March 2011 Archives

March 31, 2011

North Brunswick DWI Lawyer - DUI Court

North Brunswick Municipal Court, also known as North Brunswick DUI Court, DWI Court, has original jurisdiction in cases involving drunk driving arrests, disorderly persons arrests and traffic violations. North Brunswick Township is patrolled by North Brunswick Police and New Jersey State Police.

Most DWI arrests in North Brunswick take place on Route 1, Route 130, Route 26, Route 27, and Route 91. If you have been arrested for a DUI in North Brunswick Township, call a North Brunswick DWI lawyer to find out if it may be possible to beat the DWI or secure you the best possible plea agreement. This may include getting the breath test (Alcotest) readings thrown out, or getting the DWI or other tickets dismissed or with the minimum penalties.

New Jersey DWI law is always evolving and requires defense attorneys to be creative, experienced and knowledgable. You should not hire a general practicioner to represent you for your North Brunswick DWI.

The first part of defending against a DUI charge is to attend your first appearance and enter a plea of not-guilty. If you retain a defense attorney before your first arraignment, your appearance can be waived at this hearing. Remember, you have the right to remain silent. So you should really not say anything at this point other than "not-guilty".

Next, your attorney will demand a speedy trial and request all discovery in your case. Discovery simply means evidence. You have the right to have all evidence in your case turned over, as well as any information which may lead to exculpatory evidence under Brady v. Maryland and Rule 7:7-7. Your attorney should make sure to obtain all police reports, narratives, arrests reports, both the officer's dash cam (MVR) and any in-station video which may exist.

There is also a battery of reports pertaining to the alcotest machine, including the Alcohol influence report (AIR). The police dispatch time log, known as the Computer Automated Dispatch Report (CAD) should also be requested, along with the Data Downloads from the breath testing machine. The Data Downloads are only downloaded every six months, which may delay your case.

March 30, 2011

Monmouth County Assault Charge Lawyer

I represent clients on a regular basis who have been charged with assault in Monmouth County. While Simple Assault is a disorderly persons offense in New Jersey, Aggravated Assault carries felony consequences. Call now to speak with a Monmouth County Assault Lawyer.

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March 30, 2011

Monmouth County Marijuana Lawyer - Superior and Municipal Court

If you have been arrested for possession of less than 50 grams of marijuana in Monmouth County, New Jersey, you face six months in jail, a $1,000 fine, a $500 DEDR penalty, $75 safe streets assessment, $50 VCCB penalty and $33 court costs. In addition, there is a minimum driver's license suspension for six months for any drug offense in New Jersey, including possession of marijuana or drug paraphernalia. More than 50 grams exposes you to a felony conviction.

If you have been charged in any Monmouth County town with possession of marijuana or other drug offense, you will probably be scheduled for a first appearance in that town's municipal court. Or your case could be sent to the Superior Court - Criminal Part. Contact a Monmouth County Drug Arrest Lawyer for a free consultation before appearing in court.

Possession of 50 grams or less of marijuana or being under the influence of marijuana is classified not as a felony, or "crime" under New Jersey Law. Rather, it is a disorderly persons offense, which are punishable by up to six months in jail and a fine of up to $1,000. A conviction of more than 50 grams or marijuana is punishable by up to 18 month in jail and a fine of up to $25,000. A charge of possession within 1,000 feet of a school adds an another 100 hours or more of community service to the sentence.

Manufacturing or distributing less than a single ounce of marijuana can be punished by up to 18 months in jail and a fine of $10,000. If you are caught distributing one ounce or more, it is a third degree indictable, which penalty increases to 3 - 5 years in prison and a fine up to $25,000. Manufacture or sale of five pounds or more or cultivation of 10 - 50 plants is punishable by 5 - 10 years in prison and a fine up to $150,000. For amounts of 25 pounds or greater, or cultivation of greater than 50 plants, the penalties increase to 10 - 20 years in prison and a fine up to $300,000.

Manalapan, Marlboro, Englishtown, Freehold, Howell, Millstone, Upper Freehold, Allentown, Matawan, Aberdeen, Tinton Falls, Colts Neck, Neptune, Asbury Park, Keansburg, Keyport, Middletown, Red Bank, Atlantic Highlands, Highlands, Hazlet, Holmdel, Rumson, Fair Haven, Farmingdale, Wall Township, Belmar, Spring Lake, Long Branch, West Long Branch, Eatontown, Oceanport, Ocean Township, Allenhurst, Loch Arbor, Avon, Bradley Beach, Bay Head, Deal,

March 29, 2011

Lakewood DUI and Refusal Attorney

Any Lakewood New Jersey DWI arrest defendants will have their case heard before the Lakewood Municipal Court. The judge in the Lakewood DWI court is the Honorable Scott Basen, J.M.C. Judge Basen also presides in Aberdeen Municipal Court and Freehold Borough Municipal Court. You should speak with a Lakewood DUI lawyer before your first appearance in court to discuss what rights you have and what defenses may exist in your case.

DWI convictions in New Jersey are not criminal violations. As serious as a New Jersey DWI is, it is still technically a traffic violation. What this also means though is that a DUI conviction will remain on your motor vehicle history forever. There is no possibility of ever expunging a New Jersey DWI.

A big mistake DWI suspects also make is to refuse to provide the police with a breath sample. Refusal to submit to the Alcotest in New Jersey is a totally separate offense from the underlying drunk driving charge Until recently, Refusal convictions in New Jersey were treated as prior and subsequent DUI convictions for DWI sentencing. The law recently changed on this issue. A refusal conviction - first offense - carries a minimum 7 month driver's license suspension.

Defending a refusal case is tough, but defenses do exist. It might be possible to argue that there was no probable cause to arrest you. There may have been a language or confusion issue. Other defenses exist as well, but they all depend on the specific facts of your case.

March 29, 2011

Cranbury DUI Lawyer and Refusal Defense - New Jersey Court

Cranbury DWI arrest defendants will have their case heard in the joint Plainsboro - Cranbury Municipal Court. The judge in Cranbury DWI court is the Honorable Edward Herman, J.M.C. You should contact a Cranbury DWI lawyer before your first appearance in court to discuss your rights and what defenses may exist in your case.

DWI convictions in New Jersey are not criminal violations. As serious as a New Jersey DWI is, it is still technically a traffic violation. The flip side to this however, is that a DWI conviction stays permanently on your motor vehicle history. There is no possibility of expunging a New Jersey drunk driving conviction.

A common misconception is that you should refuse to give a breath sample. This is a huge mistake in most cases. Refusing to submit to a breath test in New Jersey is a completely separate offense from the underlying DWI. Until recently, Refusal convictions in New Jersey were treated as prior and subsequent DUI convictions for DWI sentencing. The law recently changed on this issue. A refusal conviction - first offense - carries a minimum 7 month driver's license suspension.

Defending a refusal case is difficult, but defenses do exist. It may be possible to argue that there was no probable cause to arrest you. There may have been a language or confusion issue. Other defenses exist, but all depend on the facts of your case.

March 28, 2011

Defendant Asks for Lawyer, but Court still Allowed Confession

State v. Damu Alston, ? N.J. ?, 2011 N.J. LEXIS 15 (January 20, 2011) - Judgment admitting confession into evidence at trial affirmed.

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March 27, 2011

Plainsboro DWI Lawyer - New Jersey Court

Police in Plainsboro New Jersey issue a lot of summons for drunk driving, DUI, DWI. Call now to speak with a Plainsboro DWI lawyer. If you are arrested in Plainsboro for a DWI, you will be issued tickets for the DWI and whatever other traffic or criminal violations you have been accused of committing. On those tickets, at the bottom right, there will be a date set for your first appearance.

