Blog Posts - Criminal Defense
Stalking Charges in NJ: How to Navigate False Accusations
In New Jersey, being charged with stalking is a matter that’s taken very seriously. Given the gravity of such charges, understanding your rights and the legal avenues available to you is crucial. But what happens when someone is falsely accused of stalking? This is where Jill Cohen of The Law...
Continue ReadingNavigating Bail Reform in New Jersey: A Comprehensive Guide
Navigating the criminal justice system can be a daunting experience, particularly when it comes to understanding bail and pretrial release. In recent years, New Jersey has made significant changes to its bail system, emphasizing fairness and community safety. In this article, I’ll break down what these changes mean for you,...
Continue ReadingWhat Factors Lead To 'Aggravated' Sexual Assault Charges?
When it comes to sexual assault charges, the terminology can be confusing and intimidating. Often, you’ll come across the term “aggravated” sexual assault. But what distinguishes “aggravated” from “simple” sexual assault? Understanding these factors is critical for anyone involved in such a case, whether you’re the accused or the victim....
Continue ReadingPossible Penalties For Parole Violation
Parole is an arrangement by which a person convicted of a crime spends the remaining time of the sentence outside of prison. People on parole receive an early release provided that they meet certain conditions. Examples of possible parole violations include the parolee breaking the law or failing to inform...
Continue ReadingCan You Unknowingly Participate In A Criminal Conspiracy?
Criminal conspiracy refers to a situation in which two or more individuals agree to commit a crime and proceed to act with the intent to carry out that crime. You might face criminal conspiracy charges if you participate in discussions or facilitate a crime even if you were unaware that...
Continue Reading3 Tech Trends In Law Enforcement
The world has vastly changed in the past decade thanks to technological innovations. To keep up with the ever-evolving modern society, law enforcement has quickly seen the importance of embracing new technologies. Three of the top ones include: 1. Accessing smart data In this day and age, data rules. With...
Continue ReadingHow To Support A Loved Ones Criminal Defense
When a loved one gets charged with a serious criminal charge, they have a long battle ahead of them. Considering that the New Jersey Courts had 24,179 indictable criminal filings from July 2019 to June 2021, it remains clear that the court process takes time. During the wait, the following...
Continue ReadingWays to discredit eyewitness testimony
Although many people consider eyewitness testimony as a gold standard for building a case, it is more unreliable than you think. Even the American Psychological Association recognizes the frequency of mistaken eyewitness identification in those later exonerated by DNA evidence. When you face charges with an eyewitness testifying for the...
Continue Reading3 Faqs About Violating Probation
As a low-risk offender, you may get probation instead of having to serve time in prison. Although you get to serve your sentence in the community under supervision, the courts take probation seriously. 1. How do courts define probation? As a person on probation, remembering that your situation remains a...
Continue ReadingCan New Jersey Revoke Parole Due To A Pending Criminal Charge?
After you serve out a New Jersey prison sentence, you may wind up on parole, which grants you conditional freedom for a set time, provided you follow the terms of your parole agreement. You need to tread carefully while on parole, because violating its terms may lead to more time...
Continue ReadingWhy do prosecutors negotiate immunity deals?
With some criminal offenses, members of law enforcement and prosecutors do not need much help to make a case. For example, if a driver is swerving and fails a breath test, the state probably has everything it needs to secure a conviction for driving under the influence. Evidence of some...
Continue ReadingCan You Be Guilty By Association?
There is no legal basis for finding someone guilty by association in U.S. courts. However, in criminal law, joint enterprise refers to an instance of criminal conspiracy or group negligence. When there is potentially more than one party to a single crime, it is possible for law enforcement to charge...
Continue ReadingHow A New Jersey Parole Revocation Hearing Works
After you serve a third of your New Jersey prison sentence, you may become eligible for parole. If granted parole, you then have to adhere to certain compliance requirements. These typically include making regular appearances in front of a parole officer, among others. If the State Parole Board Hearing Unit...
Continue ReadingWhat do you know about your Miranda rights?
Miranda rights are often featured in media, especially shows that focus on police activity and conduct. However, not many people know how they work in real life. What are a person’s Miranda rights? How do they work? And why should they be invoked? Protections under Miranda rights Miranda Warning discusses...
