Recent Posts in Articles Category
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Probable Cause In New Jersey
Posted By Brickfield & DonahueProbable cause is a legal standard that is required for law enforcement to make an arrest, conduct a search, or seize property. In New Jersey, there are three components that must be met in order for probable cause to exist: reasonable suspicion, probable cause affidavit, and search and seizure. Defining Reasonable Suspicion and Probable Cause Understanding reasonable suspicion and probable cause ...Continue Reading -
The Megan's Law Tier Classification Hearing In New Jersey
Posted By Brickfield & DonahueThe 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 ...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 -
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 -
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 -
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 -
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 -
Should Courts Rely on Untestable Evidence of DUI?
Posted By Brickfield & DonahueA recent study released by the Seton Hall Center for Policy and Research takes a close look at New Jersey's adoption of the Alcotest 7110 MK III-C, made by Draeger AG & Co., as the state's sole sanctioned device for breath alcohol analysis. At the heart of the thorough review, which was headed by three members of the faculty at Seton Hall University: Draeger's refusal to consent to independent ...Continue Reading -
The Diversion Choice In New Jersey
Posted By Brickfield & DonahueWhat is a Diversion? Most if not all states have programs for first time offenders called diversionary programs. The purpose of these programs is to allow first time offenders an opportunity to get their lives back on track without the stigma of a criminal conviction. Once one successfully completes the diversion program all charges are dismissed. New Jersey has three diversion programs at the ...Continue Reading -
In January 2010 New Jersey enacted a new DWI/DUI law known as "Ricci's Law." The law was named after Ricci Branca, a 17 year old Egg Harbor Township teen who, while riding his bicycle, was struck and killed by a drunk driver. The driver of the vehicle that
Posted By Brickfield & DonahueBeing stopped for driving while intoxicated (DWI or DUI) during Thanksgiving, Christmas or New Year's is one of the most dreaded events in an otherwise law abiding citizen's life. It can affect anyone at anytime and it can have drastic effects upon one's life. It does not matter whether the driver is rich, poor, good or bad. It also does not matter what time of day or night it is or even what ...Continue Reading -
The Ignition Interlock Device Under New Jersey's DWI Law
Posted By Brickfield & DonahueIgnition Interlock Device - NJ Rules and Regulations In January 2010 New Jersey enacted a new DWI/DUI law known as "Ricci's Law." The law was named after Ricci Branca, a 17 year old Egg Harbor Township teen who, while riding his bicycle, was struck and killed by a drunk driver. The driver of the vehicle that killed Ricci Branca had consumed approximately ten (10) glasses of wine at a restaurant ...Continue Reading -
10 Do's and Don'ts Under New Jersey DWI Law
Posted By Brickfield & DonahueThe DWI in New Jersey is quickly becoming the common man's/woman's initial brush with the court system. While a DWI in New Jersey is not a criminal offense (as it is in some other states) it nonetheless contains some criminal aspects such as handcuffs (sometimes), arrest and detention that make it appear as if the accused is being charged with a crime. There is also possible jail time associated ...Continue Reading -
License Suspension and the Conditional Discharge Under New Jersey Law
Posted By Brickfield & DonahueThe State of New Jersey has very harsh penalties associated with drug crimes. In addition to the prospect of jail time, parole, probation and fines, New Jersey also requires, under N.J.S.A. 2C:35-16, that individuals found guilty of drug offenses must lose their driver's license for a minimum of 6 months to a maximum of 2 years. This license suspension provision may even apply in the context of a ...Continue Reading -
Permit To Carry A Handgun in New Jersey
Posted By Brickfield & DonahueUnder New Jersey law, an application for a permit to carry a handgun can be fairly straightforward. Actually getting a permit to carry is another story. Once a carry permit is issued, any person holding a permit to carry is authorized for a period of 2 years to carry a handgun in all parts of the State with certain exceptions. 1 Those exceptions include carrying a firearm in or upon any building ...Continue Reading -
Expunging a Drug Distribution Charge in New Jersey
Posted By Brickfield & DonahueThe expungement statute and the law surrounding an expungement in New Jersey is often complex and confusing. The law is clear, however, about the policy behind an expungement. Under New Jersey law, expungements are about "providing relief to the one time offender who has led a life of rectitude and [has] disassociated himself [from] unlawful activity." N.J.S.A. 2C:52-32. Despite the clear purpose ...Continue Reading -
Former NFL player indicted in New Jersey for mortgage fraud
Posted By Brickfield & DonahueIn October of 2013, a former NFL player and his mother were indicted in New Jersey for being involved in a mortgage scam. The football player played as a wide receiver played on four different NFL teams between 1984 and 2000, two of which were the New England Patriots and Philadelphia Eagles. At the time of his indictment, he was the pastor of a local church that he founded and the head football ...Continue Reading -
NJ overcriminalization results in unnecessary jail time for the innocent
Posted By Brickfield & DonahueOvercriminalization is a national problem that involves misinterpretation of the law, resulting in incarceration of innocent Americans. Many Americans believe that when a person is convicted of a crime and sent to prison, they have committed a grievous crime, such as murder or theft, and society is made a better place by having them locked away. In some situations, however, this is simply not the ...Continue Reading -
Americans have second thoughts on the decades old war on drugs
Posted By Brickfield & DonahueIn the past 30 years, the federal prison population has increased significantly due, in large part, to mandatory minimum sentences for drug crimes. NBC News recently reported that the federal prison population has declined for the first time in 34 years. Attorney General Eric Holder, speaking at a criminal justice conference, attributed the decline to the Justice Department's attempts to become ...Continue Reading -
Child pornography sweep illustrates the severe penalties of this crime
Posted By Brickfield & DonahueDue to recent changes to New Jersey’s child pornography laws, a man now faces a prison sentence of up to 20 years if he is convicted. Possessing, distributing or creating child pornography is a crime associated with severe penalties in the state of New Jersey and on the federal level. For example, according to CBS New York, 14 men in New Jersey were recently arrested in a child pornography sweep. ...Continue Reading -
New NJ bill seeks to make 'sexual assault by fraud' a criminal offense
Posted By Brickfield & DonahueA new bill would make “sexual assault by fraud,” or sexual relations resulting from intentional deception, a criminal offense in New Jersey. As many people in New Jersey know, allegations of rape, sexual assault and other sex crimes can become complicated when the alleged victim and attacker have an existing relationship. Misunderstandings between anyone from spouses to friends can result in ...Continue Reading -
Understanding drunk driving in New Jersey
Posted By Brickfield & DonahueDrivers who have been arrested for drunk driving should get the facts about the laws and penalties in New Jersey. People who live and drive in Bergen County likely know that New Jersey's drunk driving laws are very strict. A conviction for driving while intoxicated can have serious ramifications that impact virtually every part of a person's life. While many states impose felony charges for some ...Continue Reading
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