This is where the judge will read you the charges, advise you of your rights and the penalties you face and accept your plea. This will conducted in the Plainsboro Municipal Court. Plainsboro and Cranbury Court are located in the same building. The judge in Plainsboro - Cranbury DWI court is the Honorable Edward Herman, J.M.C.

For a first offense, if the State has a valid breath, blood or urine screening showing a blood alcohol concentration of .08 to .99 %, if you are convicted the court must suspend your driver's license for 90 days. While a DWI does not carry points, you will pay about $1,000 in fines in court, and the DMV (MVC) will issue you a surcharge of $1,000 a year for the next three years. If your blood alcohol concentration (BAC) is .1 % or higher, the suspension must be from seven months to one year. For a second offense,the suspension is two years. For a third offense, the suspension is ten years, plus a mandatory 180 days in jail. There are ways to beat a NJ DWI, but all defenses depend on the facts of your particular case.

March 26, 2011

Eatontown DWI Lawyer - New Jersey Court

A lot of arrests for drunk driving, DWI, DUI are made in Eatontown Borough by Eatontown Police. If you are charged with a DWI, in violation of N.J.S.A. 39:4-50 in Eatontown, call a Eatontown DWI lawyer to see if there is any way to beat the DUI. You should retain an attorney as soon as possible in order to preserve your rights and begin defending against the case. The Eatontown Municipal Court has jurisdiction over drunk driving, disorderly persons and traffic tickets in Eatontown. The Honorable Mark T. Apostolou, J.M.C. is the judge in Eatontown DWI court.

The first step in defending against an Eatontown DUI is plead not-guilty, demand a speedy trial, and request all evidence in the state's possession. There are two ways the police can prove a DWI, by "observations" or by showing that your blood alcohol content was .08% or above. This can be done though a valid breath test, blood test, or urine screen. In the case of a breath test, the machine used in New Jersey to test DWI suspects breath is the Alcotest. The Alcotest was deemed to be scientifically reliable in the landmark DUI case of State v. Chun.

You do not have the right to refuse to submit to a breath test. Moreover, if you do so, that can trigger your being charged with an entirely separate but equally serious charge. While you have the right to refuse to conduct sobriety testing, this can be used as a presumption that you were intoxicated. You do not have to submit to blood or urine screening, but the police can use a reasonable degree of force in order to draw the same from you.

March 25, 2011

Millstone DWI Court Lawyer - New Jersey

Defense Attorney for Millstone DWI

Millstone Township Municipal Court, also known as Millstone Municipal Court, has original jurisdiction over DUI arrests, disorderly persons charges and traffic tickets. Millstone and Roosevelt Borough do not have their own police forces. The New Jersey State Police patrol these towns. Most DWI arrests in Millstone occur on I-195, Route 33 and Route 527. If you have been arrested for a DUI in Millstone Township, call a Millstone DWI lawyer to find out it might be possible to beat the DWI or secure you the best possible plea agreement.

Millstone Municipal Court

Roosevelt Millstone Municipal Court is located at 215 Millstone Rd., Millstone. Phone: (732) 446-6219. Trials: Tues., 4 P.M.; Arraignments: Tues., 4:30 P.M. Judge: Hon. Thomas F.X. Foley. Prosecutor: Richard Kelly, Esq.

The N.J. State Police Uniform Crime registered four major crimes in 2010. This results in a crime rate per 1,000 residents of 45 and a violent rate of 0.0 (the only one in the county with this rate). The reports only included two burglaries and six incidents of domestic violence. There were no murders, rapes, robberies, assaults, bias crimes or cases of police force.

Millstone DWI Lawyer

New Jersey DWI law is constantly changing and requires attorneys to be creative, persistent and dedicated. You should not hire a jack of all trades to represent you for your Millstone DWI. Call now for a consultation on your case.

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March 25, 2011

Manalapan DWI Lawyer - NJ Court

Manalapan Township Municipal Court has jurisdiction over DUI arrests, disorderly persons charges and traffic tickets. Manalapan Police led by Chief Stuart Brown are very active, writing summons for DWI, DUI, drunk driving on a regular basis. If you have been charged with a DWI in Manalapan Township, call a Manalapan DWI lawyer to find out what defenses may exist in your case.

New Jersey DWI law is highly specialized and requires attorneys to keep abreast of the constant developments. You should not hire a general attorney to handle your Manalapan DWI. The first step in defending against a DWI is to attend your arraignment and enter a plea of not-guilty. If you retain a defense attorney before your first arraignment, your appearance can be waived at this hearing.

Next, your attorney will demand a speedy trial and request all discovery in your case. Discovery simply means evidence. You have the right to have all evidence in your case turned over, as well as any information which may lead to exculpatory evidence under Brady v. Maryland and Rule 7:7-7. Your attorney should make sure to obtain all police reports, narratives, arrests reports, both the officer's dash cam (MVR) and any in-station video which may exist.

There is also a battery of reports pertaining to the alcotest machine, including the Alcohol influence report (AIR). The police dispatch time log, known as the Computer Automated Dispatch Report (CAD) should also be requested, along with the Data Downloads from the breath testing machine. The Data Downloads are only downloaded every six months, which may delay your case.

March 24, 2011

Tinton Falls DWI Court Lawyer

Tinton Falls Police as well as New Jersey State Police arrest lots of people for DWI, DUI, drunk driving. If you are in the unfortunate position of being charged with driving while intoxicated in Tinton Falls Township, you should call now to speak with a Tinton Falls DWI lawyer. Your arraignment may be waived if you have already retained an attorney.

Tinton Falls Township is located in eastern Monmouth County, New Jersey. The judge in Tinton Falls Municipal Court is the Honorable Richard Thompson, J.M.C. Judge Thompson also presides in Colts Neck Court. The prosecutor in Tinton Falls Court is Sean Kean, Esq. and Michael Burns, Esq. Court sessions are held on Tuesdays at 8:00 a.m. and throughout the morning.

There are several ways to beat a NJ DUI. Many of these defenses involve the police officer or State Trooper who arrested you to have made some kind of mistake. A small mistake made by the officer can be the difference in keeping your license and losing it. Some common mistakes made by arresting and processing officers in DWI arrests include not observing the suspect for 20 minutes prior to the breath testing and forgetting to change the mouthpiece between the two (or more) breath tests.

Other defenses to a DWI charge are that there was no probable cause to arrest and conduct breath testing, that the Alcotest machine was not functioning properly, or that the officer who conducted the breath testing was not properly certified to do so. Other defenses exist depending on the facts of your case. A good defense attorney will force the police to turn over all evidence they have. If they fail to do so, this in itself can be grounds to get the case dismissed. Call now for a free DWI consultation.

March 24, 2011

Manchester DWI Court Lawyer - New Jersey

Manchester Police and New Jersey State Police make plenty of arrests for DWI, DUI, drunk driving. If you are charged with driving while intoxicated in Manchester Township, you should call now to speak with a Manchester DWI lawyer. Your first appearance in court may be waived if you have already retained an attorney.

Manchester Township is located in northern Ocean County, New Jersey. The judge in Manchester Municipal Court is the Honorable Daniel F. Sahin, J.M.C. The prosecutors in Manchester are Valter Must, Esq. and Michael Burns, Esq. Court sessions are held on Wednesdays at 1:00 p.m. and 4:00 p.m.

There are many ways to beat a NJ DWI. Many involve the officer who arrested you making some kind of mistake. A small mistake made by the officer can be the difference in keeping your license and losing it. Some common mistakes made by arresting and processing officers in DWI arrests include not observing the suspect for 20 minutes prior to the breath testing and forgetting to change the mouthpiece between the two (or more) breath tests.

Other defenses to a DWI charge are that there was no probable cause to arrest and conduct breath testing, that the Alcotest machine was not functioning properly, or that the officer who conducted the breath testing was not properly certified to do so. Other defenses exist depending on the facts of your case. A good defense attorney will force the police to turn over all evidence they have. If they fail to do so, this in itself can be grounds to get the case dismissed. Call now for a free DWI consultation.

