New Jersey Criminal Defense Blog

If you have applied for a job in recent years, you may have had to check a little box indicating whether or not you have been arrested. According to The Star-Ledger, three Democratic senators in New Jersey are introducing a measure that will do away with this box and give job seekers a better chance to turn their lives around. The proposed legislation does not eliminate employers from performing background checks for criminal records in New Jersey, but it will hopefully give individuals with prior criminal convictions an opportunity to better market themselves.

It is important to help these individuals who have been convicted secure work, because adult offenders who are unable to find gainful employment are more likely to return to a life of crime. Sadly, recent statistics gathered by the Department of Corrections show that the re-arrest or recidivism rate for adult offenders is high in the Garden State. In fact, 55 percent of individuals incarcerated in New Jersey will be re-arrested, 43 percent will be re-convicted, and 31 percent will be re-incarcerated. Of the offenders rearrested, about half involved in the study were arrested within nine months of their release.

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New Jersey lawmakers are considering a bill that would allow victims of domestic violence to testify in court without facing their alleged assailants. Under the proposed law, an alleged victim or witness who is under 16 years of age would be allowed to testify via closed circuit television. According to The Record, the proposed bill passed in the Assembly 71 to 1 and has not been taken up in the Senate yet.

A second bill aimed to assist domestic violence victims was also approved. This bill allows victims of gender-motivated violence to sue their assailant whether or not criminal charges are filed. Proponents of the bill say that it creates an efficient way for victims to pursue justice. Those against the bill say that it has the potential to be abused.

Whether or not these bills become law, there are already harsh punishments in place for New Jersey residents convicted of domestic abuse. A domestic violence complaint in New Jersey can lead to restraining orders, hefty fines, and legal fees. Domestic violence charges can also result in jail or prison sentences. Police are required to arrest a suspect if the alleged victim shows any sign of injury. Therefore, it is common for a misunderstanding or an accident to result in criminal charges once the police become involved.

Continue reading "New Jersey Bill Could Change Domestic Abuse Cases" »

A 40-year-old Middletown man has been arrested by Holmdel police for alleged possession of cocaine, heroin, and Alprazolam. According to The Holmdel-Hazlet Patch, officials say he possessed the drugs as well as drug paraphernalia, allegedly including a glass pipe with cocaine residue and packets of heroin. He faces third-degree crimes for possession punishable by up to three to five years in prison. He was also indicted on charges of heroin possession stemming from a previous incident in Neptune.

New Jersey has severe consequences in place for individuals found in possession of any amount of heroin. In fact, a person found in possession of heroin in New Jersey, no matter the amount, is guilty of a third-degree crime. A conviction for a third-degree crime can result in up to five years in prison and a fine of up to $35,000. Additionally, a conviction could also result in a mandatory six-month driver's license suspension.

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There is a new bill that lawmakers are working on that will provide opportunities for those who have been convicted of non-violent offenses to avoid jail time. Under the new measure, anyone charged with a disorderly persons offense or petty disorderly persons offense in New Jersey can have the charges dismissed if they complete a supervisory treatment program. According to a New Jersey 101.5 news report, Governor Chris Christie has vetoed similar legislation in the past that included a $500 fine. Under the new measure, the fee to avoid jail and criminal charges is $75.

Ideally, this alternative program can help lessen the burden on the criminal justice system and reduce the amount of people who are jailed for non-violent, minor offenses. If successful, the program could not only save the taxpayers a lot of money, but also help people get their lives back on track without the stigma of having a criminal record.

Continue reading "New Jersey Lawmakers Move to Decrease Penalties for Petty Offenses" »

As you travel to and from holiday parties in New Jersey this season, it is important to remember that law enforcement officers will be out in full force to combat drunk driving. They know that people are traveling from parties and they are looking to get drunk drivers off the roadway. Many New Jersey officers will see their hours increased so that they can stay on the roadway longer to make more arrests. They will set up more sobriety checkpoints, conduct additional saturation patrols, and generally make more arrests in an attempt to prevent alcohol-related accidents.

Any time there is an increase in law enforcement activity, there is an increase in the number of wrongful arrests. It is important to prevent driving while intoxicated (DWI) accidents, but it is also important that drivers do not face heavy fines, license suspensions, and jail time when they were not actually driving under the influence. To reduce your chances of facing harsh penalties this holiday, remember to never drive after you've been drinking, even if you believe you can "handle it." It is best to use a designated driver or call a cab. If you are at a family member or friend's house, stay there until you have sobered up.

