Federal Criminal News

Body Cameras: The Newest Revolution in Policing? How Does this Effect Your NJ Criminal Case?

New Jersey Criminal Lawyers Schwartz Posnock

The nation’s largest municipal police force, the New York City Police Department, started equipping its officers with body-worn cameras few weeks ago. The national movement for body-worn cameras has been driven by tragedies over the past decade in which black men and boys have died unreasonably at the hands of police officers. The movement towards body-worn cameras has been publicized as a revolution in policing, because it is beginning an era of real-time police accountability. However, there is a core dilemma for citizens to be aware of: unwarranted surveillance of citizens in society.

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Jae Lee v. United States of America

New Jersey Criminal Lawyers Schwartz Posnock

Topics of immigration and deportation topped the news cycle under the Trump administration. A recent Supreme Court case, “Jae Lee v. United States of America,” proposes an interesting question with regards to deportation.

Petitioner, Jae Lee, came to America from South Korea with his family in 1982, and has lived legally in the United States, though he did not become a citizen. Later, he moved to Memphis, Tennessee, where he became involved in the drug trade. In 2009, Lee was arrested and charged with possession of ecstasy with intent to distribute. With advice from his attorney, Lee pled guilty in exchange for a lighter sentence. While Lee’s attorney had assured him that the guilty plea would not have immigration consequences, Lee’s guilty plea constituted a conviction of an aggravated felony, which is a deportable  offense under the Immigration and Nationality Act. Lee appealed his conviction and made the argument that he had received ineffective assistance of counsel under the standards established in Strickland v. Washington, which provides for a two-pronged test: (1) whether the attorney’s counsel was deficient and (2) whether the deficiency prejudiced the defendant. Lee’s conviction was upheld by the U.S. Court of Appeals for the Sixth Circuit, because there was not sufficient evidence that Lee’s outcome would have been substantially different had he known about the deportation risks.

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I Have to Self-Surrender on NJ Federal Charges, What Can I Expect? NJ Criminal Defense Lawyers Can Protect You.

New Jersey Criminal Lawyers Schwartz Posnock

Charged with a Federal criminal offense? What happens next?

If you are charged with a white collar crime, you will have the opportunity to “walk-in.” You will be noticed in advance to come to court on a certain date, and you will be processed twice. First, you will be processed by marshals in the court house and second by the underlying law enforcement investigative agency. Different law enforcement investigative agencies include the treasury department, the FBI, and others depending on the crime that was committed.

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Enter a Bar in New Jersey After Being Removed? New Jersey Criminal Defense Attorneys Can Defend Your Defiant Trespass Charge.

New Jersey Criminal Lawyers Schwartz Posnock

The well-known bars and clubs at the Jersey Shore hosts many visitors during the Summertime. Shore towns like Belmar, Asbury Park, Point Pleasant Beach, Seaside Heights, Long Branch, and more, are popular places for young adults to go out. At popular bars—like Bar Anticipation or D’Jais in Belmar, New Jersey—it is easy for people to lose self-control after having too much to drink. Bouncers have the authority to escort people out of the bar, and often, highly intoxicated and upset individuals try to sneak back into these bars with the hope of not being detected. While this may seem like a clever plan at the time, a single attempt to regain entry into a Bar in New Jersey is considered defiant trespassing.

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Case Result- Bordentown NJ Municipal Court

New Jersey Criminal Lawyers Schwartz Posnock

Do not settle for a lawyer who won’t fight for the justice you deserve! Any lawyer can plea bargain your case, but the best lawyers will fight vigorously on your behalf. This week in Bordentown, NJ, Schwartz & Posnock Attorneys represented a client who was charged with reckless driving. The client had 50 points on his license, and was accused of nearly hitting two police officers who stopped him for an unrelated offense. The client was offered a reduced charge, but instead we opted to take the case to trial. After a vigorous cross-examination of both police officers, the judge declared him not guilty. At Schwartz & Posnock, we are not afraid to fight for you. This client was VERY pleased with the results we achieved for him, and we can help you achieve the best results for your next case!

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Restitution Responsibilities Explained by NJ Criminal Defense Lawyers

New Jersey Criminal Lawyers Schwartz Posnock

So you have been ordered to pay restitution. What does that mean for you? Restitution in the US criminal justice system means payment by an offender to the victim to compensate for the harm caused by the offender’s actions. As part of their sentences, state courts have the power to order convicted offenders to pay restitution to victims. In New Jersey, NJ criminal statute 2C:43-3 gives a judge the authority to fine or order restitution to the victim.

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The United States Invalidates Ban on Social Media for Sex Offenders

New Jersey Criminal Lawyers Schwartz Posnock

As the result of a United States Supreme Court case which addressed the relationship between the First Amendment and the modern Internet, certain restrictions have been lifted for those convicted of sex offenses.  

A North Carolina law, similar to the law in many states, made it a felony for a convicted sex offender to use social-networking websites which allow minors to create accounts, such as Facebook and Twitter. Former sex offender Lester Packingham was prosecuted and convicted under this North Carolina law after he posted a Facebook status. However, in its unanimous decision in Packingham v. North Carolina, the US Supreme Court ruled that this law is unconstitutional.  

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What Are Your Rights When the FBI or Investigators Knock? NJ Criminal Defense Attorneys Are Here to Inform You What You Should Do and Not Do.

New Jersey Criminal Lawyers Schwartz Posnock

It’s 6 a.m. and you are lying in bed when an incoming call from an unknown number wakes you. The voice on the other end of the line says, “Sir, this is FBI Agent ___, we are outside your house and would like to ask you a few questions.” This was not a phone call you were expecting, and you begin to panic. As a United States Citizen you should be aware of your rights.

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If I’m Under Criminal Investigation Can I Destroy my Laptop? NJ Criminal Defense Attorneys Warn You About Tampering with Evidence.

New Jersey Criminal Lawyers Schwartz Posnock

If you are under criminal investigation, you might be wondering what your rights are with regard to your property which may be searched as part of the investigation. For example, if you believe evidence on your laptop may be critical to the investigation, you may be inclined to destroy the laptop or make its contents disappear before a search warrant can be produced. While this seems like a feasible idea, you are actually committing another crime in doing so. Tampering with evidence is a serious offense in the state and Federal Courts of New Jersey. It is the crime of altering, destroying, or concealing physical evidence with the intent to affect the outcome of a criminal investigation or court proceeding.

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Leaving the Country with a Pending Trial Date? What NJ Criminal Defense Attorneys Want You to Know Before You Go.

New Jersey Criminal Lawyers Schwartz Posnock

During the time before your criminal trial takes place, the conditions of your bail may restrict your travel capabilities. No matter what your reason for traveling may be, your ability to depart from the United States and re-enter will depend on the crime you were charged with, the laws governing your bail, and the personal tendencies of your assigned judge.

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