March 23, 2011

Hazlet DWI Court Lawyer

Hazlet police make a lot of DWI - DUI arrests. If you are arrested for a DWI in Hazlet, you will have to appear for an arraignment in the Hazlet Municipal Court for a first appearance. You should all a Hazlet DWI lawyer before attending this hearing. At this first appearance, the judge will read you the charges against you and you will then enter a plea of either guilty or not-guilty.

The penalties for a DWI in New Jersey are severe. However, there are defenses to the charge. Sometimes, the NJ DUI charge can even be beat. These defenses include whether the police stopped you for a valid reason and whether the officer had probable cause to arrest you. To support probable cause, the officer will likely testify that he detected the odor of alcohol. It is important to note where the officer detected the odor of alcohol emanating from. Was it from the driver's breath? The interior of the car? Or maybe one of the passengers?

Another defense is that the officer did not have a valid reason to keep the driver detained to conduct sobriety testing. The violation of a motor vehicle violation does not normally rise to reasonable suspicion that the driver of the vehicle is intoxicated. This is a defense that is sometimes overlooked. However, an experienced New Jersey DWI lawyer will carefully review all the evidence in your case to find defenses such as these.

The judge in the Hazlet Municipal Court is the Honorable Thomas F.X. Foley, J.M.C. Cout is held on Thursdays. Hazlet is located in northern Monmouth County.

March 22, 2011

Howell DUI Lawyer - Howell DWI Court

Howell Police and New Jersey State Police Police make a ton of arrests in Howell Township for drunk driving. It is crucial to contact a Howell DWI lawyer before attending your arraignment in the Howell DWI court. The judge in Howell Township is the Honorable Alan Kaplan, J.M.C. The prosecutor is State Senator Sean Kean, Esq. Richard Lomurro, Esq. is the public defender.

A good New Jersey DWI lawyer may be able to find a way to beat the DWI or charge or get you the best result. Some common defenses to a Howell DWI are:

After stopping you for a traffic ticket in Howell, the police did not have enough information to detain you and conducting standard field sobriety tests. These tests may include the HGN test, the walk and turn test and the one-leg stand.

Even if you are pulled over for a valid reason this does not give police the right to automatically detain you for sobriety testing. Rather, they still must have reasonable suspicion that you are driving under the influence. This can be the smell of alcohol, slurred speech, etc.

There was no probable cause to arrest you for drunk driving. If, after conducting a valid motor vehicle stop, finding reasonable suspicion to conduct sobriety tests, and then conducting these tests, the officer reasonably believes they have probable cause to arrest you, they will place you under arrest for drunk driving.

These tests all have weaknesses and may be challenged. If your DWI defense attorney can convince the judge that there was not enough evidence to support probable cause, the results of any breathalyzer or alcotest testing may be thrown out.

March 22, 2011

Wall Township DWI Lawyer - Wall DUI Court

Wall Township Police and New Jersey State Police make a lot of arrests in Wall, New Jersey for drunk driving, DWI, DUI. If you are arrested for a DWI in Wall, you will be scheduled for a first appearance in the Wall DWI Court. You should call a Wall DWI lawyer before appearing in court to find out how to defend, and possibly beat the New Jersey DWI charge. The judge in Wall DWI court is the Honorable Joseph Defino, J.M.C. The prosecutor is John Lane, Esq.

DWI penalties in New Jersey include the loss of your driver's license for 90 days to one-year depending on your blood alcohol content for a first offense. For a second offense, the license suspension is two years. For a third offense, the license suspension is 10-years. There is no such thing as a work or emergency license in New Jersey. Suspended means no driving.

A good Wall Township DWI Lawyer may be able to find ways to beat a New Jersey DWI arrest. There are some defenses that can be raised based on issues that may have occurred before your arrests.

One common defense to a Wall DWI is that the police did not have a valid reason to stop your vehicle in the first place. In order to pull your car over, the police must have what is known as "reasonable suspicion." That you have broken a traffic or criminal law. If the police pulled you over for no good reason and later conducted sobriety tests or breath testing on you, those tests may be thrown out.

March 22, 2011

How to Beat a New Jersey DWI - DUI

New Jersey Drunk Driving Defense (Defenses for Before the DWI arrest)

How can someone charged with drunk driving in New Jersey beat the charge and keep their driver's license? Unfortunately, most do not. The reality is that there are a lot of politics behind New Jersey DWI laws. It seems that every year the legislature adds new, sometimes draconian, penalties for DUI convictions.

However, a skilled NJ DWI defense attorney may be able to find ways to beat a New Jersey DWI arrest. There are some defenses that can be raised based on issues that may have occurred before your arrests. Here are some of the best pre-arrest defenses that many good DUI lawyers in New Jersey have found success with:

1) The police did not have a valid reason to stop your vehicle in the first place. In order to pull your car over, the police must have what is known as "reasonable suspicion." That you have broken a traffic or criminal law. If the police pulled you over for no good reason and later conducted sobriety tests or breath testing on you, those tests may be thrown out.

2) After pulling you over, the police did not have enough evidence to warrant detaining you and conducting sobriety tests. This is a great issue, but it sometimes gets looked over. Even if you are pulled over for a valid reason this does not give police the right to automatically detain you for sobriety testing. Rather, they still must have reasonable suspicion that you are driving under the influence. This can be the smell of alcohol, slurred speech, etc.

3) There was no probable cause to arrest you for drunk driving. If, after conducting a valid motor vehicle stop, finding reasonable suspicion to conduct sobriety tests, and then conducting these tests, the officer reasonably believes they have probable cause to arrest you, they will place you under arrest for drunk driving. These tests all have weaknesses and may be challenged. If your DWI defense attorney can convince the judge that there was not enough evidence to support probable cause, the results of any breathalyzer or alcotest testing may be thrown out.

4) The police cannot prove that you intended to operate or drove the vehicle in the first place. While this may seem obvious, some of these cases are close calls. In one published case, a patron stumbled out of a bar, walked over to her care, got inside and put the keys into the ignition. Her DWI conviction was affirmed on appeal. However, we have had success in defending DUI arrests on this issue. These issues are very fact-sensitive.

5) The police cannot prove that you actually operated the vehicle. In order for you to be convicted of a New Jersey DWI, the police must prove beyond a reasonable doubt that you drove the vehicle. In some cases, the defendant flees before the police can respond to an accident. If there is a long gap in time between the alleged operation and the time when the defendant is caught, this may be used to beat the DWI case. The longer the time, the stronger the defense. It hurts though if the case is in a rural area. Better to be in an urban area where there are bars and liquor stores where it is possible for the drinking to have later taken place. See also the so-called "glove-box" cases.

March 21, 2011

Defendant's Statement was Properly Admitted at Trial

State v. Daniel Twian Brown, ? N.J. ?, 2011 N.J. LEXIS 81 (January 25, 2011) - Convictions and denial of suppression of statements affirmed. "This case involves the validity of a warrantless arrest and its impact on defendant's post-arrest statements to the police.

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March 20, 2011

Confession made Shortly After Miranda Warnings Was Not Ambiguous

State v. Damu Alston, ? N.J. ?, 2011 N.J. LEXIS 15 (January 20, 2011) - Judgment admitting confession into evidence at trial affirmed. "This appeal requires this Court to consider whether the statements made by defendant immediately after he signed the waiver of his rights were an ambiguous assertion of his right to counsel and whether the detective's questions in response constituted a permissible clarification....

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March 19, 2011

NJ Scheduled Suspension by Trenton DMV Lawyer - MVC, Points, Probation

An experienced DMV lawyer can challenge your proposed DMV suspension. It is hard to imagine living in New Jersey without a valid driver's license. Because of the paucity of reliable public transportation in the State, a proposed suspension can strike fear into the driver's heart for good reason.

