Criminal Defense Lawyer NJ - The Rubinstein Law Firm, LLC
  • Home
  • Lawyers
    • Robert W. Rubinstein, Esquire
    • Kristy L. Bruce, Esquire
  • Crimes
    • Penalties/Jail Time
    • Burglary
    • Robbery
    • Theft
    • Drugs
    • Gun and Weapon Possession
    • Aggravated Assault
    • Shoplifting
    • Forgery
    • Cyber-Harassment
    • Stalking
    • Contempt
    • Arson
    • Criminal Attempt
  • DUI
    • First DUI Offense
    • Second DUI Offense
    • Third DUI Offense
    • Refusal Charge
    • Ignition Interlock Providers
    • Underage DUI Offense
    • What is IDRC
  • Municipal Court
    • Penalties/Jail Time
    • Driving While Suspended
    • CDS in Motor Vehicle
    • Drug Possession
    • Shoplifting ($200 or less)
    • Simple Assault
    • Criminal Mischief
    • Harassment
    • Leaving the Scene/Failure to Report
    • Lewdness
    • Domestic Violence
    • Traffic Tickets
    • Disorderly Persons/Petty Disorderly Persons
    • Conditional Dismissal Program
    • Conditional Discharge Program
  • Juvenile
    • FAQ
    • Juvenile Justice Process
  • Expungement
    • Eligibility
    • Arrest and Dismissal
    • PTI or Conditional Discharge
    • Ordinance
    • DP/PDP Offense
    • Crimes/Felony
    • Clean Slate Law
    • Excluded Offenses
  • Motor Vehicle Hearing
  • FAQ
    • What To Expect In Municipal Court
    • How do NJ Drug Courts Work?
    • I received a Traffic Ticket. Now What?
    • Talking to Police
    • Miranda Warnings
    • What is Pre-Trial Intervention (PTI)? >
      • PTI Standard Conditions in NJ
    • When DNA Is Required
  • Blog
  • Contact Us

Geologist who Failed to Warn of Earthquake Acquitted of MurderĀ 

11/11/2014

0 Comments

 
Here is a case with one of the oddest fact patterns that caused murder charges against a group of geologists. In Italy, six geologists were charged with murder for failing to warn the town of an impending earthquake. Days before the earthquake, the scientists were accused of downplaying the likelihood of a major earthquake even though there was increased seismic activity reported in the area. As a result of the earthquake, 309 people died. In 2012, the geologists were convicted and sentenced to six years in jail and damages totaling over $10 million. This week, an appeals court acquitted the men and overturned the 2012 decision. 


0 Comments

Cell Phone Privacy - Court Rules Suspect Must Use Finger To Unlock Phone

11/7/2014

0 Comments

 
Last year, when Apple released a cell phone allowing one to unlock the phone with a finger print, a debate began as to whether or not the police were going to be able to use this to force a suspect to turn over the information contained on the phone. The problem lies in the fact that a fingerprint alone can unlock the phone. The U.S. Supreme Court had previously ruled that police are required to obtain a warrant before accessing the information on a cell phone. The idea behind this is that personal and private information is contained on phone, especially smart phones, and this should be no different than if the police wanted to look inside your house. They would need a warrant. 

The problem for police is that most people now use a password on their phone, which means that they may be able to get a hold of the phone through a warrant, but now they can't unlock it and see the pot of gold. In comes Apple with new technology that allows one to unlock the phone with a fingerprint, which does not hold the same protection rights. We leave fingerprints everywhere.

While New Jersey has not ruled on the issue of whether or not one must unlock a fingerprint phone, a Virginia state court has. The Virginia court last week ruled that  
IF the suspect's phone has a "touch-to-unlock" feature, suspects must use their finger or thumb to unlock the device, BUT they can NOT be compelled to turn over the passcode.
The good news is that only a few models allow for the finger touch unlock. However, a huge portion of the population rush out to buy new phones as they are released, which means that more and more people continue to have this problem of security from police investigations.

You might ask, what is one to do than if in a situation where the police have a warrant for your phone and it is fingerprint protected? Well, if it is an Apple phone, if you turn off the phone completely, when the phone is turned back on, you MUST use the passcode to unlock the phone before you can start using the fingerprint again. Essentially, it would go like this: 

-police are knocking with a warrant for the phone and you power down the phone. Police get the phone, but can't use it against you.

