When questions of scientific reliability arise in New Jersey criminal and quasi-criminal cases, one of the most significant factors affecting the courts’ evaluations of evidence and its admissibility is the particular legal standard used to evaluate the evidence at issue. A recent decision by the Supreme Court of New Jersey upends the established practice of […]
read full articleRight to Carry Case Affirms Carrying Guns in Public for Self-Defense: How it Impacts New York and Beyond An earth-shattering ruling for some, an expansion of gun rights for others, and a return to the constitution for others still, one thing is for certain: the Supreme Court just made a major decision about concealed carry […]
read full articleProviding Defendants Miranda Warnings Just a Formality in New Jersey? Think Again. In a significant case brought before New Jersey’s Supreme Court, the judges unanimously ruled that Miranda warnings are an essential right of individuals facing interrogation and thus, cannot be contradicted, undermined, diminished, or otherwise devalued by law enforcement. If you have been detained […]
read full articleA recent decision regarding the Knock and Announce Rule for search warrants spells significant implications for criminal procedure and evidence suppression when defendants are charged with crimes after these types of searches in New Jersey. In State v. Caronna, the New Jersey Supreme Court ruled that the suppression of drugs seized from an illegal search and […]
read full articleThe community caretaking exception allows the police to conduct a warrantless search under certain circumstances. One of several exceptions to the Fourth Amendment’s protection against unwarranted intrusions into private spaces, police community caretaking allows police to search a vehicle or home without a search warrant in some instances. However, the Supreme Court qualified the exception […]
read full articleNew Jersey Supreme Court Says Recorded Phone Calls from the Police Station cannot be used as Evidence Against Defendants Facing Criminal Charges The United States Constitution does not specifically state that individuals have a right to privacy. However, a long line of Supreme Court cases has carved out a right to privacy from the Bill […]
read full articleThe New Jersey Supreme Court recently decided that N.J.S.A. 39-3:33 should be interpreted narrowly, looking to the plain meaning and reasonable understanding of the term “obscure” or “concealed,” and must not be used as a pretext for police to violate any individual’s Constitutional rights. The ruling comes after two criminal cases were brought before the […]
read full articleIs a Virtual Grand Jury Process Violating New Jersey Defendants’ Rights? The State Supreme Court will Decide To respond to the COVID crisis and maintain safe criminal justice system procedures, namely, the grand jury proceedings critical to moving criminal cases through the criminal justice system, the New Jersey courts allowed virtual grand jury hearings. In […]
read full articleIn Kansas v. Glover, the United States Supreme Court expanded an officer’s authority to lawfully stop an individual under the Fourth Amendment. In this case, the Supreme Court was asked to determine whether it was permissible to conduct a motor vehicle stop after running the driver’s license plate and subsequently learning that the registered owner […]
read full articlePolice conduct traffic stops on New Jersey roadways virtually everyday. They notice someone driving too fast, failing to maintain their lane, making an improper turn, driving with a headlight out, driving recklessly, or otherwise committing a traffic violation and are quick to turn on the sirens. What you may not know until you find yourself […]
read full articleWith unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.
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