Jersey Criminal Attorneys
It’s a daily question: “I’m looking for the best New Jersey criminal lawyer. Are you the best?” They ask because either they or their loved
NJ Traffic Points – The Basics The NJ traffic point system is a way for the Motor Vehicle Commission to regulate which drivers get to
Illegal Traffic Stops – The Basics Illegal traffic stops involve situations where the police officer’s conduct in stopping you fails to meet the Constitutional requirement
A Disorderly Persons will show up on a background check When a Disorderly Persons background check is performed, be prepared! Whoever is running the background
An indictable offense is just a big fancy word Indictable offenses are felony crimes. If you are charged with an indictable offense, you will face
New Jersey child endangerment charges are serious felonies. These crimes carry lengthy prison sentences & will leave you with a criminal record. You also run
Criminal consequences of violating a restraining order The Family Division in the Superior court handles restraining orders. It is a civil matter. However, restraining order
A Disorderly Conduct Conviction will show up on a background check. When a Disorderly Conduct background check is performed, be prepared! Whoever is running the
NJ Graves Act Waiver – How To Get One The NJ Graves Act Waiver is the best way for you to avoid prison when facing
Dismissing harassment charges is possible. These are extremely common charges in New Jersey. If you have are facing Simple Assault, Terroristic Threat, Stalking, or Criminal
Dismissing Criminal Charges – Overview Dismissing criminal charges is possible. It happens every day. Although it is possible, it is not easy. In essence, your
Possession of CDS in a motor vehicle is typically a companion charge to marijuana possession. Put another way, if you’ve been charged with 39:4-49.1, then
Does NJ all for early termination of probation? Is it an expensive & lengthy process? What things will the Judge consider when terminating probation? You can find answers to these questions and more by reading this helpful article.
Final Restraining Orders in New Jersey never expire. In other states, a Final Restraining Order will expire after a number of years. However, people in NJ are surprised to learn that they can’t pass a security check because they still have a Retraining Order from twenty years ago.
a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.
***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.
Reasonable suspicion is a “search” standard that applies in criminal law.
When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.
A mere “hunch” is not enough.
In other words, a police officer has to provide an acceptable explanation for the search.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions