In State v Marquez, the NJ Supreme Court held that an individual arrested for DWI/DUI has the right to be informed of the consequences of refusing to consent (to submit) to an Alcotest (Breathalyzer) in the language that they speak. In this case, the defendant was arrested for DWI in…
The NJ Supreme Court recently decided State v Privott. The holding is pretty interesting. Basically, the court held that when an officer has the right to conduct a “Terry” pat-down search for weapons, i.e. the officer has reason to suspect that the suspect may have weapons, the officer does not…
The United States Supreme Court recently decided an important case for non-citizens, lawfully present in the United State, with multiple simple drug possession convictions. In CARACHURI-ROSENDO v. HOLDER, the Court shifted course, and held that a second conviction for simple possession is not necessarily an aggravated felony, and does not…
Not all DWI offenses are alike. The facts and circumstances of any NJ driving while intoxicated offense will determine the possible penalties the defendant faces. For example, many are unaware that if you were involved in a motor vehicle accident while DWI, you can be charged with an indictable offense…
For any individual charged with DWI after January 15, 2010, take note…if you are facing a first conviction for DWI, and your BAC was .15 or above, or you are facing a refusal offense, or second or subsequent DWI charge, you will also be facing the mandatory imposition of an…
I represented a defendant who was initially charged with possession of heroine. Heroine possession is a third degree indictable criminal offense. After extensive discussion with the Essex County Prosecutor’s Office, the charge was remanded to the municipal court in Newark where my client now faced a drug paraphernalia complaint. Having…
A provision harsh provision of the Driving While Suspended law was recently repealed by the NJ legislature. Under the former NSJA 39:3-40(g), if a defendant’s license was suspended for failure to pay surcharges, the statute called for an additional $3000 fine to be paid to and collected by the Motor…
After a long and hard-fought battle, I finally achieved the success I had hoped for in the Elizabeth Municipal Court. My client was convicted of Driving without insurance. After he was convicted, he was then charged again in a different municipality with driving without insurance and driving while suspended because…
Has your child been charged with a criminal or traffic offense. Are you underage and been accused of a crime or traffic violation. I am a Newark NJ Juvenile attorney and represent minors/juveniles facing both motor vehicle and criminal charges. Under most circumstance, when a juvenile is charged with a…
There is typically very little uniformity in the Various NJ municipal courts regarding plea offers and commonly charged traffic and criminal offenses. As a New Jersey Municipal Court lawyer, I have appeared in MANY different municipal courts. Therefore, I am usually aware of how my clients charges will be viewed…