By Michael R. Ascher The month of May brings warmer weather, graduation parties and college students home for the summer. This is the time your young adult children will want to get a jump on summer parties, when likely beer and creative liquor-infused drinks will be on the menu. Parents are then faced with underage
Criminal Law Blog
By Michael R. Ascher, Esq. In a major decision, the New Jersey Supreme Court declared that a driver’s failure to have his passenger wear a seat belt could result in a jail sentence to the driver if the passenger is either killed or seriously injured. In State v. Lenihan, our Supreme Court confirmed the
By Michael R. Ascher, Esq. The New Jersey Rules of Evidence contain a strong privilege protecting communications between married couples. The Rule provides that “no person shall disclose any communication made in confidence between such person and his or her spouse.” The privilege is based upon the strong societal policy encouraging spouses to share confidences and
By Matheu D. Nunn, Esq. For those of you that do not know, when you get a driver’s license at the ripe age of 17, you have implied your consent to take a breath test to determine your blood alcohol content (a test to determine whether you are driving while intoxicated). Stated differently, you must
By Michael R. Ascher, Esq. In a victory for the concept of privacy for New Jersey Residents, our Appellate Division threw out a search of a hotel room that was located by the use of a trace of a cell phone. In the case of State v. Earls, during the investigation of potential burglaries,
By now you have all read about, or heard about, the controversy surrounding the Christie Administration and the closure of lanes on the Fort Lee side of the George Washington Bridge. What you may not know is that the participants (the planners) may face criminal prosecution based on New Jersey’s “Official Misconduct” statute. I have
On January 8, 2014, the Supreme Court of New Jersey decided State v. David Gibson , which stemmed from the seizure of drugs from an individual (Gibson) who was arrested for “defiant trespass” (and later searched incident to the arrest – see my prior blog post on New Jersey’s search and seizure law for a discussion of search incident
By Michael R. Ascher, Esq. Being falsely accused of rape or sexual assault is something that can truly ruin your life. There are various reasons why a person may make a false assertion, and these claims, when false, make it harder for real victims of sexual assault to come forward. However, when a false accusation of
The holidays are fast approaching – and there are celebrations to go to, office parties and lots of holiday cheer. The holidays are also a time when the police set up DWI checkpoints to ensure that you are not inebriated while you are driving.
On September 9, 2013, the Supreme Court of New Jersey affirmed an Appellate Division decision in State v. Handy authored by the Hon. Jack M. Sabatino, J.A.D., which focused on a not-so-frequent scenario facing trial courts in criminal cases – the rare circumstance where a criminal defendant has both a substantive defense (like self-defense, for example) to a criminal prosecution and grounds to claim not guilty by reason of insanity.