April 29, 2011

The Quantity of Marijuana Seized Affects the Penalties You May Face Under New Jersey Law

There are a number of factors that will affect how severe a marijuana possession charge in New Jersey may become. The charges usually depend on various factors, including the criminal history of the defendant, the circumstances of the arrest, and the quantity of marijuana seized by authorities.

Possession of 50 grams or less of marijuana in New Jersey is a disorderly persons offense. This type of penalty should not be taken lightly since a conviction could result in jail time. These penalties, however, are not as serious a felony marijuana possession. In New Jersey, possession of 50 grams of marijuana or more will result in felony charges. Felony marijuana possession in New Jersey could result in up to 18 months of incarceration. These penalties may become even more severe if authorities determine the defendant intended to sell the drugs or illegally cultivated the drug.

Depending on the circumstances, an experienced attorney may be able to have marijuana charges reduced or dismissed before the case even goes to trial. First time offenders of marijuana charges, for example, often have alternative sentencing options available to them to avoid jail time. Volunteering to participate in community service and drug treatment programs are some of many options that may help an offender reduce the penalties related to the crime.

The Princeton marijuana defense attorneys at Lependorf & Silverstein handle all types of drug crimes in New Jersey, including marijuana charges. If you or a loved one is facing drug charges in New Jersey, please call 609-240-0040 for a free consultation.

April 28, 2011

Underage Drinking Laws in New Jersey

The severity of the penalties a juvenile will face for consuming alcohol is related to the circumstances of the incident. For example, underage drinking while driving will carry heavier penalties then being intoxicated in public. Additionally, alcohol consumption may carry stiffer consequences than alcohol possession. The family of a juvenile who is facing alcohol-related offenses in New Jersey would be well-advised to discuss the specifics of their case with a skilled Princeton juvenile crime defense attorney.

New Jersey Statute 2C:33-15 makes it a crime for juveniles to possess or consume alcohol. Driving while intoxicated when under the age of 21 is covered by statute 39:40-15.14. The law is particularly harsh on underage drunk drivers in New Jersey. If you are under 21 in New Jersey, you only need to have a blood alcohol content (BAC) of .01 percent to face serious consequences and charges. For those above 21, the legal limit is 0.08 percent.

Juveniles are not the only ones who may face penalties related to underage drinking. Under New Jersey Statute 2C:33-17a, it is a crime to serve alcohol to anyone under the age of 21. Additionally, adults may be charged for allowing their home to be used for underage drinking (NJSA 2C:33-17b). Additionally, adults may be charged with child endangerment if they serve a minor alcohol and it results in an injury (NJSA 2C:24-4).

The experienced attorneys at Lependorf & Silverstein handle all types of juvenile crime-related charges. If your underage son or daughter has been accused of alcohol possession or driving under the influence in New Jersey, please call us at 609-240-0040. We understand the impact these charges can have on your child’s future. Call today for a free consultation.

April 27, 2011

Consequences of Harassment Charges in New Jersey

In New Jersey, harassment charges commonly result from a misunderstanding, which is possible why many people make the mistake of assuming that these are not serious charges. While they may not be as serious as some other criminal charges, it could still have grave consequences. A harassment conviction can result in embarrassment or loss of a job. In addition, New Jersey harassment charges could lead to jail time and fines. Fighting harassment charges can be a complex process and may require the knowledge and experience of a skilled criminal defense lawyer.

There are many potential acts that may lead to a harassment charge. New Jersey Statute 2C:33-4 states that a person is guilty of harassment if he or she "makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm." The consequences of a harassment conviction could depend on the intent of the communication, the manner in which it was made and the manner in which the communication affected the alleged victim.

The penalties for harassment in the state of New Jersey depend upon the circumstances of the case and the history of the defendant. In a criminal harassment case the defendant may face up to 30 days in jail and a $500 fine.

The knowledgeable Princeton criminal defense lawyers at Lependorf & Silverstein have years of experience successfully handling all types of criminal cases. If you or a loved one is facing harassment charges in New Jersey, please call our offices at 609-240-0040 for a free case evaluation.

April 26, 2011

When Are Juveniles Charged as Adults in New Jersey?