The process starts with the New Jersey MVC (DMV) deciding that they are going to suspend your license because of points or some other reason. You are eligible to have your license suspended for points if you have accumulated 12 or more points. The DMV (MVC) will send you a letter notifying you that they intend to suspend your license for a specific amount of time.

You only have a certain amount of time to respond to this notice or your license will be suspended. Many people make the mistake of trying to handle this situation on their own. They usually don't even get so far as to properly submit the hearing request letter.

A request for a hearing must be made in writing and sent to the MVC in Trenton. The request must comply with certain rules. If your request fails to set forth any disputed material facts, legal issues, or arguments of such issues, the request will be denied and the suspension will become effective on the date specified by the Commission and constitute the Commission's final decision on the matter. If your MVC - DMV Trenton attorney properly requests a hearing, the suspension will not become effective pending a decision on your request.

My office frequently appears on driver's whose licenses have been targeted for suspension my the DMV. We have had this suspensions reduced considerably for our clients.

March 19, 2011

New Jersey DMV (MVC) Suspension Hearing and Conference Lawyer

If a proposed suspension notice from the New Jersey Motor Vehicle Commission (formerly known as the DMV) has arrived in your mailbox, you should contact a NJ DMV lawyer immediately. You only have a short time to request a hearing from the MVC.

A common reason to receive such a notice is if you have violated NJ's probationary driving program. The letter will say: Scheduled Suspension Notice, and read as follows:

"Your New Jersey driving privilege is scheduled to be suspended as of DATE for 90, 120 or even more days. By authority of N.J.S.A. 39:3-10b, 39:5-30 and N.J.A.C. 13:19-10.1 et seq., Motor Vehicle Commission has scheduled the suspension of your New Jersey driving privilege because you committed the violation of the motor vehicle laws described below within a period of one year following the successful completion of a probationary driver program.

The notice will then list the date, location and nature of the offense.

You may accept this suspension or request a hearing. To accept this suspension or request a hearing. To accpt this suspension, sign the bottom part of this notice, detach, and return it to Motor Vehicle Commission with your current New Jersey driver license and restoration fee payment. Please use the enclosed envelope. A hearing request must be in writing and mailed before the above suspension effective date to: Motor Vehicle Commission, Hearing Unit, PO Box 166, Trenton, NJ 08666-0166. Enclose a copy of this notice.

Your request must specify all disputed material facts and legal issues you or your attorney intend to raise at a hearing and must present all arguments on those issues you wish the Commission to consider.

March 18, 2011

Robbinsville Drug Arrest Lawyer in New Jersey

Robbinsville Police make a surprising number of arrest for Marijuana, drug and drug paraphernalia possession in the Township of Robbinsville. If you have had the misfortune of being charged with a drug offense, possession of a controlled dangerous substance, drug paraphernalia or marijuana possession, you will be summoned to appear for a first appearance in the Robbinsville Municipal Court. The Robbinsvlle Court is also sometimes known as the Washington Township Municipal Court.

Before you appear for this arraignment for a marijuana or other drug offense, you should contact a Robbinsville defense lawyer to discuss your rights and how to best defend yourself against the charges. Robbinville Township is located in eastern Mercer County, New Jersey. A lot of these arrests in Robbinsville occur after traffic stops for tickets on Route 130. The Judge in Robbinsville Court is the Honorable Douglas Hoffman, J.M.C. The prosecutor is Christopher K. Koutsouris, Esq.

In the State of New Jersey, both charges of possession of less than 50 grams of marijuana and possession of drug paraphernalia are classified as "disorderly persons" offenses. Disorderly persons offenses are criminal charges, but not technically "crimes" or felonies under New Jersey law. Disorderly Persons offenses, or "DP"s are punishable by up to six months jail and a 1,000 fine. The judge must also impose a $500 DEDR penalty and other sanctions or a marijuana conviction.

In addition, the New Jersey Legislature has deemed that these offenses must also carry a mandatory minimum six month license suspension. This is to be imposed even if a car was not involved in the possession. Of course, a criminal conviction can be made part of your record, which can follow you around until you may obtain an expungement.

An experienced attorney may be able to get the charges against you dismissed through a diversionary program such as a conditional discharge. The search of your person or your vehicle may have been illegal, and subject to suppression. There may be other defenses to the charge but all depend on the facts of your specific case.

March 18, 2011

Freehold Pre-Indictment Conference Court Lawyer - Monmouth Court

It is vital to retain a Monmouth County criminal defense attorney to protect your rights in Pre-indictment court. This court, located in Freehold, is a pretty fast-paced and slightly hectic place. However, while receiving a summons to appear for a pre-indictment conference in Freehold can be nerve-wracking, you might consider yourself lucky.

Cases that are scheduled for pre-indictment court are usually relatively recent charges. Typically, once the file is sent to the Monmouth County Prosecutor's Office for review, it will be screened, and if appropriate, sent to the PIP court team. The pre-indictment conference court is held in Judge Scully's courtroom, in the East Wing of the second floor of the Monmouth County Courthouse.

The session begins with your attorney conferencing your case with the assistant prosecutor handling your case, and sometimes with the judge as well. Next, Judge Scully will take the bench, usually around 10:30 and take attendance. Matters are then heard by the Court as they are ready.

This Court is an opportunity to resolve your case at an early juncture. An experienced pre-indictment court attorney can usually secure the best plea offer possible for you at this hearing. If that deal is unacceptable to you, you can simply inform the court and you will likely be excused. Usually, first-time defendant's will plead not-guilty to allow them to apply to the Pre-Trial Intervention Program ("PTI").

Sometimes however, defendant's maintain their innocence and let matters take their course. In such cases, your matter will be presented to a grand jury of 23 people. If the Grand Jury returns an indictment against you, your case will be assigned to a different judge's court and put on the track toward trial.

March 17, 2011

Manalapan Teen Arrested for Drug Possession

For years, authorities in Manalapan Township have tried to curb the trafficking of illegal drugs in Manalapan. The western Monmouth County town has, unfortunately, seen a spike in drug use and abuse among teens in the last few years. Much of this is due to the increased popularity of pain killers and other pill by young people.

Last week, a 19-year-old from Manalapan was arrested and charged with possession of a controlled dangerous substance, possession of drug paraphernalia and possession of a weapon in Manalapan. This arrest, like many others, was made after a routine motor vehicle stop for a traffic violation.

It started after Patrolman Daniel Carey stopped a white Daewoo sedan on Union Hill Road around on the evening of March 9. The officer later determined that the passenger of the vehicle was in possession of ecstasy pills several plastic baggies. The teen was also in possession of a home made "lock in a sock." The device was basically a metal pipe inside sock, commonly used as a weapon in jails.

The young man will face an arraignment in the Manalapan Municipal Court sometime in the coming weeks.

March 17, 2011

Monmouth County Pre-Indictment Conference Plea Court Lawyer - Freehold

Pre Indictment Court - Monmouth County

Monmouth County Superior Court has a special court known as the pre-indictment plea court. It is also often referred to as "PIP" court. If you have received a notice to appear or summons ordering you appear for a pre indictment conference in PIP court, you must attend.

Attendance at this hearing is not optional, but mandatory! Failing to appear for your court date in this Freehold court will result in a warrant being issued for your arrest. If you are picked up on a warrant for missing court, you will stay in jail until you can be bailed out.

The judge in PIP court is the Honorable Thomas F. Scully, J.S.C. Judge Scully is the presiding judge of the Criminal Part of the Monmouth County Superior Court - Law Division. Judge Scully is also the Drug Court judge at the Monmouth Courthouse. The prosecutors in PIP court are usually Alan Stacy, Esq. and Kathleen Bysek, Esq. of the Monmouth County Prosecutor's Office.

