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  • Articles

    The latest posts for Articles are listed below.
    • The Megan's Law Tier Classification Hearing In New Jersey

      The Registrant Risk Assessment Scale In New Jersey, shortly after a Megan's Law offender is released from prison or shortly after he or she is placed on probation, the State (oftentimes the applicable County Prosecutor's Office) will serve him or her with a Registrant Risk Assessment Scale ("RRAS") form. Below is an outlined basis for a Megan's Law Tier classification. The Megan's Law Tier ...
    • Arson Defense Lawyer on Fire in Court

      Earlier 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 ...
    • 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 ...

    Criminal Defense

    The latest posts for Criminal Defense are listed below.
    • Can a Felon Get a U.S. Passport in NJ?

      Who Is Ineligible for a Passport? Certain felons may be ineligible for a passport because of the type of offense they committed. Specifically, under 22 U.S. Code § 2714 , a person convicted of a federal drug offense, or a state felony drug offense can be denied issuance of a U.S. passport when they are imprisoned or on parole or supervised release as a result of their conviction. In some cases, a ...
    • What Is Criminal Mischief?

      Vandalism or Criminal Mischief Charges in New Jersey In New Jersey, criminal mischief is basically the crime of vandalism , which involves illegally damaging another person’s property. Under N.J.S.A. § 2C:17-3 , criminal mischief is legally defined as purposely, knowingly, and/or recklessly: damaging someone else’s physical property with the use of fire, explosives, or other dangerous means, or ...
    • Fake IDs & Underage Drinking in NJ

      What Happens If You Get Caught with a Fake ID? Underage teens may obtain and use fake IDs to buy alcohol . However, it is not only illegal to consume alcohol when you are underage, but it is also illegal to possess or use a fake ID. According to N.J.S.A. §2C:21-2.1, it is unlawful to display a false document that is meant to represent a document issued by the government, such as a fake ID, ...

    Drug Charges

    The latest posts for Drug Charges are listed below.
    • Prescription Drug Possession & Distribution

      According to N.J.S.A. § 2C:35-10.5 , it is illegal for a person to knowingly possess or distribute prescription drugs without a legitimate prescription from a licensed practitioner. You can be accused of violating this law in connection with prescription medications including but not limited to: OxyContin or oxycodone Adderall Vicodin Percocet Xanax Valium Ritalin Roxycontin Diazepam Important ...
    • Is a Marijuana DWI Considered as Serious as an Alcohol-Related One?

      In popular culture, marijuana usage is often portrayed in a more casual light than taking hard drugs or drinking alcohol. Because of this, when people think of incidents involving someone driving while intoxicated or impaired (DWI), the first thing to come to mind is usually drunk driving. In addition, the way marijuana use is portrayed also impacts how marijuana DWIs are viewed. In many cases, a ...
    • New Jersey Courts Expunge Over 360,000 Marijuana Cases

      On September 16, 2021, the New Jersey Judiciary announced that the state has expunged over 362,000 marijuana cases since July 1 – with thousands more to come. The move comes months after the New Jersey Supreme Court issued an order, which “provides for the dismissal, vacating, and expungement of certain marijuana and hashish cases from criminal records. In 2019, Governor Phil Murphy signed ...

    Drunk Driving

    The latest posts for Drunk Driving are listed below.
    • Is a Marijuana DWI Considered as Serious as an Alcohol-Related One?

      In popular culture, marijuana usage is often portrayed in a more casual light than taking hard drugs or drinking alcohol. Because of this, when people think of incidents involving someone driving while intoxicated or impaired (DWI), the first thing to come to mind is usually drunk driving. In addition, the way marijuana use is portrayed also impacts how marijuana DWIs are viewed. In many cases, a ...
    • DWI with a Minor Passenger in New Jersey

      A DWI conviction in New Jersey can result in harsh criminal penalties, such as fines, driver’s license suspension, and potentially jail time. However, if you are pulled over for drunk driving with a child in the vehicle, you could face more serious consequences. According to state law, it is a “disorderly persons offense” to drive while impaired with a minor who is 17 years old or younger in the ...
    • No License Suspension for Most First DUI Offenders in NJ

      As of December 1, 2019, most first-time DWI offenders in New Jersey will not have their driver’s licenses suspended. However, anyone who is convicted of drunk or drugged driving must install an ignition interlock device (IID) in their vehicle(s). According to updated DWI laws, if a first offender is convicted of a DWI with a blood alcohol concentration (BAC) of below .15 percent, license ...

    DUI/DWI

    The latest posts for DUI/DWI are listed below.
    • Is a Marijuana DWI Considered as Serious as an Alcohol-Related One?

      In popular culture, marijuana usage is often portrayed in a more casual light than taking hard drugs or drinking alcohol. Because of this, when people think of incidents involving someone driving while intoxicated or impaired (DWI), the first thing to come to mind is usually drunk driving. In addition, the way marijuana use is portrayed also impacts how marijuana DWIs are viewed. In many cases, a ...
    • How a DWI/DUI Conviction Can Affect Your Car Insurance

      When you are convicted of a DWI/DUI , you can expect there to be financial consequences. Not only will your car insurance rates increase but you will also face multiple financial penalties as a result of your conviction. The Financial Consequences of a DUI Conviction If you are convicted of a DUI in New Jersey, the penalties vary based on whether this is a first-, second-, or third-time offense. ...
    • DWI with a Minor Passenger in New Jersey

      A DWI conviction in New Jersey can result in harsh criminal penalties, such as fines, driver’s license suspension, and potentially jail time. However, if you are pulled over for drunk driving with a child in the vehicle, you could face more serious consequences. According to state law, it is a “disorderly persons offense” to drive while impaired with a minor who is 17 years old or younger in the ...

    Expungement

    The latest posts for Expungement are listed below.
    • What Are My Rights if I'm Arrested in New Jersey?

      If you’ve been arrested, a million thoughts likely raced through your mind while under custody. Will I go to jail? If so, how long will I be there? How will this affect the rest of my life? What will my family and friends think? Is there any hope for me in my circumstances? When in this scenario, it’s essential you know your rights and secure the representation of an experienced criminal defense ...
    • New Jersey Courts Expunge Over 360,000 Marijuana Cases

      On September 16, 2021, the New Jersey Judiciary announced that the state has expunged over 362,000 marijuana cases since July 1 – with thousands more to come. The move comes months after the New Jersey Supreme Court issued an order, which “provides for the dismissal, vacating, and expungement of certain marijuana and hashish cases from criminal records. In 2019, Governor Phil Murphy signed ...
    • 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 ...

    Gambling

    The latest posts for Gambling are listed below.
    • What Changed About the Legality of Sports Gambling?

      If you’re a fan of sports at all or even have simply been keeping up with the news, you’ve probably heard a fair amount about sports gambling this year, and for a good reason: in May the Supreme Court struck down the Professional and Amateur Sports Protection Act, a 1992 law which prohibited all but four states from legalizing gambling on sporting events. The four exempted states? Oregon, ...

    In the News

    The latest posts for In the News are listed below.
    • New Jersey Courts Expunge Over 360,000 Marijuana Cases

      On September 16, 2021, the New Jersey Judiciary announced that the state has expunged over 362,000 marijuana cases since July 1 – with thousands more to come. The move comes months after the New Jersey Supreme Court issued an order, which “provides for the dismissal, vacating, and expungement of certain marijuana and hashish cases from criminal records. In 2019, Governor Phil Murphy signed ...
    • Recreational Cannabis Market to Be Established in NJ

      New Jersey Commission Approves Regulated Marijuana Marketplace On August 19, 2021, New Jersey’s cannabis regulators approved rules to set up the state’s recreational marijuana market . While recreational marijuana was officially legalized for adults ages 21+ in February of this year, a marketplace was not yet established. Now that cultivator licenses are up for grabs in the Garden State, New ...
    • COVID-19 Brings Increase in Anti-Asian Hate Crimes

      Anti-Asian Hate Crimes Increasing During Pandemic The COVID-19 pandemic brought more than a virus into our nation. It also brought a wave of anti-Asian hate crimes in populous US cities, such as the Bay Area, New York, and Los Angeles. A report by California State University’s Center for the Study of Hate and Extremism reveals a nearly 150% increase in anti-Asian hate crimes across 16 major cities ...

    License Suspensions

    The latest posts for License Suspensions are listed below.
    • Is a Marijuana DWI Considered as Serious as an Alcohol-Related One?

      In popular culture, marijuana usage is often portrayed in a more casual light than taking hard drugs or drinking alcohol. Because of this, when people think of incidents involving someone driving while intoxicated or impaired (DWI), the first thing to come to mind is usually drunk driving. In addition, the way marijuana use is portrayed also impacts how marijuana DWIs are viewed. In many cases, a ...
    • No License Suspension for Most First DUI Offenders in NJ

      As of December 1, 2019, most first-time DWI offenders in New Jersey will not have their driver’s licenses suspended. However, anyone who is convicted of drunk or drugged driving must install an ignition interlock device (IID) in their vehicle(s). According to updated DWI laws, if a first offender is convicted of a DWI with a blood alcohol concentration (BAC) of below .15 percent, license ...
    • 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 ...

    Probation

    The latest posts for Probation are listed below.
    • Probation Violations in New Jersey

      Probation vs. Parole: What’s the Difference? Parole is a supervised early release from prison for those who were sentenced to jail or prison time. Probation is an alternative to imprisonment, and defendants sentenced to probation do not serve their time in jail or prison. Probation Violations Just as each case is unique, the terms of your probation are unique and will differ on a case-to-case ...
    • 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 ...
    • Can I Go on Vacation While on Probation in NJ?

      A conviction can result in a wide variety of punishments, including probation . There are several conditions a person must follow when sentenced to probation, such as travel restrictions. So, what happens when the family plans to take a trip to another state or country? If you are on probation in New Jersey, are you allowed to join your loved ones on vacation? The answer is that you must obtain ...

