New Jersey Criminal Lawyers Blog

It was recently reported in the Asbury Park Press that Seaside Heights police are cracking down on disorderly conduct on the Seaside Heights boardwalk and surrounding areas of the borough. If you have been arrested for any disorderly persons offense in Seaside Heights, drunk driving in Seaside Heights, or have committed a more serious crime in Seaside Heights you need an experienced New Jersey criminal defense attorney that is familiar with the location where your incident took place and will work aggressively to defend your case.

Frequently charged disorderly persons offenses in Seaside Heights include: disorderly conduct (N.J.S. 2C:33-2), trespass (N.J.S. 2C: 18-3(b)), criminal mischief (N.J.S. 2C: 17-3), simple assault (N.J.S. 2C: 12-1), fake ID (N.J.S. 2C: 28-7), underage drinking (N.J.S. 2C:33-15), possession of CDS (N.J.S. 2C:35-10), and resisting arrest (N.J.S. 2C:29-2). A conviction for a disorderly persons charge in New Jersey can result in fines, jail time, probation, community service and in some cases payment of restitution. There are alternatives available to pleading guilty and defenses that can be argued.

In 2010, there were over 900 motor vehicle moving violations in Seaside Heights. Some common moving violations in Seaside Heights include: speeding (N.J.S. 39:4-98 and N.J.S. 39:4-99), failure to yield to a traffic sign (N.J.S. 39:4-81), reckless driving (N.J.S. 39:4-96), and careless driving (N.J.S. 39:4-97). There were 120 DWI, DUI and refusals in Seaside Heights in 2010. Talk to an experienced Seaside Heights criminal lawyer about the circumstances of your motor vehicle violation or drunk driving charge before going to court.

Continue reading "Arrested in Seaside Heights? Call an Experienced Seaside Heights Criminal Defense Attorney." »

It was recently reported in the Asbury Park Press that Point Pleasant Beach police are cracking down on disorderly conduct on the Point Pleasant Beach boardwalk and surrounding areas of the borough. If you have been arrested for any disorderly persons offense in Point Pleasant Beach, drunk driving in Point Pleasant Beach, or have committed a more serious crime in Point Pleasant Beach you need an experienced New Jersey criminal defense attorney that is familiar with the location where your incident took place and will work aggressively to defend your case.

Frequently charged disorderly persons offenses in Point Pleasant Beach include: disorderly conduct (N.J.S. 2C:33-2), trespass (N.J.S. 2C: 18-3(b)), criminal mischief (N.J.S. 2C: 17-3), simple assault (N.J.S. 2C: 12-1), fake ID (N.J.S. 2C: 28-7), underage drinking (N.J.S. 2C:33-15), possession of CDS (N.J.S. 2C:35-10), and resisting arrest (N.J.S. 2C:29-2). A conviction for a disorderly persons charge can result in fines, jail-time, and in some cases payment of restitution. There are alternatives available to pleading guilty and defenses that can be argued.

In 2010, there were over 630 motor vehicle moving violations in Point Pleasant Beach. Some common moving violations in Point Pleasant Beach include: speeding (N.J.S. 39:4-98 and N.J.S. 39:4-99), failure to yield to a traffic sign (N.J.S. 39:4-81), reckless driving (N.J.S. 39:4-96), and careless driving (N.J.S. 39:4-97). There were over 119 DWI, DUI and refusals in Point Pleasant Beach in 2010. Talk to an experienced Point Pleasant Beach criminal lawyer about the circumstances of your motor vehicle violation or drunk driving charge before going to court.

Continue reading "Arrested in Point Pleasant Beach? Call an Experienced Point Pleasant Beach Criminal Lawyer." »

In a recent New Jersey Appellate Division case, the three Judge panel concluded that cellular telephone location searches are valid according to the Constitution of New Jersey. State of New Jersey v. Thomas W. Earls, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, DOCKET NO. A-2084-07T4, decided July 11, 2011. According to police officers, a cell phone signal was used to track a suspect from a string of burglaries. The signal could not lead them directly to the suspect; it could only point them in a general area. Once the general area was determined, police then had to move in and physically search for the suspect.