Continue reading "Do Not Get Pulled Over for a DWI this New Jersey Holiday Season" »

A New Brunswick bar may lose its liquor license because of the number of underage drinking arrests that occurred there. According to a My Central Jersey news report, 26 people were arrested the summer of July 2011 including 22 underage patrons at the Scarlet Pub on Easton Avenue in New Brunswick. Additional arrests were made in October 2011 at the same location. Both raids occurred after anonymous callers tipped off officials that underage drinking was occurring on the premises.

It is a disorderly persons offense to sell alcohol to an underage patron. Penalties include a $500 fine and the potential for liquor license revocation. Underage drinkers face harsh consequences as well. Possession or consumption of alcohol by someone under the legal age is a disorderly persons offense. According to New Jersey Statute 2C:33-15, "Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense."

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An 18-year-old Fair Lawn woman has been arrested on suspicion of shoplifting. According to a news report in The Progress, the young woman was arrested for shoplifting from the Target in Fairfield. She was flagged as suspicious following seven occasions in which she allegedly failed to scan items in the amount of $1,014.24. Target security officers took her into custody until the authorities arrived. She faces charges, but none of the missing merchandise has been recovered.

The amount of merchandise illegally taken will directly affect the severity of the criminal charges. For example, it is a disorderly persons offense to steal merchandise with a total retail value under $200, which can result in a six-month sentence and the penalties increase dramatically when additional items are involved.

Continue reading "Alleged Serial Shoplifter Arrested in Fairfield" »

An 18-year-old Princeton man has been arrested on suspicion of being involved in three armed robberies. According to The Planet Princeton, the teenager was arrested after voluntarily going to police headquarters. Officials believe that he was involved in three separate instances in which he brandished a knife and demanded money. The young man has been charged with three counts of armed robbery and three counts of aggravated assault in addition to his six counts of weapons possession.

A theft or burglary charge rises to the level of robbery under New Jersey law if the incident involved a weapon or if there was a threat of injury or harm. Individuals involved in committing a theft could face robbery charges if they inflict bodily injury, use force upon another, threaten immediate bodily injury, or threaten to commit a crime of the first or second degree. Robbery is a second-degree crime, but it can be escalated to a first-degree crime if the defendant was armed with a deadly weapon during the commission of a crime.

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A 31-year-old woman who serves as a Middlesex County health inspector has been arrested on drug charges after officials searched her Plainsboro home. According to a report on NJ.com, the drug arrest occurred on Ravens Crest Drive in Plainsboro. Officials exercised a search warrant to enter the woman's home. After their search, she was charged with possession of prescription drugs. A 33-year-old man was arrested after the search as well. He faces numerous charges including: prescription drug possession with intent to distribute, possession of prescription drugs, possession of schedule IV drugs with intent to distribute, and possession of drug paraphernalia.

Painkillers and psychotropic medications are powerful and extremely addictive. New Jersey officials have consistently cracked down on individuals who illegally possess prescription drugs. Pharmaceuticals are considered Controlled Dangerous Substances under the law and individuals who do not have a prescription can face serious criminal penalties.

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A 59-year-old Lawrence Township woman and four teenagers were arrested after police officers in the area caught the smell of marijuana emanating from their townhouse. According to The Lawrenceville Patch, the arrests occurred on Scherer Court in Lawrence Square Village. Officials allegedly smelled marijuana and spotted drug paraphernalia in plain view when the front door was opened. Police secured a search warrant and seized two small marijuana plants and a variety of drug paraphernalia.

The four teens face charges including marijuana possession and possession of drug paraphernalia. The 59-year-old woman faces charges for possession and for making her property available for underage drinking.

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Being arrested for drunk driving can feel like the end of the world, but it doesn’t have to be. For a person who is arrested for driving under the influence of alcohol (DUI) in West Windsor Township, NJ for the first time, interacting with law enforcement can be intimidating and confusing.

By learning as much information as possible about your legal rights and options for defense, you are taking a proactive step to protect your future.

A DUI is not something to brush off. If you or someone close to you has been arrested, it is important to at least consult with a skilled West Windsor Township DUI attorney to determine what the best course of action is for your specific situation. The stakes are too high not to.

Continue reading "What are the Penalties for a First-Time DUI in West Windsor Township, NJ?" »

A new ruling by the New Jersey Supreme Court could affect the number of juvenile cases that are handled in adult court. According to an Associated Press news report, the September 12 ruling involved a case from 2009 in which three juveniles were charged with robbery in Woodbridge. The Supreme Court ruled three to two that the Middlesex County Prosecutor's Office did not adequately show why the juveniles had to be tried as adults.

Now, juveniles fighting to keep their case in juvenile court only have to prove that prosecutors committed an abuse of discretion. Formerly, they had to prove that prosecutors committed a "patent and gross" abuse of discretion, which is a much higher standard.

Continue reading "New Requirements for NJ Cases Involving Juveniles Tried as Adults" »