Law Offices of Michael T. Nolan, Jr.

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February 2012 Archives

U.S. Supreme Court: State Prisoner Questioned by Police in Prison Not in Custody for Miranda Purposes

The highest court in the land -- the United States Supreme Court -- has recently ruled that an inmate in state prison, who was questioned by police about criminal offenses he committed prior to entering the prison facility, was not in custody for purposes of Miranda v. Arizona.

Prevention of Domestic Violence Act Does Not Authorize Restraining Order Barring Defendant From Any Place Where Former Wife Located

The Appellate Division of our state Superior Court has held that a provision in a Final Restraining Order ("FRO") issued pursuant to the Prevention of Domestic Violence Act ("the Act") which bans a defendant from being any place where his former wife also happens to be located is too broad, and therefore not authorized under the Act.

DWI Conviction Possible Without Blood Alcohol Readings

The Appellate Division has recently reaffirmed a long-standing legal principle: one may be convicted of driving while intoxicated (DWI) even in the absence of blood alcohol readings. In State v. Salkewicz, the Appellate court upheld the defendant's conviction for DWI in Manchester Municipal Court despite the unavailability of Alcotest results, based upon the police officer's observations of her erratic driving as well as the sub-standard manner in which she performed the field sobriety tests at the site of the traffic stop.

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Law Offices of Michael T. Nolan, Jr.
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Brick, NJ 08723

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