Most juveniles charged with a criminal offense will be sent through the New Jersey juvenile court system for penalties, which are usually built around rehabilitating the young offender. Some serious juvenile crimes, however, result in adult criminal proceedings that may affect the alleged offender for the rest of his or her life. The family of juvenile being tried as an adult would be well advised to seek legal guidance from an experienced defense attorney right away.

A juvenile case may be transferred to an adult criminal court if the judge waives the protections that the juvenile court provides. This typically only happens in serious cases such as rape or homicide, but it can also occur in cases involving repeat offenders. It is also more likely that a juvenile will face adult charges if the alleged offender is over the age of 16 and has committed a similar offense before. When past rehabilitation efforts have failed and youth services have been unsuccessful at helping the juvenile, a judge may be more prone to treat the juvenile as an adult.

Juveniles charged as adults are allowed representation and they even have the right to fight the decision to be tried in adult criminal court. The history of the defendant will be taken into account and as well as his or her willingness to get treatment.

The New Jersey juvenile crime defense attorneys at Lependorf & Silverstein handle both juvenile and adult criminal cases. Our reputed defense attorneys provide free consultations to anyone facing charges in New Jersey. If your son or daughter is facing serious criminal charges, please contact us at 609-240-0040. We will fight for your child's rights and strive to obtain the best possible outcome in your case.

April 25, 2011

Consequences of Trespassing in New Jersey

Under New Jersey law, trespassing involves unlawfully entering a property. Depending on the details of the incident, a trespassing charge in New Jersey could result in a disorderly persons charge, a petty disorderly persons offense, or a fourth degree crime. Anyone facing trespassing charges in New Jersey would be well advised to contact a New Jersey criminal defense lawyer to obtain more information about his or her rights and options.

New Jersey Statute 2C: 18-3 breaks down the severity of trespassing charges with regard to the type of property the defendant entered. For example, it is a fourth degree offense to illegally enter a school, research facility, power generation facility or hazardous chemical factory. It may also be a fourth degree crime to peer into a window of a home in New Jersey. It is a petty disorderly persons offense when someone knowingly trespasses on a property that he or she had been told to stay off of, or enters a property that has been fenced off.

To obtain a conviction, the prosecutor must prove that the act of trespassing involved knowledge of the illegal act. Therefore, a person should not be charged with trespassing for mistakenly wandering onto private property. Additionally, if a property is abandoned or the defendant believed that he or she had the right to be there, the trespassing charges should be dropped. Penalties for a fourth degree trespassing conviction can result in up to 18 months of jail time. So, it is crucial for anyone facing trespassing charges to speak with an experienced criminal defense attorney.

The Princeton criminal defense lawyers of Lependorf & Silverstein offer free consultations at 609-240-0040 to anyone facing trespassing charges. Let us review your case and help you better understand your rights and options. Call us today for a free and comprehensive consultation.

April 21, 2011

High School Students in New Jersey Charged with Smoking Marijuana

A 17-year-old boy was charged with possession of marijuana after he and two other teenagers were allegedly found with the drug. According to The Hunterdon County Democrat, the incident occurred at North Hunterdon High School in Clinton Township. School administrators allegedly found a makeshift pipe and marijuana in the 17-year-old boy’s backpack. He faces juvenile charges for possession of under 50 grams of marijuana as well as possession of drug paraphernalia.

New Jersey statute 2C:35-10 makes it a disorderly person offense to possess 50 grams or less of marijuana. Juveniles charged with New Jersey marijuana possession may face a wide range of penalties. Depending on the circumstances, juveniles may face enrollment in mandatory drug treatment programs, required community service hours, fines and even detention in juvenile hall. The extent of the penalties may be related to the juvenile's prior record, the amount of marijuana found and whether or not the police believe the juvenile was planning on distributing the drug.

Having the right representation when dealing with New Jersey’s juvenile justice system may affect the penalties a minor could face. The New Jersey juvenile justice system is based on the adult criminal justice system but instead of focusing on penalties it focuses on rehabilitation. Experienced attorneys will make sure that this ideal is upheld and that your son or daughter receives that valuable second chance.

The aggressive Princeton marijuana defense attorneys at Lependorf & Silverstein fight to protect the rights of juveniles of New Jersey. If your child is facing criminal charges in New Jersey, please contact our law offices at 609-240-0040 to find out how we can help.

