New Jersey Civil and Criminal Articles

Sexual Assault Charges in New Jersey Ineffective –Assistance Finding Is Held Basis for Legal Malpractice Judgment As re-posted from, New Jersey Law JournalMary Pat GallagherJanuary 19, 2012 A former client of the Public Defender’s Office won summary judgment in a malpractice suit after a Mercer County judge gave collateral-estoppel effect to a finding that he…

All internet service providers are required to keep a list for law enforcement to obtain of every person that is assigned at very unique and specific IP address for the computers that are provided internet services. This process was created for unique billing for the computer IP companies. However, the unique IP address also enable…

(Decided January 23, 2012) The US Supreme court has held that the attachment of GPS tracking devise on a vehicle travelling on the public highways is considered a search subject to 50 years of search and seizure case law. Accordingly, with out a warrant executed by a neutral and detached magistrate, the use of same…

The Federal Adam Walsh Act created a FBI department responsible for the identification and tagging of all possible videos containing child pornography with hidden computer codes which can be searched for from remote FBI locations through out the country. State and Federal authorities will execute a search over the internet for the hidden codes they…

File Sharing: What it is and why it can lead to criminal charges related to Child Pornography Federal & State law prohibits the possession of child pornography. In addition, the laws absolutely prohibit the distribution of any pictures. Current file sharing programs that allow the use of remote connected computers to act as pier-to-pier networks…

Effective September 1, 2011 New Jersey has instituted a ‘voluntary’ prescription monitoring program (PMP) for all licensed medical providers who are empowered with the ability to prescribe CDS and Human Growth Hormone dispensed on an out-patient basis. The intent of the program is to monitor those individuals who are attempting to obtain prescription medications through…

In the last ten years New jersey lawyers have been soliciting citizens who have beenissued traffic tickets though computer access to the NJ court system records.This week several local representatives have prepared a bill that would criminalizeany such solicitation.The legislative intent reflects that that public has come to dislike the intrusionto private lives the solicitation…

State v. Privott, 203 N.J. 16 (2010) In this case, the Supreme Court of New Jersey made three essential holdings. The Court ruled that: 1) the police officer had specific and particularized reasons for conducting an investigatory stop of the defendant, 2) the totality of the circumstances justified the officer’s decision to frisk the defendant,…

In 1995, NJ Legislation (Chapter 334) attempted to increase the collection of unpaid child support by requiring plaintiffs or their attorneys in all civil lawsuit actions to do one of the following: File a certificate with the Probation Department identifying the plaintiff, requiring that staff in the Probation Department search that name in the ACSES…

Background: In a criminal sexual assault case, Defense Counsel attempted to introduce sexually explicit instant message (IM) conversations between a girl who was a minor and several adult males who were not charges with any offense or were related to the criminal case in any manner. Defense Counsel intention was to prove that the alleged…