What Happens When You Get Pulled Over for a DUI?
Getting Pulled Over for Drunk Driving Getting pulled over and being suspected of drinking and driving can be an upsetting experience. Not knowing what your rights are when you are stopped can substantially add to your stress levels. The officers will be making observations throughout the situation, so it’s important to know how they will conduct their investigation from the…
No Early Release Act (NERA)
What is the No Early Release Act? (NERA) The No Early Release Act (N.J.S.A. 2C:43-7.2) was passed in New Jersey in 1997. NERA states that if a person is convicted for a violent crime in the first or second degree they must serve at least 85% of their sentence. This time frame is considered the mandatory minimum term of imprisonment…
FRO Dismissed on Appeal
On August 23, 2018, a Final Restraining Order was issued against J.M. He had gone to the Restraining Order Hearing without an attorney. The Judge issued a Final Restraining Order against J.M. J.M. sought to appeal the Final Restraining Order and came to Rosenberg | Perry & Associates for help. The firm agreed to take on his appeal. Nathan “Baby…
What are Shared Fault Laws in New Jersey?
What is the Comparative Negligence Act? New Jersey’s comparative negligence act is applied in cases where one party is seeking damages from another. The act allows the court to assign a degree of fault for the incident to each party to determine the amount of compensation, if any, the plaintiff receives as a result of injury. This is known as…
What is the Difference Between Theft, Robbery, and Burglary in New Jersey?
Robbery vs. Burglary vs. Theft in New Jersey In New Jersey, the terms theft, robbery and burglary mean different things and carry different penalties and fines. If you are facing charges of theft, robbery, or burglary, the team of criminal defense lawyers at Daniel M. Rosenberg & Associates will help you understand the differences between the three as they walk…
Illinois Sees the Light in Lighting Up – Legal Recreational Marijuana Use Increases
As New Jersey struggles to pass legislation to legalize recreational marijuana, another state has been added to the growing list of those that have decriminalized the purchase and possession of marijuana. Illinois has become the 11th state to legalize cannabis. Under the new law, up to 30 grams of cannabis may be purchased and possessed by adult residents. Non-residents may…
Robert Kraft Video Surveillance is Suppressed
Robert Kraft, the team owner of the New England Patriots was arrested in February for soliciting prostitution. It is alleged that Mr. Kraft engaged in sexual acts with a woman at the Orchids of Asia Day Spa in Jupiter, Florida. Prosecutors considered video evidence of Kraft taken at the Day spa to be crucial in proving their case. On May…
Daniel M. Rosenberg Selected to “America’s Top 100 High Stakes Litigators”
Daniel M. Rosenberg has been selected among America’s Top 100 High Stakes Litigators for 2019. Selection is by invitation only to identify the nation’s trial attorneys who have demonstrated exceptional legal expertise in high value, high stakes legal matters. “I’m honored to be selected for this award, and it motivates me to continue fighting for justice for my clients,” Rosenberg…
Prior Convictions and Legalized Marijuana
As legalization of marijuana in New Jersey becomes a reality, the question of what will happen to previous marijuana convictions remains up in the air. The governor has indicated that, as part of the legalization process, there will be a plan in place to expunge previous marijuana convictions. However, it remains to be seen as to whether that plan will…
Drug Court Engagements – Rebooting Without Stigma
On January 8, 2019, the New Jersey Supreme Court ruled that drug court graduates enjoy a presumption that prior criminal convictions for third and fourth-degree drug sales should be expunged. Expungement allows drug court graduates, who complete a term of intensive special probation requiring regular court appearances and frequent drug testing, to reintegrate into society without the collateral consequences of…
Is Marijuana Legal Yet in New Jersey?
Status of Marijuana Legalization in New Jersey On Monday, November 26, 2018, a New Jersey Legislative Committee approved a bill to regulate, tax, and eventually legalize marijuana. This bill is now going to be presented to both the Assembly and Senate to determine if it will be sent to the Governor. What Does this Mean for Marijuana Convictions? If the…
Municipal Court Reform – A Time for Fairness!
On July 17, 2018, a New Jersey Supreme Court committee issued a scathing report calling for municipal court reform. The committee, formed by Chief Justice Rabner, called for the end of excessive monetary penalties and discretionary sanctions such as the suspension of driver’s license privileges, and questioned political influences that can affect judicial independence. A driver convicted of minor motor…