The Latest In NJ Law:
June 20th, 2017 – An Update on the Bail Reform Act
On June 20th, 2017, the New Jersey Superior Court, Appellate Division addressed whether the Prosecutor’s office must produce a completed Preliminary Law Enforcement Incident Report (aka “PLEIR”) when seeking pre-trial detention of a Defendant. In following with the decision in State of New Jersey v. Habeeb Robinson (updated on May 10th, 2017), the PLEIR is not mandatory under the Bail Reform Act nor the Attorney General Directive produced on October 11th, 2016.
June 16th, 2017 – An Update on Search & Seizure of a Motor Vehicle
On June 16th, 2017, the Supreme Court of New Jersey handed down an opinion in the matter of State of New Jersey v. Lurdes Rosario where the Defendant had pled guilty to 3rd Degree Possession of a Controlled Dangerous Substance after having a Motion to Suppress denied by the Trial Court.
At issue in the case was when the Police Officer approached the Defendant within her motor vehicle, he blocked in her motor vehicle with his patrol car. This was determined by the Supreme Court to be a restraint on her freedom and the beginning of an investigative detention. However, the investigative detention was not justified by a reasonable articulable suspicion held by the Police Officer. The justification the Police Officer held for the stop was an anonymous tip that someone was selling drugs from a car, the fact that the Police Office recognized the Defendant from a previous drug charge, and the Police Officer observed the Defendant moving inside her car.
As such, the Police Officer’s search and seizure of the evidence of her criminal charges as well as any statements made by the Defendant would be considered fruit of the poisonous tree and inadmissible without the necessary reasonable articulable suspicion to justify the investigative detention. To read more about State of New Jersey v. Lurdes Rosario, click here.
June 9th, 2017 – An Update on the 2nd Amendment in New Jersey
On June 9th, 2017, the Supreme Court of New Jersey handed down an Unanimous Decision, written by Justice Fernandez-Vina and joined by Chief Justice Rabner, Justice LaVecchia, Justice Albin, Justice Patterson, Justice Solomon, and Justice Timpone, in favor of the Defendant in the State of New Jersey v. Crisoforo Montalvo.
The Question posed to the Court was whether an Individual may lawfully possess and hold a weapon for self-defense in his home while answering the front door. The question addresses, specifically, potential criminal liability for Unlawful Possession of a Weapon under N.J.S.A. 2C: 39-5(b) if the Defendant does not arm himself spontaneously to greet an imminent danger.
The Court overturned the Conviction and Sentence of 1 and 1/ 2 years in Prison for Montalvo saying, “Holding a weapon, like a machete, in one’s home is protected by the Second Amendment to the U.S. Constitution, as is carrying a firearm…in the home for self-defense purposes.” The Court elaborated by saying, “even if possession of those same weapons may not be manifestly appropriate outside the home.” As such, “(Anticipatory) Self-Defense is a potential defense to a possessory weapons offense.” To read more about State of New Jersey v. Crisoforo Montalvo, click here.
June 5th, 2017 – An Update on Federal ICE Enforcement in New Jersey Courts
If you haven’t followed along with the previous updates on this topic – revisit April 18th, 2017 and May 5th, 2017, prior to reading along with the next update.
On June 5th, 2017, Mums the word out of the Federal ICE on whether or not they are moving forward with arresting illegal immigrants in the State Courthouses. Lawyers who handle immigration matters are starting to see their clients detained following routine appearances and even for traffic violations.
As the practice continues, the State Assembly Judiciary Committee convened a hearing to discuss the situation with ICE Officials. ICE did not respond to requests for comment. However, they have taken to the Media to state that their targets often live with aliases and without regular employment, and the courthouses are a safe bet for detainment.
Sara Cullinane, State Director for Immigration Advocacy Group “Make the Road NJ,” said that the arrests are having a ‘chilling effect’ on participation in the court system, including one story where a boy was assaulted at school but his parents refused to report because of the ICE tactics. This effect is also being felt in the areas of domestic abuse/violence, and sexual assault/abuse. For more information, click here.
June 2nd, 2017 – An Update on Applications for Public Defender Services
On June 2nd, 2017, the State of New Jersey Appellate Division handed down a decision in State of New Jersey v. John C. Van Ness which held that the Denial of a Defendant’s Application for Representation by the Public Defender by the Criminal Division Manager is not final and should allow for the Trial Judge to assign temporary counsel, as Rule 3: 4-2(b) provides, and inform the Defendant of its ability to have the application reviewed by the Assignment Judge or designee under N.J.S.A. 2A: 158A-15.1. For more information on the case, click here.
May 25th, 2017 – An Update on the Bail Reform Act
On May 25th, 2017, the State of New Jersey Supreme Court adopted changes to the Bail Reform Act a mere ONE DAY after State of New Jersey AG Porrino released an 86 Page Directive asking for certain changes to be enacted. To be clear, the Bail Reform Act in New Jersey only allows a Judge to order a Defendant to be locked up IF the Prosecutors request it.
Judge Glenn A. Grant, Acting Administrative Director of the State of New Jersey Court System said, “Based on a review of empirical data and the legitimate concerns raised by various segments of the criminal justice community, we concluded that it was necessary to change how the system treats defendants arrested for certain types of offenses.”
Under the changes approved by the State Supreme Court, defendants charged with a range of gun and weapons offenses would face a recommendation of detention by a Prosecutor, but allowing the judge to have the final say. Additionally, those committing multiple offenses while on pretrial release would have an increased chance of being detained as well. For more information on the adopted changes by the State Supreme Court, visit here.
May 24th, 2017 – An Update on the Bail Reform Act
On May 24th, 2017, the State of New Jersey Attorney General Christopher Porrino issued tougher guidelines for Prosecutors on seeking Detention for Criminal Defendants within the Bail Reform Act. In an 86 Page Document (Available Here), the AG amended previous directives to instruct Prosecutors to ask judges to lock up any criminal defendants accused of serious gun crimes, whom have a history of sex offenses, or is on parole/pre-trial release for other crimes. It is speculated that the AG’s new directive is in response to the criticism the Bail Reform Act has received for the release of certain accused criminals to see the same be re-arrested on new charges. Read more utilizing the link provided above.