Continue Reading3 Tips To Help A Family Member Who Is On Parole
If you have a family member on parole, it means that he or she is serving the rest of a sentence outside prison. Parole is conditional, meaning that if your family member violates paroles expectations, he or she could go back to prison. You may hope that, once your family...
Continue ReadingFAQ About Law Enforcements Use Of Cell Site Simulators
Cell phone records often provide location information that law enforcement might use in crime investigations. Law agencies recently began using cell phone simulators to improve the accuracy of location data. However, some have concerns about the legality of these devices and the data collected. What are cell site simulators? A...
Continue ReadingHow Valid Are Eye Witness Testimonies?
Eyewitness testimony is a common source of evidence for either side in a criminal case. However, experts continue to question their validity, and New Jersey’s criminal justice system continues to make changes to improve the use of eyewitness testimonies. Role of eyewitness testimony Eyewitness testimony is a form of evidence...
Continue ReadingProcess of Suspected Parole Violation
Parole is one way the legal system gives defendants a second chance. Although released from incarceration, individuals on parole still must follow specific guidelines and restrictions, as they are still carrying out their sentence. During this supervised release, the parolee stays in contact with their parole officer and follows terms...
Continue ReadingHow New Jersey’s Earn Your Way Out Act Works
A law that took effect early last year in New Jersey seeks to help reduce the number of inmates housed within the state. It also hopes to help reduce recidivism or the chances of an inmate returning to the criminal justice system. The law also seeks to help those who...
Continue ReadingWhat should you know about police coercion?
Unfortunately, the justice system is far from perfect. This sometimes means that innocent people end up convicted of crimes they did not actually commit. Unethical and unlawful behaviors and practices of police may result in this. It is thus important for people facing charges to understand the processes that police...
Continue ReadingWhat to expect at a New Jersey parole revocation hearing
When you find yourself on parole in New Jersey, you have to abide by certain terms. Violating any of the conditions of your parole has the potential to lead to serious legal trouble. If your parole officer believes you committed any such violations, he or she may require you to...
Continue ReadingHow The Bail System Works In The State Of New Jersey
Since 2017, bail has become a bit fairer in New Jersey. This is due to the Bail Reform and Speedy Trial Act which eliminated cash bail. This act led to a decrease in the pretrial jail population. Here is an overview of how the system works nowadays. 1. Issuance of...
Continue ReadingUnderstanding the guidelines and operations of pretrial intervention programs
Those charged with a crime in New Jersey may qualify for the Pretrial Intervention Program. The PTI offers alternatives to the traditional criminal process. The purpose of the PTI model is to provide rehabilitation to those charged with criminal offenses. An intervention program attempts to give the person other ways...
Continue ReadingWill any violation of parole cause me to go to prison?
Qualifying for parole grants you an early release from prison, provided that you fulfill certain obligations as required by your parole certificate. Your newfound freedom may not be entirely euphoric since you know you could end up back in prison if you violate the terms of your parole. Still, a...
Continue ReadingWhat does New Jersey law consider terroristic threats?
Getting into an angry situation sometimes means you say harsh and negative comments that you wish you had not said after calming down. However, in the age of social media, words can be on electronic display for just anybody to see. Sometimes those words can draw the attention of law...
Continue ReadingAre There Any Benefits To Posting Bail?
Facing criminal charges is a bleak process, but thanks to the United States justice system, a defendant is innocent until proven guilty. Because of this approach, it is possible to wait for your court appearance without spending time in jail. When eligible, posting bail is an opportunity for pre-trial freedom,...
Continue ReadingWhat happens at a pre-trial detention hearing?
New Jersey is undergoing an intense movement toward criminal justice reform, and the New Jersey Bail Reform Act changes the way pre-trial detention works. Bail reform efforts place the emphasis on a variety of risk factors for holding an individual until trial rather than focusing on monetary factors. For those...
Continue ReadingWhat distinguishes voluntary from involuntary manslaughter?
Manslaughter may not be as serious a charge as murder, but it is still a criminal offense that you should not take likely. A conviction for manslaughter could put you away in prison for as long as 10 years or more. Whether your situation qualifies for voluntary or involuntary manslaughter...
Continue ReadingYour child has the right to legal counsel no matter what
Juvenile delinquency is a crime or penal violation committed by a minor under 18. According to the Juvenile Law Center, the US Supreme Court ruled in 1967 that every juvenile has the civil right to counsel. New Jersey law also holds that youths have a right to counsel at “every...