April 19, 2011

Eleven Arrested on Suspicion of Disorderly Conduct at Rutgersfest

The annual Rutgersfest in New Brunswick resulted in two shootings, five injuries and eleven disorderly conduct arrests. According to a news report in The Star-Ledger, these incidents reportedly occurred on and around Rutgers Campus in New Brunswick. The campus law enforcement and local police officers had difficulty handling the estimated 40,000 to 50,000 people who attended the event.

Most disorderly conduct charges result from "improper behavior." According to New Jersey statute 2C:33-2, it is a "petty disorderly persons offense" to engage in fighting or creating a "hazardous or physically dangerous condition." It may also be a disorderly persons offense to use offensive language in a public space. Many of these types of offenses occur when someone has been drinking or when two people let an argument get out of hand. A normally private, minor dispute may lead to serious charges if it occurs in a public place.

It is often necessary to seek skilled representation to fight disorderly persons charges because consequences may be severe. Depending on the nature of the incident and the prior criminal record of the defendant, a disorderly persons offense could result in up to six months in jail, a fine of $1,000 and a mark on your criminal record.

The experienced New Jersey disorderly conduct defense attorneys at Lependorf & Silverstein handle all types of disorderly person offenses. Our skilled attorneys provide free consultations to anyone facing criminal charges in New Jersey. Call us today at 609-240-0040 to discuss your case at no cost.

April 15, 2011

The Consequences of Cultivating Marijuana Charges in New Jersey

New Jersey may have legalized medical marijuana use but that does not mean that it is legal to grow marijuana. In fact, marijuana cultivation is a felony that can result in heavy fines and incarceration. If you are facing marijuana cultivation charges in New Jersey, it is crucial that you immediately seek legal representation from a skilled drug crime defense attorney.

The severity of the penalties a defendant may face for marijuana cultivation depends upon the quantity of marijuana found by authorities. For example, cultivating less than one ounce of marijuana could result in 18 months of jail time and a fine of up to $10,000. Cultivating one ounce to five pounds of marijuana could result in up to five years of incarceration and a fine of $25,000. If the authorities discover more than 10 marijuana plants, the defendant could face charges relating to manufacturing and sale of controlled substances, which is a first degree felony that could result in 10 to 20 years of incarceration.

There are a number of factors that need to be considered in a marijuana cultivation case. Was the defendant aware of the plants on the property? Does the defendant have a criminal history of drug use or cultivation? How did the authorities seize the drugs? Did they have a proper warrant? Do the charges reasonably reflect the alleged crime committed?

The Princeton marijuana defense lawyers of Lependorf & Silverstein have a history of successfully handling many kinds of marijuana charges. We have a successful track record of getting our clients’ charges dismissed or lessened. If you or a loved one is facing marijuana-related charges in New Jersey, please call our law office at 609-240-0040 for a free, comprehensive, and completely confidential consultation.

April 14, 2011

New Jersey Teenager Charged with Marijuana Possession

A 17-year-old male was arrested recently for allegedly possessing marijuana by two non-uniformed police officers in the Milltown area of Bridgeton, according to a report in The News of Cumberland County. The officers allegedly detected the odor of burnt marijuana and approached two juveniles sitting on a porch. One of the juveniles was arrested on suspicion of possession of under 50 grams of marijuana.

Possession of 50 grams or less of marijuana in New Jersey is considered a disorderly persons offense. This does not mean, however, that the penalties will not be severe. Possession of less than 50 grams of marijuana could result in six months of jail time and a fine of $1,000. When this offense involves a juvenile, it is common for New Jersey marijuana possession charges to be reduced in exchange for significant community service penalties and required attendance at a drug treatment program.

It would be a mistake to assume that a disorderly persons offense is not serious because the alleged offender is a minor or a first-time offender. Every case is different and marijuana possession is a serious offense in New Jersey. When a skilled attorney is brought in to defend a case early enough in the process, it may be possible to have the charges reduced or to obtain alternative sentencing.

The New Jersey juvenile crime defense lawyers of Lependorf & Silverstein help protect the future of youth by aggressively defending them against various charges, including marijuana, vandalism, shoplifting, and more. If your child is facing drug charges or any type of charges in New Jersey, please contact us at 609-240-0040 for a free, comprehensive, and confidential consultation.

