File Sharing: What it is and why it can lead to criminal charges related to Child PornographyFederal & State law prohibits the possession of child pornography. In addition, the laws absolutely prohibit the distribution of any pictures. Current file sharing programs that allow the use of remote connected computers to act as pier-to-pier networks which…
Effective September 1, 2011 New Jersey has instituted a ‘voluntary’ prescription monitoring program (PMP) for all licensed medical providers who are empowered with the ability to prescribe CDS and Human Growth Hormone dispensed on an out-patient basis. The intent of the program is to monitor those individuals who are attempting to obtain prescription medications through…
In the last ten years New jersey lawyers have been soliciting citizens who have beenissued traffic tickets though computer access to the NJ court system records.This week several local representatives have prepared a bill that would criminalizeany such solicitation.The legislative intent reflects that that public has come to dislike the intrusionto private lives the solicitation…
State v. Privott, 203 N.J. 16 (2010) In this case, the Supreme Court of New Jersey made three essential holdings. The Court ruled that: 1) the police officer had specific and particularized reasons for conducting an investigatory stop of the defendant, 2) the totality of the circumstances justified the officer’s decision to frisk the defendant,…
A licensed health care provider has a fundamental vested right to her license; therefore, efforts to deprive her of that license require the licensing authority to prove its case by clear and convincing evidence. (Ettinger v. Board of Medical Quality Assurance (1982) 135 Cal. App. 3d 853, 856.) The Ettinger court clearly explained why it…
In 1995, NJ Legislation (Chapter 334) attempted to increase the collection of unpaid child support by requiring plaintiffs or their attorneys in all civil lawsuit actions to do one of the following: File a certificate with the Probation Department identifying the plaintiff, requiring that staff in the Probation Department search that name in the ACSES…
Background: In a criminal sexual assault case, Defense Counsel attempted to introduce sexually explicit instant message (IM) conversations between a girl who was a minor and several adult males who were not charges with any offense or were related to the criminal case in any manner. Defense Counsel intention was to prove that the alleged…
Facts: On February 4, 2004, Sebastian Fernandez was critically injured in a car accident when the automobile he was driving was struck by a commercial vehicle. After winning an award at arbitration, Mr. Fernandez instituted an action for a declaratory judgment regarding his entitlement to the funds. Both he and Nationwide, his insurer, filed motions…
In the recent case of State vs. P.A.C. New Jersey courts have explicitly held that “engag[ing] in three or more drug sales does not in and of itself make [one’s] conduct a ‘repetitive criminal activity.’” State v. P.A.C., ___N.J. Super. ___ (App. Div. 2011) and as a result the prosecutor’s denial of Defendant’s PTI application…
Koch was convicted in Municipal Court of underage consumption of alcohol on private property. The judge imposed a $250 fine, and $33 court costs. At a trial de novo in the Law Division, the court found Koch guilty of the same charge and imposed the same sanctions. The appellate panel reverses, concluding that the Law…