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STATEMENT REGARDING STATE V. JOSEPH M. JAFFE DECIDED BY THE NEW JERSEY SUPREME COURT ON DECEMBER 15, 2014

Mr. Jaffe and I are gratified by the New Jersey Supreme Court’s opinion on Monday, December 15, 2014 permitting post-offense conduct as permissible argument on behalf of a criminal part defendant in the trial court at time of sentencing. The Supreme Court deserves enormous credit for having accepted Mr. Jaffe’s Petition for Certification. The Court’s opinion serves to vindicate the legal argument made on Mr. Jaffe’s behalf in the trial court in 2012. We look forward to making just such an argument at the time of Mr. Jaffe’s resentencing.

A word to the New Jersey criminal defense bar. When my client was sentenced to state prison, he could no longer pay for my legal services. I stayed the course. That is when my client needed me the most. When a client has paid our legal fee and can no longer afford to do so, keep up the fight. The ultimate reward is in the work itself. We are privileged to practice law in a state with a great Supreme Court which encourages such pro bono representation and has deserved its nation-wide reputation for correcting injustice.

Many thanks to Jeffrey Zajac, Esq. for assisting on Mr. Jaffe’s brief to the Supreme Court. A special measure of gratitude to Jeffrey S. Mandel, Esq. and the Association of Criminal Defense Lawyers of New Jersey for assisting Mr. Jaffe’s cause as amicus curiae before the Court.

MATTHEW W. REISIG

December 15, 2014

In the latest of questionable laws, pet owners in New Jersey are now required to restrain their pets when they ride in the vehicle. If a driver is caught with an unrestrained pet, they can now face fines of up to $1,000 per offense. While the purpose of the law may make sense, the actual legislation seems to be a reach. [Read more…] about New Jersey Pets Required to Buckle Up

A former Dover police dispatcher faced serious charges and was left with a four year prison sentence and no question about the judge’s desire to make an example of him. The thirty-nine year old man worked for the department for six years, during which time he was accused of several offenses. He pled guilty to one. [Read more…] about Judge Makes Example of Police Dispatcher in Official Misconduct Case

In a move unmatched by any other state, the Supreme Court of New Jersey has looked at piles of scientific evidence concerning the reliability of eyewitness testimony and developed procedures to minimize the disastrous effects of misidentification.

According to the Innocence Project, 75{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} of all 254 DNA exonerees across the country were initially convicted on the basis of eyewitness testimony. 3 out of 5 of the New Jersey exonerations involved mistaken identifications as well. Because eyewitness identification plays such a big role in many criminal cases, ensuring their accuracy is crucial in preventing the incarceration of the innocent. [Read more…] about New Jersey High Court Questions Accuracy of Eyewitness ID’s

In regards to a stalking law that has been changed and changed again, the New Jersey Supreme Court took further actions to clarify what exactly must be present for a stalking charge to “stick”. They ruled the intentions of the defendant are inconsequential and that defendant doesn’t have to know or intend their actions to cause fear in order to be convicted of stalking.

According to this briefing from Law.com, the stalking law (NJSA 2C: 12-10) on New Jersey’s books has been changed multiple times since its enactment in 1992.

Stalking laws across the country are relatively new as it is a fairly modern crime. Amendments are normal in new criminal laws as the system seeks to close loop holes and ensure they are written correctly. These changes often come about through legislative changes but also through appeals processes.

As it was originally written the law required proof that the defendant actually intended to cause fright, alarm, or annoyance with the stalking activity. In 1996 this requirement of intent was narrowed before being completely removed in 1999. The case which appeared before the N.J. Supreme Court last month affirmed the most recent change, stating that the defendant does not have to intend the resulted fear or annoyance.

This is important because intention or the motivation behind an act is often what separates criminal and non criminal situations. However, according to the ruling that intention isn’t required for a stalking conviction.

Generally, unless a restraining order is in place or this is a second offense, stalking is a 4^th degree offense. This carries a penalty of 18 months in prison. If, however, it is in violation of a restraining order or it isn’t the first conviction, the offense has a potential to carry up to 5 years behind bars.

There are numerous approaches that your attorney can take to defend you against stalking charges. If you are facing charges like these or charges of harassment, contact me today. I can give you some free legal advice and we can discuss your case.

New police technology in New Jersey is being used to aggressively scan and track citizens, searching for criminal and civil violations. [Read more…] about Deptford NJ Police Department Deploys New License Plate Scanners