“Constitutional law” covers a broad spectrum of cases and grievances, none of which is easily defined. Whether a local governing body has passed an ordinance in conflict with rights preserved in our state and federal constitutions or a private employer has discharged an employee on the basis of age or sex discrimination, there exists the potential for a lawsuit grounded in a constitutional violation. Not every grievance gives rise to a constitutional claim, but the ones that do require sophisticated understanding of the intricacies of constitutional litigation.
Experienced Constitutional Law Attorneys
At Furlong and Krasny, we have spent many of our more than 75 years of experience dealing with complex constitutional issues, ranging from workplace discrimination to the systemic problems with Megan’s Law. We have brought cases grounded in both New Jersey and United States Constitutions and the rights those documents are designed to protect. We do not take every case brought to us. But our decision to accept a case is not based on a client’s ability to pay. Rather, we take a hard look at the nature and type of violation that has occurred, the right to be protected and the prospects for achieving an outcome our client seeks. In that sense, we are not “public interest” lawyers, but private interest lawyers: Advocates first and foremost for the people who have sought our help. If the public interest is served by our efforts, that is an ancillary benefit.
Jack Furlong and Scott Krasny are both AV Preeminent* peer review-rated lawyers, and they have been certified** by the New Jersey Supreme Court as criminal trial attorneys. There is no certification for constitutional rights litigation, but if experience is a guide, the lawyers at Furlong and Krasny have the background and results to support their reputation for expertise in this challenging field.
Confronting Legal Issues In Constitutional Law
In criminal cases, constitutional claims focus on the Fourth, Fifth and Sixth Amendments to the United States Constitution, drawn directly from the Bill of Rights. Too often dismissed as “technicalities” by police and prosecutors, these issues go the very core of our ordered system of liberty. We defend these claims zealously, without fear or favor, holding law enforcement agents to the standards they swore to protect when they began their careers.
In civil cases , we bring aggressive action to bear whenever a client presents us with a clear violation of his or her rights. Drawing again on the Bill of Rights, our focus is typically on the First, Fifth and Fourteenth Amendments, which guarantee freedom of speech, due process and equal protection under the law (anti-discrimination protection).
Examples of these kinds of claims include:
• First Amendment claims: We protect your right to express yourself without fear of losing your savings to a libel or slander claim. At the same time, you have the right to protect your good name from unwarranted attack. This is a difficult area of constitutional law, but we have risen to the challenge repeatedly with substantial results.
• Fifth Amendment claims: “Due process of law” covers many types of actions, but perhaps the best known involve police misconduct (1983 actions), arbitrary government action absent notice and an opportunity to be heard such as the heavy-handed application of Megan’s Law, and unilateral administrative action to suspend or revoke licenses.
• Fourteenth Amendment claims: Discrimination on the basis of race, religion, age, national origin, sex or sexual orientation continues to exist despite widespread statements to the contrary. No matter how many policies we put in place, employers, lenders, government supervisors and many others will from time to time pick on a subordinate, deny a loan or promotion, or sexually harass a co-worker. If you have been subjected to any brand of discrimination, Furlong and Krasny will protect your right to be free from these conditions and vindicate your right to damages for past misconduct directed at you.
Constitutional claims are not easily understood, but generally we know them when we see them. If you believe you have been mistreated on the basis of who you are, as opposed to what you have done, contact our offices in West Trenton for an initial consultation. We will evaluate your case and guide you through the entire process.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.
**Certified by the Supreme Court of New Jersey