The suspect in this case, as mentioned, was involved in a number of burglaries and police officers were eager to track him down. One of the reported victims told police that the suspect had stolen his cellular phone. The police then obtained a cell phone data warrant and located the phone. The new "owner" of the stolen phone was arrested but was not the suspect the police were seeking. The new owner knew the suspect and told police that he had a storage unit with his quasi-girlfriend where he kept stolen property. Armed with the identity of the sometimes girlfriend, Middletown Police located her for questioning. The girlfriend led police to the storage unit and signed a release for the storage company to break the lock of the storage unit. When inside, Middletown Police found a number of stolen items leading police to obtain a warrant for the suspect's arrest.

Armed with a warrant for the suspects arrest and concern for the suspect's girlfriend's safety, the police began to aggressively search for him. Middletown Police Officers contacted T-Mobile, the suspect's cell phone carrier, and asked them to locate the suspect. T-Mobile stated that they could not provide police with an exact location, but could give them a general area to search. Although there were a series of misses, police eventually located the suspect at a hotel in Howell on Route 9.

Once inside, police officers presented the warrant and made the arrest. Officers later testified that they had taken a flat screen TV from the room as well as other merchandise because it was "in plain view", not requiring a separate warrant. During the "plain view" search, the officers took a suitcase and later asked the suspect if they could go through it. He consented and officers found more stolen goods and an undisclosed amount of marijuana. The suspect was indicted for: burglary (N.J.S.A. 2C: 18-2), theft of moveable property (N.J.S.A. 2C: 20-3(a)), receiving stolen property (N.J.S.A. 2C: 20-3(a)), and possession of marijuana (N.J.S.A. 2C: 35-10(a)(3)).

On appeal, the defendant alleged a constitutional violation of his right to privacy. His main argument was that police officers obtained information from his cell phone carrier, without a warrant, to locate him. The defendant claimed he was the victim of an illegal search and seizure. The Court had to decide if the search was violative of Article I, paragraph 7, of the New Jersey Constitution, which protects citizens of New Jersey from illegal search and seizure. The Court determined that the defendant's rights had not ultimately been violated because (1) the cell phone trace did not lead the police directly to him (only a general area), and (2) the use of a tracking device (in this case a phone) tracked the defendant through public roads and highways where there is no reasonable expectation of privacy. There are a string of cases the court used to affirm their decision that essentially state the same principle. In this case, the Appellate Division upheld the lower courts ruling and the defendant's convictions did in fact stand.

Continue reading "Cell Phone Triangulation NOT Violative of New Jersey Constitution! Call an Experienced NJ Criminal Defense Attorney to Discuss your Case! " »

What many might not know, is that Monmouth County and all New Jersey law enforcement officials have an obligation and have been authorized to communicate with U.S. Immigration and Customs Enforcement (ICE) during certain arrests and violations. It might be obvious to most that immigration status and citizenship must be verified if an individual commits a serious or violent indictable offense in Monmouth County. But what is not immediately obvious is that an individual being pulled over and charged with driving drunk or driving while intoxicated in New Jersey can be deported as a result of the report to ICE.

In general, immigrants to the United States can be deported for a number of reasons including criminal activity, violent crimes, and marriage fraud. In 2007, now former Attorney General of New Jersey, Anne Milgram wrote and circulated "Attorney General Law Enforcement Directive No. 2007-3." In the Directive distributed to New Jersey law enforcement officials including Monmouth County, Ms. Milgram charged the State that officers should, "Necessarily and appropriately inquire about a person's immigration status under certain circumstances." One particular circumstance enumerated in the Directive is, "The arrest of undocumented immigrants for indictable offenses AND driving while intoxicated [violations]." It charges that if an arrest is made in conjunction with a DWI, the arresting officer must inquire about the immigrant's status and if appropriate must report it to ICE. This could ultimately lead to a deportation if a conviction for DWI is sustained and possibly even if it is not.

Some recent statistics have circulated via the Associated Press indicating that deportations due to DWI are significantly on the rise. In 2010, there were just about 393,000 deported individuals. Of those deported, an estimated 27,635 or 7 percent were deported due to DWI related incidents. In short, the Directive seems to have taken full effect. On it's face, the policy seems fair and just, but people are urged to keep in mind that New Jersey does not consider a DWI related offense a criminal offense as some other states do.

A conviction for a DWI, DUI, or refusal can lead to very severe penalties. For a first conviction of DWI in Monmouth County, an individual faces heavy fines and other fees, jail time, loss of their driver's license for up to 1 year, participation in an Intoxicated Driver Resource Center program, and the possible installation of an ignition interlock device. If an individual has a questionable immigration status, he or she could be facing deportation as well! Any non-citizen DWI offenders are encouraged to contact an experienced immigration attorney in addition to a Monmouth County DWI lawyer.