April 13, 2011

What You Need to Know about Search Warrants in New Jersey

All New Jersey residents are granted certain rights of privacy. A search warrant is an order signed by a judge that gives police officers the authority to search for specific items at a definite location. Such warrants are not easily given and police officers must convince a judge that there is probable cause to search for evidence because of criminal activity. When proper protocol is not followed and a defendant’s rights are violated, the evidence seized in the search may be thrown out. It is even possible for a suspect to dispute a search warrant after the warrant has been issued and evidence has been seized.

In most cases, only a suspect may give verbal consent to an officer who does not have a court-issued search warrant. When multiple tenants live on a property, for example, one tenant cannot give verbal consent for an officer to search the part of the premises that is exclusively controlled by the other tenant. Also, landlords may not give consent for the authorities to search a suspect’s apartment.

There are, however, certain exceptions to when law enforcement officials require search warrants. Officers may search for evidence without a warrant when there is illegal contraband in clear view or if the officer is in the process of making an arrest. Cars may also be searched if during a valid traffic stop when the officer is given probable cause to suspect criminal activity.

The Princeton criminal defense lawyers of Lependorf & Silverstein know how to determine if their client’s constitutional rights have been violated. If you have been charged with a crime in New Jersey and believe that your rights have been violated, please call our offices at 609-240-0040 for a free consultation.

April 12, 2011

Somerset Man Charged with Shoplifting

A 57-year-old man from Somerset, New Jersey, was arrested recently after allegedly shoplifting from a Target store. According to a news report in The Bridgewater Patch, the arrest occurred after authorities say they found the man with $638.27 worth of stolen merchandise from the store. The circumstances of the arrest or how authorities obtained information about the alleged shoplifting are unclear.

In any New Jersey shoplifting case, the value of the items presumed stolen will affect the severity of the charges a defendant will face. For example, under New Jersey law, it is considered a disorderly persons offense if the value of the items stolen is under $200. If the value of the items is between $200 and $500, it may be considered a fourth degree offense, which could result in jail time of up to 18 months. This offense becomes a third degree charge if the items are valued between $500 and $75,000. A third degree shoplifting conviction in New Jersey could result in up to five years in prison. These significant differences make it imperative to properly assess the value of the items stolen and to fight the charges in court.

It is common for shoplifting arrests to arise from honest mistakes. Leaving the store without paying for a few items can have devastating effects on one’s professional and social standing. Shoplifting charges resulting from seemingly minor errors must be taken seriously and fought aggressively in court.

The Princeton shoplifting defense attorneys of Lependorf & Silverstein have decades of experience successfully handling shoplifting charges as well as other criminal charges in New Jersey. Our knowledgeable lawyers provide free case evaluations at 609-240-0040 to anyone facing shoplifting allegations. Call us today to find out how we can help.

April 11, 2011

Three Women Arrested after Fight at Bridgeton Apartment Complex

Recently, police officers in Bridgeton, New Jersey, arrested three women, aged 19, 28, and 30, following a brawl. According to The News of Cumberland County, the fight occurred at the Bridgeton Villas apartment complex. All three women were charged with disorderly conduct and then released. It is unclear what may have led to the fight, if anyone was hurt in the incident, or who notified the police of the situation.

Disorderly conduct is an offense that may result from a number of acts. In general, New Jersey considers disorderly conduct as improper behavior that causes a public annoyance. Causing alarm or disturbance by fighting, making threats, or even using offensive language could result in an arrest. Penalties for this type of behavior could result in a fine of up to $1,000 and up to six months in jail.

Unfortunately, many disorderly persons charges in New Jersey result from harmless arguments that get out of hand, misunderstandings, excessive enforcement of the law, and false accusations made by individuals with ulterior motives. There is a wide range of potential penalties for a disorderly persons offense in New Jersey. Failing to seek proper representation to fight the charges could result in serious consequences, including jail time, probation, or fines.

The knowledgeable New Jersey criminal defense attorneys of Lependorf & Silverstein aggressively fight the charges our clients face. We understand that our clients future is on the line and we do everything we can to protect their legal rights. If you are facing disorderly conduct or assault charges in New Jersey, call our offices at 609-240-0040 for a no-cost consultation today.

