Blog Posts in 2016
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What Happens When You're Added to the NJ Sex Offender Registry
Posted By Brickfield & DonahueSex 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 ...Continue Reading -
Misdemeanors Vs. Felonies - Severities of Criminal Violations
Posted By Brickfield & DonahueIf 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?” ...Continue Reading -
How Can Probation Be Violated?
Posted By Brickfield & DonahueBeing 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 ...Continue Reading -
Erase Your NJ Criminal Record Through Expungement
Posted By Brickfield & DonahueArrests 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 ...Continue Reading -
A Guide to DWI License Suspensions in New Jersey
Posted By Brickfield & DonahueArguably 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 ...Continue Reading -
State vs. Federal Crimes
Posted By Brickfield & DonahueIn 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 ...Continue Reading -
Fraud charges can affect others in an organization
Posted By Brickfield & DonahueIndividuals 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 ...Continue Reading -
Simple Assault
Posted By Brickfield & DonahueTempers 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 ...Continue Reading -
Shoplifting
Posted By Brickfield & DonahueShoplifting 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 ...Continue Reading -
New Jersey Cracks Down on DUI/DWI Offenders
Posted By Brickfield & DonahueRecently, 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 ...Continue Reading -
Civil Forfeitures
Posted By Brickfield & DonahueWhat 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 ...Continue Reading -
New Jersey's DWI Refusal Statute
Posted By Brickfield & DonahueVirtually 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 ...Continue Reading -
New Jersey's Ticket to a Criminal Dismissal - The Conditional Discharge
Posted By Brickfield & DonahueNew 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 ...Continue Reading -
No Place to Run For those Fleeing Police
Posted By Brickfield & DonahueIt 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 ...Continue Reading -
Parole Supervision For Life
Posted By Brickfield & DonahueMost people have heard about and understand the basic law associated with Megan's Law. The law refers to a type of federal or state statute passed after the death of Megan Kanka, a seven year old girl from Hamilton, New Jersey who was sexually assaulted and later killed by a neighbor in 1994. Megan's Law, in the State of New Jersey, applies to those individuals who have been convicted of certain ...Continue Reading
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