The criminal process in New Jersey usually begins with an arrest for either a crime (felony), or disorderly persons offense (misdemeanor). The charging document at this point is usually a complaint, summons or warrant. If the charges against you could be indictable, the complaint will be sent to the Monmouth County Prosecutor's Office for their review. Depending on the severity of the allegations against you, the prosecutor's office will either keep the case or remand it to the Municipal Court having jurisdiction over where you were charged.

If the prosecutor's office decides to keep the case, it will be either scheduled for a pre indictment conference or presented to a grand jury. You should absolutely contact an pre indictment court lawyer if you have received a summons to appear in any New Jersey criminal court.

March 16, 2011

East Brunswick Court Lawyer Help and Court Location

East Brunswick is a heavy volume Municipal Court located in Middlesex County. If you have been charged with a traffic ticket, DWI or criminal offense in East Brunswick Township, call now to speak with an East Brunswick court lawyer.



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March 16, 2011

East Brunswick DWI Attorney Defenses

East Brunswick Police pull over a lot of cars for speeding, tailgating and other traffic tickets in East Brunswick Township. Many of these lead to arrests for DUI. Police officer are trained to check the driver of each of these violations for any trace that the driver may be under the influence of drugs or alcohol. If the police officer has reasonable suspicion that the driver may be intoxicated, he or she may detain the driver so sobriety tests can be conducted.

Standard field sobriety tests that are commonly given to DWI suspects include the "walk and turn test," the "one-leg stand," and the horizontal gaze nystagmus test. It is important to know that the HGN test is not admissible to prove intoxication at trial, but may be admitted to show that the officer had probable cause to make the arrest. This becomes important when the results of the breath test (Alcotest) are being challenged. If the police did not have probable cause to arrest you, then the results of the breath test can be challenged.

East Brunswick has its own Municipal Court, located in central Middlesex County, New Jersey.

There are other tests that police administer to test whether the suspect is driving while intoxicated in New Jersey. These include divided attention tests and rote memory tests such as asking the suspect their social security number and to recite the alphabet. All of these tests have weaknesses, which an experienced attorney can challenge. If you have been charged with a DWI East Brunswick, you should contact an East Brunswick DWI lawyer before attending court to discuss what your rights are and what the potential penalties may be.

March 15, 2011

Hightstown DWI Defense Attorney - Hightstown School Zone DWI

Considering how tiny Hightstown Borough is, Hightstown Police make an impressive amount of arrests for DWI, DUI, Drunk Drunk Driving. Most of these DWI charges take place on Main Street and Route 33. If arrested for a traffic ticket or DWI in Hightstown, call now to speak with a Hightstown DWI lawyer before you go to court.

If you are charged with a DWI in Hightstown, you will be scheduled for a first appearance ("arraignment") before Judge Newman in the Highstown Court. The prosecutor in Englishtown Borough is Robert Yostembowski, Esq. Your appearance at this hearing may be waived if you have already retained an attorney.

Hightstown is located completely encircled by East Windsor Township. The Borough lies in eastern Mercer County New Jersey. However, despite talk for the last few years about Hightstown merging with East Windsor Municipal Court, Highstown has its own town committee, municipal government and police department.

The consequences of being found guilty of a DUI in the State of New Jersey are quite serious. For a first offense, you must lose your drivers license for 90 days if your Blood Alcohol Content is between .08 and .1. Your license will be suspended from 7 months to 1-year if your BAC is .1 or above. Severe financial penalties will also be imposed. You must attend the intoxicated driver's resource center. You must pay the DMV $1,000 surcharge every year for three years. You can also go to jail (usually unlikely). The penalties only get worse for second, third and subsequent offenses.
Hightstown Municipal Court meets on Wednesdays nights at 1:30 and 6:00 p.m.

March 14, 2011

Englishtown DWI Lawyer - School Zone DWI - Englishtown Court

Considering how small Englishtown is, Englishtown Police make a significant number of arrests for DWI, DUI, Drunk Drunk Driving. The majority of these DWI charges take place on Main Street and Wilson Avenue and Tennant Avenue. If you are charged with a DWI in Englishtown, call now to speak with an Englishtown DWI lawyer before you go to court.

If you are charged with a DWI in Englishtown, you will be scheduled for a first appearance ("arraignment") before Judge Newman in the Englishtown Court. The prosecutor in Englishtown Borough is Richard Kelly, Esq. Your appearance at this hearing may be waived if you have already retained an attorney.

Englishtown is located completely encircled by Manalapan Township (home rule anyone?). However, Englishtown retains its own town committee, municipal government and police department. The Borough is in western Monmouth County, New Jersey.

The consequences of being convicted of a dwi in New Jersey are almost draconian. For a first offense, you must lose your drivers license for 90 days if your Blood Alcohol Content is between .08 and .1. Your license will be suspended from 7 months to 1-year if your BAC is .1 or above. Severe financial penalties will also be imposed. You must attend the intoxicated driver's resource center. You must pay the DMV $1,000 surcharge every year for three years. You can also go to jail (usually unlikely). The penalties only get worse for second, third and subsequent offenses.

Englishtown Court meets on Wednesdays nights at 5:00 p.m of the first and third Wednesdays of each month.

March 13, 2011

Freehold Juvenile Court Criminal Defense - Monmouth County Superior Court

Juveniles who are charged with criminal offenses in Monmouth County face serious consequences. It is vital to consult with an experienced Freehold juvenile defense attorney if your child has been scheduled a court appearance in the Family Part of the Superior Court in Monmouth County.

Parents whose children have been arrested for shoplifting, assault, trespassing or other criminal acts are understandingly upset as it is, and New Jersey's juvenile justice system does not usually make things any easier. There is a common misconception that juvenile adjudications "don't matter" and that they simply go away and are sealed. Rather, juvenile's can face lasting consequences for their misdeeds. For example, law school applications, medical school applications, law enforcement and some government jobs require applicants to disclose their entire criminal history, even that which occurred when the applicant was under 18 years old.

Under New Jersey law, juveniles are never really "arrested." Rather, they are "taken into custody." If the allegations against them are proven in court, they are not "convicted of a crime, but rather "adjudicated delinquent." The terminology differences between the adult and juvenile justice system alone can cause great confusion to parents. Municipal Courts in New Jersey are not allowed to hear juvenile delinquency cases. These cases are instead heard in the New Jersey Superior Court, Family Part. If your child has been scheduled to appear in the Juvenile / Family Court, he or she must be represented by an attorney. Call now for a consultation on how the situation can be best handled by an attorney who knows the system.

March 12, 2011

Old Bridge DWI Court Lawyer

Old Bridge Police make a lot of arrests for DWI, DUI, Drunk Drunk Driving. Many of these take place following traffic stops along Route 9, Route 18, Route 34, and Route 516. If you are charged with a DWI in Old Bridge, call now to speak with an Old Bridge DWI lawyer before you go to court.

After you are charged with a DWI in Old Bridge, you will be scheduled for a first appearance ("arraignment") before Judge Weber in the Old Bridge Municipal Court. The prosecutor in Old Bridge is W. Lane Miller, Esq. Your appearance at this hearing may be waived if you have an attorney. If you decide to appear by yourself, bring plenty of patience. Old Bridge is one of the busiest municipal courts in Middlesex County, as well as the whole State of New Jersey. Both adult and Old Bridge juvenile DWIs are issued in Old Bridge.

The penalties for a dwi conviction in New Jersey are severe. For a first offense, you must lost your drivers license from 90 days to 1-year depending on your blood alcohol content and the facts of the case. Substantial financial sanctions can be imposed. You must attend the intoxicated driver's resource center. You must pay the DMV $1,000 surcharge every year for three years. You can also go to jail (usually unlikely). The penalties only get worse for second, third and subsequent offenses.

