Inside-Out Look at How Grand Juries Work in New Jersey
January 19, 2025
When most people hear about a grand jury proceeding or subsequent indictment, they mistakenly believe someone is guilty of committing a crime. The grand jury performs an important role in criminal cases in New Jersey but does not get involved in convicting someone accused of criminal conduct. The grand jury serves an essential purpose in New Jersey's criminal justice system. When the state charges someone with a serious crime, the grand jury decides whether there is enough evidence to ... Read More»
Unpacking Mistrials in NJ Criminal Proceedings
December 23, 2024
Fundamentals of a Criminal Mistrial in New Jersey Criminal trials in New Jersey are complex, some more than others. Most occur with both sides presenting their arguments and evidence, questioning and cross-examining witnesses, and preparing and executing all of the necessary steps from beginning to end, at which point the jury deliberates and verdict is rendered. However, some cases end in a mistrial. Virtually anything that creates an unfair trial or places the integrity of ... Read More»
Examining the Use of Technology in Criminal Defense Lawyers’ Practices
November 25, 2024
What Part Do Tech Advances Play in Criminal Defense? As society changes at breakneck speed with the advancement of technology, all areas of daily life are connected through social media, digitalization, and computer software, to name a few significant technological spaces. Criminal defense work is one area where technology plays a huge role in expanding investigative and informational spaces. New tools in criminal defense allow lawyers and clients to expedite communication and case ... Read More»
Essentials of New Jersey’s Three Strikes Rule
November 16, 2024
As in baseball, three strikes in the criminal arena can mean that a convicted felon is out. In criminal law, three strikes refer to criminal convictions. Many states enacted three-strikes laws to deter repeat offenders from re-offending and secure public safety. New Jersey has a three-strikes law, which is modeled after the federal law punishing dangerous repeat offenders with lifetime incarceration. New Jersey passed the Persistent Offender Accountability Act in 1995, its version of the ... Read More»
Everything You Need to Know about Probable Cause in New Jersey
October 21, 2024
Probable cause is the legal principle that protects individual privacy and prohibits unreasonable governmental intrusion into people’s lives. It is a significant legal concept with relevance to multiple aspects of criminal law in New Jersey, such as going into someone's residence, obtaining a warrant for someone's arrest, arresting a defendant, searching a person or their property, seizure of evidence, and indicting someone for a crime. At Proetta, Oliver, & Fay, our criminal defense ... Read More»
Implications of Miranda Rights in Criminal Law
September 27, 2024
The Enduring Power of Miranda Warnings and How They Can be Pivotal for Your Defense in New Jersey Most people have probably heard police officers advise a handcuffed suspect, "You have the right to remain silent," in television shows or movies. However, they may not know where that right comes from or what it means. The right to remain silent is one of the warnings that police must give to a detained criminal suspect before interrogating them. The requirement to read these rights ... Read More»