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Criminal Defense Archives

Removal from sex offense registration

We are approaching what many people feel is the official start of the long holiday season in the U.S. It begins with Halloween on Oct. 31. Tradition calls for children to mark Halloween night by dressing in costumes and going door to door for treats. Some news outlets choose this moment to provide information about certain convicted sex offenders registered with authorities as living around Saddle Brook.

Should I worry if my corporation faces white collar charges?

People convicted of crimes face possible prison time when convicted of a crime. Companies can face criminal charges, as well. While a company won't go to jail, consequences of conviction can result in serious penalties that scuttle business potential now and perhaps permanently.

Yes, you should always fight drunk driving charges

No matter the circumstances behind your drunk driving arrest, or how strong the evidence is against you, it's always wise to fight the charges rather than bury your head in the sand and hope for the best. Doing so only hands the prosecution an easy conviction, and it's unlikely that falling to put up a fight will compel the judge to "go easy" on your sentencing.

Breaking free of the criminal record ball and chain

The ball and chain image enjoys a long history in U.S. iconography. It can mean many things. In the context of criminal law, it tends to serve as a visual cue that the person wearing it stands convicted of some charge. For the person it's attached to, it is a burden that can't be shed.

Supreme Court: Get a warrant before pulling phone location data

In what is considered a major victory for privacy rights, the U.S. Supreme Court has ruled that law enforcement must generally obtain a warrant before accessing cellphone location data. This data, which Chief Justice John Roberts called "detailed, encyclopedic and effortlessly compiled," can be so revealing about the user's movement that it amounts to surveillance.

Accused of a DUI? Your future isn't necessarily ruined

It's only natural to assume that if someone is charged with drunk driving, both their short-and long-term futures are damaged. This common perception is perpetually reinforced by the celebrity mugshots and daily media coverage that DUIs and DWIs receive. These individuals are portrayed as problematic citizens who deserve to be punished for their transgression.

What are the penalties for marijuana possession in New Jersey?

Copy-of-Fotolia_80752093_L-768x512.jpgIn New Jersey, it is unlawful to obtain or possess a controlled substance unless that substance was obtained by a valid prescription from a practitioner. Despite other states recently legalizing marijuana, New Jersey still considers marijuana a controlled dangerous substance for which you cannot obtain a prescription. As a result, there significant penalties for its possession within New Jersey.

Speeding Violations and New Jersey's Motor Vehicle Commission

Copy-of-Fotolia_80752093_L-768x512.jpgIn New Jersey, receiving a ticket for speeding not only results in fines, but also motor vehicle penalty points that accumulate with each violation. The number of points a driver receives increases with excess speeds within New Jersey. A driver who is ticketed going between 1 and 14 miles per hour over the speed limit will receive 2 penalty points. A driver ticketed for driving 15 to 29 miles per hour in excess of the speed limit will receive 4 penalty points. A driver going in excess of 30 miles per hour over the speed limit will receive 5 penalty points. A New Jersey license holder may also be assessed 2 points by the motor vehicle commission if they receive a speeding violation outside of the state.

Reckless Driving in New Jersey

driver-1149997_960_720-768x512.jpgIn New Jersey, a person is guilty of reckless driving if they "drive[] a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person property[.]" N.J.S.A. 39:4-96. If property is damaged or a person is injured, it may be strong evidence of reckless driving. However, there does not need to be any damage or injury to be guilty of reckless driving.

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