New Jersey Court Rule 3:22-1 provides that any person convicted of a crime may file a petition for post-conviction relief within five years. If one files beyond that time frame, the rules allow for a relaxation of that five year time bar if the petitioner can demonstrate “excusable neglect” under N.J.R. 3:22-12. In considering the
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Post-Conviction Relief: Getting Around the Five Year Time Bar
Post-conviction relief in New Jersey is often fraught with many difficulties, making it one of the most challenging areas of the law to practice in. One of its most challenging aspects is the five year time bar under New Jersey Court Rule 3:22-1. The relaxing of that time bar, which is under the legal concept
Kansas High Court deems DUI Refusal Law Unconstitutional
In a 6-1 ruling, the Kansas Supreme Court ruled that criminalizing the refusal of the blood-alcohol test during a traffic stop is unconstitutional. The court found that it violates the 4th Amendment to the United States Constitution prohibiting unreasonable search and seizures by the police during these traffic stops. The Court found that a person
Apple versus the FBI: Privacy versus Security
Benjamin Franklin wrote, “Those who give up their liberty for more security neither deserve liberty nor security.” That statement strikes at the heart of the recent dispute between Apple and the FBI over iphone access in a criminal investigation. In that dispute, the FBI wants Apple’s help to hack into an iphone used by one of the San
Hacking: The New Frontier of Criminal Activity
This month Hollywood Presbyterian Hospital disclosed that hackers infiltrated its computer system, and they infected them with malware making the computer system inaccessible. The hackers originally demanded 3.4 million to remove the malware to give control back to the hospital. Although not paying the initial demand, The hospital did take the extraordinary step of capitulating and paying a $17,000 ransom to the hackers.
The “Affluenza defense”: A Criminal Defense Attorney’s Hail Mary
As criminal defense lawyers, we’ve all been there. A client with little to no defense while facing serious charges. You reach back into the file, re-read the entire record, and hope something will jump out at you in hopes of something to help your client. I am sure a similar scenario played out for the
DUI and The Right of Refusal: The US Supreme Court to Decide
The United States Supreme decided this past week to hear cases stemming out of North Dakota and Minnesota concerning the constitutionality of criminalizing the refusal of breathalyzer tests. The legal issue in question concerns law enforcement’s potential infringement of the Fourth Amendment right to unreasonable search and seizure under the United States Constitution when police
Gun Control: The Stark Reality for NY and NJ Residents
On December 9, 2015, Tatiana Duva-Rodriguez, who is licensed to carry a concealed weapon, discharged her sidearm at a shoplifters’ getaway car at a Home Depot parking lot in Detroit, Michigan. She saw a store security guard chasing a suspect who was pushing a cart filled with merchandise who then entered a getaway car and began to speed
Social Media and Your Criminal Case
Recently, a Floridian woman was live streaming herself driving intoxicated. She says at one point “I’m so drunk” and “let me see if I can make it home without a ticket” on the live stream Periscope App on which other individuals can comment. While on this application, an officer logged on to it and located