Wednesday, May 30, 2012

Law Enforcement and Wiretapping in NJ

In State v. Ates, the NJ Court upheld, as legal, wiretapping by the Bergen County Prosecutor's Office of defendant's cell phone calls. The defendant was convicted of murder after his former son-in-law, Paul Duncsak, was shot 7 times at home in Ramsey, NJ. The wiretap was authorized by Passaic County Superior Court Judge Marilyn Clark and took place for a 2 month period of time. Hundreds of calls were recorded, including calls between Ates and his attorney which were protected by the attorney-client privilege. The defense sought to suppress the information obtained from the wiretap but, in spite of the defendant's assertions of prosecutorial misconduct, the Court held that only wiretaps following the first call between Ates and his attorney needed to be suppressed. If you are accused of a crime, taking the wrong actions may result in disastrous negative consequences to you, your family and your life. In the event you are the subject of a criminal investigation, you should speak with an experienced criminal defense attorney immediately to insure your rights are protected. For more information on New Jersey criminal law matters visit HeatherDarlingLawyer.com.

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