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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…

How to Get a Copy of your Criminal Record in New Jersey

Criminal Record in New Jersey If you have ever been arrested or charged with a crime or offense in New Jersey, you have some form of criminal record.  New Jersey does not have an “automatic” removal of arrests or convictions. This is certainly problematic if you are looking for employment.  You should know exactly what your record shows.  In New Jersey,…

New Jersey Bill to Decriminalize Marijuana

Legalize Possession, Cultivation and Sale of Marijuana in New Jersey On Monday, March 24, 2014, Legislation was introduced in New Jersey that would decriminalize marijuana in certain circumstances.  The Bill proposes to legalize possession, cultivation and sale of small amounts of marijuana.  “It’s time to update our archaic drug laws,” Senate Judiciary Committee Chairman Nicholas Scutari, D-Union, said at a press conference announcing…

Expungements in New Jersey

What is an Expungement? When a person is arrested, that person gets a criminal record. At a minimum, there is a record of an arrest. If the person is later convicted, then the person has a record of both an arrest and a conviction. These records include complaints, warrants, commitments, DNA, processing records, fingerprints, photographs, index cards, rap sheets, and judicial…

Juvenile Records in New Jersey

Are Juvenile Records Sealed in New Jersey? While the common perception is that juvenile records are 100% confidential and withheld from the public, that is not exactly accurate.  The disclosure of juvenile records will depend on the facts, circumstances and ultimate outcome of the juvenile matter. Individuals under the age of eighteen (18) are deemed “Juveniles” in New Jersey,  N.J.S.A….

New Jersey Supreme Court Decision in In Re K.O.

Sentencing Issue in New Jersey Juvenile Courts The goal of the juvenile justice system is to rehabilitate, rather than to punish.  That is why sentencing for juveniles leans more toward keeping juveniles in the community and out of custody.  Having said that, there are circumstances and offenses that the courts and the juvenile justice system deem worthy of incarceration.  Beyond…

The Process

Each criminal defense case is different, but most cases involve a process that can be confusing and overwhelming, from the initial complaint being filed to an individual’s sentencing in court. Filing of a Complaint An individual accused of a crime (a defendant) is charged as a result of the filing of a formal complaint issued by a law enforcement agent…