Blog Posts in 2017
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Beware Identity Theft This Holiday Season!
Posted By Brickfield & DonahueThe holidays are here, and that means fun and joyful celebrations for many people. But that doesn’t mean criminals are also taking a break from the grind of their daily life. In fact, quite the opposite: certain crimes spike dramatically during the holidays, especially identity theft. With more and more people choosing electronic forms of payment, it’s now easier than ever to have your identity ...Continue Reading -
Handling Your DUI with a Past Conviction
Posted By Brickfield & DonahueMost people worry about being pulled over for a DUI for the 1 st time, never mind the 2 nd or 3 rd time. Those who have been convicted of driving under the influence (DUI) in the past have the most to worry about, as criminal conviction of each subsequent DUI increases the punishment level. A 2 nd , 3 rd , or even 4 th conviction means offenders are afforded far less leniency by the court. These ...Continue Reading -
Why Is My Child Being Tried as an Adult?
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In the state of New Jersey, minors under the age of 18 are usually adjudicated in the juvenile court system , where punishment is typically more lenient in favor of a focus on rehabilitation. However, there are some circumstances where juveniles may be transferred to adult court. When this happens, minors are subject to much harsher consequences – consequences that can forever alter their lives. ...
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Do Police Have to Have a Warrant to Make an Arrest?
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When it comes to criminal defense , exploring all the facts and circumstances surrounding an arrest is critical. This is because law enforcement officers are obligated to abide by the law and obey certain rules and procedures so as not to violate an individual’s rights. Should it be discovered they failed in this obligation, it can be a significant factor in one’s defense – a factor that may ...
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Will I Lose My Commercial Driver’s License If I Get a DUI?
Posted By Brickfield & DonahueCommercial motor vehicle (CMV) drivers face much more severe penalties for driving under the influence (DUI) than the average passenger vehicle driver. Likely, this severity is the result of the vehicles they drive. CMVs such as big rigs can weigh anywhere from 10,000 to 80,000 pounds. If a driver loses control of a CMV, he or she can cause extensive amounts of damage to other drivers and ...Continue Reading -
New Jersey Hazing Law
Posted By Brickfield & DonahueHazing is a type of initiation ceremony practiced in the United States. It usually involves the practice of rituals, challenges, and other activities involving abuse, humiliation, or harassment. College fraternities have acquired a poor reputation for their hazing practices, some of which have led to the physical harm or even deaths of some initiates. Since 1970, there has been at least one ...Continue Reading -
Arson Defense Lawyer on Fire in Court
Posted By Brickfield & DonahueEarlier this year, in March of 2017, a Miami defense attorney was on fire in court—literally. As he began his closing arguments defending a man accused of arson in front of the jury, Attorney Stephen Gutierrez’s pants burst into flame. His closing argument specified his client’s car spontaneously combusted and was not intentionally set aflame; during this time, the attorney had been fiddling in ...Continue Reading -
DUIs & Employment Background Checks: What You Should Know
Posted By Brickfield & DonahueOne of the biggest reasons you should fight to avoid a conviction of driving under the influence (DUI) is to avoid the consequences of having a criminal record. A DUI conviction, even an impaired driving charge that doesn’t end with a sentence, can negatively affect your career. This adverse effect can particularly harm offenders who hold a commercial driver’s license (CDL) or who usually drive as ...Continue Reading -
An Overview of New Jersey's Ignition Interlock Laws
Posted By Brickfield & DonahueBeing arrested and charged with driving under the influence can carry a number of heavy consequences, even for first-time offenders. In addition to large fines, jail time, license restrictions, mandatory drug and alcohol classes, you may be required to install an ignition interlock device in any vehicle you drive. An ignition interlock device is essentially a breathalyzer that functions as a ...Continue Reading -
Five Tips to Avoid a DUI This Summer
Posted By Brickfield & DonahueSummer is full of celebrations. In addition to the popular Memorial Day, Labor Day, and Independence Day holidays, lots of New Jersey residents choose to enjoy the warm weather with barbecues, pool parties, and other get-togethers with family and friends. These numerous occasions mean lots of alcohol will be consumed over the next several months, and that means law enforcement will be increasing ...Continue Reading -
The Difference Between a Bench Warrant and an Arrest Warrant
Posted By Brickfield & DonahueThere are many different types of warrant a judge could issue in the state of New Jersey. However, only two of them have similar conclusions—both will lead to the arrest of an individual. Despite the same results, there is a significant difference between the two. Difference Between an Arrest Warrant and a Bench Warrant An arrest warrant is an order issued after a grand jury or law enforcement ...Continue Reading -
Understanding the Importance of New Jersey’s Rules of Evidence
Posted By Brickfield & DonahueRules of evidence concern what can and can’t be admitted into the record of a legal proceeding as evidence in both civil and criminal proceedings. Evidence also covers the burden of proof, admissibility, relevance, weight, and sufficiency of what should be admitted to the prosecution’s case against you. The Federal Rules of Evidence govern the admissibility of evidence in federal trials, but each ...Continue Reading -
Technology & Criminal Convictions
Posted By Brickfield & DonahueTechnology has become a staple of the modern world. In the United States, you can’t throw a stone without hitting someone speaking on a smartphone. Most people have computers at home, or access to public computers at the library. People even carry around technology on their bodies, such as wireless headphones or smart watches. Most of this technology also developed over the past 20 to 30 years, ...Continue Reading -
Can a NJ Defendant Claim Insanity for a DWI?
Posted By Brickfield & DonahueA driving while intoxicated (DWI) charge can lead to some severe penalties in the state of New Jersey. As such, many defendants and defense attorneys have pursued a variety of defenses when facing a DWI criminal charge. One of the potential defenses for any crime is the insanity defense, or whether or not a defendant was incapable of understanding the wrongful nature of their conduct at the time ...Continue Reading -
New Jersey Bail Reform in 2017
Posted By Brickfield & DonahueTaking 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 ...Continue Reading
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