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Is the NJ Attorney General's moratorium on marijuana prosecutions a "move toward decriminalization?" Probably not.

By Andrew Olesnycky Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Law, New Jersey, Marijuana, Prosecution, Attorney General on Wednesday, July 25, 2018

When New Jersey Attorney General Gurbir Grewal issued a memorandum yesterday ordering local prosecutors to temporarily halt marijuana prosecutions in municipal courts until September, news outlets, including the New York Times, called it a possible "step toward decriminalization." Amol Sinha, American Civil Liberties Union of New Jersey executive director, praised the move, stating that "[b]y directing prosecutors to pause adjudication of marijuana cases, this letter starts that [decriminalization] process." Marijuana trade magazines were even more effusive. 

Tags: Criminal Law, New Jersey, Marijuana, Prosecution, Attorney General

New Jersey Supreme Court curtails criminal harassment statute in State v. Burkert, limiting a common vehicle for domestic violence charges

By Andrew Olesnycky Esq., NJ & NY Criminal Defense Lawyer posted in Domestic Violence, 1st Amendment, Criminal Law, Constitutional Law, New Jersey, Charges, Harassment, Family Law on Friday, February 2, 2018

New Jersey’s criminal harassment statute has long occupied the space in which the messiest family law disputes cross over into the realm of criminal law. Although there are indeed many legitimate cases of harassment that deserve punishment, in recent years New Jersey appellate courts increasingly had noted that the harassment statute too often criminalized “ordinary domestic contretemps” – i.e. the non-violent verbal sparring that accompanies the disintegration of a marriage or romantic relationship. In the view of the courts (and many frustrated family law and criminal attorneys), New Jersey’s harassment statute was too permissive in allowing an angry spouse or romantic partner to file criminal or civil domestic violence charges after being subjected to hurtful or vile insults, even where there had been no actual violence or threat of harm. 

Tags: Domestic Violence, 1st Amendment, Criminal Law, Constitutional Law, New Jersey, Charges, Harassment, Family Law

Under assault from criminal defense bar and gun rights groups, NJ Attorney General halts enforcement of unconstitutional stun gun laws

By Andrew Olesnycky Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Law, Stun guns, Second Amendment, Self-defense, Constitutional Law, New Jersey on Wednesday, October 25, 2017

Facing legal challenges from both gun rights advocates as well as the criminal defense bar, New Jersey Attorney General Christopher Porrino on October 20, 2017 issued a memorandum to prosecutors and police departments halting the enforcement of criminal laws that prohibit the possession, manufacture, and shipment of “electronic arms” such as stun guns and Tasers. The legal challenges to New Jersey’s stun gun laws were triggered by a 2016 decision of the Supreme Court of the United States, Caetano v. Massachusetts, in which the Court applied the Second Amendment to strike down a Massachusetts law that prohibited the mere possession of stun guns, even if possessed for self-defense.

Tags: Criminal Law, Stun guns, Second Amendment, Self-defense, Constitutional Law, New Jersey

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