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Collateral Consequences of DUI Convictions

Everyone is aware that if you are convicted of DUI in New Jersey, you can face criminal penalties that may be severe, even for a first-time offense. For example, you will face a license suspension, you may have to serve a term on probation and meet certain conditions, you might have to pay a fine, and you may have to…

Aggravating and Mitigating Factors in Sentencing

If you are convicted of a crime in New Jersey, you are sentenced in accordance with the penalties and consequences set forth in the criminal code.  While each crime is categorized by degree and has a range of proposed penalties, the sentencing Judge is required by law to consider more than just the charge and conviction.  The criminal code outlines…

What You Need to Know About Body Worn Cameras

Body-worn cameras, or what are commonly referred to as “BWCs”, are small devices used to make electronic video and audio recordings of interactions between law enforcement officers and community members. Recordings from BWCs can be used to document statements, observations, and other evidence as well as to demonstrate transparency of the conduct of both law enforcement officers and the public.  …

What Disqualifies Me From Having a Gun in New Jersey?

New Jersey has enacted strict gun laws that prevent many individuals from having guns or ammunition in their possession. Violation of these laws is an independent crime and can result in criminal charges and penalties.   Certain Persons Prohibited from Having Guns  N.J.S. § 2C:39-7 lists certain persons who are not permitted to possess weapons or ammunition in the state of…

What is the Conditional Discharge in New Jersey?

Conditional discharge is a type of diversionary program for first-time drug offenders available in New Jersey Municipal Court. The focus of conditional discharge is on rehabilitation for first-time drug offenders rather than punishment. Under conditional discharge, you may be able to have your criminal charges dismissed after successfully serving one year term of non-supervised probation.   Eligibility for Conditional Discharge  Only people facing disorderly persons…

New Jersey Drug Court Name Change: Recovery Court

For over 20 years the New Jersey Courts have operated the “New Jersey Statewide Drug Court” to provide assistance and support for individuals suffering from Substance Use Disorder (SUD) (formerly referred to generally as “Addiction”). The history of Drug Court in New Jersey dates back to 1996 with a pilot program that started in two (2) counties.  In 2001, the drug court…

What is the Ignition Interlock Device in New Jersey?

In some DUI or DWI cases, courts order drivers to have Breath Alcohol Ignition Interlock Devices (BAIIDs) installed in their vehicles. BAIIDs allow ignition switches to start vehicles’ engines only when the driver’s blood alcohol content (BAC) is below the alcohol set point, which is 0.05%. The switches lock the engines if the driver’s BAC is at or above 0.005%.  …

What is the Pre-Trial Intervention Program and How Does It Work?

The Pre-Trial Intervention Program (PTI) provides individuals facing criminal charges with an opportunity for alternatives to traditional criminal prosecution and penalties. PTI often is an available resource for first-time offenders. The goal of PTI is to offer rehabilitative services for personal problems that can lead to criminal behavior. Ideally, PTI services can help eligible individuals and reasonably deter them from future criminal conduct.   Eligibility for PTI  You are ineligible for…

What Happens to Marijuana Convictions in New Jersey?

The state of New Jersey has recently expanded the ability of individuals to expunge or permanently restrict access to some old records of criminal convictions. You generally can apply for an expungement for certain criminal convictions that involve marijuana or hashish, meaning that those records will become unavailable to the public.   Expungement of Certain Marijuana Convictions  There is no waiting period to…

What is Criminal Endangering in New Jersey?

A criminal charge of “Endangering” in New Jersey refers to the criminal statute “Endangering the Welfare of a Child.” The statute, N.J.S 2C:24-4, criminalizes various conduct involving children and establishes different offense levels, ranging from a crime in the third degree to a crime in the first degree. Individuals who are charged with Endangering are exposed to a host of…

New Jersey Firearm Transport Laws

New Jersey has some of the most strict firearms laws in the United States. Improperly possessing and transporting a weapon in NJ can lead to serious charges that rise to the level of an indictable offense (felony) in New Jersey. Learn the laws that define proper transportation of a firearm in New Jersey, the penalties for being found in violation of these laws, and how we can help.