Currently Browsing:Criminal Defense

N.J.S.A. 2C:1-6 Time limitations.

2C:1-6.  Time Limitations. a. (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time. (2)   A prosecution for any offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section

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N.J.S.A. 2C:1-5- Abolition of common law crimes; all offenses defined by statute; application of general provisions of the code; limitation of local government laws

Today’s statute is N.J.S.A. 2c:1-5.  This statute abolishes common law crimes in New Jersey and makes any criminal offense one defined by statute.  This is an important statute as courts have long held ignorance of the law to not be a defense for breaking the law.  When common law crimes could be charged a person

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United States Supreme Court Rules Police Need Warrant to Track Cellphone Location

Today the Supreme Court of the United States (SCOTUS) ruled that in most instances the police will need a search warrant to acquire a person’s cellphone location information.  This important ruling protects the Fourth Amendment rights of all citizens of the United States from improper government surveillance.  Today’s decision also follows a trend of SCOTUS

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N.J.S.A. 2C:1-1-N.J.S.A. 2C:1-4

The Herron Law Firm, LLC believes it is important that our clients are able to see the exact law related to their case.  That’s why each Saturday we post a section of statutes from New Jersey.  This new feature will begin with Title 2C, the Criminal Code, for the State of New Jersey.  The text

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Is My Criminal Charge a Felony or Misdemeanor?

In New Jersey the terms felony and misdemeanor will not be found on a criminal complaint.  New Jersey uses different terms for these offenses.  In New Jersey a felony is called an Indictable Offense or Crime.  There are four degrees of indictable offenses, 1-4, and they are tried by the County Prosecutor’s Office in the

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What is the Statute of Limitation for Criminal Charges in New Jersey?

In criminal cases the statute of limitations (SOL)  is the time period the prosecutor has to charge you with a crime.   The criminal statute of limitations is intended to preserve the integrity of evidence, including witness testimony, and to ensure that criminal cases are resolved in a timely manner. When Does the Statute of Limitations

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What is a Municipal Ordinance Violation?

In New Jersey there are currently 566 municipalities.  They are formed as either buroughs, townships, cities, villages, or towns.  Under the laws of the State of New Jersey each is allowed to create local laws and regulations, called ordinances.  Ordinance violations of a town’s specific local code might include charges of disturbing the peace, excessive noise,

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Six Important Steps for Starting Your Criminal Defense

Being charged with any criminal offense, from a traffic ticket, Disorderly Person Offense (misdemeanor), to a Crime (felony), can be stressful. Often times people are unsure how to begin preparing their defense. This guide will give you the important information to begin preparing your defense. Follow this guide to get the best possible result. Keep

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