Old Bridge Court is located at 1 Old Bridge Plaza in Old Bridge Township, Middlesex County. Court sessions are held on Tuesdays and Wednesdays at 9:00 a.m. and 6:00 p.m.

March 11, 2011

Monroe Court Lawyer New Jersey Middlesex County

Monroe Township Municipal Court

Court Sessions: Tuesdays at 9:30, Thursdays at 7:00 p.m.
Judge Boyd is the judge in Monroe Court. The Court Administrator is Donna Linke. Monroe and New Jersey State Police write up a lot of traffic tickets in the Township. Mostly improper passing, tailgating, and related summons. Some DWIs and minor drug possession cases. I've also seen an uptick in Shoplifting arrests in Monroe Township.

Monroe Township is a part Middlesex County, New Jersey. About 30,000 people call Monroe Township home. Call now to speak with a Monroe Township Criminal Defense Lawyer.

Court location:



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March 11, 2011

Monroe Drug Arrests, Marijuana and Paraphernalia, CDS, Painkiller Arrests

A substantial number of Arrests for Drug Possession are made in Monroe Township, New Jersey. Monroe Township Police make a lot of arrests for Marijuana Possession, CDS possession, and some painkillers, pills and pharmaceuticals. Monroe Township is located in southern Middlesex County, New Jersey. Call now to speak with a Monroe Township criminal defense attorney.

Most of these arrests in Monroe Township occur as a result of a traffic stop. Police in Monroe Township typically issue around five summons per day for traffic tickets such as speeding, improper passing, tailgating and DWI. Any time you are stopped for a traffic violation in Monroe, the Monroe police officer will approach the driver and ask to see his or her credentials. If there are any irregularities, or if the police officer smells marijuana or sees any contraband in the vehicle, the cop will likely ask the driver to step out of the vehicle.

If the police officer has probable cause to believe that the vehicle may contain drugs or weapons, the officer may ask for consent to search the vehicle. The driver almost always grants such consent, often to the driver's detriment. I

If you have been charged with drug offense in Monroe, you will be scheduled to appear in the Monroe Township Municipal Court before Judge Boyd. Before your court date, you should contact a drug arrest lawyer to discuss your rights and the penalties you may be facing. It may be possible to beat the case based on a bad or illegal search or to find a way to reduce the charges or penalties.

March 10, 2011

Princeton Township Drug Arrest Lawyer, CDS, Marijuana Defense

Princeton Police make a significant amount of arrests for possession of marijuana, drugs, drug paraphernalia and other controlled dangerous substance (CDS) possession. This is partly because of Princeton Townships roads and highways. Routes 27, 1 and 206 all traverse the Township. These roads bring in tons of traffic tickets, which often lead to searches and seizures of drugs.

Princeton Township is located in eastern Mercer County, New Jersey. Princeton Township has its own municipal court. Princeton Borough also has a Municipal Court, leading to confusion as to where one has to go for their court appearance. These New Jersey Municipal Courts have jurisdiction over traffic tickets, DWI, DUI, Drunk Driving, and criminal matters such as harassment, assault, and drug charges.

After stopping a car over for a traffic violation such as speeding, tailgating, or passing a school bus, police will obviously approach the driver and ask for his or her credentials. Princeton police are well-trained to smell both raw and burnt marijuana. If, during a lawful stop, police smell the odor or marijuana, they may ask the driver for consent to search the vehicle. If the police see drugs, weapons, or contraband in plain view, this may also cause them to search the vehicle.

These searches can be challenged by an experienced criminal defense attorney. Before appearing in Princeton court by yourself, you should find out what your rights are and what penalties you may be facing. Being convicted of a drug offense in New Jersey carries serious consequences such as jail, probation, fines, driver's license suspension and a criminal record.

March 9, 2011

Berkeley New Jersey Drug Arrest, Marijuana and Paraphernalia Possession Defense

A surprising drug arrests are made in Berkeley Township. Berkeley Township Police and New Jersey State Police patrol the Township with the State troopers restricted primarily to the Garden State Parkway section of Berkeley. Berkeley is located at exit 77, the Berkeley Municipal Court is practically in Double Trouble State Park.

The majority of drug arrests in Berkeley are made for marijuana possession and drug paraphernalia possession. Some cocaine and heroin charges are also filed in Berkeley, but are usually transferred to the Ocean County Prosecutor's Office. Pharmaceutical pills, mostly pain killers like oxycontin also lead to many of these charges in Berkeley.

Berkeley Township is located in central Ocean County, New Jersey. The town borders Toms River, which has its own Municipal Court. The judge in Berkeley is the Honorable John Sheehy, J.M.C. If you are caught with drugs, marijuana or paraphernalia in Berkeley, you will have to appear for an arraignment/first appearance before Judge Sheehy in the Berkeley Court. The court meets on Wednesday mornings at 8:00 a.m., but you will likely be there for most of the morning. If you hire a lawyer, your appearance may be waived. You should contact an experienced defense attorney before you attend the first appearance.

A defense to the drug charge may exist. For example, if the stop was made without reasonable suspicion, the stop may be challenged. Or, if there was no probable cause to ask for consent to search the vehicle, the consent may be nullified. Other defenses may exist depending on the facts of the case. Anyone convicted of a disorderly persons drug offense in New Jersey may be subject to up to six months in jail and substantial fines. You may also lose your driver's license for a minimum of six months.
A charge of possession of more than 50 grams of marijuana can lead to felony charges. Possession of cocaine or heroin or pills such as Oxycontin usually leads to felony charges as well.

March 8, 2011

Toms River Drug and Pill Arrests, Marijuana and Paraphernalia Possession Lawyer

A ton of drug arrests are made in Toms River Township. Toms River is also known as Dover Township. South Toms River is a separate Municipality with its own court. Toms River, along with New Jersey State Police patrol Dover Township and Toms River, routinely investigating drug distribution and possession. The majority of these arrests are made for marijuana possession and drug paraphernalia possession. However, Toms River is also unfortunately known as the heroin capital of New Jersey. Pharmaceutical pills found without a script also lead to many of these charges in Toms River.

Toms River - Dover Township is located in northern Ocean County, New Jersey. The town borders Lakewood and Manchester Townships. The judge in Toms River the Honorable James Ligouri, J.M.C. The prosecutors are Steven Zabarsky, Paul Branick, and John Reilly, Esq. If you are arrested for a drug charge in Toms River or Dover Township, you will have to appear for an arraignment/first appearance before Judge Ligouri in the Dover Township Municipal Court. If you hire a lawyer, your appearance may be waived. So it's important to contact an experienced defense attorney before you attend the first appearance.

There may be a valid defense to the drug charge. For example, if you were not pulled over for a valid reason, the stop may be challenged. Or, if there was no probable cause to ask for consent to search the vehicle, the consent may be nullified. Other defenses may exist depending on the facts of the case. Anyone convicted of a disorderly persons drug offense in New Jersey may be subject to up to six months in jail and substantial fines. You may also lose your driver's license for a minimum of six months.

A charge of possession of more than 50 grams of marijuana can lead to felony charges. Possession of cocaine or heroin or pills such as Oxycontin usually leads to felony charges as well.

March 8, 2011

Manchester New Jersey Drug Charge, Marijuana and Paraphernalia Possession Defense

A fair amount of drug arrests are made in Manchester Township. Manchester Police and New Jersey State Police patrol Manchester, actively investigating drug distribution and possession. The majority of these arrests are made for marijuana possession and drug paraphernalia possession. Pharmaceutical pills found without a prescription also lead to a lot of these charges in Manchester.

