Law Offices of Michael T. Nolan, Jr.

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Posts tagged "criminal defense"

What does “fruit of the poisonous tree” mean?

If you face criminal charges in New Jersey, the fruit of the poisonous tree doctrine could play a large part in your criminal prosecution. As LawTeacher.net explains, this legal doctrine stands for the proposition that governmental officials, i.e., law enforcement officers, prosecutors and others involved in the criminal judicial system cannot benefit from evidence they seize unconstitutionally.

Understanding an insanity defense

It is safe to say that television viewers and movie buffs in New Jersey and throughout the country have seen a dramatization of a court case in which the defendant is found not guilty due to insanity. Many times, those dramatizations shape people’s real-life opinions as well. Like the outraged actors in these programs, others may perceive a defendant has received a “free pass” after committing a crime and receiving a not-guilty judgment. This feeling may also be shared by victims and their families, as well as others involved in the legal community.

Understanding New Jersey stalking laws

Stalking is a common occurrence in New Jersey and elsewhere. Often, the person who is accused of this is unaware that his or her behavior qualifies as stalking and that criminal charges can result. It is important for residents to understand the different behaviors that qualify as stalking, as well as the penalties one can face for a conviction.

Swatting: not just a computer crime

The prank called “swatting” gained national attention a few months ago, after a man from Los Angeles, California, made a false call to authorities that resulted in an innocent man’s death. New Jersey residents may associate swatting with arguments that originated online. However, it is important for people to understand the severe penalties that can result from playing this serious joke on others.

What will happen at my preliminary hearing?

If you were indicted for allegedly committing a serious crime in New Jersey, you likely will have a preliminary hearing after entering your not guilty plea and before proceeding to trial. In fact, as FindLaw explains, the whole purpose of a preliminary hearing is to determine whether or not the state has sufficient evidence to try you.

How important are my Miranda rights?

As a New Jersey resident, you should understand the importance of your Miranda rights well before an occasion arises during which you are arrested and questioned by law enforcement officers regarding a criminal matter. As FindLaw explains, there is much more to the Miranda warning than a mere recitation of rights that law enforcement officers are required to tell you when they arrest you. These rights have enormous meaning and consequences, and as established by the landmark 1966 U.S. Supreme Court case of Miranda v. Arizona, are the foundation of your constitutional right to liberty.

Understanding plea bargains

Entering into a plea bargain can be a very useful and practical strategy for a New Jersey resident charged with committing a crime. Before doing so, however, the defendant should know exactly what he or she is agreeing to and exactly what the consequences of that agreement will be.

New Jersey's age of consent laws

If you are like most people in New Jersey, you have become aware of the many media stories across the nation that report on alleged sexual abuse or contact between adults and minors. This might include teachers being found in bed with students for example. In some cases, criminal charges are levied against the adult in the matter. Every state has its own laws when it comes to statutory rape or other offenses like endangering the welfare of a child or child lewdness. The age of the youngest person involved often is a factor in determining what if any charges are faced.

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