April 8, 2011

New Jersey Woman Charged with Shoplifting at Bayonne ShopRite

A 42-year-old woman was charged with shoplifting after store security at a supermarket allegedly observed her place cosmetic items in her pocketbook. According to a news report in The Jersey Journal, the shoplifting incident occurred in the Bayonne ShopRite store on Avenue C. Authorities say that the woman removed the barcode from a pair of sunglasses and failed to pay for all of the items she possessed. The total value of the stolen items is believed to be $94.50.

The severity of a shoplifting charge in New Jersey is related to the value of the items allegedly stolen. For example, a fourth degree shoplifting offense involves a retail value of stolen items between $200 and $500. An individual who shoplifted less than $200 worth of items may be charged with a New Jersey disorderly persons offense. Penalties for a disorderly persons shoplifting offense in New Jersey include up to six months in jail and 10 days of community service.

The severity of the penalties imposed for shoplifting is also related to the circumstances surrounding the arrest and the criminal history of the defendant. It is important to take all disorderly persons offenses seriously and to build a strong defense with the help of an experienced criminal defense attorney. In a shoplifting case, the prosecution must prove that the defendant knowingly and intentionally took the items. Oftentimes, shoplifting charges stem from misunderstanding or an inadvertent act.

The reputed Princeton criminal defense attorneys at Lependorf & Silverstein have successfully represented numerous clients in shoplifting cases. In many cases, we are able to have the charges reduced or dismissed before it even goes to trial. Call us today at 609-240-0040 to find out how we can help.

April 7, 2011

Nearly One-third of All New Jersey Domestic Violence Incidents Lead to Arrests

Every year, the New Jersey State Police Uniform Crime Reporting Unit issues a report on domestic violence statistics showing numbers as well as trends in violent crimes committed in the state. According to the 2009 report, there were a total of 73,709 domestic violence incidents in New Jersey. About 30 percent of those reported domestic violence incidents resulted in an arrest.

The report states that the most common time of day for domestic violence offenses is between 8 p.m. and 12 a.m. Females were the victims of the offense 76 percent of the time. According to the report, 3,193 reported domestic violence incidents resulted in a restraining order.

New Jersey domestic violence charges are particularly complicated to handle because they could often involve false allegations and hidden or ulterior motives. In addition to facing possible incarceration and heavy fines, individuals facing domestic violence charges may suffer certain consequences even if they are not found guilty. Loss of employment and a tainted reputation are examples of some of the serious consequences defendants could face without being officially charged. Regardless of the nature of the domestic violence charges, it is critical to fight them aggressively with the help of an experienced criminal defense lawyer.

The reputed Princeton domestic violence defense attorneys at Lependorf & Silverstein fight to protect the rights of our clients. If you are facing domestic violence charges, you have the right to fight the charges in court with an experienced criminal defense attorney. Call us today at 609-240-0040 to discuss your case at no cost.

April 6, 2011

New Jersey Man Charged with Possession of Marijuana in Hackettstown

A 21-year-old man was arrested on suspicion of possessing marijuana after being pulled over for a traffic violation. According to The Warren Reporter, the incident occurred on Route 182 in Hackettstown. The report states that the police officer detected the odor of marijuana during the traffic stop. The officers found the marijuana in the vehicle's glove compartment. The 21-year-old man was charged with possession of under 50 grams of marijuana as well as possession of drug paraphernalia.

When the authorities make an arrest for marijuana possession in New Jersey, the quantity of drugs seized will determine the nature and extent of the charges. Under New Jersey Statute 2C:35-10 (4), it is a disorderly persons offense to possess under 50 grams of marijuana. Additionally, New Jersey Statute 2C:36-2 states that it is "unlawful for any person to use, or to possess with intent to use, drug paraphernalia."

First-time offenders may assume that they will avoid serious penalties for drug possession. This is a dangerous assumption. There is a wide range of penalties that alleged drug offenders might face. Having the right legal representation could make the difference between having the charges dismissed and facing serious penalties such as jail time and fines.

