Blog

What Constitutes Murder Versus Manslaughter?

What Constitutes Murder Versus Manslaughter?

In New Jersey, the legal term ‘criminal homicide’ describes the crime of causing the death of another human being purposefully, knowingly, or recklessly (NJ Rev Stat § 2C:11-2). It includes three distinct crimes, which are further broken down by degrees: murder, manslaughter, and vehicular manslaughter. Intent is the primary difference...

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Is Bail Possible for Someone Accused of a Violent Offense?

Is Bail Possible for Someone Accused of a Violent Offense?

As a free citizen, bail is generally your right, even if you’ve been accused of a violent offense in New Jersey. The court may refuse to offer bail in limited circumstances, such as if the defendant is mentally ill, but even serious crimes with bail restrictions still entitle defendants to...

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How Do You Get Removed from Megan’s Law in NJ?

How Do You Get Removed from Megan’s Law in NJ?

If you are a convicted sex offender, you will be facing imprisonment, steep fines, and potentially be ordered to pay restitution to the victim. You may face community supervision for life following a sexual assault, kidnapping, or aggravated criminal sexual contact. If that does not seem bad enough, you will...

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What Disqualifies You From Owning a Gun in NJ?

What Disqualifies You From Owning a Gun in NJ?

“With great power comes great responsibility.” Gun ownership is not for the faint of heart since the consequences of mishandling a firearm are often tragic. There is no denying that owning a gun is a right afforded to each and every United States citizen, but with such tightened regulations in...

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How is a Restraining Order Lifted?

How is a Restraining Order Lifted?

A restraining order can provide much-needed protection to a person who is experiencing unwanted contact from another individual. There may come a time when the circumstances have changed, and the restraining order is no longer necessary, at which point it may make sense to have it lifted. Whether you are...

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How Do You Appeal a Gun Permit Denial?

How Do You Appeal a Gun Permit Denial?

While it cannot be denied that guns pose a serious threat to our society, it is within your constitutional rights to “bear arms.” Understandably, law enforcement goes over every gun permit application with a fine-tooth comb, but that comes at the cost of some applicants being denied ownership for no...

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What Evidence Do You Need to Prove Harassment in New Jersey?

What Evidence Do You Need to Prove Harassment in New Jersey?

If you are seeking a restraining order, you will need to present evidence that demonstrates to a fact-finder that you are the victim of harassment. Any paper trail showing your harasser’s interactions, along with social media posts and witness testimony, can be beneficial when attempting to prove that the individual...

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Are There Different Kinds of Restraining Orders?

Are There Different Kinds of Restraining Orders?

If you feel that you or your child’s safety is in danger, you want immediate protection. If you are the victim of domestic violence in the Garden State, you may be eligible to file a temporary restraining order (TPO) at the police station or municipal court at the time of...

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Top Tips for Obtaining and Upholding a Restraining Order

Top Tips for Obtaining and Upholding a Restraining Order

A restraining order can protect you from an abuser, preventing someone from contacting you or coming physically near you. To request a restraining order, you can go to the municipal court or police department in the jurisdiction where the abuse took place. The court recognizes two main types of restraining...

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What Constitutes an Aggravated Sexual Assault?

What Constitutes an Aggravated Sexual Assault?

If you are under investigation for aggravated sexual assault, acquiring representation immediately is a must. The state imposes harsh penalties for those accused of aggravated sexual assault, including imprisonment, fines, and lifetime registration on the New Jersey sex offender registry. Thankfully, the South Jersey aggravated sexual assault lawyers at The...

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What are the Requirements for Megan’s Law?

What are the Requirements for Megan’s Law?

Megan’s Law is named after Megan Kanka, a seven-year-old who was raped and murdered by her neighbor, who was a convicted sex offender. If you have been prosecuted for a sexual offense, you will be required to follow the regulations instituted under Megan’s Law. While Megan’s Law exists at the...

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What are the Different Types of Sex Crimes?

What are the Different Types of Sex Crimes?

The stigma that follows individuals accused of sex crimes can impact a person’s future. If you are facing criminal charges, you need to hire an experienced counsel to defend your rights. Avoiding a conviction will keep you from serving time, paying steep fines and court fees, and having your name...

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The Benefits of Expungement: Why Clearing Your Record Matters

The Benefits of Expungement: Why Clearing Your Record Matters

The long-term effects of having a criminal conviction on your record can be immense and can directly interfere with your future plans and goals. The benefits of expungement, or having a criminal conviction removed from your record, are difficult to overstate, and if you meet the eligibility requirements, expungement may...

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What Crimes Don't Qualify for an Expungement?

What Crimes Don't Qualify for an Expungement?

Expungement is a legal process that allows individuals to have their criminal records sealed or erased, providing them with a fresh start and increased opportunities for employment, housing, and other aspects of life. However, not all crimes qualify for expungement in New Jersey. Determining which crimes can or cannot be...

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What Happens Prior to a New Jersey Detention Hearing?

What Happens Prior to a New Jersey Detention Hearing?

Before the detention hearing stage in the New Jersey criminal justice process, the police must arrest you for a specific charge, and the prosecutor must process and initiate a case against you. While the police can recommend that the prosecutor file additional charges, it is up to the prosecutor to...

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How Do Expungements Work in NJ?

How Do Expungements Work in NJ?

Successful expungements in NJ involve effectively removing, sealing, or isolating all criminal records on file with the court, criminal justice or law enforcement agency, and correctional or detention facility. More specifically, an expungement erases information about your arrest, juvenile or criminal conviction, all court proceedings relevant to your case, and...

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What is a Detention Hearing?

What is a Detention Hearing?

A detention hearing, also called a pretrial detention hearing or bond or bail hearing, is held to determine whether a defendant should be detained or kept in jail until the resolution of their case or released while awaiting trial. It must be held within two days of the defendant’s arrest...

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Weapon Charges in Federal Courts: What You Need to Know

Weapon Charges in Federal Courts: What You Need to Know

Federal weapon charges are an intricate area of law. As they play out in federal courts, these charges can become far more consequential compared to their state counterparts. If you or a loved one is facing a federal weapon charge, it’s essential to understand the seriousness of the situation and...

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Terroristic Threats in the Digital Age: Cybercrimes and Federal Prosecution

Terroristic Threats in the Digital Age: Cybercrimes and Federal Prosecution

In today’s digital landscape, threats aren’t just delivered face-to-face or via handwritten notes left on doorsteps. The rise of the internet and technological advancements has expanded the avenues for criminal activity, including terroristic threats. Cybercrimes can be especially insidious, given their far-reaching impact and the cloak of anonymity they offer...

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Cybercrimes That Can Send You to Prison

Cybercrimes That Can Send You to Prison

In an increasingly digital world, cybercrime has become a pervasive threat to individuals, businesses, and governments alike. New Jersey, like many other states, has seen a rise in cybercrime in recent years. These offenses range from hacking and identity theft to online fraud and cyberbullying. With federal and state authorities...

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Bribery: How to Distinguish Legitimate Gifts from Unlawful Acts

Bribery: How to Distinguish Legitimate Gifts from Unlawful Acts

Bribery is a serious federal offense that involves offering, giving, receiving, or soliciting something of value with the intent to influence an individual’s actions or decisions in a dishonest or unlawful manner. It poses a significant threat to the integrity of business transactions and public institutions. In the state of...

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3 Signs You’re Involved in a Ponzi Scheme

3 Signs You’re Involved in a Ponzi Scheme

Charles Ponzi was a con man of the 1920s who was able to steal money from unsuspecting investors. Essentially, Ponzi planned to take money from investors with the promise of profiting several months later. Ponzi would then use the money from new investors (often people who knew someone who had...

