Pasta Law

Pasta Law Law Office of Michael Pastacaldi, LLC The firm iis a multi-service law firm located in Jersey City, New Jersey.

In a 6-1 ruling, the Kansas Supreme Court ruled that criminalizing the refusal of the blood-alcohol test during a traffi...
03/06/2016

In a 6-1 ruling, the Kansas Supreme Court ruled that criminalizing the refusal of the blood-alcohol test during a traffic stop is unconstitutional. The court found that it violates the 4th Amendment to the United States Constitution prohibiting unreasonable search and seizures by the police during these traffic stops. The Court found that a person has a constitutional right to refuse such searches and not be held criminally liable for refusing the breathalyzer test. [ 460 more words. ]

http://www.pastalaw.com/2016/03/kansas-high-court-deems-dui-refusal-law-unconstitutional/

In a 6-1 ruling, the Kansas Supreme Court ruled that criminalizing the refusal of the blood-alcohol test during a traffic stop is unconstitutional. The court found that it violates the 4th ...

Benjamin Franklin wrote, “Those who give up their liberty for more security neither deserve liberty nor security.” That ...
02/28/2016

Benjamin Franklin wrote, “Those who give up their liberty for more security neither deserve liberty nor security.” That statement strikes at the heart of the recent dispute between Apple and the FBI over iphone access in a criminal investigation. In that dispute, the FBI wants Apple’s help to hack into an iphone used by one of the San Bernardino shooters. In the past, Apple has helped the FBI in criminal investigations in bypassing a built-in security system on one of its phones. [ 449 more words. ]

http://www.pastalaw.com/2016/02/apple-versus-fbi-privacy-versus-security/

Benjamin Franklin wrote, “Those who give up their liberty for more security neither deserve liberty nor security.” That statement strikes at the heart of the recent dispute between Apple and the ...

This month Hollywood Presbyterian Hospital disclosed that hackers infiltrated its computer system, and they infected the...
02/21/2016

This month Hollywood Presbyterian Hospital disclosed that hackers infiltrated its computer system, and they infected them with malware making the computer system inaccessible. The hackers originally demanded 3.4 million to remove the malware to give control back to the hospital. Although not paying the initial demand, The hospital did take the extraordinary step of capitulating and paying a $17,000 ransom to the hackers. [ 464 more words. ]

http://www.pastalaw.com/2016/02/hacking-new-frontier-criminal-activity/

This month Hollywood Presbyterian Hospital disclosed that hackers infiltrated its computer system, and they infected them with malware making the computer system inaccessible. The hackers ...

Recently, congress passed a law creating the “U-Visa” program which provides legal status to illegal immigrants who are ...
01/23/2016

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. [ 422 more words. ]

http://www.pastalaw.com/2016/01/amnesty-cooperation-u-visa-program/

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 ...

As criminal defense lawyers, we’ve all been there. A client with little to no defense while facing serious charges. You ...
01/02/2016

As criminal defense lawyers, we’ve all been there. A client with little to no defense while facing serious charges. You reach back into the file, re-read the entire record, and hope something will jump out at you in hopes of something to help your client. I am sure a similar scenario played out for the criminal defense lawyer representing Ethan Couch in Texas several years ago. [ 479 more words. ]

http://www.pastalaw.com/2016/01/affluenza-defense-criminal-defense-attorneys-hail-mary/

As criminal defense lawyers, we’ve all been there. A client with little to no defense while facing serious charges. You reach back into the file, re-read the entire record, and hope something ...

The United States Supreme decided this past week to hear cases stemming out of North Dakota and Minnesota concerning the...
12/20/2015

The United States Supreme decided this past week to hear cases stemming out of North Dakota and Minnesota concerning the constitutionality of criminalizing the refusal of breathalyzer tests. The legal issue in question concerns law enforcement’s potential infringement of the Fourth Amendment right to unreasonable search and seizure under the United States Constitution when police criminalize a suspect for refusing the breath test during a DUI stop. [ 454 more words. ]

http://www.pastalaw.com/2015/12/dui-right-refusal-us-supreme-court-decide/

The United States Supreme decided this past week to hear cases stemming out of North Dakota and Minnesota concerning the constitutionality of criminalizing the refusal of breathalyzer tests. The ...

On December 9, 2015, Tatiana Duva-Rodriguez, who is licensed to carry a concealed weapon, discharged her sidearm at a sh...
12/12/2015

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. [ 475 more words. ]

http://www.pastalaw.com/2015/12/gun-control-stark-reality-ny-nj-residents/

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. ...

Recently, a Floridian woman was live streaming herself driving intoxicated. She says at one point “I’m so drunk” and “le...
10/18/2015

Recently, a Floridian woman was live streaming herself driving intoxicated. She says at one point “I’m so drunk” and “let me see if I can make it home without a ticket” on the live stream Periscope App on which other individuals can comment. While on this application, an officer logged on to it and located her car. She then failed the field sobriety test. [ 445 more words. ]

http://www.pastalaw.com/2015/10/social-media-and-your-criminal-case/

Recently, a Floridian woman was live streaming herself driving intoxicated. She says at one point “I’m so drunk” and “let me see if I can make it home without a ticket” on the live stream ...

In recent news, an Illinois man, Joshua Spudich, pled guilty to aggravated driving under the influence and was sentenced...
10/03/2015

In recent news, an Illinois man, Joshua Spudich, pled guilty to aggravated driving under the influence and was sentenced to 11 years in prison by Kane County Judge Susan Clancy Boles. In his system, he had a mixture of five different drugs when he got behind the wheel. He then veered out of his driving lane into oncoming traffic striking a motorist which resulted in that victim’s death. [ 448 more words. ]

http://www.pastalaw.com/2015/10/dui-fatalities-the-ugly-truth-and-consequences/

In recent news, an Illinois man, Joshua Spudich, pled guilty to aggravated driving under the influence and was sentenced to 11 years in prison by Kane County Judge Susan Clancy Boles. In his ...

This past week the New Jersey Supreme Court has reversed itself from its prior ruling imposing greater restrictions on l...
09/26/2015

This past week the New Jersey Supreme Court has reversed itself from its prior ruling imposing greater restrictions on law enforcement conducting searches of automobiles. In its 5-2 decision, the Supreme Court relaxed this prior precedent. Under the prior decision, authorities could conduct warrantless searches if “exigent circumstances” existed. An exigent circumstance is, in lawyer legalese, is an emergency or the need to act fast in order to preserve evidence. [ 356 more words. ]

http://www.pastalaw.com/2015/09/new-jersey-supreme-court-lowers-standards-for-car-searches/

This past week the New Jersey Supreme Court has reversed itself from its prior ruling imposing greater restrictions on law enforcement conducting searches of automobiles. In its 5-2 decision, the ...

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