Drunk driving in NJ – what warrant?

Drunk driving in NJ – What warrant?  NJ Supreme court carves out good faith exceptions for police officers obtaining blood samples in a DWI case.  Most people can recite the truism that “ignorance of the law is no excuse.”  Apparently, that rule can be forgiven if you’re a police officer acting in good faith.  Let’s […]

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New Jersey’s Gestational Carriers Act is back on the table.

Traditional surrogacy contracts are invalid in New Jersey.  That principle was elaborated decades ago in in the New Jersey Supreme Court’s decision, In re Baby M, 109 N.J. 396 (1988) that found invalid a contract between the Sterns and the surrogate, Mary Beth Whitehead.  I revisited this case, which I distinctly remember dissecting in law school […]

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Domestic Violence in New Jersey

Victims of harassment, abuse, assault or other forms of domestic violence can find protection in New Jersey under the Prevention of Domestic Violence Act (N.J.S.A 2C:25-17), which establishes procedures to obtain final restraining orders against abusers.  To obtain such an order, one can file a summons and complaint in either municipal or superior court, where […]

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Prosecuting Juveniles

Juveniles under the age of 18, who commit offenses that would otherwise be deemed criminal, if they had been committed by an adult, are subject to the provisions of New Jersey’s Code of Juvenile Justice, found in N.J.S 2A:4A 20 – 92. What happens if the juvenile in question is not mentally competent to stand […]

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