    Sex Crimes

    The latest posts for Sex Crimes are listed below.
    • New Jersey Internet Sex Crimes

      Is Watching Pornography a Crime? You can legally watch porn—if you do so in private. Because of a ruling made by the New Jersey Superior Court, Appellate Division in 2019, it is a fourth-degree criminal offense to watch adult pornography in your parked car if it is in plain view of others (State vs. Lomanto, Docket No. A-5273-16T4). This act is considered an instance of public obscenity (N.J.S.A. ...
    • What Happens if You Knowingly Infect Someone with HIV?

      Can You Go to Jail for Giving Someone HIV? The Human Immunodeficiency Virus (HIV) has had a long, deadly history here in the US. In today’s day and age, however, our advances in medicine have allowed people living with HIV (PLHIV) to live long, healthy lives. Despite these advancements, 37 states criminalize HIV exposure, including New Jersey. Not only that but some PLHIV have been charged with ...
    • What is the Age of Consent in New Jersey?

      Consent Laws in NJ The age of consent in New Jersey is 16 years old, meaning that anyone who is at least 16 years of age can legally consent to sexual activity with another adult—no matter what age. A person who is at least 13 years old can consent to sexual intercourse with anyone who is at most four years older, allowing minors below the age of consent—but who are also close in age—to have ...

    Theft Crimes

    The latest posts for Theft Crimes are listed below.
    • Porch Pirates: Data, Penalties & Legal Defense

      Key Findings on Porch Piracy Since March 2020, an increasing amount of people have resorted to online shopping to better avoid going out in public and taking the risk of spreading or getting ill from COVID-19. For instance, people can order groceries, clothes, household supplies, and holiday gifts from the comfort of their own homes. In fact, government officials have encouraged Americans to ...
    • What Is the Most Shoplifted Book?

      The Irony of “Thou Shalt Not Steal” Among the most shoplifted books in the world is the Bible, according to several sources including CNN and the NY Times . Yes, that’s right. The word of God is in such high demand that people resort to shoplifting to get their hands on it. Despite a common reason for shoplifting the Bible being that it should be free of charge, the law can be brutal when ...
    • Common Cybercrimes in New Jersey

      The internet has become a huge part of our lives in today’s society, whether it’s communicating with peers and sharing photos of daily activities or staying current with the news and even performing work tasks. However, there are many crimes that are committed online. The following are the most common cybercrimes in New Jersey: Child pornography – While child pornography has existed prior to the ...

    Weapons Charges

    The latest posts for Weapons Charges are listed below.
    • Carrying a Handgun Without a Permit in NJ

      Permits to Carry Handguns | N.J.S. 2C:58-4 New Jersey Statute § 2C:58-4, a person should have a valid permit to carry a handgun , and a single permit covers all handguns that a permit holder has. Thus, it is illegal to possess a handgun without a permit to carry it. While you can have a gun inside your home, it becomes to carry it once you have it on your person outside of your home or in your car ...
    • What Disqualifies You from Gun Ownership?

      The Second Amendment is an integral part of our constitutional rights in America. You have a right to protect yourself and your property. However, the right to bear arms is conditional and subject to reasonable limitations. Your right to bear arms can be affected —and essentially restricted —if you are convicted of certain federal or state crimes and felonies. It is important to note that New ...
    • When Does a Legal Firearm Become Illegal?

      Limitations on Your Right to Bear Arms The Second Amendment is a crucial constitutional right in America. While countless citizens exercise their right to bear arms, many people don’t realize that strict rules govern who can and cannot possess a firearm. New Jersey, like many states, strictly enforces the legal possession of firearms, therefore it’s beneficial to learn its firearm laws to best ...

    White Collar Crimes

    The latest posts for White Collar Crimes are listed below.
    • Romance Scammers on Online Dating Apps

      Are You a Romance Scammer? Online dating apps are increasingly common in this day and age. Single people use online dating apps to meet and mingle, hoping to find a casual hookup or committed love. In fact, a Pew Research Center study reveals that 48% of 18-to-29-year-olds report using a dating site or app, while roughly 57% of online daters report having an overall positive experience with these ...
    • Florida Judge Rules Bitcoin Isn't Money in Landmark Case

      If you’ve been paying any attention to the news for the last several months, you’ve probably heard quite a bit of noise about this thing called “bitcoin.” Bitcoin is one of thousands of different types of cryptocurrency, a type of money that has no physical form and is used expressly in electronic financial transactions. It’s easy to see the appeal of bitcoin: it’s not connected to any single ...
    • Four Common Internet Crimes & Their Penalties

      When it comes to influential technology over the last couple of decades, you’d be hard-pressed to argue that the internet isn’t on the top of the list. While the worldwide web has enabled us to stay connected to each other easier and put a wealth of information right at our fingertips like never before, it’s also led to a whole new variety of crimes. While some of these offenses would never have ...
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