YOUR GOALS, OUR GUIDANCE, ONE DIRECTION

Speak with an Attorney: 201-391-3737

Price, Meese, Shulman & D’Arminio, P.C. Blog

Our criminal defense team consists of experienced trial attorneys who have appeared before federal, state, and administrative agencies in New York, New Jersey, and other jurisdictions.  Often the best defense consists of an active investigation from the point of being retained to effective accumulate evidence and formulate a defense that can m...ean the difference between being found guilty or innocent. More

Civil forfeiture in New Jersey

New Jersey is among the worst states in the country when it comes to civil forfeiture laws.  Many people incorrectly assume that civil forfeiture applies to only an accused or a criminal defendant's property.  However, civil forfeiture can occur with any type of property which is simply allegedly tied to criminal activity.  The owner does not have to be actually charged with a crime in order to have their property taken them.  Also, in a civil forfeiture proceeding where the state is represented by the county prosecutors, there is a lower standard of proof which does not require them to prove guilt 'beyond a reasonable doubt.'  New Jersey has consistently ranked as one of the least transparent states when it comes to disclosing how much they have actually confiscated, and has consistently been given poor marks by independent agencies which monitor forfeiture activity.  For example, in 2015, the highly respected Institute for Justice gave New Jersey a D-, the lowest grade possible, when it analyzed the laws and the growth of civil forfeiture proceedings around the United States.  

Continue reading
  350 Hits
350 Hits

Pre-Trial Taint Hearing In Sexual Assault Cases

Before the New Jersey Supreme Court determined the procedures and applicability of a pre trial taint hearing in State of N.J. v. Michaels, there was no real legal authority for a defendant to rely upon. This kind of pre trial hearing is limited in aggravated sexual assault cases, and normally deals with the methods, types of questions, and other tools used by an investigator during the course of interviewing the alleged victim.

Continue reading
  1607 Hits
1607 Hits

Bail In The Federal Courts

The Bail Reform Act of 1984, as amended (“the Act”), Title 18, United States Code, Section 3141 et seq., governs the release and detention of federal criminal defendants before trial. The Act “establishes standards and procedures governing both the pretrial phase of a case, the period between conviction and sentencing, and the period during the pendency of an appeal by either side.”

Continue reading
  1662 Hits
1662 Hits

Contact Us

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input

Search

Latest Bloggers