Continue reading "Deportation Due to a NJ DWI is on the Rise; Call a Monmouth County DWI Lawyer to Defend Your Case!" »

Monmouth Beach is a borough in Monmouth County directly bordered by Long Branch, Sea Bright, Oceanport, and West Long Branch. It has a population of about 4,000 and is directly accessible by Route 36 and Ocean Avenue. As it is located directly on the Jersey Shore, Monmouth Beach sees a significant increase in the amount of activity on its roads, beaches, bars, and restaurants each year as summer approaches. These growing summer crowds, while full of well intentioned individuals, can pose many difficulties to local law enforcement, whose task it is to make sure the quiet and peaceful nature of Monmouth Beach is preserved year round. There is normally an increase in the amount of disorderly persons offenses in Monmouth Beach, motor vehicle violations in Monmouth Beach, and DWI charges in Monmouth Beach during the summer months.

Disorderly persons offenses refer to a broad category of offenses, with some of the more common being disorderly conduct (N.J.S. 2C:33-2), trespass (N.J.S. 2C: 18-3), criminal mischief (N.J.S. 2C: 17-3), simple assault (N.J.S. 2C: 12-1), use or possession of a fake ID (N.J.S. 2C: 28-7), underage drinking (N.J.S. 2C:33-15), possession of drugs or drug paraphernalia (N.J.S. 2C:35-10 and N.J.S. 2C: 36-2), and resisting arrest (N.J.S. 2C:29-2). Being convicted of such a disorderly persons offense in Monmouth Beach can lead to repercussions including jail time, significant monetary fines, and community service. There were 17 disorderly persons offenses in Monmouth Beach last year.

Motor vehicle violations are common in Monmouth Beach and refer to a broad spectrum of offenses. Some of the lesser moving violations include such offenses as speeding, failure to maintain lanes, illegal turns, failure to stop, and reckless or careless driving. Even being convicted of one of these seemingly trivial charges can lead to the assessment of motor vehicle points on your driver's license, and significant monetary fines.

The more severe New Jersey drunk driving violations include DWI, DUI and Refusal. A first time offender convicted of a DUI, DWI, or Refusal faces penalties including monetary fines over $500.00, loss of their driver's license for up to one year, jail time, the installation of an ignition interlock device into their vehicle, and enrollment into an Intoxicated Driver Resource Center program. Subsequent offenses will lead to more severe penalties and penalties are doubled if the offense takes place in a school zone, regardless of the time of day it occurs. Last year, there were 366 moving violations in Monmouth Beach and 32 DWIs in Monmouth Beach.

Continue reading "Monmouth Beach Criminal Defense Lawyer: Monmouth Beach Municipal Court" »

Highlands is a beachfront borough in Monmouth County directly bordered by both Atlantic Highlands and Middletown. It has a population of about 5,000 and is directly accessible by Route 35, is close to the New Jersey Transit's North Jersey Coast line train, and also offers ferry service through Sea Streak, which travels from Highlands to New York City frequently throughout the day. Being on the Jersey Shore and having so many popular restaurants and bars, including Clam Hut & Bar Restaurant and Claddagh, Highlands Borough generally experiences a significant increase in activity during the summer months. Wishing to preserve its quiet and peaceful nature, local law enforcement generally starts cracking down as soon as the warm weather approaches, increasing the amount of disorderly persons offenses in Highlands, motor vehicle moving violations in Highlands, and DWI charges in Highlands.

Disorderly persons offenses refer to a broad category of offenses with some of the more popularly issued being disorderly conduct (N.J.S. 2C:33-2), trespass (N.J.S. 2C: 18-3), criminal mischief (N.J.S. 2C: 17-3), simple assault (N.J.S. 2C: 12-1), use or possession of a fake ID (N.J.S. 2C: 28-7), underage drinking (N.J.S. 2C:33-15), possession of drugs or drug paraphernalia (N.J.S. 2C:35-10 and N.J.S. 2C: 36-2), and resisting arrest (N.J.S. 2C:29-2). Being convicted of one of these charges can have serious consequences including jail time, community service, and significant monetary fines. Last year alone, there were 110 disorderly persons offenses in Highlands.

