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  • New Jersey Bail Reform in 2017

    Taking effect in January 2017, major changes are happening to New Jersey’s bail system. New Jersey voters approved a 2014 amendment which eradicated the state constitutional right to bail that allows defendants to be released from jail on bail unless they didn’t have the money. Instead of a judge setting a monetary bail, courts will rate defendants based on security risks. The following is a ...
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  • What Happens When You're Added to the NJ Sex Offender Registry

    Sex crime convictions in New Jersey can be severe, including lengthy jail sentences and steep fines with the possibility of additional restitutions paid to the alleged victim. Arguably the most damaging of penalties, however, is the mandatory registration to the New Jersey sex offender list . Even people convicted of low-level, nonviolent sex crimes, such as public lewdness , will need to ...
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  • Misdemeanors Vs. Felonies - Severities of Criminal Violations

    If you are placed in handcuffs, put in a jail cell, and book for a criminal violation, you have allegedly committed either a misdemeanor or a felony . You should actually be told which one pertains to your arrest but that is probably all the information you are going to get upfront. It begs the questions, “How are misdemeanors different from felonies? And should I be concerned about it?” ...
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  • How Can Probation Be Violated?

    Being granted probation instead of jail time following a criminal conviction can feel like a weight is lifted off your shoulders. Instead of going behind bars for a year or so, you get to stay in your home and neighborhood, living as you normally would – with a few stipulations. The average probation will come with a few or all of these common condition requirements: Regular meetings with an ...
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  • Erase Your NJ Criminal Record Through Expungement

    Arrests and criminal convictions rarely only affect a person’s life while their criminal case is open or while they are serving their sentence. Depending on the severity of the offense, a past arrest or criminal charge can negatively impact a person’s life for years to come, hindering their employment prospects and preventing them from re-assimilating into society. Fortunately, certain individuals ...
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  • A Guide to DWI License Suspensions in New Jersey

    Arguably one of the most devastating consequences of an arrest for driving under the influence (DUI) or driving while intoxicated (DWI) is the resulting driver’s license suspension. As if the threat of criminal consequences and expensive fines were not reason to worry enough, losing one’s driving privileges can be devastating to a person’s mobility and hinder their ability to travel to places such ...
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  • State vs. Federal Crimes

    In the United States, the federal government, as well as each individual state, has laws which classify and regulate criminal conduct. Generally, state crimes violate laws that are specific to that state, such as traffic violations, and federal crimes violate the federal legal code, such as producing counterfeit money. However, there are many areas of the law which can overlap and whether a crime ...
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  • Fraud charges can affect others in an organization

    Individuals involved in running a business or organization with other people run the risk of being accused of wrongdoing when one of the owners or organizers is charged with fraud and other crimes. New Jersey charity organizers can learn a lesson from a recent case in which commission of a federal crime by one of two charity organizers could have had dire consequences for the other one. A ...
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  • Simple Assault

    Tempers flare. Threats get made. A punch gets thrown. Someone screams. And suddenly the police are on the scene. The charge could be simple assault. Maybe. There is nothing simple about simple assault under New Jersey law. For one thing, the victim doesn't even have to be injured. For another thing, the charge may depend on the victim's job. Or, it might turn on what the assailant said or whether ...
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  • Shoplifting

    Shoplifting is no longer a minor offense in New Jersey. The value of goods stolen as a result of retail theft in America is estimated to be $36 billion a year. Paramus, New Jersey, for example, has the largest dollar amount of retail sales of any ZIP Code in America and the highest number of thefts of any municipality in Bergen County. As a result of huge amount of losses suffered by retailers ...
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  • New Jersey Cracks Down on DUI/DWI Offenders

    Recently, states across the nation have toughened their DUI/DWI laws in an effort to reduce repeat offenses, prevent accidents and encourage drivers to think twice before drinking and driving. New Jersey has proved no exception to this trend as it strengthened its DUI/DWI punishment scheme on several fronts shortly after the first of the year. Backlash Against the Crusader The media has reported ...
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  • Civil Forfeitures

    What is a Civil Forfeiture? Your car, your money, your boat, maybe even your house-if law enforcement claims that you have used your property to commit a crime, the prosecutor may ask a civil court in a Civil Forfeiture Action to declare that the property be forfeited to the State. And, if you profited from a crime and then bought property (say, an expensive car) with that cash, it's the same ...
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  • New Jersey's DWI Refusal Statute

    Virtually all U.S. states have laws on the books which state that drivers have given their implied consent to submit to a test to determine the driver's blood alcohol content ("BAC"). New Jersey is no different. In New Jersey the law is commonly known as New Jersey's "Refusal Statute". What Happens if a Driver Refuses to Submit a Breath Sample? The Refusal Statute (N.J.S.A. 39:4-50.4a) essentially ...
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  • No Place to Run For those Fleeing Police

    It can be a terrifying experience to see flashing lights in your rearview mirror. Your mind races, thinking what could possibly happen to you if you stop the car. Some people decide that they will try to outrun the police. In the long run, this makes a bad situation worse. When police are finally able to stop you, the benefit of the doubt is gone. Charges will be enhanced, making some defenses or ...
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  • New Jersey's Ticket to a Criminal Dismissal - The Conditional Discharge

    New Jersey, like most states, has diversionary programs for certain first time criminal offenders. The three diversion programs in New Jersey are the Conditional Discharge (also know as "Chapter 36A" or "Section 36"), the Conditional Dismissal Program and the Pre-Trial Intervention Program (also known as "PTI"). See Diversions. What is a Conditional Discharge? The Conditional Discharge program is ...
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