For those who regularly watch the national news, you likely have seen stories about civil asset forfeiture. This is the very controversial practice of police seizing property they allege was involved in or derived from some criminal activity without providing evidence...
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Year: 2023
Why are the police on high alert for drunk drivers in the fall?
Certain kinds of criminal enforcement efforts fluctuate depending on the season. Shoplifting can be an issue around the holidays, when people feel pressure to have gifts but may have very little money available to buy them. The summer months often experience an...
Understanding “unforeseen and spontaneous” in auto searches
In New Jersey, when a person is subject to a traffic stop and the law enforcement officer wants to conduct a search of their automobile, there can be confusion as to what they are legally allowed to do. In addition to a lack of knowledge about the law, fear can play a...
Beware of collateral consequences with a criminal conviction
In New York, facing criminal charges can be intimidating in myriad ways. The prospect of a conviction with the potential for incarceration, fines and a criminal record come to the forefront of a person’s fears whether it is a misdemeanor or a felony. However, there...
Should you talk to the police when under investigation?
Being under criminal investigation can be downright terrifying, especially if end up getting arrested. This can lead to desperation, which, in turn, can result in making serious mistakes that can significantly jeopardize your criminal defense. Therefore, even though...
3 common mistakes officers make during searches and seizures
Police officers conduct searches and seize property as a way to interrupt criminal activity and facilitate the prosecution of individuals who have broken the law. However, the ability of police officers to do so is subject to strict limits established in the Bill of...
How do I create a solid residential lease for a rental property?
If you are a landlord who wants to rent out your property, you need a residential lease that covers all of the essential terms and conditions of the rental agreement. A good residential lease should be clear, comprehensive and compliant with the state and local laws...
Supreme Court limits scope of identity theft and fraud
The Identity Theft Penalty Enhancement Act makes it illegal to knowingly possess, distribute or use someone else’s identification in the commission of and in relation to specific felony crimes, including white-collar crimes, such as health care fraud. Those who...
How should I act if I am arrested?
Being placed under arrest is something you never thought could happen to you, and if you find yourself in this situation you may feel overwhelmed and unsure of how to act. This is understandable, since being arrested can be a traumatic experience for many people. The...
Can I be arrested for refusing to give my ID?
If you are stopped by a police officer in New Jersey or New York, you may wonder whether you have to show your ID or tell the officer your name. It is important to distinguish between a physical ID and verbal identification, like your name, address and birthday....