Even more common are motor vehicle violations in Highlands. Motor vehicle moving violations often charged in Highlands include speeding, failure to stop, and careless driving. Even though these are not the most severe of moving violations, penalties may include the assessment of motor vehicle points leading to increased insurance premiums and significant fines.

The more serious moving violations are the alcohol related New Jersey drunk driving offenses of DWI, DUI, and Refusal. Last year alone, there were 485 moving violations in Highlands and 126 DWIs in Highlands. Being convicted of a DWI in Highlands can have extremely severe and long lasting implications. For a first time offender convicted of a DWI, the penalties may include loss of your driver's license for up to a year, monetary fines over $500.00, jail time, the mandatory enrollment into an Intoxicated Driver Resource Center program, and the installation of an ignition interlock device into your vehicle.

Continue reading "Highlands Criminal Defense Lawyer: Highlands Municipal Court" »

Recently, Monmouth County Sheriff's Officers went to a home in Middletown to serve an arrest warrant to Raymond Schmidt for failure to appear in court. When the officers arrived at the household where they thought he'd be, Justin Strohmenger answered the door. Mr. Strohmenger denied knowing Mr. Schmidt so the police left. While at the door, however, the police noticed drugs and/or drug paraphernalia in plain sight. The officers quickly sought out and received a search warrant and returned to search the house. During the search, the police officers found a treasure trove of marijuana growing (50 plants) in the basement of the home as well as containers filled with marijuana and other drug paraphernalia. Monmouth County Sheriff's Officers quickly scoured the house with a K-9 unit, placed Mr. Strohmenger under arrest, and confiscated all illegal drugs that they found.

Mr. Strohenger of Middletown in Monmouth County was most likely charged with Possession of Marijuana (N.J.S. 2C: 35-10), Maintaining or Operating a Controlled Dangerous Substance Production Facility (N.J.S. 2C: 35-4), and Manufacturing, Distributing, or Dispensing a Controlled Dangerous Substance(N.J.S. 2C: 35-5). All of these New Jersey drug offenses are very serious and can carry severe prison sentences and heavy fines. Possession of Marijuana over 50 grams (well over that limit in this case) is a crime in the fourth degree. A conviction for a fourth degree crime can carry a fine of up to $25,000.00 and is punishable by up to 18 months in prison. The other two charges, however, are much more severe and are considered first-degree crimes. Maintaining a CDS Production Facility can lead to between 10 and 20 years in prison and a fine of up to $750,000.00 or 5 times the street value of the drugs that were confiscated. The Manufacturing, Distributing, or Dispensing charge also carries a prison sentence of between 10 and 20 years and imposes a fine of up to $300,000.00.

The recent bust is a big one for Monmouth County law enforcement as it shut down a large operation. It is important to remember, however, that Middletown and all Monmouth County law enforcement are also interested in the smaller busts. An Individual can be charged all the way down to the disorderly persons offense of marijuana possession (N.J.S. 2C: 35-10). This disorderly persons offense is reserved for those found with under 50 grams of marijuana. If found with over 50 grams of marijuana or hashish, and individual will face penalties of a fourth degree crime.

There are also New Jersey drug statutes that "step up" drug charges and penalties including: Distribution to Persons Under Age 18 (N.J.S. 2C: 35-8), Controlled Dangerous Substances Near or On School Property (N.J.S. 2C: 35-7), and Distributing, Dispensing, or Possessing Within 500 Feet of Certain Public Property (N.J.S. 2C: 35-7.1). Conviction for any of these crimes can lead to increased jail and prison time and heavier fines.

Continue reading "Middletown Resident Busted! Sheriff's Officers Find 50 Marijuana Plants Growing in Basement!" »

Farmingdale is a small borough in Monmouth County completely surrounded by Howell Township. It is directly accessible by County Route 547 and is in close proximity to both Route 33 and Route 34. Farmingdale, a small and rather rural community, is home to Spring Meadows Golf Course and Howell Park Golf Course, but does not see a significant amount of activity throughout the year until summer starts approaching. Summer brings swarms of people out onto the roads and whether their destination is the nearby Jersey Shore, Manhattan, or Philadelphia, traffic and general congestion are felt all over New Jersey, including in smaller communities such as Farmingdale. During the summer months, bars and restaurants throughout Farmingdale, such as Woody's Roadside Tavern, experience a significant increase in activity and this is not lost on the locals, who wish to preserve the quiet nature of their town. Local law enforcement, striving to retain control over the summer crowds both on and off the roads, increase the number of disorderly persons offenses, motor vehicle violations, and DWI charges.