For now, this remains one ruling by a state court in Virginia. But, expect to see this issue continue to evolve and more cases presented until our U.S. Supreme court makes an ultimate ruling.
0 Comments

90 Days in Rehab Plus 90 Days Jail Doesn't Satisfy 180 Minimum Jail term

11/5/2014

0 Comments

 
In State v. French, the defendant entered into a plea agreement where he would plead guilty to driving while his license was suspended after multiple DUI convictions. He also pled guilty to a DUI. He had nine drunk driving convictions, six of which were in New Jersey. The State agreed to recommend concurrent sentencing with 180 days of jail and no probation. The judge sentenced defendant to 180 days jail, but ordered that he could serve the final 90 days in an inpatient drug rehab program. The State appealed the sentence arguing that the 90 days jail followed by 90 days rehab is an illegal sentence. The Appellate court concluded that the sentence was illegal because no discretion exists in the statute to replace half of the mandatory jail sentence with rehab. Additionally, the statute does not authorize a judge to sentence someone to an inpatient rehab. Therefore, the defendant will be re-sentenced.

0 Comments

NJ Appellate Court Denies Expungement of Multiple Crimes

11/5/2014

0 Comments

 
In 1999, Defendant pleaded guilty to one count of conspiracy and three counts of making gifts to public servants. This plea stemmed from events happening on two separate days. However, both matters were resolved in court on the same date. After waiting 10 years to apply for an expungement, Defendant applied to have multiple crimes expunged since they were resolved on the same date. The trial level court granted the petition for expungment because the crimes were "so closely tied together" as to allow for the relief sought. However, the State appealed the decision, stating that defendant was not eligible since his crimes occurred on two separate dates and he was not convicted of several felonies. The State argued that in order to be eligible to expunge a crime, you can not be convicted of a crime before or after the crime you wish to expunge. The Appellate Court agreed with the State and order for expungment was reversed.

-In The Matter of the Expungement of The Criminal Records of G.P.B.
A-1359-13T1


0 Comments

DNA From Toilet Leads Police to suspect

11/4/2014

0 Comments

 
We hear constantly how science continues to advance it uses for DNA. This may be one of the more disgusting DNA samples that a tech has taken. Police in Albuquerque, New Mexico were able to identify a burglar by using the DNA he left in a toilet. Police said the 33 year old man broke into a home, took a Coke from the refrigerator, drank it and used the bathroom while burglarizing a home. The problem was the man didn't flush the toilet! Investigators on scene noticed the Coke container and the unflushed toilet and matched the samples. The DNA matched, leading police to the arrest. 
0 Comments

    Archives

    March 2021
    November 2020
    March 2020
    September 2019
    June 2019
    May 2019
    April 2019
    April 2018
    September 2017
    August 2017
    July 2017
    June 2017
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014

    Categories

    All
    Alibi For Crime
    Anonymous Tip To Police
    Arrested For Drugs
    Arrest Of Child
    Atlantic City Bans Guns
    Bail For Non-violent Offenders
    Bail For Violent Offenders
    Bail In New Jersey
    Bail Reform In NJ
    Bizarre Criminal News
    Breathalyzer Device For Phone
    Burglary
    CDS Charge
    Cell Phone Breathalyzer
    Cell Phone Search
    Child Endangerment
    Child Rapist
    Civil Rights Violation
    College Rape
    Conditional Dismissal Program
    Correction Officer
    Court Hearing
    Criminal Defense Lawyer
    Criminal Defense Movies
    Criminal Defenses At Trial
    Criminal Law
    Cumberland County
    Do Pocket Breath Tests Work For Dui's
    Drug Charge
    DUI Crashes Car
    DUI In New Jersey
    Felony Murder
    Fines For Texting In NJ
    Fingerprints From Bottle
    Inmate Emails
    Jail Term
    Jail Time For Texts
    Jury Duty
    Marijuana Possession
    Murder Charge
    Murder Charge In NJ
    New Jersey Municipal Court
    Police
    Police Vest Cameras
    Police Video
    Pot Crop In Vegas
    Pot Grower Caught
    Pot Possession
    Prison Communication Not Privileged
    Prison Term
    Rape
    Rap Lyrics As Evidence In Criminal Trial
    Reasonable Suspicion
    Rikers Island
    Robber Caught After Shower
    Robbery
    Sent To Jail For Stealing
    Sleeping Burglar Caught
    Stealing
    Stolen Car
    Stolen Property
    Stolen Snake
    Stop And Search
    Terry Stop
    Texting While Driving
    Trespassing Charge
    Underage Drinking
    Warrant

    RSS Feed

Picture

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
Expungement
Juvenile Delinquency
DMV Hearings

Courts

Mercer County
Burlington County
Middlesex County
Hamilton Township
Trenton
Ewing Township
Lawrence Township
Pennington
East Windsor
West Windsor
Hopewell
Princeton
Hightstown
Robbinsville
Plainsboro
Cranbury
East Brunswick
South Brunswick
Moorestown
Mt. Laurel
Willingboro
Mt. Holly
Florence
Pemberton
Burlington
Bordentown
Sayreville