Continue ReadingWhen can a teenager be tried as an adult?
As a parent, the thought of your child entering the criminal justice system accused of a crime is terrifying. For many parents of young people struggling to stay on the right path, it is a reality. According to the New Jersey Supreme Court, prosecutors can charge juveniles as young as...
Continue ReadingIncreased Online Sales May Lead To Counterfeiting Allegations
Internet sellers could come under investigation. Customers may claim they advertised and sold reproductions as authentic brands. Under the New Jersey Trademark Counterfeiting Act, officials may investigate allegations of sellers advertising or displaying a counterfeit trademark. Garden State residents could face charges based on the number of products advertised online....
Continue ReadingHow Police Coercion Can Lead To Wrongful Convictions
Not all defendants on trial for committing a crime are guilty. Yet in certain circumstances, innocent people are found guilty for a crime they did not commit. Unlawful and unethical police coercion is just one contributing factor to this injustice. It is important for people to realize how the questioning...
Continue ReadingWhat is stalking?
Anytime any other person makes you feel uneasy or does something that would intimidate you, it could be illegal. One situation where such actions might occur that are against the law is stalking. According to the US Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Jersey Revised Statutes include...
Continue ReadingExamining New Jersey’s Self-Defense Laws
Stories detailing cases of assault in New Jersey may often include claims from the accused stating that they only acted in self-defense. People might meet such claims with skepticism, only to later discover themselves that there indeed are scenarios where a person feels compelled to respond to force with more...
Continue ReadingProtecting Yourself From Assault Charges
If you are like most New Jersey residents, you consider yourself a law-abiding citizen. When a situation arises that results in assault charges, you may not know what to do. Understanding the exact charges is essential for mounting an effective defense. While the law views assault and battery as two...
Continue ReadingEyewitness Testimony Is Compelling But Unreliable
Prosecutors in New Jersey and around the country often rely on eyewitnesses to identify criminal suspects and place them at crime scenes because juries tend to find this kind of evidence extremely persuasive. Experts have long questioned the reliability of eyewitness accounts, but their concerns were largely ignored until DNA...
Continue ReadingWhat are your rights if you are arrested?
Your behavior during an arrest, even if you are innocent, can have long-term consequences. You should know your rights and what to do if you are arrested for a DUI or other crime in New Jersey. When Police may arrest you if they have a warrant. This is a court...
Continue ReadingCan Felony Conviction Impact Employment Opportunity?
Both felonies and misdemeanors carry significant penalties in New Jersey if a conviction is obtained. In fact, they can have an impact on finding and keeping employment. If you have a felony on your record, it is good to know how it can affect your potential job search. Felonies and...
Continue ReadingAn Overview Of The Criminal Justice Process
If you are charged with a crime in the state of New Jersey, it may take several weeks, months or years for your case to be resolved. The exact timeline depends on multiple factors such as the charges against you and your willingness to negotiate a plea deal. Firing your...
Continue ReadingEvidence Suppression May Be Key To Your Criminal Defense
Sex crime allegations can quickly threaten to derail your future. That’s why if you’re on the receiving end of these accusations you need to develop an aggressive criminal defense that attacks the weak points of the prosecution’s case. In many instances, this will simply mean trying to show that the...
Continue ReadingEx-Felons in New jersey Have the Right to Vote
In many parts of the country, individuals convicted of committing felonies either lose their voting rights permanently or must petition to have their rights restored once they have completed their sentences. In New Jersey, an ex-felon can register to vote after they have completed the terms of their custodial sentence...
Continue ReadingCan Self Defense Be Pleaded In New Jersey?
In almost any context, disagreements can escalate from differences of opinion into serious conflicts. When this happens, most individuals are able to deescalate their anxieties and move on without confronting those who oppose them. In some situations, problems cannot be resolved, and conflicts become potentially violent encounters that may result...
Continue ReadingShould Your Loved One be Represented by a Public Defender?
If you’re loved one has been charged with a serious criminal offense, then there’s a lot at stake. A conviction could lead to extensive incarceration and a criminal record that will haunt them for life. Fortunately, your loved one is entitled to an attorney. In instances where an individual has...
