Criminal Defense Lawyer NJ - The Rubinstein Law Firm, LLC
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Is It Possible To Issue A Sketch Based On DNA Only?

2/24/2015

 
Here is a story that makes you sit back and think about how far we have come. In Columbia, South Carolina, the police are trying to solve a four year old murder. A woman and her daughter were killed with no witnesses and no security cameras capturing what happened. But that didn't stop the police from pursuing the matter. Last month, the police issued a sketch of a possible suspect based on computer generation from the DNA found at the scene. This computer generation, called DNA phenotyping, is able to determine the physical characteristics of the suspect from the DNA left behind.

As you might imagine, this type of approach has raised concerns about its accuracy in recreating facial images. Will this lead to racial profiling as most things do? In the past, DNA found at a scene would be matched to a government database and the person arrested and charged. This new approach is different because there is no match and we are instead, trying to determine the physical traits from the genetic material left behind.

Read more here

Controversial Technique For DUI Checkpoint

2/23/2015

 
A Florida lawyer claims to have a new way to help clients bypass DUI checkpoints in order to avoid arrest for driving under the influence. The attorney claims that the method is for innocent people to protect themselves from a bad DUI arrest. While the intent to help is there, the technique is a bit flawed, especially since it won't work in NJ. The attorney advised his Florida and New York clients to hold up a flier when he is stopped by police at a checkpoint and keep the window rolled up. He also advises the client to show the driver's license, insurance and registration through the window and not speak. Law enforcement officials do not like the practice for several reasons, but the most important one being that it is against the law based on a U.S. Supreme Court case in 1990 that upheld the use of random DUI checkpoints. At that time, the court stated that the checkpoint does not violate the constitutional protections against unreasonable search and seizure. 

If you want to read the full article, click here.

PLEASE NOTE THAT WE DO NOT RECOMMEND ANYONE IN NEW JERSEY USE THIS TECHNIQUE.

NJ MAn Claims To Be Fake Twin to Get Out Of Tickets

2/16/2015

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As a criminal defense attorney, I have heard a lot of lies over the years from clients trying to get out of charges against them. This is a new one though. A man in New Jersey received tickets from the police when he was pulled over. He appeared for court and pretended to be his fake twin brother. The court rescheduled the hearing, but the officer was suspicious. Later that day, the officer saw the man driving and issued him three more tickets. The "twin" appeared again in court and said his brother was in Nigeria for his father's death. In the end, the man was caught and is now charged with hindering apprehension, false swearing and resisting arrest in addition to the original tickets he received. Not the best idea this man ever had!

Read More here
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Teen Faces Murder Charge After Posing With Body And Posting Online

2/11/2015

 
Typically, I'm not in the business of helping someone murder another person. I find it wrong, as one should. However, if you are going to murder someone for whatever reason, try to avoid posting information about it online.

A 16 year old boy from Pennsylvania found himself in a situation where he killed a classmate. He decided it would be great to take a photo with the dead body. If that was not a bad enough decision, he then decided to post it on a social media site called Snapchat for all to see. He is now charged with first degree murder after police saw the photo of the boy at the murder scene with the body. Turns out the boy also sent a few texts concerning his accomplishment of the day. 

Read article here

Proposed Law Puts INterlock Device In 1st Time Offender's Car

2/6/2015

 
As New Jersey law stands now, interlock devices are typically required for repeat DUI offenders. This means that if you have just entered a guilty plea for a first time DUI, you will not need to install the interlock device on your car unless your BAC level was .15% or more. The proposed bill, #2427 attempts to change that and make an interlock device required for all first time offenders. What do you get in return? Well, the other penalties that go along with a first time offense are reduced. For example, if you are convicted of a DUI now, you can lose your license for 3 months to a year. Under the new proposed bill, you would only lose your license for, say 10 days, but you would have to install an interlock device in your car or the primary car you use. What if you primarily use mom's car? How are you going to explain that one?

As with anything, there are pros and cons with every proposed bill. We will see where this one goes.

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The Rubinstein Law Firm, LLC - New Jersey Criminal Defense Lawyer
1675 Whitehorse Mercerville Road, Suite 206, Hamilton, NJ 08619
Phone: 609-392-7600
Fax: 609-964-1785                                            
Website:  www.defendmeinnj.com
                www.njpa-law.com 
                www.injuredinnjaccident.com 
         

Who we are

Lawyers:
Kristy L. Bruce, Esq.
Robert W. Rubinstein, Esq.

Our services

Criminal Defense
DUI
Municipal Violation Defense
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Juvenile Delinquency
DMV Hearings

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