Serving Clients Throughout New Jersey

2020

Blog Posts in 2020

  • Benefits of a Criminal Trial Specialist

    Pursuing the Highest Standards of Excellence Our criminal defense lawyers at Brickfield & Donahue are not your average attorneys: We are Criminal Trial Specialists Certified by the Supreme Court of New Jersey . In December 2016, only 1,650 out of 75,000 active New Jersey lawyers earned this designation. Anyone can call themselves a criminal lawyer, but not everyone can be a criminal law ...
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  • People on Probation & Parole in NJ Can Vote

    Understanding A5283 Impacts on Voting Rights A revolutionary new bill affects New Jersey residents who are on parole or probation. As part of his Second Chance Agenda, Governor Phil Murphey signed A5823 on December 18, 2019 to restore voting rights to residents who are on parole or probation. Effective March 17, 2020, this bill can impact over 80,000 NJ citizens. Only 16 other states allowed ...
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  • Falsely Positive Breathalyzer Tests

    Drugs & Alcohol Aren’t the Only Causes of a DUI Breathalyzer tests are notoriously unreliable. Besides faulty test administration and defective equipment, several external and underlying factors can interfere with your breathalyzer test results and produce a false positive. Thus, it’s important to be aware of the factors that could put you at risk for a DUI charge: Medications : Prescription ...
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  • 5 Steps to Follow When Stopped by Police

    Avoid Further Trouble at All Costs Whether it’s your first time getting stopped by the police or not, interacting with them can be intimidating. Their presence alone is enough to provoke anxiety in some people, but when they stop you because they’re suspicious of your actions, your conduct could make or break you. One wrong move could cost you your freedom, or even your life. It doesn’t matter if ...
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  • Public Intoxication in New Jersey

    Public Drinking at Your Own Risk As summertime approaches, you may be eager to relax by the pool, enjoy barbeques and soak up the sun with a drink in hand. While it is more than acceptable to enjoy your summer, especially after suffering months of quarantine due to COVID-19, you must also keep something in mind. Unlike many states, public intoxication in New Jersey isn’t illegal . Now, this ...
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  • Social Media Use & Your Criminal Case

    Avoiding Social Media Is in Your Best Interests Many people use social media to check their notifications, browse the news and engage with posts and other people before even getting out of bed. In fact, about 7 in 10 Americans use social media to connect with each other, according to a PEW research study . Considering that social media has become a heavily integrated part of our daily lives, it’s ...
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  • Do I Qualify for Expungement?

    In simple terms, an expungement is a petition to the court to have your criminal record cleared. When granted, it means you are no longer required to disclose your criminal record on applications for employment, housing, professional licenses, or for other life opportunities. After an expungement, your record will not appear on a routine background check and if asked about any past arrests or ...
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  • What Does a Restraining Order Do?

    Restraining orders in New Jersey commonly result from allegations of domestic violence. These orders can only be issued by a Superior Court Judge after hearing evidence that the plaintiff (the victim) has been subject to some type of criminal behavior under The Prevention of Domestic Violence Act of 1991 by the defendant (the accused). These orders are also known as protective orders. Restraining ...
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  • What Is an Indictable Offense in New Jersey?

    Criminal offenses are labeled differently from state to state and across jurisdictions. Many states categorize the most serious crimes, known as felony offenses, into classes with labels of first-degree, second-degree, and the like while others may group them into Class A, Class B, and so on. New Jersey differs from other states in that the term “felony offense” was eliminated by the legislature . ...
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  • Understanding the Criminal Appeal Process

    If you are dissatisfied with a conviction or its sentencing in any of New Jersey’s courts, you have the right to file for an appeal to a higher court. It is important to remember, however, that an appeal is not a retrial where you will seek the positive outcome you failed to get the first time out. An appeal is a review of the lower court’s record based on the contention that legal errors or ...
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  • Can You Sleep In Your Car While Drunk?

    You leave the bar sometime after midnight. You don’t want to order an Uber or leave your car. At the same time, you know you’re unsafe to drive. Is it safe to sleep in your car while drunk? Definition of DUI In New Jersey, law enforcement does not need to witness you driving under the influence to charge you with a DUI. The only need evidence needed is the reasonable assumption that you recently ...
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  • Can a Breathalyzer be Wrong?

    Whenever you get behind the wheel of a car, you give “implied consent” to submit to a breathalyzer. Blow a high number, and you face charges. Refuse, and you might face other penalties. But what happens if a medical condition gives the breathalyzer a false reading? Can a breathalyzer be wrong? Ketosis A strict ketogenic diet is one of the top causes of false breathalyzer readings. As your body ...
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  • Is Buzzed Driving Drunk Driving?

    In the United States, most everyone knows that driving with a blood alcohol concentration of .08 or higher is illegal. Alcohol consumption impairs your thinking, reasoning, and muscle coordination, which are all vital when operating a vehicle. This law is put in place for the safety of everyone who is on the road. But is it the same for buzzed driving? Consider this hypothetical scenario: After ...
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  • What you Need to Know About New Jersey's Open Container Law

    Every driver should be aware that driving under the influence of alcohol is illegal. However, the laws behind open containers are less obvious, which can get people into legal trouble if it’s ever found in their vehicle. If you get pulled over, and there’s a half-full bottle of alcohol in the backseat, it won’t matter if you exclaim, “I didn’t drink any!” to the police officer. Today, our DUI ...
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