Continue ReadingDon't Let Untrustworthy Witnesses Jeopardize Your Future
Are you facing criminal charges and find yourself concerned about how other people might testify about you? This is a common worry of those who have been accused of a crime, and for good reason. After all, prosecutors build many of their cases solely on the testimony of others. However,...
Continue ReadingShould You Accept a Plea Deal Offered to You?
A lot of criminal cases result in plea agreements. These agreements typically involve pleading guilty to some crimes while others are dismissed, or with you receiving lighter penalties than you might otherwise face if you go to trial. Prosecutors are often aggressive in trying to settle cases because they have...
Continue ReadingWhat are my options if I lose at trial?
Unfortunately, there have been several noteworthy cases in which New Jersey residents have had spend time in jail or face other consequences for crimes they did not commit. In other situations, a decision in a criminal case could be unfair because a judge ignored an established legal principle or even...
Continue ReadingAttacking Witness Credibility Could Be Your Saving Grace
A lot of criminal cases are built on faulty testimony. Far too often people wrongly remember events, misidentify perpetrators, or are motivated to testify in a certain fashion that may not necessarily comport with the truth. But if your loved one has been charged with a serious crime, you don’t...
Continue ReadingDefendants Will Be Required to Hand Over Passcodes to Their Phones
After former Essex County Sheriff Officer, Robert Andrews, argued that it was unconstitutional for him to provide his cell phone passcode to law enforcement, the New Jersey Supreme Court ruled 4-3 that it wasn’t. Andrews, who was under investigation for aiding a man who was also under investigation for drug...
Continue ReadingIf Passed, How Will the New Prison Reform Bills Affect You?
As civil unrest has engulfed the country, lawmakers here in New Jersey are urging for the passing of various prison reform bills in an effort to improve the criminal justice system. This would include everything from sentencing to incarceration. Find out what these bills are and how you could possibly...
Continue ReadingHow Do I Get Post-Conviction Relief?
Post-conviction relief is a legal term that describes the ability to bring more evidence after a trial has already been decided. This is important when new evidence or legal issues arise in a case that has already received a ruling. Important Details of Post-Conviction Relief Post-conviction relief is similar to...
Continue ReadingDo I Need a Criminal Defense Lawyer?
We live in an age of “do-it-yourself.” You have a question about how to fix something, cook something, make something? Chances are, you can probably find the instructions for it online. While we may have become accustomed to finding answers to our common questions online, your criminal case is not...
Continue ReadingThe COVID-19 Virus and Your Rights
This is part of the Judiciary’s social distancing efforts to slow the spread of COVID-19 coronavirus. Contact Jill Cohen, or the Court if you have any questions about your case. If you are being held pending trial under the Bail Reform Act, please note that the courts are automatically extending...
Continue ReadingIf You Are Unhappy With Your Attorney You Don’t Have To Stay
Ms. Cohen will provide a second opinion as to the performance of your attorney. Please contact her for an initial free consultation. If you have a copy of the important parts of your file you can contact her for a second review. Although the initial consultation is free, you may...
Continue ReadingChallenging a Conviction or Sentence in New Jersey
There are several ways that you can challenge your conviction. Whether you entered a guilty plea or went to trial and were convicted, there are ways to change your result. Appeal: First, you have 45 days to appeal the conviction. You have an additional thirty days, and even more, if...
Continue ReadingWhat to Do When Dealing With Charges of Battery and Assault
Dealing with Assault And Battery Charges in NJ When an individual is accused of battery and assault, they are facing some serious accusations and charges that could land them in prison for a long time. If you have recently been charged with such crimes and you do not know what...
Continue ReadingHow Does a Lawyer Assist When a Person Has Misdemeanor Charges?
How a Criminal Defense Lawyer Can Help NJ Residents Charged with a Misdemeanor Misdemeanor charges are usually not as serious as felony charges. Those convicted of these charges may receive much lighter sentences. However, every situation is different. If someone is on probation when they are charged with a misdemeanor,...
Continue ReadingWhat Types of Juvenile Crimes Tend to Occur the Most?
The Severity of Juvenile Crimes Committed in New Jersey Adults are not the only ones that commit crimes. Juveniles can commit crimes for different reasons and some may face the same or similar punishments as adults that have committed the same crimes. Certain factors are usually taken into consideration, including...
