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Your Fourteenth Amendment Rights: Right to Due Process

Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.

The Fourteenth Amendment of the United States Constitution contains a Due Process Clause. The Due Process clause protects certain rights of people who have been charged with a crime, but who have not yet been convicted of a crime from police brutality and the use of excessive force by police while in custody.

Law enforcement and correction officers may not use unreasonable force that amounts to punishment on pre-trial detainees (people who are awaiting trial while in prison, or otherwise being detained by police.)

Equal Protection for All

The Fourteenth Amendment also contains an Equal Protection Clause. This clause requires all states to provide equal protection under the law to all people within its jurisdiction.

The Fourteenth Amendment reads:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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New Jersey Criminal Defense Lawyers

Drinking on St. Patty’s Day? Don’t Get a DUI.

Every year, it seems like the annual St. Patrick’s Day party gets bigger, more fun, and wilder. Millions of Americans enjoy celebrating Irish heritage, Catholic traditions, and green beer each March. It can be a lot of fun, but sometimes those emerald lagers can turn into clover-shaped, beer-tinted glasses that prevent you from driving safely. […]

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Can Police Officers Call the Dogs During a Traffic Stop?

In some circumstances, police officers may be able to summon police dogs to a traffic stop. The reasonable and articulable suspicion that the officers possesses at the time will be the deciding factor. Police officers are permitted to conduct a traffic stop based upon reasonable and articulable suspicion. They are further permitted to issue tickets […]

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Pre-Trial Intervention on a New Jersey Handgun Charge

The attorneys at our firm have obtained admission into the Pre-Trial Intervention program for individuals who have been charged with illegal possession of a handgun under the Graves Act. Under N.J.S.A.  2C: 43-6.2 “Exception to Mandatory Minimum Sentence”, the Attorney General Directive to Ensure Uniform Enforcement of the Graves Act (corrected version as of 11/25/08) […]

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Clark, Clark & Noonan, LLC.
732-303-7857