Legal vs. Illegal Wiretapping by Police and Private Citizens in New Jersey
When is it Legal to Record Someone Else without their Consent in NJ?
You sit down with a friend to lunch at a restaurant and sit outside on the patio. The two of you catch up on the latest in your lives, including your divorce and custody battle. You confide in your friend that your children do not want to visit with their father. You further disclose that you plan to take them out of state to live with your relatives. Without your knowing, your friend recorded your conversation with her ...
What is an Illegal Search in New Jersey?
What is an Illegal Search in New Jersey?
Criminal Law Attorneys Explore Unlawful Searches and Seizures in NJ
We live in a society that prizes privacy and independence. From the source of United States law come guarantees of liberty, life, happiness, and by implication, privacy. The Fourth Amendment to the Constitution protects people from unwarranted intrusions by the state or government. It protects individuals from illegal searches and seizures. New Jersey’s Article I, Section 7 of its ...
Extreme Risk Protective Orders vs. Gun Rights
Extreme Risk Protective Orders vs. Gun Rights
Extreme Risk Protective Order Attorney in Ocean County, NJ
The right to bear arms is protected by the Second Amendment of the U.S. Constitution, but there are limitations and restrictions on this right in certain circumstances. One such example is extreme risk protective orders in New Jersey, referred to in the public discourse as red flag laws. In 2018, New Jersey lawmakers made the state’s already-tough gun laws even tougher by passing the ...
The Intensive Supervision Program (ISP) in NJ Explained
The Intensive Supervision Program (ISP) in NJ Explained
In the eyes of the law in New Jersey, not all prisoners are alike. True, they all serve time for criminal convictions, but the variability of crimes, circumstances, criminal history, and individual characteristics means not everyone in prison is seen in the same way. In essence, the state operates such that public safety concerns are greater for violent offenders over non-violent offenders and that overcrowded prisons must prioritize ...
Understanding New Jersey Presumptions in Criminal Law
Understanding New Jersey Presumptions in Criminal Law
Presumption of Incarceration, Non-Incarceration, Evidence and their Impact on Criminal Charges in Ocean County, NJ
In New Jersey’s criminal statutes, the legislature included legal presumptions regarding sentencing and admitting evidence of a crime to the courts. The sentencing presumptions pertain to incarceration, while the evidentiary presumptions pertain to the evidence a prosecutor must provide as proof of a crime to fulfill their ...
What to Know about Plea Bargaining in New Jersey
What to Know about Plea Bargaining in New Jersey
Criminal Defense Attorneys Explain Benefits and Options with Plea Negotiations for Ocean County Criminal Charges
If you’ve been charged with a crime in New Jersey, having a qualified criminal defense lawyer to negotiate a plea deal on your behalf may be your best chance to avoid the most severe penalties and stay out of jail. After all, there is always the very real possibility that you will be convicted at trial. If you are innocent of the ...
Conditional Dismissal Program NJ
Can I use the Conditional Dismissal Program to have my Charges Dismissed in NJ?
Since 2014, New Jersey has offered the conditional dismissal diversionary program in municipal courts. Like its sister program in the Superior Court, the Pre-Trial Intervention Program, the conditional dismissal option for eligible defendants forgoes conviction in lieu of a conditional period of probation. For those accused of disorderly persons and petty disorderly persons offenses, it is often a great option ...
Top Things to Know when Police are Arresting or Questioning You in NJ
Top Things to Know when Police are Arresting or Questioning You in NJ
When you see a police officer coming toward you, it is natural to feel intimidated or frightened, even if you have done nothing illegal. Whether you are on the street, in your car, or at a police station, know your rights when you are questioned by a police officer in New Jersey. The right to an attorney and the Fifth Amendment are essential to protect people in the United States against police overreaching. The law has ...
What Goes into the Sentence when You have a Criminal Case in NJ?
What Goes into the Sentence when You have a Criminal Case in NJ?
When it comes to pronouncing how much time, if any, a convicted person will spend in jail or prison, the judge presiding over a criminal case has wide latitude but not limitless discretion. Since the law provides a range of sentencing possibilities, including prison time, probation, parole, suspended sentence, community service, restitution, fees, and other conditions, a judge has many options to tailor a sentence to the ...
Public Intoxication Offenses
Public Intoxication Offenses in NJ
Accused Being Drunk in Public at the Jersey Shore?
People often come to us asking whether public drunkenness is a crime in New Jersey. The simple answer is no, it is not a crime to be intoxicated in public. Gathering, having a good time, and drinking is not a criminal offense in and of itself under the NJ Criminal Code. However, you can be given a violation of a town ordinance or charged with the petty disorderly persons offense of disorderly conduct ...