Continue ReadingExplaining the Difference Between Indictable Crimes and Disorderly Persons Offenses in New Jersey
Criminal Defense Overview Under New Jersey law, violations of the state’s criminal code fall into different categories of severity. The more serious category of criminal code violations are indictable criminal offenses, while the less serious category are the disorderly persons offense/petty disorderly persons offense. Which category a criminal code violation...
Continue ReadingJuveniles and Felony Charges
In the legal world, children and juveniles don’t often receive the same type or level of punishment for the same crimes that are committed by someone 18 or over. Only the most severe crimes on a case-by-case basis usually result in a juvenile being charged with a felony. A judge...
Continue ReadingDisorderly Conduct Charges In New Jersey
You’ve likely heard of the term “disorderly conduct” before. It’s a commonly charged crime that usually serves as a catch-all for unruly and disruptive behavior. For the average person, this definition can seem frustratingly broad. Understanding the finer points of how this crime is defined can help you avoid charges...
Continue ReadingCharges for Hate Crimes on the Rise in New Jersey
Newly-released data from the FBI showed that the number of reported hate crimes across the United States rose 17 percent in 2017. In New Jersey, the number of hate crimes reported in jumped 76 percent to 500 total incidents. Being charged with a hate crime in New Jersey is a...
Continue ReadingHoboken Man Accused of Falsely Reporting Robbery of His Employer’s Messenger Bike
Anyone who is thinking about stealing their boss’ messenger bike might want to think again. The Hoboken Police Department recently arrested a purported victim of a robbery just eight days after receiving a report of an assault and robbery of an expensive messenger bike. After reviewing video footage which revealed...
Continue ReadingLarge Majority of Crimes in New Brunswick Go Unsolved
The Mayor of New Brunswick expected a large drop in the crime rate when he increased the size of the New Brunswick Police Department. What he did not expect was the rise in homicides that occurred which ended up being four times as many homicides in 2017 as they had...
Continue ReadingResearch Studies Reveal the Effects of Pretrial Detention
Two years ago, Senator Elizabeth Warren took the U.S. Senate floor and boldly proclaimed the existence of two legal systems: “one for the rich and powerful, and one for everyone else.” Statistics strongly confirm Senator Warren’s notions. Those who can’t post bail on non-felony charges will be held in pretrial...
Continue ReadingPolice Charge 16 Year Old With “Crime Spree”
New Jersey State Police claim that a 16 year old stole an unmarked police vehicle from a state trooper’s North Brunswick driveway and used the vehicle to commit robberies, impersonate police, and possibly commit other crimes, according to a recent article at NJ.com. Police claimed that the vehicle, an unmarked...
Continue ReadingNew Jersey Implements New Guidelines for Speedy Trials
The U.S. Constitution states that citizens accused of crimes have the right to a “speedy trial.” The New Jersey State Constitution secures a similar right. But neither document defines what, exactly, it means by a “speedy” trial—and in some cases, the process may take months or years. Some U.S. states...
Continue ReadingArrest for Disorderly Conduct, Shoplifting, and Consumption of Alcohol by a Minor
Seemingly small mistakes can add up to legal problems. In April, a 19-year-old man from New Hampshire was charged with disorderly conduct, shoplifting, and consumption of alcohol by a minor. He shoplifted about $7 worth of snacks. An officer located the young man and observed intoxication. He was arrested. According...
Continue ReadingHow Evidence Is Collected at a Crime Scene
Police Procedures When Collecting Evidence & Admissibility at Trial Whether it’s an aggravated assault case with bullet casings left behind at the scene, a drug crime case with suspected marijuana or cocaine hidden inside a car, or a homicide case with blood streaks on the pavement, crime scene investigators play...
Continue ReadingNot All NJ Arrests Are Eligible for Bail
Bail for Defendants Facing Felony Charges in NJ If you have been arrested for a crime, especially a felony-level offense, it is very possible that you will be processed and then taken to the county jail. Following a bail conference hearing, you will likely have a bail amount set. This...
Continue ReadingCamden County Criminal Lawyer Impact Of Criminal Conviction On Child Custody
A state court in Connecticut surprised many earlier this summer by allowing a parent charged with a serious criminal offense — hiring a hit man to kill her husband — to plead guilty to a lesser offense and retain custody of her child. The Stevens Case In the Connecticut case,...
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