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Criminal Defense

Recent Posts in Criminal Defense Category

  • 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 ...
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  • 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 ...
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  • 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, ...
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  • 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 ...
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  • Assault by Automobile or Vessel in New Jersey

    Legal Definition of Assault by Auto According to N.J.S.A. § 2C:12-1, an assault by auto or vessel occurs when a person recklessly drives their vehicle and causes bodily or serious bodily injury to another person. As it relates to this statute, a vessel is considered a “means of conveyance for travel on water and propelled otherwise than by muscular power.” In short, it’s a boat, ship, or ...
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  • 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. ...
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  • 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 ...
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  • What Are Grounds for Appealing an Excessive Sentence?

    Late last year, a trial involving a 2019 truck wreck in Colorado made national news. According to CBS News, the accident involved a truck crashing into stopped traffic while traveling on Colorado’s Interstate 70 near Denver. In the aftermath of the wreck, four people were killed and many others were injured. The truck driver who caused the crash claimed that the wreck happened because his brakes ...
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  • 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 ...
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  • Can Juveniles Be Tried as Adults in New Jersey?

    If your child has been arrested and charged with a criminal offense, you know how stressful and worrisome this situation is as a parent. The idea of your child being adjudicated (or undergoing judgment and receiving a sentence for their crimes) in the juvenile court system is likely less intimidating. Sentences issued in juvenile court tend to be more lenient with a goal toward rehabilitation, in ...
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  • 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 ...
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  • 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 ...
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  • Simple Assault vs. Aggravated Assault in NJ

    There are two types of assault charges in New Jersey: simple assault and aggravated assault . As the names apply, simple assault is less harsh compared to aggravated assault. Simple Assault in New Jersey Generally, simple assault means harming another person and causing minor injuries (e.g., small cuts and bruising), as well as threatening or attempting to harm someone else. This violent crime is ...
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  • Sentencing for Multiple Offenses

    How Does Sentencing for Multiple Charges Work? Getting charged for multiple crimes is not just frightening — it can derail your livelihood. Charges are merely accusations and do not equate to a conviction. This is reassuring to know, although, it’s important to prepare for the worst and hope for the best when faced with criminal charges. Getting charged with one crime versus multiple crimes can ...
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  • 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 ...
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  • 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 ...
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  • Is It Illegal to Leave a Child in a Car in NJ?

    New Jersey Unattended Child Law Parents have a lot on their plates. Besides working and maintaining their homes, they must tend to their children day-in and day-out. Although rewarding, the life of a parent can be overwhelming and exhausting. As such, it is easy for parents to forget the basics sometimes . Their daily routines may get disrupted, causing parents to forget even the most obvious ...
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  • Common Mistakes in Police Report Writing

    What Could Happen if My Police Report is Poorly Written? Police reports are the backbone of the criminal justice system, as they lay the foundation for a criminal case. For this reason, police reports are considered legal documents that only trained officials can complete. Details matter, as any mistake made in a police report could affect the entire case. Luckily, attorneys are skilled at ...
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  • How Does Drug Court Work in NJ?

    What Is Drug Court? Drugs and alcohol are significant factors in the commission of crimes. People suffer altered states of mind and poor judgment skills when under the influence of drugs and alcohol, causing them to do things they otherwise wouldn’t do if they were sober, such as committing crimes. The state of New Jersey recognizes that it’s important to address the root of these problems, which ...
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  • Is Hazing a Crime?

    New Jersey Hazing Law Hazing is a type of initiation that many college students participate in. Fraternities, sororities, athletic organizations, and other student establishments on university campuses initiate members into their groups in a variety of ways, including hazing. This raises questions and concerns about the hazards and impacts of hazing. In New Jersey, a person is guilty of hazing if ...
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  • Can You Go to Jail for Accidentally Starting a Fire?

    Is Accidental Fire a Crime? The data below demonstrates how dangerous and widespread fires can be in New Jersey and nationwide. For this reason, people who start fires could be charged with arson regardless of whether or not it was an accident. In 2018, 599 fire departments reported incidents to the National Fire Incident Reporting System (NFIRS). Of all New Jersey fires that occurred that year, ...
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  • New York Legalizes Recreational Marijuana

    Cannabis Laws in New Jersey vs. New York: Know the Difference As of March 31, 2021, New York became the 15 th state to legalize recreational marijuana for adults age 21+. This is significant, as pot smokers could face little to no consequences for using cannabis in the Empire State. As such, any adult who is 21 and over can use and possess marijuana in New York. Although New Jersey legalized ...
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  • 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 ...
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  • Recreational Marijuana Is Now Legal in New Jersey

    Recreational Marijuana Legalized In NJ: What It Means for You On February 22, 2021, New Jersey made history as Governor Phil Murphy signed three cannabis reform bills into law. These bills legalize and regulate adult-use cannabis and possession as well as decriminalize marijuana and hashish possession . In addition, one of the bills reduces the penalties for underage possession of marijuana . ...
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  • 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 ...
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