Disorderly persons offenses refer to a broad category of offenses with some of the more popular being disorderly conduct (N.J.S. 2C:33-2), trespass (N.J.S. 2C: 18-3), criminal mischief (N.J.S. 2C: 17-3), simple assault (N.J.S. 2C: 12-1), use or possession of a fake ID (N.J.S. 2C: 28-7), underage drinking (N.J.S. 2C:33-15), possession of drugs or drug paraphernalia (N.J.S. 2C:35-10 and N.J.S. 2C: 36-2), and resisting arrest (N.J.S. 2C:29-2). Penalties for being convicted of one of these offenses may include significant monetary fines, jail time, community service, and payment of restitution where necessary.

Motor vehicle violations in Farmingdale are common and include moving violation infractions such as speeding, failure to maintain lanes, failure to stop as well as much more serious alcohol related New Jersey drunk driving violations such as DWI, DUI, and Refusal. For a first time offender convicted of one of these New Jersey drunk driving offenses, penalties may include monetary fines up to $500.00, loss of your driver's license for up to a year, jail time, enrollment into an Intoxicated Driver Resource Center program, and the installation of an ignition interlock device system into your car. Last year there were 65 moving violations in Farmingdale and 9 DWIs in Farmingdale.

Continue reading "Farmingdale Criminal Defense Attorney: Farmingdale Municipal Court" »

A relatively new epidemic has hit Ocean County, Monmouth County, and all of New Jersey in a strong way. The sale and use of Heroin has been on the rise in suburban and rural neighborhoods in relatively affluent areas throughout Monmouth County and Ocean County. A recent Asbury Park Press article follows the story and timeline of the drug abuse of a young man addicted to drugs and the drug culture since the age of 13. The story is rather alarming and at times difficult to read. The young man was a bright student at Southern Regional High School in Stafford Township, New Jersey. Being interested and excelling in science subjects such as chemistry and biology, teachers recommended that he enroll in Rutgers University's Pharmacy School. What his High School teachers did not realize was that he already was getting a "street" education on drugs. The young man started experimenting with drugs around the age of 13 with the gateway drug of marijuana. From there, it was a spiral downward including LSD, Ecstasy, and then on to opiate derivatives and other strong prescription drugs such as OxyContin, Percoset, and Vicodin.

The young man explains how he got accepted to Rutgers' Pharmacy program and how he continued his habit through school. While at Rutgers, he found other people immersed in the drug culture and noted that they all seemed to be from families who had money. The traditional image of drug abuse more or less is seen as dirty crack-houses, dark allies, and pushy drug dealers with guns in dangerous cities such as Newark and Camden. This image drastically changed during the prescription drug revolution of the early 2000's. Young people could acquire drugs in their own backyards. Neptune and Tinton Falls became a breeding ground for drug abuse and trafficking. In fact, Neptune Police confiscated 5,000, 5-ounce bags of heroin ready for sale during a routine traffic stop. This news sent shockwaves through Monmouth County and Ocean County.

So why heroin? The young man explains that it was much cheaper than designer prescription drugs. He could acquire a bag of heroin (he was up to 50 bags a day at one point) for as cheap as $4.00 a bag while prescription drugs could range anywhere from $25.00 to $50.00 per pill. The availability and cost of heroin was a welcome surprise to which the young man and many others took advantage of. According to those in the heroin drug culture, most started by stealing prescription drugs from their parents medicine cabinets and buying pills from New Jersey housewives looking to make money. When the costs had risen and the supply dwindled, they were left with no choice but to snort or shoot heroin.

The Asbury Park Press article also brings to light the legal ramifications of possessing, distributing, and trafficking of heroin and other drugs. With law enforcement officials aware of the troubled areas and making every effort to crack down, those involved in the culture will inevitably suffer the consequences of the law. There are a number of New Jersey Statutes that an offender could be charged with and later convicted of. The most common drug charges in New Jersey include N.J.S. 2C:35-10; Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition. If an individual possesses, uses, or is found under the influence of a drug or its analog, listed on a very comprehensive schedule broken into 5 parts, he or she can be convicted of a 3rd or 4th degree crime depending on which part of the schedule the controlled dangerous substance (CDS) appears. If the CDS appears on parts one through four of the schedule, the individual will be charged with a 3rd degree crime. Penalties for a 3rd degree offense include a fine of up to $35,000.00, imprisonment of between 3 and 5 years, community service, and court costs and other fees.

Of course, every incident is different and there are factors surrounding an arrest that could allow the prosecutor to charge and individual with a 1st or 2nd degree criminal offense as well. If an individual was caught with a CDS on part five of the schedule, he or she will be charged with a crime in the 4th degree. Penalties for a conviction can include a fine of up to $15,000.00, imprisonment of up to 18 months, community service, and court costs and other fees. If an individual is caught with under 50 grams of Marijuana or under 5 grams of Hashish, he or she will be charged as a disorderly person, not as a 3rd or 4th degree criminal. Penalties for a disorderly persons offense include a fine of up to $1,000.00, up to six months in jail, community service, and court costs and other fees.

Continue reading "Heroin Use and Possession on the Rise in Monmouth County and Ocean County: Call an Ocean County and Monmouth County Criminal Defense Attorney for Help! " »

There have been a string of volatile incidents that have occurred in Seaside Heights this summer. From drug arrests, to traffic violations and DWI's, Seaside Heights is quickly becoming a hotbed of police activity. According to a July 18th news story, 6 people from Brooklyn were arrested following what Seaside Heights Police called a "melee". The large fight broke out near Hancock Avenue and Ocean Terrace just around 1:30 am. For fear of not being able to stop the fight, Seaside Heights police officers called in for backup before stepping in. Once the dust had settled and the fight was contained, 6 people were arrested on disorderly conduct charges and some were additionally charged with resisting arrest.

Seaside Heights police officers have been working hard to keep order in the shore town, but have met some serious challenges. People may recall an even bigger fight that broke out earlier this summer to which Seaside Heights police officers were forced to close down the entire boardwalk. The most common charges during that fight were also disorderly conduct and resisting arrest.

Both disorderly conduct and resisting arrest are classified as disorderly persons offenses. A conviction for a disorderly persons offense can carry up to a $1,000.00 fine, community service, up to 6 months in jail, payments of restitution for damage to property, and other fines and penalties. Disorderly conduct (N.J.S. 2C: 33-2) encompasses (1) fighting, (2) threatening, (3) violent or tumultuous behavior, (4) creating a hazardous or physically dangerous condition, (5) and engaging in unreasonably loud or offensive or abusive language. Disorderly conduct charges are written quite often by Seaside Heights Police Officers because of its broad nature. A fight described as a "melee" fits very nicely into the charge. Also, leaving a bar intoxicated and yelling at a friend as you leave can also fall under the disorderly conduct umbrella.

Another common charge written in Seaside Heights is resisting arrest (N.J.S. 2C: 29-2.) The statute outlines a few scenarios where it might be used. First, if an individual is approached by a police officer and he or she purposely prevents or attempts to prevent that officer from making the arrest, the individual will be charged as a disorderly person. Second, if an individual attempts to elude a Seaside Heights Police Officer by running or escaping, he or she can be charged with a 4th degree crime. Third, if an individual uses or threatens to use physical violence against the Seaside Heights Police Officer to try and prevent the arrest, he or she can be charged with a 3rd degree crime. Most often, however, resisting arrest in Seaside Heights will lead to a disorderly persons charge. For example, if an individual is engaged in a fight with another and a Seaside Heights Police Officer approaches from behind to try and arrest the individual and the individual unknowingly swats the officers hand away, he or she can be charged with resisting arrest even though there was no indication that it was an officer attempting to abate the situation and not just another by-stander.

It is important to remember that there might be a way to mitigate your charges in Seaside Heights Municipal Court. If the officer acted improperly or did not follow protocol during your arrest, there is a possibility of the charges being either dismissed or a plea agreement being negotiated. Knowing your rights is an important step in the judicial process; don't just plead guilty and pay the fines as this could leave a blemish on your otherwise clean record.

Continue reading ""Melee" in Seaside Heights Leads To Disorderly Conduct and Resisting Arrest Charges: Call an Experienced Seaside Heights Criminal Lawyer To Discuss Your Charges. " »

In a recent news article, Wall Township Police claim to have written two drunk driving charges within 15 minutes of each other during an early Sunday morning around 2:00 am in July. To those who are familiar with Wall Township and the surrounding towns, this is no surprise. Wall Township is nearby the summer hot spots of Point Pleasant Beach, Belmar, Brielle, Manasquan, and Sea Girt. All of these beachfront towns attract late night crowds to various bars and nightclubs during the weekends of the summer. In addition, the busy roads of Route 138, Route 35, Route 34, Route 18, and portions of the Garden State Parkway and I-195 dissect Wall Township making it nearly impossible to not travel through Wall after a night of drinking. Recent Wall drunk driving related stops have been reported on Route 34 just outside the Garden State Parkway entrance, and on Route 138 (the entrance of I-195).