The knowledgeable New Jersey marijuana defense attorneys at Lependorf & Silverstein have an excellent track record of successfully defending individuals facing marijuana possession charges. Let us review the circumstances of your arrest and help determine your options. For a free consultation, please call our law offices at 609-240-0040.

April 5, 2011

Do Juveniles Have Constitutional Due Process Rights?

Juvenile proceedings are significantly different from adult criminal court cases. Despite these differences, there are a number of constitutional rights that minors do have. If your child is facing criminal charges, it may be important to understand New Jersey juvenile due process rights.

Juveniles arrested in New Jersey have the right to make at least one phone call and to receive legal counsel. Minors also have the right to know the charges they face. In addition, juveniles have the right to not be searched by the authorities without reasonable cause. Some public officials, however, may be able to conduct a search if they have reasonable suspicion of wrongdoing as opposed to probable cause, which is the standard in cases involving adults. Most juveniles are released to their parents or guardians prior to arraignment in juvenile court.

The purpose of the juvenile justice system is to help put youth on the right track. Instead of jail, a juvenile crime proceedings may result in penalties such as community service. Families should not assume, however, that a charge will not result in serious penalties. In cases involving serious crimes such as homicide or sexual assault, juveniles may be treated as adults.

The dedicated New Jersey juvenile crime defense lawyers at Lependorf & Silverstein have an excellent track record of representing juveniles and helping them get that invaluable second chance. If your child has been arrested in New Jersey or is facing charges, please call our law office at 609-240-0040 for a no-cost consultation. We are here to help.

April 4, 2011

Consequences of Being Charged with Lewd Conduct in New Jersey

There are many serious penalties that may result from an act of lewd behavior in New Jersey. The severity of the penalties a defendant will face is related to what the act was, the age of the alleged victim and the criminal history of the defendant. Even in cases that do not result in a conviction, an allegation of lewd conduct can result in irrevocable damage to one's reputation.

Lewd conduct or lewd behavior is a general term that may be applied to a number of indecent acts. An example of a lewd act includes exposing or touching one's genitals for arousal in a public location. To be convicted with lewd conduct, a person must know that others are present and witnessing the act and expect them to be alarmed or offended. The resulting penalties for this type of offense may include jail time, fines, a mark on your record and, in some cases, mandatory registration as a sex offender.

Additional penalties that are not enforced by the court include permanent damage to one's social and professional life. Being charged with a lewd act may result in the loss of your job or may jeopardize your chances to obtain gainful employment. The consequences of such a conviction are very real and serious for individuals who work with children. Parents and employers alike are less likely to work with someone who has been convicted of lewd conduct.

The experienced Princeton lewd conduct defense attorneys Lependorf & Silverstein fight to protect your rights and your precious reputation. If you or a loved one is facing an allegation of lewd conduct in New Jersey, please do not take it lightly. Call us today at 609-240-0040 to discuss your case at no cost. We will review you case for free and help you begin building your defense.

April 1, 2011

Hoboken City Director Charged with Harassment

A city director and a city employee have both been charged with harassment after an altercation at the Hoboken city hall. According to The Jersey Journal, the incident occurred at the municipal garage in Hoboken. The Director of Transportation and Parking saw a bus illegally parked and drove it into the garage. Police believe that an altercation occurred afterward between the director and the bus driver because the driver’s personal keys were on the key ring when the director drove away. The city director was charged with theft and harassment and the bus driver was charged with simple assault. Any person similarly charged is advised to speak with a knowledgeable New Jersey assault defense attorney to determine the best course of legal action.

Under New Jersey Statute 2C:33-4, a person is guilty of harassment if he or she "subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so or engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person." Harassment charges are often wrongfully charged, usually due to a misunderstanding.

Whether or not an actual disorderly persons offense has been committed is often not entirely clear. If the defendant can prove in court that he or she did not intend to harass the victim, then the charges should be dropped. A miscommunication or misunderstanding is not a valid reason for someone to be charged with harassment.

The experienced Princeton criminal defense attorneys at Lependorf & Silverstein aggressively fight the charges our clients face in court. We look at the specifics of each case and build a solid defense so the charges can be lessened or dismissed altogether. If you face disorderly persons charges in New Jersey, please call our offices at 609-240-0040 today for a free consultation.