buy alcohol at the Jersey Shore this summer.
The police departments will receive funding for the “Cops in Shops” program, which allows officers to work undercover at retail locations to help catch underage patrons trying to purchase alcohol or adults buying alcohol for minors, according to the New Jersey Division of Alcoholic Beverage Control.

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Bail Reduction Motions in the New Jersey Criminal Courts

New Jersey Criminal Lawyers Schwartz Posnock

Often, when a friend or loved one is charged with a serious crime, the bail set by the New Jersey Municipal Court judge (or a Superior Court criminal judge) is beyond the means of the defendant to secure his or her release from jail pending trial.

Bail review hearings are typically conducted in the jail or by closed circuit television from court every week. However, a person charged with an indictable offense in New Jersey should not rely on the bail review hearing for any considerable reduction in bail. This is because there is no experienced New Jersey criminal defense attorney in court directly arguing on your behalf. Furthermore, to properly move for a reduction in bail, New Jersey criminal defense lawyers should be prepared to submit supporting documents to the court in advance of the hearing to demonstrate that the defendants is not a flight risk. In New Jersey, the defendant’s return to court is the sole reason why bail is set. While the seriousness of the offense is a factor that courts will consider, in the final analysis, the Superior Court is only supposed to consider the risk of flight in setting bail.

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SUPREME COURT RULES THAT DNA SAMPLES CAN BE OBTAINED FROM AN INDIVIDUAL ARRESTED FOR A “SERIOUS OFFENSE”

New Jersey Criminal Lawyers Schwartz Posnock

On June 3, 2013, the Supreme Court upheld the power of government at all levels to take DNA samples from every person legally arrested for a “serious” new crime. What a suspect may have done in the past, the Court majority ruled, is a part of the profile that police may constitutionally begin to assemble at the time of arrest for a separate offense.

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Making Bail in New Jersey by Posting a Property Bond

New Jersey Criminal Lawyers Schwartz Posnock

When bail is set for individuals charged with an offense under the New Jersey Criminal Code, the Superior Court may attach various restrictions on the manner in which bail may be posted. For offenses under the New Jersey Criminal Code that are designated as first or second degree crimes, such as murder, sexual assault, endangering the welfare of a child, possession of a weapon for an unlawful purpose, or any first or second degree drug offense, a judge may order that bail be posted only as “full cash” or may allow the posting of a surety bond (a bail bond), or by posting a surety bond secured by real property.
Often times, a person charged with a crime in New Jersey may not have the cash to post bail, or may not want to utilize a bail bond, because the cash that is posted with the bail bond company will not be returned, even after the case is concluded. The money paid to the bondsman constitutes the bondsman’s fee.
Instead, when bail is high, an individual may want to post a surety bond secured by real property. The procedures for posting a property bond are complicated. The exact requirements imposed by the Courts have to be satisfied to the letter. First, the property must have an amount of equity, plus $20,000.00 to satisfy the bail. For example, if the bail is set at $100,000, the equity in the real property must be $120,000.
In addition, the court will require (i) a certified appraisal of the property that was performed within 60 days of the bail application, (ii) a title search showing all liens on the property, (iii) a current bank statement showing the balance of any mortgages and home equity loans, (iv) a receipt showing that all municipal taxes are current, and (v) two forms of photo ID. In addition, a mortgage form will have to be completed and filed with the county clerk.
Does this sound like a complicated, time consuming process? It can be if you attempt to do this yourself. At Schwartz & Posnock, as experienced criminal defense lawyers, we have assisted many clients in posting a property bond for the release of a loved one. The benefit is that no cash has to be posted, except for a $30.00 administrative fee. When the bail bondsman is excluded, there is no need to pay (and lose) the cash to the bondsman. In the long-run, these costs are minimal.
If a family member or friend has been charged with a crime in New Jersey, and you would like to discuss securing that person’s release from custody by using a property bond, call the attorneys at Schwartz & Posnock and let us assist you. As experienced New Jersey criminal defense attorneys, we have obtained the release of many pre-trial detainees by guiding our clients through the often daunting process of posting a property bond.

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Expunge Your New Jersey Arrest or Conviction and Protect Your Future

New Jersey Criminal Lawyers Schwartz Posnock

During the summer, high school and college students from around the country converge at the New Jersey Shore. With this convergence comes numerous party-related arrests and convictions for possession of marijuana and other drugs, underage drinking, disorderly conduct, simple assault and other charges.

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Criminal Defense of Sandy Hook Lewdness Arrests

New Jersey Criminal Lawyers Schwartz Posnock

Sandy Hook, located in Monmouth County, New Jersey, is part of the Gateway National Recreation Area. As a result, any criminal conduct which occurs at Sandy Hook results in a federal criminal charge, requiring a defense of the matter in the United States District Court in Newark. This is true of cases that would normally be considered minor, such as disorderly persons offenses, including the charge of lewdness.

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