Uncategorized

May 12, 2019

The Five Year Time Bar on Post-Conviction Relief

New Jersey Court Rule 3:22-1 provides that any person convicted of a crime may file a petition for post-conviction relief within five years. If one files beyond that time frame, the rules allow for a relaxation of that five year time bar if the petitioner can demonstrate “excusable neglect” under N.J.R. 3:22-12. In considering the relaxation of the five year time limit, Rule 3:22-12(a)recognizes:

The difficulties associated with a fair and accurate reassessment of the critical events, years after their occurrence.
The need for achieving finality of judgments to allay the uncertainty associated with the unlimited possibility of re-litigation, thus strongly encouraging those believing that they have grounds for post-conviction relief to bring their claims swiftly, and discourages them from sitting on their rights until it is too late for a Court to render Justice.

State v. Mitchell 126 N.J. 565, 575 (1992)

January 23, 2016

Amnesty for Cooperation: The U-Visa Program

by Michael Pastacaldi

Recently, congress passed a law creating the “U-Visa” program which provides legal status to illegal immigrants who are victims of crimes such as sexual assault or domestic violence and other serious crimes. The purpose is to provide police with an added tool to protect victims and encourage witnesses who are residing here illegally to cooperate the police. Given the rise of illegal immigrants to the United States, the U-Visa program is great program to help those least likely to help themselves due to their legal status.

December 12, 2015

Gun Control: The Stark Reality for NY and NJ Residents

by Michael Pastacaldi

On December 9, 2015, Tatiana Duva-Rodriguez, who is licensed to carry a concealed weapon, discharged her sidearm at a shoplifters’ getaway car at a Home Depot parking lot in Detroit, Michigan. She saw a store security guard chasing a suspect who was pushing a cart filled with merchandise who then entered a getaway car and began to speed off. Duva-Rodriguez then fired her weapon at the car’s wheel thereby impeding the suspects escape. Duva-Rodriguez later pled no-contest to reckless discharge of firearm and received a probationary sentence mandating that her license to carry to a concealed weapon be revoked.