Manchester Township is located in northern Ocean County, New Jersey. The judge in Manchester is the Honorable Daniel Sahin, J.M.C. The prosecutors are Valter Must, Esq. Robert Rothstein, Esq., and Michael Burns, Esq. If you are charged with a drug charge in Manchester Township, you will have to appear for an arraignment/first appearance before Judge Sahin in the Manchester Township Municipal Court. If you are represented by an attorney, your appearance may be waived. It is therefore important to contact a criminal defense attorney before attending the first appearance.

There may be valid defenses to the drug charge. For example, if the police pulled you over, but not for a valid reason, the stop can be challenged. Or, if there was no probable cause to ask for consent to search the vehicle, the consent may be nullified. Other defenses may exist depending on the facts of the case. Anyone convicted of a disorderly persons drug offense in New Jersey may be subject to up to six months in jail and substantial fines. You may also lose your driver's license for a minimum of six months.

A charge of possession of more than 50 grams of marijuana can lead to felony charges. Possession of cocaine or heroin or pills such as Oxycontin usually leads to felony charges as well.

March 7, 2011

Lakewood Drug Arrest, Marijuana and Paraphernalia Defense (Ocean County - New Jersey)

Lakewood Police have make a lot of Marijuana, drug and drug paraphernalia arrests in the Lakewood Township. If you have been charged with a drug offense, possession of a controlled dangerous substance, drug paraphernalia or marijuana possession, you will be scheduled for a first appearance in the Lakewood Municipal Court.

Before you appear for this arraignment for a marijuana or other drug offense, you should contact a criminal defense attorney to discuss your rights and how to best defend against the charges. Lakewood Township is located in northern Ocean County, New Jersey. The Township has faced some challenges lately, with increased gang activity and corresponding drug problems. The Judge in Lakewood is the Honorable Scott Basen, J.M.C. The prosecutors are Valter Must, Esq. Robert Rothstein, Esq., and Michael Burns, Esq.

In the State of New Jersey, both possession of less than 50 grams of marijuana and possession of drug paraphernalia are "disorderly persons" offenses. Disorderly persons offenses are criminal charges, but not "crimes" or felonies under New Jersey law. Disorderly Persons offenses, or "DP"s are punishable by up to six months jail and a 1,000 fine. The judge must also impose a $500 DEDR penalty and other sanctions or a marijuana conviction.

In addition, the New Jersey Legislature has deemed that these offenses must also carry a mandatory minimum six month license suspension. This is to be imposed even if a car was not involved in the possession. Of course, a criminal conviction can be made part of your record, which can follow you around until you may obtain an expungement.

Most drug arrests in Lakewood take place after police officers conduct motor vehicle stops for violations such as speeding, tailgating, improper passing, and DWI. After making such a stop, the officer may approach the window of the car and detect the smell of marijuana. This may give the officer probable cause to ask for your consent to search the vehicle. Your consent must be given freely and voluntarily, and the right to refuse should be explained to you as well.

If you refuse to grant the officers consent to search the vehicle, they will have to get a warrant unless there is some kind of emergency to search the car.

March 6, 2011

Englishtown Drug Charge, Marijuana Possession and Paraphernalia Defense

Englishtown Police have a reputation for being very active in making Marijuana, drug and drug paraphernalia arrests in the Englishtown Borough. If you have been charged with a drug offense, possession of a controlled dangerous substance, drug paraphernalia or marijuana possession, you will be scheduled for a first appearance in the Englishtown Municipal Court. Before you appear for this arraignment for a marijuana or other drug offense, you should contact a local attorney to discuss your rights and possible defenses.

In the State of New Jersey, both possession of less than 50 grams of marijuana and possession of drug paraphernalia are "disorderly persons" offenses. Disorderly persons offenses are criminal charges, but not "crimes" or felonies under New Jersey law. Disorderly Persons offenses, or "DP"s are punishable by up to six months jail and a 1,000 fine. The judge must also impose a $500 DEDR penalty and other sanctions or a marijuana conviction.

In addition, the New Jersey Legislature has deemed that these offenses must also carry a mandatory minimum six month license suspension. This is to be imposed even if a car was not involved in the possession. Of course, a criminal conviction can be made part of your record, which can follow you around until you may obtain an expungement.

Most drug arrests in Englishtown occur when police officers conduct motor vehicle stops for violations such as speeding, tailgating, improper passing, and DWI. After making such a stop, the officer will approach the window of the car and detect the smell of marijuana. This may give the officer probable cause to ask for your consent to search the vehicle. Your consent must be given freely and voluntarily, and the right to refuse should be explained to you as well.

If you refuse to grant the officers consent to search the vehicle, they will have to get a warrant unless there is some kind of emergency to search the car.

March 5, 2011

West Windsor Court Attorney Help and Location

West Windsor Municipal Court is located in eastern Mercer County New Jersey. West Windsor Police write up a good deal of traffic tickets on the busy roads that traverse West Windsor Township. Some West Windsor DWI and drug arrests, especially for marijuana possession are also made in the town. Complaints for Harassment, Assault, and Shoplifting are also common. Call now to speak with an attorney familiar with the West Windsor Court.



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March 5, 2011

East Windsor Court Lawyer Help and Directions

East Windsor Municipal Court is located in eastern Mercer County New Jersey. East Windsor and New Jersey State Police issue a lot of traffic tickets on Route 33, Route 133, Route 130 and the New Jersey Turnpike. A good deal of DWI and drug arrests, especially for marijuana possession are also made in East Windsor. Complaints for Harassment, Assault, and Shoplifting are also common. Call now to speak with an attorney familiar with the East Windsor Court.


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March 4, 2011

Wall Township Traffic and Speeding Ticket Defense

Wall Township Police and New Jersey State Police issue a great amount of traffic and speeding tickets in the township. These include summons for Drunk Driving, DWI. It is not uncommon for Wall and State Troopers to issue 10 speeding tickets a day. If you have received a traffic or speeding ticket in Wall, it is very important that you not simply pay the ticket and mail it in. Instead, call an attorney familiar with the court to find out what the best way is to resolve the situation.

Wall Municipal Court holds court on Tuesday and Wednesdays at 8:30 a.m. and 1:00 p.m. Speeding is the number one cause of car accidents in the State of New Jersey. Police across the State have therefore been under increased pressure to crack down on speeders. Wall Township lies at the intersection of several major roads and highways. These include the Garden State Parkway, Route 34, Route 35, I-195 and Route 18.

Common moving violations in Wall include improper passing, which carries 4 points, speeding, which can range from 2-5 points, passing a school bus, carries 5 points and mandatory community service, unsafe lane change, two points and Driving Under the Influence.

The Judge in Wall court is the The Honorable E. Thomas Brennan, J.M.C. The prosecutor is John Lane, Esq. The court is located at 2700 Allaire Road, Wall Twp. If you are issued a ticket in Wall Township you ticket will state what day you must pay the ticket or contact the Wall Court to plead not guilty. Call before then to discuss your rights and possible defenses. It may be possible to get your ticket reduced, even to zero points. You also have the right to take your case to trial, where the state will have to prove its case beyond a reasonable doubt.

March 4, 2011

Woodbridge NJ Drug Arrests, Marijuana and Paraphernalia Defense Attorney

Woodbridge Police are very active in investigating drug activity in Woodbridge Township. This, combined with the many roads and highways in Woodbridge, results in a lot of arrests for possession of controlled dangerous substances (CDS) marijuana and drug paraphernalia. If Woodbridge police have arrested you for a drug offense, you be summoned to appear at an arraignment in the Woodbridge Municipal Court. Before your this date, you simply must contact an experienced criminal defense attorney to find out what your rights are and what the possible penalties are that you might be facing.

The consequences of pleading or being found guilty to a drug charge, including Possession of less than 50 grams of marijuana, and possession of drug paraphernalia may not be fully realized until it is too late. These criminal charges are classified as disorderly persons offenses or misdemeanors. While they are not "crimes" under New Jersey law, they still subject you to six months in jail and a 1,000 dollar fine. Your driver's license may also be suspended.