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Wire fraud has not completely replaced mail fraud

Wire fraud has not completely replaced mail fraud

There’s no doubt that more transactions – both legal and illegal – are done via the Internet and other electronic means than in the not-so-distant past. That’s what wire fraud charges typically involve. However, people can and do face mail fraud charges every day. Both are serious federal offenses, and...

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Must the police have a warrant to search my property?

Must the police have a warrant to search my property?

When the police have reasonable suspicion that you have committed a crime, they will look for evidence that they can use against you. Depending on the circumstances of your case, this search for evidence might bring them to your home or place of work. The 4th Amendment of the U.S. Constitution...

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Navigating the waters: Understanding BUI laws in New Jersey

Navigating the waters: Understanding BUI laws in New Jersey

Boating is a popular recreational activity in New Jersey, offering residents and visitors countless opportunities to enjoy the vast coastal and inland waterways. However, you must understand the legal implications of mixing alcohol with boating. If caught doing this, it can lead to severe consequences, including charges like driving under the...

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Why do people falsely confess?

Have you ever wondered why an innocent person would possibly confess to committing a crime that they didn’t commit? There are actually numerous reasons why someone might falsely confess, but there is still much research and debate around the issue of false confessions. In some cases, people wrongly convicted due to...

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Can the police question a minor in the parents' absence?

Can the police question a minor in the parents' absence?

Children make mistakes, and unfortunately, some may get them on the wrong side of the law. If a child is accused and arrested of a crime, they may be treated like an adult, including being interrogated. According to New Jersey’s Juvenile Justice Commission, a law enforcement officer can take a...

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Should you worry about eyewitness testimony?

Eyewitness testimony is one of the most powerful pieces of evidence used in a court of law. It is often pivotal in proving guilt or innocence, but how reliable are they? While many people like to believe they have perfect recall, in reality, multiple factors can impact a person’s recollection of...

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How to explain a charge to your child

Facing a charge can affect your relationships, especially with your kid(s). While some parents can keep their charges private sooner, at times, it can be hard to do so, for instance, if it happens when the kids are old enough or if they saw the arrest.So, how can you explain...

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What is the fruit of the poisonous tree doctrine?

Different legal doctrines exist. While they may not be used in everyday conversations, you should be informed of them, especially when facing a criminal charge, and one of them is the fruit of the poisonous tree.Here is what you need to know about this doctrine: What is it? The fruit...

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What should you do when accused of a white-collar crime?

Despite being non-violent, white-collar crimes are considered serious and can lead to significant legal consequences. Anyone can be accused of this crime, but it’s mainly reported in businesses – with once-trusted employees often named as culprits. If your employer accuses you of any white-collar crime or you are linked to...

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Are plea deals as good as they sound?

In times of war, people on one side often give those on the other a harsh choice: Surrender or die – and that can sound pretty unreasonable. If you stand accused of committing a crime in the U.S., however, your choices might also feel unreasonable. Prosecutors can make it sound...

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Can the police lie to you?

Most assume that people sworn to uphold the law would be held to a higher standard. These are the same people that make up the jury at a trial, and when they hear that the police got the suspect to confess to a crime, they’ll also assume that the suspect...

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Can driving while on painkillers get me in trouble?

When people talk about driving under the influence of drugs, they often think of street drugs. However, medicines that your doctor lawfully prescribes to you could also get you arrested. In New Jersey, driving under the influence of drugs is illegal, and that includes prescription drugs that are classified as...

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Why do some kids join gangs?

Youth gang involvement has been around for centuries, but that does not make it less concerning. According to the National Gang Center, eight percent of youths have joined a gang at least once by the time they hit their 20s. On average, they stay in a gang for one to...

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What happens if I resist arrest in New Jersey?

No one wants to find themselves in a situation where they have to resist arrest, but sometimes, things can escalate quickly. First, however, it’s important to understand the potential consequences of resisting arrest in New Jersey, which is considered a criminal offense.Under New Jersey law,resisting arrest occurs when an individual...

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How can deferred disposition help your juvenile case?

Juvenile crimes can have a lasting impact on a young person’s life, leaving them with a criminal record that could affect their prospects. However, what if there was an alternative option that could provide a second chance to your child? Deferred disposition can help your child take responsibility for their...

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Factors considered in sentencing

One of the primary questions of a person who’s facing criminal charges is what type of sentence they’ll have to serve if they’re convicted. This varies greatly from one case to another, even if the defendants are facing the same criminal charge. Understanding some of the factors that play a role...

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Does circumstantial evidence matter in a trial?

Evidence can either be direct or circumstantial. Direct evidence, such as a confession, proves or disproves a fact without further presumptions or inference. On the other hand, circumstantial evidence relies on inferences to establish a conclusion about the facts of the case. It can be convincing and persuasive when presented...

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What is a premeditated murder?

Premeditated murder is the most severe type of homicide. It occurs when a person intentionally and deliberately plans and executes the killing of another person. In other words, it’s a murder that has been planned in advance. The primary aspect of premeditated murder is the intent and deliberation to kill...

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Potential reasons young people break the law

When young people are facing criminal allegations, parents often feel shocked. They never saw any signs that their child would consider breaking the law, and they may have thought their child would never do it.Often, there are outside factors at play that the parents simply didn’t realize. Below are a...

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Buying a home might lead to allegations of mortgage fraud

For many people, the term mortgage fraud inspires thoughts of financial industry insiders engaging in some kind of misconduct. For example, a broker might recommend that a client inflate their income or even alter certain paperwork before submitting it for underwriting consideration. The goal is often to assist as many...

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What is identity theft?

A person’s identity – their name, address, date of birth, Social Security number – is key to a lot of different things, and it can easily be misused when enough of that information is known to somebody else. That’s identity theft. Many different circumstances can lead to an accusation of...

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Why refusing a blood alcohol test is not a great idea

If a law enforcement officer pulls you over and you know that there is a risk that you’ve had more to drink than you should, you may be thinking “I’ll just stay silent.” While it is true that the Fourth Amendment to the U.S. Constitution protects individuals who have been...

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Don’t try these things to avoid a DUI charge

Are you planning on going out to drink with friends? If you notice one of your friends is attempting to drive after a few drinks, then you should stop them. Drinking and driving can result in a DUI charge. However, your friend may be convinced that there’s a simple trick...

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4 kinds of field sobriety tests

If the driver was driving on the centerline, ran a red light or violated traffic laws, for example, then the police may be under the suspicion that a driver is drunk and they’ll very likely perform a traffic stop. During this traffic stop, the police will ask a few simple...

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The most common types of juvenile offenses

Criminal offenses carry a stigma. However, not everyone charged with an offense is a bad person who is beyond redemption. It just isn’t as simple as that. Nearly a million people under the age of 18 are arrested every year in the U.S., with many of them simply being in...

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Juveniles can be tried as adults in New Jersey

The adult criminal justice system is designed to punish offenders for criminal offenses and to deter others from similar behavior. On the other hand, the juvenile justice system is focused primarily on rehabilitation rather than punishment. That said, there are instances where a juvenile can be tried as an adult....

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4 mistakes to avoid at a DUI traffic stop

Should you get out of your car? What information should you give to the police? These are some of the questions that may be running through your mind when the police pull you over on suspicion of drunk driving.It is worth noting that your words or actions after a DUI...

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When can evidence be excluded from your criminal case?

A judge can decide to exclude specific evidence from your trial for various reasons. This follows a successful motion to suppress, usually filed by the defendant or their defense team during pretrial hearings. When the court grantsa motion to suppress, the affected evidence will not be used during your trial....

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What weapons are illegal in New Jersey?

In response to the rising violence in many American regions, more people are interested in obtaining effective weapons to defend themselves. Most adults have the legal right to own weapons, but not all weapons are legal in all areas. Before you make a weapons purchase that could put you in...

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Going back to college? Bypass study drugs!

College students often have to try to juggle their course load with having a job and a social life. This can lead to some challenging days that include sleep deprivation. In a desperate attempt to stay awake to prepare for exams and finish projects, some students turn to prescription drugs....

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What leads to bankruptcy fraud?

Many people take on debt when making large purchases, but debt can easily become overwhelming, and often not because someone was overspending. Some people, for example, lose their job, making it hard to meet payments, thus more debt builds up when deadlines are missed and interest builds up. Or, debt...

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What Is Early Expungement?

In New Jersey, expungement is when a person who has committed a misdemeanor or felony applies to have their offense removed from their record early. Generally, a person who commits a felony must wait five years from the date they completed their sentence, including payment of fines and completion of...

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The importance of protecting your child from incarceration

It’s a common misconception that children under the age of 18 cannot be incarcerated, they can. Usually, those convicted of serious criminal offenses or repeat offenses at this age are sent to juvenile detention centers. Some claim that juvenile detention centers offer rehabilitation and a chance for a fresh start,...

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Understanding reasonable suspicion and DUI stops

Looking in your rearview mirror and noticing the red and blue flashing lights can be a stressful situation. It’s only made worse if you discover the reason for the stop is because the police believe you are intoxicated. However, the police must have reasonable suspicion of criminal activity to pull you...

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Can you refuse sobriety testing if you’re pulled over?

Imagine if someone had a few drinks and thought they were safe to drive home. Whether it was because they were recklessly driving or because they had a tail light out, they were pulled over by police. The officer asked the driver to perform a Breathalyzer test.Sobriety tests, such as...

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What is a forgery?

Imitation is often the first thing many people do to understand how something works, such as a painting, story or machine. It’s often considered a form of flattery when someone finds out their work’s been imitated, but it can become an insult when an imitation is used to pass off...

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2 Things to Do If You Are Stopped for Drunk Driving

Let’s take care of the obvious: do not drink and drive. Don’t drink and drive because you do not want to get arrested, have your license suspended, pay fines or end up in jail. Most importantly, don’t drink and drive because doing so endangers your life as well as other...

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What does Title IX have to do with sexual assault?

Many college students are returning for another year of schooling. After a long break from class, many students may need a refresher on their student code of conduct, specifically Title IX rules. College rules and policies are constantly changing and there may be new regulations to watch out for. Here’s what...

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What constitutes arson?

In the state of New Jersey, arson is defined as the malicious act of burning or setting a property on fire. Typically, when people hear the term arson, they think it relates to a burning building, but that’s not entirely true. Arson can also apply to burning property such as...

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3 ways drunk driving charges could affect someone's licenses

Accusations of driving while under the influence of alcohol could lead to prosecution. Drivers who plead guilty or are convicted of impaired driving will face numerous consequences. Jail time, probation, community service and fines are all possible penalties after a criminal conviction. Additionally, there could consequences for the driving privileges...

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What’s the difference between a DWI and DWI per se?

The drinking and driving laws in New Jersey are known as DWI (driving while intoxicated). If you violate these laws, you can face serious penalties if convicted of the crime. When you are pulled over and charged with a DWI, two different charges may apply. – DWI and DWI per se....

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Were you charged with embezzlement?

Embezzlement is a type of theft; however, unlike other situations, it doesn’t involve weapons or threats. Instead, when you face embezzlement charges, you are accused of using your position of trust or an established relationship to commit a crime. Unfortunately, in New Jersey, embezzlement charges can come with serious consequences if...

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When your teenager gets a DUI

If your teenager has been caught drinking and driving, you may feel a range of emotions – from shock and disbelief to anger and frustration. Drunk driving is a serious offense, and teenagers in New Jersey face severe consequences if convicted.This blog post will provide information on the consequences of...

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Can you challenge DUI evidence?

If you’ve been charged with driving under the influence of drugs or alcohol, there’s no doubt that the prosecution has evidence against you – but that doesn’t mean that their evidence is irrefutable.It’s important to remember that these are viable defenses to DUI charges. Every situation is unique, but here...

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Can you be fired for getting arrested?

If you get arrested, you may be very concerned about the impact on your career and your professional aspirations. You worry about the damage that this could do to your reputation. In certain careers, this can make it very hard to advance. But it may be more than just a...

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The true impact of an aggravated DUI conviction

If you have been arrested and charged with an aggravated DUI, it can be a scary and overwhelming situation. Many people facing DUI charges are worried about the possibility of jail time. While this is a potential consequence of a New Jersey DUI conviction, other consequences can also impact your life....

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Is your child involved with a gang?

As a parent, your top priority is the safety of your children. One of your kids is approaching adolescence which means they are trying to push the boundaries a little. This is relatively normal and something you have seen before. However, there is a difference between normal teenage unruliness and...

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What does “implied consent” mean?

Suppose you’ve gone out to dinner and had a drink while out. It was one drink, and you didn’t think anything about it before you got in your car to drive home. While driving home, you can get pulled over for any reason. Maybe your taillight is out, for example....

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The role of Juvenile Corrections in New Jersey

If your child was recently charged with a crime, you might be wondering what happens next. In the state of New Jersey, crimes committed by minors are handled by the Juvenile Justice Commission (JJC). While this may sound intimidating, bear in mind that we are still dealing with children.Yes, actions...

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Everything you need to know about juvenile shoplifting charges

Has your child been charged with shoplifting? New Jersey has strict juvenile shoplifting laws, and depending on the value of the goods stolen, your child could be facing time in a juvenile detention facility. The New Jersey juvenile justice system is complex and different from the adult criminal justice system. However,...

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Can you face charges for causing an accidental fire?

Fires cause numerous fatalities, injuries and property damage every year in New Jersey. For this reason, law enforcement treats the crime of arson very seriously. There are numerous causes of fires, with some being accidental and some being more malicious. Can you be charged with a criminal offense for causing an...

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Are you entitled to defend yourself and property?

You’re a kind and gentle person, and violence is the last thing on your mind. Sadly, you’ve recently been put in a situation where you felt that you had no choice but to use violence. Someone threatened you, your family and property. Are you legally entitled to defend yourself by...

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Is downloading free college books legal?

Many college students end up purchasing textbooks for hundreds of dollars only to use most of them for only a semester or two. These same students are then only able to resell these books at a fraction of the price. It’s no wonder, then, that many students are looking for...

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A DUI affects more than your bank account

If you get a DUI, you may start thinking about the potential fines immediately. All of a sudden, choosing to drive home so that you didn’t have to pay for a cab cost you up to $400. You’re also probably concerned about increased insurance premiums, which could cost you for...

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4 types of white collar crimes

People commit white collar crimes every day – many of which are done unintentionally. The best way to protect yourself from being charged with a white collar crime is to know what the most common areas are for problems.Here are some of the most common: 1. Bankruptcy fraud Bankruptcy is...

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Peer pressure linked to juvenile crime

As a parent, you don’t want to get the call from the police that your child has been arrested. But you know that this is something that could happen. Juvenile crimes happen every day, and many parents find out that their children have been involved in activities that they knew...

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When can the federal government use no-knock warrants?

There has been a lot of media attention and considerable controversy over the past couple of years about the use of “no-knock” warrants by law enforcement agencies across the country. The use of these warrants, particularly when the information used to get them was wrong or deliberately falsified, has led...

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Blood alcohol levels decrease at a rate of 0.015% per hour

There are cases in which people get pulled over for drunk driving, and they’re shocked. Maybe they just got up for the day. Perhaps they haven’t had a drink in hours. They definitely didn’t think they were over any sort of legal limit.But that’s not what the breath test says....

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Field sobriety tests are outdated, unreliable

When an officer pulls over a suspected drunk driver, they may use their training to determine if their suspicion is correct. While it’s common to have a Breathalyzer test done, an officer may instead use field sobriety tests. You may be wondering what a field sobriety test is. Here’s what...

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What are federal crimes?

Not all crimes are federal offenses. Something like murder or robbery is against the law across all 50 states, but it is not necessarily a federal offense unless it connects to the federal government.Federal crimes refer to offenses that go against U.S. federal law. Usually, federal criminal cases are investigated...

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Can the police legally go through your trash?

The police will go to any length in search of evidence, including looking through garbage bins. However, they must observe your Fourth Amendment rights that protect you from arbitrary searches and seizures. So, can the police comb through your trash looking for evidence to use against you in a court...

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What is tag switching?

There are many types of retail theft. Most shoplifting simply involves concealing an item and trying to leave the store without pay. It’s a very simple act that is often caught on camera or by alarm systems.As such, there has been the rise of a practice known as tag switching....

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Have you been ordered to use an ignition interlock device?

If you are convicted of driving under the influence (DUI), there is the possibility that the judge will order you to install an ignition interlock device(IID) before restoring your driving privileges. This device is used to prevent you from starting your vehicle if you have alcohol on your breath. Learning...

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How can you stay out of trouble if going for a drink?

Drinking and driving come with many potential consequences. You could face a DUI charge and harm yourself or someone else. Because of the long-term impact that all these things can have on your life, it’s important to take steps to protect yourself. Have a designated driver Any time you go...

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Breath tests are often inaccurate

One of the most common things that police do to determine if someone is under the influence is to give them a breath test. This may be done after that individual has already gone through field sobriety tests or provided other indications that they may be impaired.In a lot of...

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Retail fraud or shoplifting is more than a teenage mistake

Shoplifting is one of the more common criminal forms of teenage rebellion. Young adults will pocket something on impulse while at a store or even grab something and take off running because they assume they won’t get caught. Despite the flippant attitude that young adults and even their parents may...

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New Jersey’s safe passing law takes effect

The state of New Jersey has some of the most congested streets in the country. Cars, motorcycles, bicycles, scooters, and pedestrians all share the roadways and it can be quite intimidating to drivers. In an effort to improve safety for all travelers, New Jersey has created the Safe Passing Law,...

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Sobriety checkpoints in South Jersey: What to know

Summer is here and with it comes many reasons to celebrate. Good food, music, and alcohol will be flowing at weddings, graduation parties, and family picnics. While it is fun to indulge a bit, it’s important that you don’t get behind the wheel of a car if you have had...

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Factors that can increase juvenile crimes

There has been much research dedicated to trying to find out why people behave the way they do, especially when it comes to crime. Growing up can be challenging in itself, and it only takes one or two bad decisions or strokes of misfortune for a juvenile to take a...

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Digital piracy isn’t a game

It seems like every year streaming services, like Hulu and Netflix, are adding more ads and raising their subscription costs. It is no wonder people are resorting to piracy and torrenting to make watching their favorite shows and movies a little easier. The problem with piracy is that, like in...

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Adolescent addiction can lead to serious charges

Teens don’t always understand the risks of their actions because they are still growing and learning. They may start consuming alcohol and drugs to fit in with their peers. They may even start abusing substances to get away from their emotions. Adolescent addiction can lead to criminal charges and jail time....

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Can False Imprisonment Charges Be Expunged?

There are an estimated 70 to 100 million Americans living outside of prisons with criminal records, according to the Brennan Center for Justice. Criminal records present a constant barrier to employment, housing, and banking applications, often nixing the applicant from a list of acceptable candidates. While being arrested for a...

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Mistakes people make during traffic stops

If you get pulled over by the police, it’s natural to feel rather stressed and concerned. You may think you didn’t do anything wrong. You may be worried about legal charges and potential ramifications. It’s just a stressful event all around. At the same time, you’re very conscious of the fact...

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Avoid these mistakes if you have been charged with DWI

Getting arrested for driving while intoxicated (DWI) can be frustrating, scary and confusing especially if you are a first-time offender. The steps you take following a DWI arrest and charge can have serious implications on your case. If you make certain mistakes, there is a pretty good chance you will...

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What if your teen is arrested for shoplifting?

Your daughter was at the mall with her friends. The plan was for you to catch up with her at 5:00 p.m. and take her to dinner. At 3:30 p.m., your phone rings. When you answer, a security officer from the mall tells you that your daughter has been detained...

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Is it illegal to read someone's email?

You’ve probably heard that it is a federal offense to open someone else’s physical mail. However, in 2022, most people get far more email messages than physical letters.This may lead you to wonder what happens if you read through someone’s email account. Maybe it’s a co-worker who leaves their email...

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Are assault and battery the same offense in New Jersey?

Assault and battery are two criminal offenses that often lead to confusion in defendants. In the New Jersey criminal code, the crime of battery is officially a form of assault. When physical contact (battery) occurs during the incident, it typically elevates the offense, making your situation more severe. Knowing the...

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What is identity theft?

Identity theft is something that’s always been around, but it’s becoming more and more common because of technology. There are many ways that a person can commit this crime. In the simplest terms, it means that someone pretended to be another person in order to enjoy some sort of gain....

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How can you invoke your Miranda rights?

You may have heard police officers telling a person they’re taking into custody that they have very specific rights, including the right to remain silent and to consult with an attorney. It’s up to the person being placed in custody to invoke the rights that they have. When you invoke your...

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What is an ignition interlock device?

An ignition interlock device (IID) is a device installed in your vehicle to perform a breathalyzer test each time you wish to start the car. The device measures your blood alcohol content (BAC) when you breathe into the tube. If it exceeds 0.05%, then the car cannot start. Further, the...

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Can the police use a drone to search your property?

Drones play an increasing role in modern society, bringing several ethical issues into question. Anything that flies almost imperceptibly above our heads can breach our right to privacy in ways that human beings cannot.One area where this is causing concern is the use of drones by the police. The Fourth...

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What you need to know about juvenile delinquency

The phrase juvenile delinquency is applied in cases where a minor (an individual under the age of 18) has broken the law. These cases are often heard in family court, but other times could be heard in municipal court. The goal of the courts here is to rehabilitate the minors...

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Must you use a car breath test system after a New Jersey DWI?

An arrest for driving while intoxicated DWI can affect your social standing and career. The more people that find out about the offense, the more likely it is for others to judge you or even exclude you from social events involving alcohol. You may want to keep the whole thing...

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Why does 3+2 not always make 5 in criminal sentencing?

Knowing how to handle your criminal case depends partly on understanding the consequences of a conviction. There are sometimes considerable advantages to accepting a plea deal or a lesser charge, and sometimes there are not. If you face multiple charges, understanding the math will be crucial. Yet judges have different...

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Can I still challenge a DWI if I had too much to drink?

You have a responsibility to be fit to drive before taking the wheel. If you then get a DWI because you were not fit to drive due to consuming too much alcohol, a court is unlikely to have much sympathy. While they understand that people make mistakes and think they...

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What Is Considered Reasonable Suspicion for a DUI Stop?

Driving while impaired is a disorderly persons offense that is punishable by a fine and jail time. More extreme cases and repeat offenses could lead to a more severe conviction. Many people enjoy drinking in social settings and do so responsibly, but it is very easy to overdo it and...

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How Can I Avoid a DUI Charge on St. Patrick’s Day?

Millions of people each year in the United States celebrate Irish heritage on St. Patrick’s Day. In fact, according to WalletHub, 57 percent of adults in the United States plan to celebrate the holiday. Pub crawls and other alcohol-related events are very popular on St. Patrick’s Day. The combination of...

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What Are the Penalties for a First DUI Charge in New Jersey?

What Are the Penalties for a First DUI Charge in New Jersey? Being charged with driving under the influence (DUI) can be a harrowing experience, but you may have legal options. With an experienced lawyer on your side, they can help you fight to get the best possible outcome. For...

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Can a Felony Be Expunged?

A felony can be expunged in New Jersey. In New Jersey, a person who commits a felony must wait five years from the date they completed their sentence, including payment of fines and completion of probation, to seek expungement. A person seeking misdemeanor expungement must also wait five years from...

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What Is the Open Container Law in New Jersey?

A New Jersey driver cannot possess an open or unsealed alcoholic beverage while in a vehicle. The law applies to both drivers and passengers. There are some exceptions regarding buses, taxis, mobile homes, house trailers, and similar transportation. However, for the everyday drivers of cars, trucks, and commercial transportation, no...

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What Is the Intoxicated Driving Program?

The New Jersey Intoxicated Driving Program (IDP) includes education, screening, treatment referral, and treatment services for persons convicted of alcohol or drug driving or boating offenses. If you have plead guilty or have been convicted of driving under the influence (DUI) in New Jersey, then you have to engage in...

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Can My Marijuana Conviction Be Expunged?

There are hundreds of thousands of New Jersey residents who were arrested on marijuana charges over the past two decades. Since New Jersey voters decided to legalize recreational marijuana in 2021, there are many people who may be wondering if their marijuana conviction could be expunged. The bill was signed...

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What Happens if I Miss My DUI Arraignment in New Jersey?

A driving under the influence (DUI) charge is serious and can be life changing for the accused, particularly if they are convicted. Missteps in the process can create even more problems for them as well, as New Jersey has strict rules, so knowing what is expected of you is critical....

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What Are Disorderly Persons Offenses?

The state designates lower level crimes as disorderly persons offenses. While the charge is not on par with the severity of a felony, a conviction can still carry harsh penalties, such as jail time and heavy fines. A disorderly persons offense means that you can be tried without facing a...

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What Is a Commercial DUI?

When a person with a commercial driver’s license (CDL) is arrested for driving under the influence (DUI), they can get a commercial DUI charge. The commercial driver faces the penalty of having their CDL suspended if they are convicted. It is important to note that what is considered drunk driving...

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How Can You Avoid a Drunk Driving Charge Over the Holidays?

Family reunions, parties, and countless celebrations can make the holiday season memorable. However, when you are coming to and from these festive occasions and you have been drinking, the chance of getting a driving under the influence (DUI) charge is high. The holiday season provides an opportunity for people to indulge,...

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What Are My Miranda Rights?

If you have seen a police or true crime show, you may have heard of Miranda Rights, also known as the Miranda Warning, which police officers are required to say when someone is in custody and is subject to interrogation. There are variations of this speech in each state, but...

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What Should I Do if I am Charged With a Second DUI?

When a person is charged withdriving under the influence (DUI) in New Jersey, a natural reaction is fear. Knowing how much a DUI charge impacts a person’s life makes being charged with a second DUI an even more frightening experience. However, knowing your rights and understanding the legal process of...

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What Crimes Cannot Be Expunged in New Jersey?

Having a criminal conviction expunged means that your permanent criminal record is effectively “sealed” or erased in the eyes of the law. There are many positive reasons to have a conviction expunged. Having a criminal record can prevent you from certain types of employment, housing, education, and professional licensing opportunities....

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How Can You Recover From a DUI Charge?

Being arrested and charged with driving under the influence (DUI) can be a traumatic experience. In a vast majority of DUI stops, it is the first time that the person has ever been arrested. It can be quite overwhelming not knowing what is going to happen and how it will...

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Does New Jersey Have Romeo and Juliet Laws?

Teenagers are evolving into adults and start to take on adult behaviors, like sexual activity. For parents, one of the many fears is that their child will be targeted by an adult. However, what if the teenager has entered into a consensual sexual relationship with another teenager? In New Jersey,...

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What Are the Penalties of a DUI Charge for Minors?

Parents may constantly remind their teenagers to stay away from alcohol and drugs, and particularly, not to drink and drive. However, there are times when teenagers break the rules. In New Jersey, the penalties of a driving under the influence (DUI) charge for minors are steep. Minors can be charged...

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How Do I Avoid Getting a DUI Charge on Halloween?

Halloween is a fun holiday for both children and adults. Children get to dress up in their Halloween costumes and go trick-or-treating throughout their neighborhood, filling up their bags with candies. Also, many adults will be hosting and attending parties. Unfortunately, drunk driving also increases on Halloween. For this reason,...

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How Does Juvenile Court Differ From Adult Court?

If your child has been charged with a crime, it is extremely important that you get them proper legal representation. You need someone who has vast experience with criminal law and the New Jersey juvenile court system. There are big differences between the adult and juvenile criminal court system. You...

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How Long Does the Expungement Process Take?

Getting a quick expungement is critical for people who are looking for a job, home, license, or looking to attend school. It is important to note that the expungement process can take some time before it is finished due to a variety of factors. When an individual files for an...

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How Can I Fight a Wrongful DUI Charge?

There are many ways you and your lawyer can fight a charge for driving under the influence (DUI). Some people feel that once they are arrested for DUI, then there is nothing that can be done. However, that is not true. If you have been arrested and charged, the best...

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What are Defenses for Resisting Arrest?

For the average person, being arrested can be a traumatic experience. Sometimes, a person might resist an arrest if they feel it is unwarranted. However, resisting arrest can result in a serious criminal charge. Fortunately, there are a few defenses you and your lawyer can use if you are charged...

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How Do I Get My Criminal Record Expunged?

If you have a criminal record, you may wonder how to get charges expunged. If you wish to undergo the expungement process, you should speak with an experienced lawyer. A lawyer can assemble your documents and prepare your petition to the court. After any waiting period is over, the lawyer...

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How Severe are Drunk Driving Charges for Minors?

Driving while intoxicated is a very serious offense. Driving with a blood alcohol content (BAC) level of 0.08 percent or higher is considered a crime. Additionally, those underage are convicted of an infraction as a zero-tolerance offense if they have a BAC level of 0.02 percent or higher. Depending on...

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What Crimes can be Expunged?

There are many people who have been convicted of a crime in the past who feel they may never lead a normal life again. Fortunately, some people are eligible for expungement. Expungement removes a conviction from an individual’s criminal record, making it unavailable through state and federal repositories. However, not...

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How can I Avoid a Drunk Driving Charge on Labor Day Weekend?

Labor Day is the unofficial end of summer, and many people will celebrate the holiday with alcohol. This year, the National Safety Council reports that approximately 466 people may lose their lives in accidents on the holiday weekend, including drunk driving collisions. However, this does not have to be the...

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What Should I Do if I am Pulled Over by the Police?

Every driver should know what to do if they get pulled over by a police officer. One of the most important steps to remember is to remain calm. There have been many instances where people have been wrongly accused or arrested because of a misunderstanding. Any interaction between a driver...

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What is New Jersey’s Implied Consent Law Regarding Breathalyzer Tests?

Due to Coronavirus (COVID-19) restrictions easing, New Jersey and other areas throughout the United States are seeing more crowds, which also means more festivities, parties, and celebrations. On some nights, drunk drivers will be on the road. In New Jersey, the legal blood alcohol content (BAC) level is 0.08 percent....

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What is a Motion to Suppress Evidence?

One of the most used criminal defense strategies is to try to get evidence against a client removed from consideration. This is commonly referred to as making a motion to suppress evidence. If the motion is successful, the evidence cannot be used against a defendant. Sometimes, this leads to the...

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What is the Expungement Process?

The expungement process is broken down into four steps. In order for this plea to run smoothly, the individual must obtain their criminal record, draft a petition for expungement, prepare for their hearing, and hopefully move on to gain a second chance. A lawyer can help with the entire expungement...

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What is Entrapment?

When an individual commits a crime due to the urging of a government agent or entity, a case of entrapment might have occurred. The aim of entrapment is to gain control of the individual, either through imprisonment or to force cooperation in an unrelated criminal investigation. Entrapment occurs when law...

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What are Common Distracted Driving Defenses?

Many people find it necessary to multitask to keep up with the fast pace of modern-day living. Multitasking while driving is common, but it is also extremely dangerous and illegal. Distracted driving has become a major problem in the United States and seemingly gets worse each day. According to a...

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Can I Have My Juvenile Criminal Record Expunged?

Crimes committed at the age of 17 years old or younger are considered juvenile crimes, and they will be tried with the offender’s age in mind. The sentence will be appropriate for a juvenile and take into account the juvenile’s behavior and past history. Often, juvenile criminal records are sealed...

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What are My Rights at a Sobriety Checkpoint?

A sobriety checkpoint is an area that is set up by the police to randomly check motorists to see if they are under the influence of drugs or alcohol. Sobriety checkpoints are legal in New Jersey, and it is always a possibility that a driver may encounter one. Drivers must...

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What Should I Know About a First Offense DUI Charge?

Being charged with driving under the influence (DUI)can affect one’s life significantly. Being pulled over and arrested for DUI can be a traumatic experience. It is important to know about the entire legal process after receiving a DUI charge. This information will help the offender understand their legal rights and...

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What is a Petty Offense?

Petty offenses are typically minor crimes and can include civil and criminal offenses, such as public intoxication, jaywalking, pickpocketing, and prostitution. Other types of petty crimes include minor traffic violations. People should be aware that even distracted driving can be considered a petty crime in some jurisdictions. Some of these...

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What can I Do if False Allegations Caused Damages?

When a person is falsely accused of a crime, they may feel very frustrated. However, when a false allegation happens, the accused does have some legal options available to them. An important first step is to get a criminal defense lawyer to help fight against the criminal charges. Even if...

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Can I Get an Expungement for Multiple Convictions?

New Jersey allows those who receive multiple convictions the opportunity to erase them or expunge them from their permanent record. The process is complicated as some convictions are eligible and others are not. A person may be able to get multiple convictions expunged, but it depends on several factors. The...

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What are the Consequences of a Drunk Driving Charge?

A criminal charge for driving under the influence (DUI) can be devastating. A DUI charge can have a serious and negative impact on a person’s reputation and can affect all aspects of personal and professional life. A conviction can mean the loss of a driver’s license and acquiring heavy fines....

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Why Do I Need a Criminal Defense Lawyer?

When a person is accused or arrested for an alleged crime, they should hire a criminal defense lawyer because that person has the experience and knowledge to best represent a defendant’s interests. They can help achieve the best possible outcome and work with prosecutors to lessen any punishments that come...

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What is a Disorderly Conduct Charge?

Different states and municipalities have their own rules regarding disorderly conduct. Generally, disorderly conduct causes a public disturbance and could lead to criminal charges. Fighting could fall under the disorderly conduct category. More serious altercations could lead to battery or assault. Public misconduct such as intoxication is another common type...

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What are the Different Types of Criminal Defenses?

There are multiple criminal defenses that a criminal defense lawyer can utilize when attempting to dismantle a prosecutor’s criminal case against a defendant. Among those defenses include: Affirmative criminal defense Insanity defense Coercion and duress Abandonment and withdrawal Getting arrested for a crime can be a traumatic experience, and it...

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Drunk Driving Arrests in the Time of COVID-19

The onset of the Coronavirus (COVID-19) pandemic has negatively impacted all aspects of modern life. In New Jersey, the state implemented a strict shutdown policy to battle the virus. This caused delays in all criminal procedures, and it even affected those who were charged with driving under the influence (DUI)in...

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When am I Eligible for Expungement?

If a person has only been indicted for one offense throughout their lifetime, they are eligible for expungement in the state of New Jersey. If a person has been indicted on two indictable offenses, they will not be eligible for expungement. Clearing up an eligible criminal record can provide benefits...

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What are the Different Types of Cybercrimes?

Over the years, cybercrimes have grown and developed to the point where there are global networks of hackers that target financial institutions and individuals. Hacking has also risen to the level of international aggression as certain nations will use hacking to disrupt their enemies. A cybercrime is defined as any...

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What Happens if I Tamper with an Ignition Interlock Device?

In some driving under the influence (DUI) cases, an interlock device may be placed on a driver’s vehicle. This is done for a variety of reasons, but the most common reasons are to promote public safety and to enforce compliance with laws and court orders. However, some people may choose...

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What are Property Crimes?

Property crimes are common and committed against another person’s possessions from buildings to physical items. They can range based on the violence of the crime and the amount taken or damaged. The circumstances of a crime will dictate the type of property crime it is. For instance, the perpetrator need...

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Can I be Removed from the Megan’s Law Internet Registry?

Enacted in 1994 by the State of New Jersey, Megan’s Law is a group of statutes that mandates public disclosure of information pertaining to sex offenders. These laws were ratified on the federal level two years later, allowing states to let the public know when there are sex offenders in...

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Jury Trials are Now Suspended in New Jersey

The New Jersey Supreme Court issued an order on Nov. 16, 2020, suspending all criminal and civil jury trials as well as in-person grand jury proceedings. The order comes in response to increasingly elevated cases of Coronavirus (COVID-19) infections throughout the state. In-person jury trials were previously suspended for six...

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What Crimes Frequently Happen During the Holidays?

The holiday season is a time of peace and joy; however, it is also a time when crime rates increase. While some people are busy shopping for their loved ones, others are looking to take advantage of the situation. According to Allstate Insurance Company, crime rates tend to rise in...

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Avoid Drinking and Driving on Blackout Wednesday

People look forward to Thanksgiving for many reasons, such as turkey, stuffing, family time, and sleeping in late. One event that many young adults look forward to is Blackout Wednesday, which is one of the biggest nights of the year for drinking. Blackout Wednesday is a dangerous tradition and became...

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Are Field Sobriety Tests Unreliable?

When a police officer pulls over a suspected drunk driver, the officer will usually administer a standardized field sobriety test. Although a field sobriety test may seem useful, it can be tough to pass, even when someone is not under the influence. Many people who have been arrested for drunk...

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What is Human Trafficking?

Human trafficking is both a legal and social issue that has garnered increased attention over the last several years. It is a worldwide issue that constantly evolves with new legal challenges and law enforcement strategies. The Federal Bureau of Investigation (FBI) lists human trafficking as the third-largest international crime. Human...

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What is Excessive Force?

The use of excessive force during an arrest does in fact violate the Fourth Amendment; however determining what constitutes excessive force is no easy task. What is considered as excessive force is subjective, and it can mean different things in various jurisdictions. Generally, excessive force is considered force beyond what...

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What Happens After I Resist Arrest?

When an individual interferes with an arrest from law enforcement, it is considered resisting arrest. For those facing arrest, it may feel natural to try to flee; however, this reaction can lead to serious problems, including fines, incarceration, or even fatalities. Those charged with resisting arrest should note that there...

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Should I Hire a Lawyer Before Formal Charges are Filed?

It is never too early to hire a lawyer when facing arrest or detention by the police. A criminal defense lawyer can prevent formal charges from being leveled, protect one from violations of their constitutional rights, prevent witnesses and evidence tampering, and negotiate alternative sentencing. Attempting to defend oneself without...

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What are the Best Defenses Against Arson Charges?

The severity of an arson charge depends on the circumstances of the case. The burning of an empty building will be treated more leniently than an occupied building. Intentionally starting a fire will face greater repercussions than an accidental fire. Regardless, it is important to have a legal representative on...

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Driving Without Insurance Carries Severe Penalties and Fines

Driving without insurance is prohibited in several states. In New Jersey, it can carry worse penalties than driving while intoxicated. One can lose their driver’s license, pay steep fines, court costs and surcharges, along with participating in community service. What is the Law in New Jersey? New Jersey law requires...

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Why Should Teenagers Never Use Cellphones While Driving?

Nowadays, teenagers are constantly looking at their phones. While the trend is worrisome for parents, it is most alarming when a teenager is driving. Using a cellphone while driving a serious threat to everyone on the road. Throughout the United States, using a cellphone is strictly prohibited while driving. If...

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Is it Possible for My Criminal Case to Get Dismissed?

When someone is charged with a criminal offense, they may think about whether or not the charge could be dismissed. A dismissal can happen, but only under certain circumstances. It is important to note that there is a difference between charges being dismissed and charges being dropped. To be dismissed,...

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Can I be Criminally Charged for a Road Rage Incident?

Although there is no direct road rage charge in New Jersey, there are other chargeable crimes that may arise from a road rage incident. There is also a state statute that increases penalties for aggressive drivers whose road rage causes injuries to others. Therefore, although one may not be criminally...

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What are Possible Defenses for a Weapons Charge?

A weapons charge is often entangled with other criminal offenses, but even when the charge stands alone, the outcome can be extremely damaging. A good defense against a weapons charge is a strong case that establishes doubt on the prosecution’s evidence. An effective defense attorney takes into account all factors...

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Understanding the Juvenile Justice System

The transition from child to adult is never easy. Teenagers are honing good judgement through experience. They tend to test limits, try different things, and struggle to manage emotions and behavior while going through significant changes. It is not surprising that many teenagers get into legal trouble. Unfortunately, bad judgement...

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What Should I Know About DUI Hit-and-Run Accidents?

Drunk driving is a significant danger for motorists and pedestrians. In fact, the Centers for Disease Control and Prevention (CDC) reports that it is a factor in 30 percent of all fatal car crashes. The CDC also states that 10 percent of auto crashes are hit-and-runs, and damages caused by...

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What is a Conflict of Interest?

Any professional can run into a conflict of interest. For lawyers, a conflict of interest is a serious matter that could lead to disbarment, discipline, or even a malpractice lawsuit. Consequently, attorneys must pay careful attention to their decisions. Quite simply, conflicts of interest are when lawyers are put into...

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What Defenses Can be Used in Statutory Rape Cases?

It is against the law for an adult to have sex with a minor. This law still applies when the sex is consensual between both parties. It is assumed that minors are not capable of providing informed consent for sexual activities. The age of consent varies from state to state...

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What is Aggravated Assault?

When people read through police blotters online or in print form, they may notice mentions of aggravated assault. Aggravated assault is a type of assault that carries specific penalties based on state law. How is Aggravated Assault Defined? Aggravated assault involves the act of either physically touching or attempting to...

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Does a Minor in the Car Impact My DUI Charge?

The penalty for driving under the influence (DUI) can be severe, even for first-time offenders. Drinking and driving with a minor in the vehicle will make the charges even worse in most cases. In some states, the original DUI/DWI charge is levied more severely, while in others, a DUI with...

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Megan’s Law Update

A conviction for a sex offense in the State of New Jersey generally carries with it the requirement of Megan’s Law and parole supervision for life. Under some, but not all circumstances, an individual may move to terminate his or her registration requirements under Megan’s Law, as well as parole...

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Drug Court

For individuals who are interested in entering a county drug court program, the New Jersey Appellate Court recently decided in State v. Figueroa that a person sentenced to a term of probation may apply for admission into the drug court program. The court further decided that certain convictions, which had...

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How to Fight a Disorderly Conduct Charge

A disorderly conduct charge is designed to preserve the peace and harmony of a community. When large crowds gather in public places, are intoxicated, and create disturbances with loud obnoxious behaviors, municipalities resort to the charge of disorderly conduct after arresting individuals to preserve the peace. A disorderly order charge...

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How do I Clear my Criminal Record?

Making a mistake and receiving a criminal charge can completely change your life, and the life of your family and friends. A criminal charge can lead to expensive fines, potential jail time, the inability to vote, or the loss of your license among other things. Clearing your record is the...

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Legal Defenses in Sexual Assault Cases

All forms of rape count as sexual assault, but not all sexual assault crimes count as rape. Even though state laws vary, all states view sexual assault crimes as crimes that involve sexual activity with no clear consent. The legal defense used in a sexual assault case may revolve around...

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Consequences of Failing to Register as a Sex Offender

If you have been convicted of a sexual offense, such as sexual abuse or other related offenses, then you most likely are aware of the consequences and ramifications that have followed. In addition to your sentencing, you also will have to register as a sex offender in your jurisdiction. Evidently,...

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Legal Counsel for Military Personal

Specific legal cases, such as those dealing with military personnel, need to be handled by professionals with knowledge of military life. Cases include those in the Army, Air Force, Navy, Marine Corps, and Coast Guard. We understand the difficulty in finding a lawyer who understands your case and connects to...

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What Are Criminal Mischief Charges?

Under criminal law, criminal mischief normally pertains to the destruction of another person’s personal property with known intent, but it can be more complicated than that. In fact, the definition and punishment may differ from state to state. Generally, criminal mischief includes crimes such as vandalism, graffiti, or defacing a...

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Can I Refuse a Breathalyzer Test?

If you are stopped under suspicion of drunk driving, a cop will request a breathalyzer test. Breathalyzer tests are a normal part of a cop’s routine when they suspect someone is drunk driving. If you are stopped by a cop, you may be wondering whether you can avoid a driving...

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Cybercrimes

The use of technology has expanded around the world over the past 20 years. Under criminal law, cybercrime refers to all illegal activity that takes place over the internet or with the aid of technology. The FBI is the federal agency responsible for identifying and investigating cybercrimes on a federal...

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St. Patrick’s Day and Drunk Driving

St. Patrick’s Day is associated with an increase in drunk driving crashes. According to the National Highway Traffic Safety Administration (NHTSA), 60 people were killed in drunk driving crashes during the 2016 holiday period between March 16 to March 18. The NHTSA advises everyone to make plans to get home...

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Drug Possession While Committing a Traffic Violation

Drug charges are serious allegations that often have severe consequences. Federal and state laws address several drug offenses that involve the illegal possession, trafficking, manufacture, or sale of a controlled dangerous substance (CDS), such as marijuana, cocaine, heroin, or medications like Oxycontin and Xanax that are commonly available by prescription....

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What Is Legal Malpractice?

Sometimes, a client may decide that they no longer want to work with their attorney; they may even accuse their lawyer of not practicing legal ethics or make allegations of negligent misconduct. However, not all situations call for a charge of legal malpractice. In fact, legal malpractice happens less frequently...

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New Drunk Driving Laws

Drivers in New Jersey should be aware that drunk driving laws have changed as of December 2019. The new law brings two significant revisions to previous DUI/DWI charges. The law removes license suspensions for first offenders while requiring all convicted drivers to install interlock breathalyzer devices on their vehicles. These...

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Types of Sex Crimes

There are various types of sex crimes, some of the most common crimes include coercion and illegal sexual conduct against an individual. All states have certain laws that prohibit these crimes, but they often have statutes of limitations on lawsuits against alleged offenders. Sex crimes can be divided into certain...

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What is a Probation Violation?

Judges in New Jersey are given the ability to grant probation for certain crimes. By sentencing someone to follow the rules and regulations of probation, judges can benefit the community and the accused. Nevertheless, probation is not something to be taken lightly, even though it helps people avoid time behind...

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Sex Offender Misled by Police

A recent state Supreme Court ruling raises important questions about the tactics law enforcement officers use to secure a confession. In 2011, police officers pulled over an individual suspected of numerous sexual assaults. During questioning, officers led him to believe that, if he confessed, he would get a more lenient...

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Dealing with DWI Defense During the Holidays

In New Jersey, motorists need to take drunk driving seriously year-round, but especially during the holidays. The weeks between Thanksgiving and New Year’s see an increase in policed roadblocks and checkpoints geared at catching people who are driving under the influence (DUI), also called driving while intoxicated (DWI). Although everyone...

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Understanding a Forgery Offense

In films featuring spies like James Bond, forgery happens frequently to the delight of the audience. In the real world, people charged with forgery get no applause. In fact, forgery is a serious allegation and one that can land someone in prison for many years. For that reason, every person...

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Philadelphia Police Officer Accused of Sexual Assault

A police officer in South Philadelphia was recently charged with sexually assaulting a woman with whom he took on a date. The officer, who works in Philadelphia’s 17th Precinct, is being held in jail with bail set at $1 million. He is currently suspended with intent to dismiss while the...

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Retail Theft Charges: What Do I Do?

Shoplifting is a serious offense. It is not a prank or a cheap thrill, and it could get you in deep trouble. In many cases, even an honest mistake can spell trouble when an unmoved shopkeeper decides to press charges. What Constitutes Retail Theft? Retail theft, commonly referred to as...

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Can Mischief Night Fun Turn Into a Criminal Conviction?

As Halloween approaches every year, people of all ages look forward to dressing up in costume, stocking up on candy, and attending parties and parades. This good-natured holiday does have a darker side though; that happens the night before, on Mischief Night. Some revelers use this night to smash pumpkins...

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High Cost of Speeding Tickets in New Jersey

Millions of drivers are pulled over for speeding each year. In 2017, more than 176,000 speeding tickets were issued in New Jersey alone. Odds are that even the most conscientious drivers are likely to get a speeding ticket or other traffic summons at some point. Because the financial cost of...

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False Allegations of Domestic Abuse

As the media continues to shine light on the problem of domestic violence, more women and even men are coming forward each year with their stories of spousal abuse. With this increased awareness comes a disturbing rise in the number of false domestic abuse allegations. Being falsely accused of domestic...

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New Jersey Institutes Ignition Lock for First Time DWI Offenses

By the beginning of 2020, drivers in New Jersey found guilty for the first time of driving under the influence will face different penalties than they do today. Instead of having their licenses suspended for several months, offenders, in certain instances, may have much shorter suspensions or no suspension at...

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Attorney Disciplinary Cases

The Rules of Professional Conduct are set forth in the Rules Governing the Courts of the State of New Jersey. The disciplinary process for attorneys who allegedly violate the Rules of Professional Conduct is articulated in the Conduct and Practice of the Law sections of the New Jersey Rules of...

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Resisting Arrest in New Jersey

Anyone who has experienced being arrested may have been tempted to pull away from the officer or question the arrest. Yet, the act of resisting arrest can be considered a criminal act, in addition to the original arrestable act. The following constitutes resisting arrest under the law and what to...

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Are DUI Checkpoints Legal?

Sobriety checkpoints are used by law enforcement departments to keep the roadways free of drivers under the influence of alcohol or drugs. Depending on logistics and traffic volume, officers at the DUI stop will check every driver or single out cars at random intervals. Once the car is stopped, police...

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DUI with Marijuana

Despite Governor Phil Murphy’s efforts, it does not appear recreational marijuana will receive legislative approval this year. However, as more states legalize recreational cannabis, the issue of driving under the influence (DUI) of marijuana will increase. In New Jersey, the penalties for a DUI are the same whether the driver...

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Reasons Why You Should Not Talk to Police

Television programs frequently show police officers talking to people who volunteer plenty of information. The truth is, many may not realize that talking to police can have negative repercussions. In most situations, police do not ask questions unless they believe someone is a suspect. A person that talks too much...

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Breathalyzer Test for Marijuana in Development

A handheld breathalyzer can test for alcohol and marijuana may be hitting the market soon. Hound Labs, Inc. has been developing a handheld breathalyzer that can test for marijuana. The company stated in a press release that it partnered with several companies to begin manufacturing breathalyzers and anticipates providing commercial...

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What are White-Collar Crimes?

White-collar crimes are offenses perpetrated by people in positions of power who have taken advantage of the access or influence entrusted to them by customers, investors, or the public. These crimes are committed by sneaky executives and public officials who aim to make money or expand their sway in business...

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Reasons to Hire a Traffic Violations Lawyer

Millions of traffic violation tickets are issued each year in the United States. While most offenses are nothing more than an inconvenience, drivers with multiple traffic violations or those charged with driving under the influence of alcohol or drugs can face serious legal consequences. Stiff penalties and substantial fines, car...

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South Jersey Criminal Lawyers: Megan’s Law

In New Jersey, convictions for certain sex offenses can result in an individual having to register as a sex offender pursuant to Megan’s Law. An individual required to register under Megan’s Law might also be sentenced to Community Supervision for Life or Parole Supervision for life, depending on the nature...

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South Jersey Criminal Lawyers: Drug Court

In New Jersey , substance abusing adults who have been charged with non-violent, indictable offenses have an alternative to a sentence of incarceration or traditional probation: Drug Court. The Superior Court of New Jersey Drug Court program is designed to help treat the addictions of substance-abusing defendants through treatment programs,...

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South Jersey Criminal Lawyers: Death by Auto

Drivers who are accused of causing fatal accidents by driving recklessly will in most circumstances be prosecuted for violating New Jersey’s vehicular homicide statute, N.J.S.A. 2C:11-5. The majority of drivers prosecuted for vehicular homicide are accused of impaired driving resulting from high blood alcohol concentrations or the ingestion of drugs....

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South Jersey Criminals Lawyers: Domestic Violence in New Jersey

Domestic violence as defined by the New Jersey Criminal Code can incorporate a number of offenses from harassment, a petty disorderly persons offense, to murder, a crime of the first degree carrying a potential life sentence. South Jersey criminal lawyers report that victims of domestic violence include family members, spouses...

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Know Your Rights If You Are Injured In An Automobile Accident

All too frequently, automobile accidents cause major disruptions in individual lives, either because a motor vehicle has been damaged or, worse, because personal injury has been caused. In addition, sometimes tickets or citations are issues to those who have been involved in the accident and legal representation is needed to...

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South Jersey Criminal Lawyer Discusses Megan’s Law

Megan’s Law, as it is commonly called, is a statutory requirement which mandates the registration and notification upon release of certain sex offenders. Those people who are required to register under Megan’s Law have been convicted of certain enumerated crimes set forth in N.J.S.A.2C:7-2. The complexity of Megan’s Law often...

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South Jersey Criminal Lawyers Explain the Law Prohibiting Harassment

What actions constitute “harassment”? New Jersey Statute 2C:33-4 sets forth the charge of harassment. That statute prohibits certain distinct conduct. First, it prohibits an individual from communicating with another person anonymously or at extremely inconvenient hours, in coarse language or in any other manner likely to cause annoyance or alarm....

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South Jersey Criminal Lawyers Review FAA Rules on Drone Flights

Security personnel at Citizens’ Bank Park in Philadelphia scrambled and went into high alert during a Phillies game in late May when a small unmanned drone flew near the ballpark. The episode, which is being investigated by the Federal Aviation Administration, is a cautionary tale for drone pilots all around...

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South Jersey DUI Lawyers Discuss New Jersey DUI Laws

In New Jersey, driving under the Influence (DUI) or driving while intoxicated (DWI) are serious motor vehicle violations. Drunk driving offenders face significant penalties. Under New Jersey law, suspected drunk driving offenders are prosecuted either by a field sobriety test performance and driving pattern, or if a driver’s blood alcohol...

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