New Jersey Criminal Defense Law Blog

With five offices throughout New Jersey, the Law Offices of John F. Marshall provides statewide client service for clients facing charges related to drugs, theft, assault, fraud or domestic violence. We also handle traffic offenses and driver’s license problems. The firm’s founding attorney is a former prosecutor in New Jersey and has been defending individuals charged with criminal and motor vehicle offenses for 15 years. All of the attorneys at the firm are experienced and well versed in criminal defense. We handle matters in all courts within the boundaries of New Jersey including all Superior Courts and Municipal Courts.

Recent Criminal Law Articles

  • The Constitutionality of Roadblocks in DWI Cases

    We are frequently asked about the constitutionality (legality) of roadblocks which result in DWI charges in New Jersey. The constitutionality of police roadblocks was addressed in the 1979 United States Supreme Court case of Delaware v. Prouse, 440 U.S. 648 (1979). In Prouse, the Supreme Court held that it was unconstitutional to stop and detain a driver absent articulable suspicion that a Continue Reading...

    Fourth Amendment Rights and Warrantless Searches

    For a 4th Amendment violation to occur, there must be government conduct. This usually occurs through police actions. Also, some items are so public in nature that they do not carry a reasonable expectation of privacy. Generally, garbage, bank accounts, and odors emanating from your luggage are public in nature and do not implicate 4th amendment protection. If the person has a reasonable Continue Reading...

    The Exclusionary Rule and the “Fruit of the Poisonous Tree” Doctrine

    The “Fruit of the Poisonous Tree Doctrine” is a famous evidentiary legal doctrine that has been publicized on television and in the movies. This doctrine is based upon “The Exclusionary Rule”, an important evidence doctrine that requires that the victim of an illegal search or a coerced confession can have the product of the illegality excluded from criminal prosecution. This exclusionary rule has Continue Reading...

    Miranda Rights of Criminal Defendants

    The right to remain silent and the right to counsel are implied rights grounded in the self-incrimination clause of the 5th amendment. The landmark case of Miranda v. Arizona was decided by the United States Supreme Court in 1966 which held that statements obtained from defendants during incommunicado interrogation in police-dominated atmosphere, without full warning of constitutional rights, were Continue Reading...

    The Famous Insanity Defense

    The insanity defense is a favorite on television and in the movies in attempting to relieve criminal defendants of punishment for their acts. The test in the majority of States is known as the M’Naghten test: the standard is whether at the time of the conduct in question the defendant lacked the ability to know the wrongfulness of his actions or understand the nature and consequences of his acts; Continue Reading...