Month: December 2023

In the United States generally and New Jersey specifically, national and state constitutions make it illegal for police officers to stop, search, or take property from someone without probable cause. That means the police must have reasonably trustworthy information that the person whom they stopped, searched, or took property from was about to or had committed a crime. Sobriety checkpoints, however, are legal in New Jersey. Several cases exist regarding sobriety checkpoints in the United States, but this article will explain how two such cases have affected New Jersey state law. Telling the difference between a legal and illegal sobriety checkpoint can mean the difference between getting your charges dismissed and a hefty drunk driving penalty. Keep reading to learn how to do this, and if you need legal advice regarding a sobriety checkpoint or any other criminal law question, call a Bergen County DUI lawyer right away. American Jurisprudence and Sobriety Checkpoints As early as 1985, the New Jersey Superior Court ruled on sobriety checkpoints. In State v. Kirk, 202 N.J. Super. 28 (1985), the Court indicated that sobriety checkpoints were legal so long as they complied with 13 restrictions on time, manner, and place. Five years later, the […]

A DUI is a very serious charge anywhere in the United States, and New Jersey is no exception. Being convicted of a DUI can cost you driving restrictions like a license suspension, the requirement of installing an ignition interlock device, and even jail time. Many jobs and even housing applications nowadays ask if you have a conviction on your record, such that a conviction will likely cause you problems in other parts of your life. This is why it is crucial to hire an experienced, skillful Bergen County DUI lawyer who will fight by your side to get your DUI dismissed. This blog post will explain some arguments your lawyer may use to this end. Read carefully so that you learn about the strategies used in cases like yours. What Is Driving Under the Influence in New Jersey? A crime may be defined by the elements legally required to prove it. For driving under the influence, there are three elements: The defendant operated a vehicle The defendant had consumed drugs or alcohol that limited their ability to drive carefully; Or, the defendant had a prohibited quantity of drugs or alcohol in their blood alcohol content as they were driving. People […]

**Updated & Revised July 2025** Defense of yourself or of your property can be a controversial topic, but why is this? Stand your laws offer an alternative, but what is the perspective of New Jersey toward these laws? Keep reading to find out, as well as to understand how New Jersey permits self-defense via the castle doctrine. If you have been charged with a crime, don’t hesitate to contact a Bergen County criminal defense lawyer as soon as possible. What Are Stand Your Ground Laws? Stand your ground laws are an affirmative defense. If someone attacked another person, they may argue that while their attack did occur, they themselves were initially under threat and moved to defend themselves or their property. The concept, perhaps reasonable in an abstract void of history, becomes problematic when viewed through the historical sociological dynamics in the United States. While it is viewed by those on the right as a necessity, progressives argue that a breezy approach to self-defense is so predominant in this country due to a history of white authorities looking the other way when marginalized identities were assaulted and killed. Castle Doctrine and Duty to Retreat in New Jersey This then gives […]

Even if you have no earthly idea that you are breaking a law, according to United States law, you are still responsible for your actions. This concept is known as “Ignorantia juris non excusat” in Latin, which means “Ignorance of the law excuses not.” There is another similar phrase, “Ignoranti legis neminem excusat,” meaning “ignorance of the law excuses no one.” The concept, entrenched in American jurisprudence since Thomas Jefferson, relies on the understanding that the administration of justice becomes impossible the moment someone can excuse themselves by claiming they didn’t know about the law they broke. But even so, there remain cases where the Supreme Court has accepted an ignorance of the law defense. Keep reading to learn what those instances were, and contact a tough and compassionate Bergen County criminal defense lawyer to battle alongside you if you are facing charges. Rules that Favor Defendants Regarding Ignorance of the Law In the modern day, the United States quite literally has tens of thousands of laws between the many jurisdictions that make up the country. On its face, this would make it unreasonable for anyone to have an up-to-date mental registry of every law which might apply to them. […]