• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-965-3350
  • The Firm
    • Why Choose Villani & DeLuca
    • Client Testimonials
    • Our Attorneys
      • Carmine Villani, Esq.
      • Vincent DeLuca, Esq.
      • Gina Ravaschiere, Esq.
      • Timothy Horn, Esq.
      • Michael Ayres, Esq.
      • Benjamin M. Hoffman, Esq.
      • Robert H. Johnson, Esq.
    • Press Room
  • Family Law
    • Divorce
    • Alimony
    • Child Custody
    • Child Support
    • Collaborative Divorce
    • Divorce Mediation
    • Gay Marriage
    • Qualifications
    • Download Free Divorce eBook
    • FAQ’s
    • Glossary
  • Criminal Defense
    • Criminal Charges
    • Conditional Discharge
    • Pretrial Intervention
    • Expunging a Charge
    • Juvenile Charges
    • School Employee Disqualification
    • Qualifications
    • Statutes
    • FAQ’s
    • Glossary
  • Personal Injury
    • Slip and Falls
    • Workers’ Compensation
    • Dog Bites
    • Radiology Malpractice
    • Swimming Pool Injuries
    • Car Accidents
    • Amusement Park Injuries
    • Prescription Drug Recalls
    • Prescription Drug Errors
    • Jet Ski Accidents
    • Boat Accidents
    • Bus Accidents
    • Truck Accidents
    • Construction Accidents
    • Product Liability Injuries
  • DWI Law
    • Alcotest® Certification
    • DWI Penalties
    • DWI Refusal
    • DUI of Drugs
    • Refusal Penalties
    • Qualifications
    • Motor Vehicle Statutes
    • FAQ’s
    • Glossary
  • Other Areas of Practice
    • Bankruptcy
      • Filing for Bankruptcy in NJ
      • Chapter 7
      • Chapter 13
      • Effects of a Bankruptcy Filing
    • Liquor License Attorney
      • Obtaining Retail Liquor License
      • Buying a Retail Liquor License
      • Liquor Manufacturing Licenses
      • Understanding Wholesale Liquor Licenses
  • Legal Resources
    • Divorce
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • Bankruptcy
    • ABC
  • Contact

Defense Lawyers in New Jersey Protect Your Privacy Rights

October 31, 2014 by Carmine Villani

NJ Attorney General’s Office Seeks to Obtain Phone Records Without Warrant

New Jersey Assistant Attorney General Ronald Susswein is challenging a 32-year-old ruling by the NJ State Supreme Court. The original ruling (State v. Hunt) requires prosecutors to obtain a warrant in order to get access to a defendant’s phone records. Now, the Attorney General’s office is looking to change the way phone records are obtained in an ongoing Monmouth County case (State v. Lunsford) in order to make it easier for the prosecution to use these phone records as evidence.
Currently, if you are arrested and charged with a crime, the prosecuting lawyers in New Jersey may not access these records without a warrant, which helps to protect defendants during criminal proceedings. A ruling in State v. Lunsford could remove some of these protections, making people charged with crime in NJ more vulnerable.
If the rules change and prosecutors are able to use phone records (and possibly even cell phone data) without a warrant, it will be more important than ever for defendants to have quality legal representation. Considering this potential privacy threat, hiring knowledgeable criminal defense lawyers in New Jersey could be the only way to protect your private communications. Don’t let the state take advantage of you; know your rights. Currently, the prosecution cannot use your phone records in court without first obtaining a warrant and establishing probable cause.
In accordance with this mindset, in the case of Riley v. California, the U.S. Supreme Court ruled that a warrant is generally needed to search the digital content of a cell phone in the event of an arrest. This opinion by the U.S. Supreme Court seems to back up the New Jersey Supreme Court decision that protects the private phone records of defendants.

State v. Lunsford

The current case, State v. Lunsford, is a drug crime case. The outcome of this case could reduce the amount of privacy defendants have in New Jersey. The defendant’s lawyers in New Jersey are attempting to fight a subpoena for his Verizon cellphone records (a grand jury subpoena is used to obtain phone records during a criminal investigation).

How It Could Affect You

If you are pulled over in your vehicle for suspicion of a crime or arrested in connection with a crime in NJ, a warrant is needed to obtain your personal phone records and cell phone data. However, the office of the New Jersey Attorney General is attempting to restrict these rights. A ruling in favor of the prosecution could mean that law enforcement and prosecutors would have the ability to view your personal records without obtaining a warrant.

Contact a Criminal Defense Lawyer in NJ

If you are currently being charged for a criminal offense in New Jersey, contact a criminal defense attorney from Villani & DeLuca to help protect your rights during the investigation and trial process. Our lawyers in NJ are highly skilled in the area of criminal law and protecting your privacy. We are available 24/7 for a free consultation. Call us today at 888-389-9533.

Categories: NJ Criminal Defense Blog Tags: criminal defense attorney, defense lawyer in nj, deluca, nj attorney, nj attorney general, supreme court, villani

Primary Sidebar

Free Consultation

Recent Posts

  • Did You Refuse To Leave A Bar At The Jersey Shore?
  • NJ Has The Lowest Divorce Rate In The US
  • Brick Township, NJ Divorce Lawyers
  • Domestic Violence Charges in Brick Township, NJ
  • Does New Jersey Need More Strict DWI Laws?

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Bankruptcy Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-965-3350

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-481-1325

info@villanideluca.com

Get Directions

Brick Office

Office

186 Mantoloking Rd #1

Brick, NJ 08723

Phone: 732-965-3345

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-965-3350

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2019 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap