Blog Posts - Criminal law
What’s the Difference Between Bail and Bond in New Jersey?
If you or a loved one has been arrested in New Jersey, one of the first concerns is whether you can be released while awaiting trial. This often leads to questions about bail and bond. While these terms are sometimes used interchangeably, they have distinct meanings in the criminal justice...
Read More
What Are the Different Types of Sex Crimes?
Sex crime charges are among the most serious offenses in New Jersey, carrying severe penalties and long-lasting consequences. A conviction can lead to lengthy prison terms, mandatory sex offender registration under Megan’s Law, and significant damage to your personal and professional reputation. Understanding the different types of sex crimes under...
Read More
What is a High-Level Crime?
In most states, crimes are classified as misdemeanors and felonies. In New Jersey, the classification is a little different. Crimes are defined by degrees. NJ Rev Stat § 2C:43-1 outlines the degrees of crimes in New Jersey. There are first, second, third, and fourth-degree crimes. First-degree crimes are the most...
Read More
What is the Statute of Limitations for Criminal Offenses?
When it comes to the law, you typically only have a certain amount of time to file a claim. This is true for crimes as well. There are time limits in place called statutes of limitations. Criminal statutes of limitations are designed to protect those who have allegedly committed a...
Read More
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...
Read More
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...
Read More
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...
Read More
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...
Read More
The Importance of Seeking a Restraining Order Protecting Your Safety and Rights
If you are in an unsafe or emotionally unhealthy situation, seeking a restraining order can provide the protection you need to start anew. A restraining order will specify whom the defendant is allowed to be in touch with, prohibited locations, and other actions that the defendant is not allowed to...
Read More
What Should I Do if Someone Violates a Restraining Order?
A restraining order is a court order that protects a person from an abuser. Even if a restraining order is in effect, it is still possible for your aggressor to violate the parameters of the order, making you fear for your safety. Nobody should live in fear, which is why...
Read More
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...
Read More
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...
Read More
What Are the Waiting Periods for When You Can Apply for an Expungement?
If you live in New Jersey and have a criminal conviction on your record, it may be possible to have it removed, which comes with immense social and legal advantages. The process is called expungement, and it involves petitioning the court to delete a prior conviction for those who are...
Read More
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...
Read More
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...
Read More
What Are Your Rights If Police Raid Your Home in New Jersey?
The sudden intrusion of a police raid can transform a regular day into a whirlwind of confusion and distress. Whether the break of dawn or the dead of night, the sound of law enforcement at your door is daunting. For individuals in New Jersey facing potential criminal charges related to...
Read More
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...
Read More
Do you have to answer the police’s questions if stopped?
Having the police stop you can be an unsettling occasion, especially if it is the first time they have done so. Understanding what you do and don’t have to do can help the situation go more smoothly and reduce the chance of further consequences. First, let’s be clear here: When...
Read More
From disorderly personas offense to indictable crime: The consequences of shoplifting
Many people consider shoplifting a minor crime because it often involves taking small items without causing physical harm to anyone. In reality, shoplifting can have serious consequences that can affect your life for years to come, even if you are a first-time offender. Depending on the value of the stolen merchandise...
Read More
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...
Read More
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...
Read MoreHow 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...
Read MoreWhat 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...
Read MoreWhat 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...
Read MoreJuveniles 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....
Read MoreWhat 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...
Read MoreGoing 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....
Read MoreAssault and battery: How plausible is a self-defense claim?
If you are charged with assault and battery, claiming self-defense sounds like the most reasonable thing to do. After all, you have a right to defend yourself in the face of imminent danger to your life or safety. However, a self-defense claim does not always stand up to assault and...
Read MoreThe 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,...
Read MoreWhat 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...
Read MoreIs 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...
Read MoreThe 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...
Read MorePeer 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...
Read MoreCan 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...
Read MoreFactors 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...
Read MoreAdolescent 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....
Read MoreCould you accidentally commit a crime if you get catfished?
Catfishing is essentially the process of lying about your identity online. The exact degree to which people carry this out varies from instance to instance. For example, there are some people who will use fake pictures or even videos to pretend to be someone that they aren’t, well others may...
Read MoreWhat 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...
Read MoreWhat 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...
Read MoreHow 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...
Read MoreWhat 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...
Read MoreWhat 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...
Read MoreCan I be Responsible for Drugs That are Not Mine?
Under constructive possession, an individual can be responsible for drugs that were not in their possession if they still had knowledge of and access to them. The specific charges depends on the drug that the person possessed. If an individual is aware of a location of a controlled substance, than...
Read MoreHow will Self-Driving Cars Affect Drunk Driving Laws?
One of the most common causes of car accidents is drunk driving. In the case of self-driving cars, is it possible for the driver to be charged with driving under the influence (DUI)? Much of a case depends on the level of autonomy. It is important that all drivers know...
Read MoreWhat 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...
Read MoreWhat 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...
Read MoreWhat 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...
Read MoreWhat 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...
Read MoreWhat are the Differences Between Assault and Domestic Violence?
To be charged with assault in New Jersey, a person must place or attempt to place the alleged victim in imminent fear of physical harm. An act of physical violence does not need to take place, and the parties do not need to intimately know each other. Domestic violence is...
Read MoreWhat Do I Need to Know About the Legalization of Marijuana in New Jersey?
In February 2021, New Jersey officially legalized recreational marijuana. This means that adult consumers over 21 years old in the state can now lawfully purchase and use marijuana. However, there will be rules, regulations, and laws dictating recreational marijuana usage. Cannabis advocates have pushed for legalization in New Jersey and...
Read MoreWhat 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...
Read MoreWhat Should I Do if I am Pulled Over by a Police Officer?
Getting pulled over by a police officer can be a harrowing experience. A driver may or may not know why they are being stopped, and what happens next can depend on how they react. The best advice is to remain calm and to respond to inquiries and directions. The situation...
Read MoreWhat 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...
Read MoreWhat 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...
Read MoreJury 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...
Read MoreWhat 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...
Read MoreWhat 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...
Read MoreUnderstanding 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...
Read MoreWhat 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...
Read MoreMegan’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...
Read MoreWhat 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...
Read MoreCybercrimes
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...
Read MoreSouth 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....
Read MoreSouth 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...
Read More
Christopher St. John
Tess Berkowitz