Steven J. Richardson | March 8, 2010
The Miranda warning has become a familiar concept by anyone who has watched television over the past 40 years. “You have the right to remain silent . . . “ Once you become a suspect, the police must give you this warning before continuing with questioning. If you ask for a lawyer, they must stop [...]
Category: Criminal |
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Tags: Miranda, waiver of Miranda rights
Steven J. Richardson | December 14, 2009
Every once in a while, the law has a very good sense of irony, and a ruling recently by the New Jersey Appellate Division is certainly a good example. New Jersey’s Prevention of Domestic Violence Act creates a separate cause of action for assault when it occurs between two people in a “dating relationship.” For [...]
Category: Criminal, General Legal |
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Tags: dating relationship, domestic violence
Steven J. Richardson | December 8, 2009
One of the basic freedoms and civil rights we enjoy is the right to privacy in our own homes. Law enforcement must have some probable cause, or exigent (i.e. emergency) circumstances to enter a citizen’s home without a warrant. There is a whole body of court opinions in our jurisprudence that talk about what those [...]
Category: Criminal |
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Tags: probable cause, warrantless search
Steven J. Richardson | November 24, 2009
We have all seen it on the TV police dramas. The police say to the suspect: “If you didn’t do anything, why did you run?” Well, despite the world of prime time crime drama, running is not enough for the police to stop you and search you. Yesterday, the New Jersey Appellate Division ruled in [...]
Category: Criminal |
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Tags: reasonable suspicion, search and seizure
Steven J. Richardson | August 18, 2009
Children get into trouble; it is often the way of the world. If they get into trouble with their parents, that is one thing. But what happens when the get into trouble in a BIG way, like getting arrested? How do parents deal with this and protect their children’s rights? Fortunately, the law does allow [...]
Category: Criminal |
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Tags: juveniles, waiver of Miranda rights