If you have a criminal conviction on your record, you may be eligible to have that record sealed through a legal process called an expungement. An expungement is a petition that is filed with the court on behalf of the individual seeking to clean his record. The petition must be…
A recently represented a defendant charged with a serious third degree criminal offense called terroristic threats in violation of NJSA 2C:12-3. This is an indictable criminal offense (felony). The case started out at the Essex County Superior Court. After discussions with the AP, the case was remanded to the Newark…
One of the most serious traffic offenses a motorist can be issued a ticket for is tailgating. tailgating is a violation of NJSA 39:4-89. If convicted of a tailgating violation, the defendant will be assessed five (5) motor vehicle points. From time to time, the state police and local police…
This is a synopsis of fines, fees, loss of license, IDRC, ignition interlock, jail, surcharges, etc, for all levels of NJSA 39:4-50 conviction and most refusal offenses in New Jersey. Remember that the exact penalties you face will depend on the facts of your particular case and DWI history. Therefore,…
In State v Dantonio, the New Jersey Supreme Court held that the evidence of radar speed meter readings should be received into evidence upon a showing that the radar was properly set up and tested by the police officer. Similarly, the Appellate Division held in State v Wojtkowiak that the…
Under NJSA 2C:35-10(b), an individual is guilty of a disorderly persons offense if he is under the influence of a controlled dangerous substance. One is not guilty of being under the influence of CDS if the substance has been lawfully prescribed by a physician and is being taken in accordance…
Disorderly conduct is violation of NJSA 2C:33-2. A NJ disorderly conduct offense is a petty disorderly offense punishable by up to 30 days in jail and a fine of up to $500. It is an offense that will appear on your record if you are convicted. One can commit the…
Sometimes convention goes out the window. I am currently representing a young client charged with shoplifting. Upon making our initial appearance, it became apparent that the alleged victim in the case, the store where he worked, was not interested in making any positive recommendations to the prosecutor as far as…
One of the effects of the 9-11 attacks was the development of the Homeland Security Administration and many new laws which are aimed at protecting national security. Many of these laws are directed at the transportation industry. The Transportation Security Administration was created to oversee and enforce many of these…
One of the most important aspects of a municipal court criminal or traffic matter is the discovery process. Rule 7:7-7provides the defendant with the absolute right to receive discovery consistent with the rule. Remember, the pertinent discovery must be requested in the proper manner proscribed by the rules. In most…