DWI and DUI are serious offenses in Wall Township and all throughout New Jersey. In 2010, there were an estimated 350 DWIs in Wall. In order to be convicted of a per se DWI/DUI in Wall Township and all of New Jersey, your BAC must be 0.08% or over. For a first offense drunk driving in New Jersey, depending on your BAC level from the new Alcotest® 7110 breath testing device (0.08%-0.15% or above) you face very serious penalties.

Penalties for a first offense DWI in New Jersey include: (1) loss of your driver's license for up to a year; (2) a fine of up to $500.00 plus other fees and administrative costs; (3) up to 30 days in jail; (4) completion of a program at an Intoxicated Driver Resource Center; and (5) you may have to install an ignition interlock device into your vehicle.

Refusal in Wall Township is also a common charge. Refusal charges can be written when the alleged intoxicated motorist refuses to submit to a breath test or a blood test to determine their Blood Alcohol Content (BAC). There is a process that all Wall Township Police Officers must follow which is contained on the Division of Motor Vehicles Standard Statement. The officer must read you your rights and the law contained thereon, and ask if you will submit to a BAC test. If you refuse, the officer is then required to read an additional legal warning and ask once more. If you refuse the second time, you will be charged with a refusal. If convicted of the refusal, you may face similar penalties to those of an actual DWI. One major difference is that if convicted of refusal, you will be ordered to install an Ignition Interlock Device in your motor vehicle even if it is a first refusal. These devices will not allow you to turn on your automobile unless the device determines that there is no alcohol in your system.

Continue reading "DWI In Wall Township: Call an Experienced Wall Township DWI Attorney" »

Millstone is a township of about 10,000 residents in Monmouth County, bordered directly by Roosevelt, Upper Freehold, Manalapan, and Freehold. It is directly accessible by CR 571, CR 524, CR 526, CR 527, CR 537, and Interstate 195. Millstone, being located extremely close to Six Flags Great Adventure, receives a large amount of traffic throughout the year, which increases at a furious rate as summer approaches. Local roads quickly become more and more congested and this does not go unnoticed by local law enforcement. Millstone Police, eager to insure that the new summer crowds do not disrupt the safe and quiet nature of the township, usually start to crack down during this time of year. This leads to an increased amount of disorderly persons offenses in Millstone, traffic violations in Millstone, and DWI charges in Millstone.

Disorderly persons offenses refer to a general category of offenses with some of the most popular being disorderly conduct (N.J.S. 2C:33-2), trespass (N.J.S. 2C: 18-3), criminal mischief (N.J.S. 2C: 17-3), simple assault (N.J.S. 2C: 12-1), use or possession of a fake ID (N.J.S. 2C: 28-7), underage drinking (N.J.S. 2C:33-15), possession of drugs or drug paraphernalia (N.J.S. 2C:35-10 and N.J.S. 2C: 36-2), and resisting arrest (N.J.S. 2C:29-2). If convicted of one of these offenses, an individual faces penalties including jail time, significant monetary fines, and community service. Last year alone, there were 43 disorderly persons offenses in Millstone.

Motor vehicle moving violations are frequently written in Millstone, mostly because of its large number of high speed roads and the amount of attention it attracts being located so close to Six Flags. While moving violations such as speeding, reckless, careless or unsafe driving, and tailgating are sometimes viewed as trivial, penalties for one of these New Jersey traffic violations can include significant monetary fines, points assessed to your driver's license and possible license suspension with the accumulation of points. Alcohol related NJ drunk driving charges carry with them even more excessive punishments which have extremely long lasting effects. An individual convicted of a DWI could face penalties including loss of license, significant monetary fines, jail time, the enrollment into an Intoxicated Driver Resource Center program, the installation of an ignition interlock device system into their car, and the lifelong stigma of having been convicted of such a serious offense. Last year there were 925 moving violations in Millstone and 35 DWIs in Millstone.

Continue reading "Millstone Criminal Defense Attorney: Millstone Municipal Court" »