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Presumption of Imprisonment and Presumption of Non-incarceration

2C:44-1. Criteria for withholding or imposing sentence of imprisonment. 2C:44-1. a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances: The nature and circumstances of the offense, and the role of the actor therein, including whether or not it was committed in an…

A TRO in Burlington County may, sadly, erode your right to remain silent.

A TRO in Burlington County may, sadly, erode your right to remain silent. Daniel M. Rosenberg, a Criminal Defense Attorney at Rosenberg | Perry & Associates, recently came across situation that he felt violated a defendant’s constitutional rights.   The defendant was charged with harassment and served with a Temporary Restraining Order (“TRO”) at the same time.  The TRO required that all weapons be confiscated and authorized the…

Domestic Violence Convictions and Federal Gun Laws

Domestic Violence Convictions and Federal Gun Laws If you are charged with committing an act of domestic violence in New Jersey, your right to purchase firearms in other states can be barred. To purchase a firearm from a Federal Firearms Licensed dealer you are required to complete a Firearms Transaction Record, i.e., a “4473 Federal Form.” As per the Federal Gun…

Drug Court can be a Blessing or a Curse

Drug Court in New Jersey Drug courts are judicially supervised court dockets that handle the cases of non-violent substance-abusing offenders.  The first drug court was established in Florida in 1984.  The first New Jersey Drug Court was established in 1996 in Essex and Camden Counties. There are currently Drug Courts operating in all 50 States. In New Jersey, the mission of Drug…

Megan’s Law

The History of Megan’s Law Jesse Timmendequas was charged with the murder of seven-year-old Megan Kanka in New Jersey. Megan had last been seen riding her bike outside her home in West Windsor Township, New Jersey, on July 29. Her parents found her bike on the front lawn and immediately began to search for her. The following day, her body was…

Underage Drinking in New Jersey

Underage Drinking in New Jersey According to statistics complied by the Underage Drinking Enforcement Training Center, underage drinking cost the citizens of New Jersey 1.5 billion dollars in 2010, of which 600 million dollars was spend exclusively on medical care. In 2009, New Jersey students in grades 9-12 reported: 74.6% had at least one drink of alcohol on one or…

Evolution of Search and Seizure Law

United States Supreme Court Decisions On February 19, 2013, the Supreme Court announced its decision in Florida v. Harris, and on March 26, the Court announced its decision in Florida v. Jardines.  Both cases involve the use of narcotics detection dogs and the Fourth Amendment. The question in Florida v. Harris was whether a narcotics detection dog’s “alert” constitutes probable cause for the search…

Implied Consent Law in New Jersey

Implied consent means a person’s actions infer permission, even though they have not expressly granted that permission. Examples of implied consent include an individual rolling up their sleeve to have their blood pressure tested or an unconscious person being treated for a life-threatening injury at a hospital. In both situations, although consent has not been verbally expressed, it can be…

Juvenile Megan’s Law in New Jersey

Megan’s Law Applies to Juveniles Megan’s law specifically applies to persons convicted or “adjudicated delinquent” of certain offenses. The “adjudicated delinquent” language refers specifically to juveniles. If your son or daughter has been charged with any of the following offenses, they may be required to register as a sex offender under Megan’s Law. Aggravated Sexual Assault Sexual Assault Aggravated Criminal Sexual Contact Criminal…

New Jersey Supreme Court Protects trashed House

Constitutional Right to Be Secure in Your Home The Fourth Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution both guarantee “[t]he right of the people to be secure in their…houses…against unreasonable searches and seizures.”  There is a clear preference for police officers to secure a warrant before entering and searching a home, because warrantless searches are…

Underage DWI/DUI in New Jersey

Underage DWI/DUI in New Jersey The act of operating a motor vehicle in New Jersey while under the influence of alcohol is governed under New Jersey Statute N.J.S.A. 39:4-50.  That charge has its own set of consequences and penalties.  If someone under the age of twenty one (21) consumes alcohol and operates a motor vehicle in New Jersey, they are subject…

Felonies, Misdemeanors and Punishments in New Jersey

Felonies and Misdemeanors in New Jersey Simply stated, New Jersey does not have felonies or misdemeanors.  New Jersey defines unlawful conduct as “crimes” or “offenses”. Crimes and offenses are categorized in New Jersey in terms of “degrees”, “disorderly persons” offenses or “petty disorderly persons” offenses. The criminal code provides for First Degree, Second Degree, Third Degree, and Fourth Degree crimes. First-degree…