The New Jersey Criminal Lawyer Blog, published by Michael Pastacaldi, focuses on criminal law issues specific to New Jersey. It covers topics such as post-conviction relief procedures and challenges, including the five-year time bar and excusable neglect exceptions. The blog also discusses DUI laws and constitutional challenges, privacy and security debates in criminal investigations, and emerging cybercrime threats like hacking and ransomware attacks. It addresses legal rights, procedural rules, and constitutional protections relevant to criminal defendants, as well as the evolving landscape of criminal defense in the context of technology and law enforcement practices.
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…
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…
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…
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…
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…
Recently, congress passed a law creating the “U-Visa” program which provides legal status to illegal immigrants who are victims of crimes such as sexual assault or domestic violence and other serious crimes. The purpose is to provide police with an…
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…
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…
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…
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…