Many people are arrested for drug possession after being stopped for a traffic violation. This is true especially in Woodbridge. Woodbridge is located in central New Jersey in Middlesex County. Many roads and highways go through Woodbridge. These include the Garden State Parkway, Route 9, Route 1, and the New Jersey Turnpike.

There are several judges and prosecutors that preside in the Woodbridge Municipal Court. Woodbridge court can be a very hectic, overwhelming place to find yourself. You should certainly contact an attorney before considering appearing on your own.

March 4, 2011

West Windsor Drug Arrests, Marijuana and Paraphernalia Charges

West Windsor Police actively investigate drug activity in West Windsor Township. This includes possession of marijuana and drug paraphernalia. If West Windsor police have arrested you for a drug offense, you will have to appear for an arraignment in the West Windsor Municipal Court. Before your court date, you should contact an experienced criminal defense attorney to find out what your rights are and what the possible penalties are that you might be facing.

Possession of less than 50 grams of marijuana, and possession of drug paraphernalia are classified as disorderly persons offenses, which are known as misdemeanors in other states. While technically not "crimes" under New Jersey law, they can still subject you to six months in jail and a 1,000 dollar fine. Your driver's license will also be forfeited for at least six months.

Often, individuals are arrested for drug possession after being stopped for a traffic violation. This is true especially in West Windsor and other suburban areas. West Windsor is located in eastern Mercer County, New Jersey. West Windsor should not be confused with East Windsor, which has its own municipal court.

After being stopped for speeding or improper passing or any other West Windsor traffic ticket, the officers may try to search your car if they suspect that it might contain drugs or or weapons. An experienced criminal defense attorney may find ways to challenge the search or minimize the punishment you face. The police may have not had a proper reason to stop you in the first place, or did not properly follow police procedures. This may result in the suppression of the contraband they found.

March 4, 2011

East Windsor Drug, Marijuana and Paraphernalia Arrest Defense Attorney

East Windsor Police, along with the State Troopers, make a lot of arrests for Marijuana possession, drug possession, and possession of drug paraphernalia. If you have been charged with any of these offenses in East Windsor, you will be scheduled for a first appearance in the East Windsor Municipal Court. Before attending this hearing, you should contact an experienced criminal defense attorney familiar with the court to discuss how the charges can be defended.

Possession of less than 50 grams of marijuana, and possession of drug paraphernalia are New Jersey disorderly persons offenses. These charges subject you to six months in jail and a 1,000 dollar fine. You must also forfeit your driver's license for a minimum of six months.

Drug arrests in East Windsor abound, largely because of the many busy roads and highways in the township. Route 33, Route 130 and the New Jersey Turnpike all traverse East Windsor. These highways result in a substantial amount of traffic violations. Such violations include improper passing and driving while license revoked.

If an East Windsor or New Jersey State Police officer stops your vehicle and smells marijuana, they will ask to search your vehicle. Any contraband found in the car may be used to charge you with a drug or weapons offense. There may be defenses to the charges.

For example, we might argue that the officer did not have a valid reason to stop your car. Or, the officer may have not had probable cause to ask for consent to search the vehicle. There are other arguments that can be made to challenge the search of the vehicle, but all depend on the particular facts of the case. Police in New Jersey generally need a warrant to search a vehicle unless an exception to the warrant requirement applies.

March 4, 2011

Freehold Marijuana and Drug Paraphernalia Arrest Lawyer

Freehold Borough and Freehold Township Police are very active in investigating Marijuana, drug and drug paraphernalia arrests in the Borough and Township of Freehold. Both Freehold Township and Freehold Borough have their own municipal courts. Before appearing in either of these courts for a marijuana or other drug offense, you should contact a local attorney to discuss your rights and possible defenses.

In New Jersey, both possession of less than 50 grams of marijuana and possession of drug paraphernalia are "disorderly persons" offenses. Disorderly persons offenses are criminal charges, but not "crimes" or felonies under New Jersey law. Both are punishable by up to six months jail and a 1,000 fine. There are other financial penalties the municipal court judge can impose as well.

As if this was not bad enough, the New Jersey Legislature has deemed that these offenses must also carry a mandatory minimum six month license suspension. This applies even if a motor vehicle was not involved in the possession. Perhaps worse of all though is that a criminal conviction can be made part of your record, which can follow you around until you may obtain an expungement.

A large amount of drug arrests in Freehold are made when Freehold police officers make motor vehicle stops for violations such as speeding, tailgating, improper passing, and DWI. After making such a stop, the officer may approach the window of the car and detect the smell of marijuana. This may give the officer probable cause to ask for your consent to search the vehicle. Your consent must be given freely and voluntarily, and the right to refuse should be explained to you as well.

If you refuse to grant the officers consent to search the vehicle, they will have to get a warrant unless there is some kind of emergency to search the car.

March 3, 2011

East Brunswick Marijuana and Drug Paraphernalia Arrest Defense Attorney

East Brunswick Police conduct a lot of Marijuana and drug paraphernalia arrests in the Township. Both of these charges are New Jersey "disorderly persons" offenses. They are criminal charges, but not felonies. A conviction for possession of less than 50 grams of marijuana or drug paraphernalia is punishable by up to six months imprisonment and up to a 1,000 fine. Other financial and court costs can also be imposed. These charges also carry a mandatory minimum six month license suspension. Probation with random drug testing can also be imposed.

East Brunswick police officers know how to detect the odor of raw and burnt marijuana. Most arrests for marijuana possession are made when the police conduct motor vehicle stops on the very busy roads and highways that traverse East Brunswick. Many of these traffic stops are made on Route 18 and the New Jersey Turnpike. East Brunswick is in central Middlesex County.

In order for a police officer to pull your car over, he or she must have "reasonable suspicion" that you violated a criminal or motor vehicle offense. If you are confronted by police after being stopped, you should present your credentials and remain calm. Under no circumstances however should you make any statements which may incriminate you.

If you have been charged with marijuana, paraphernalia, or drug possession in East Brunswick. You will likely receive a summons to appear in the East Brunswick Municipal Court for a first appearance. Before appearing, you should speak to an experienced New Jersey criminal defense attorney to discuss how your case can be defended. It may be possible to have the charges diverted, or dismissed because of a illegal search.

March 3, 2011

Edison New Jersey Marijuana and Paraphernalia Arrest Defense Lawyer

Edison Township Police make a large amount of arrests for Marijuana and drug paraphernalia. These are New Jersey "disorderly persons" charges, not felonies. A conviction for either charge carries up to six months in jail and a 1,000 fine. Additional statutory fees and court costs will also be imposed. Each charge also carries a mandatory minimum six month license suspension. A judge can also sentence you to probation.

Edison Police are well-trained to smell both the odor of raw and burnt marijuana. Many arrests for drug and paraphernalia, especially marijuana occur after police stop vehicles along the many roads and highways that pass through Edison. A lot of traffic stops are made on Route 287 and Route 27 through Edison.

In order to make a lawful stop, an officer needs to have "reasonable suspicion" that the driver broke the law. If an officer pulls you over in Edison for a traffic violation, best to be polite and cooperative. However, you have the right to remain silent and should not incriminate yourself. If an Edison police officer stops you and smells marijuana, they will ask for consent to search the vehicle. While many individuals in this situation may feel compelled to grant consent to search, doing so many seriously damage your case.

If you have been charged with marijuana, paraphernalia, or drug possession in Edison. You will likely receive a summons to appear in the Edison Municipal Court for a first appearance. Before attending, call an experienced criminal defense attorney to discuss how your case can be defended. It may be possible to have the charges diverted, or dismissed because of a illegal search.

March 3, 2011

Union Beach Municipal Court

Union Beach Municipal Court (Monmouth County, New Jersey)

Union Beach Police issue some traffic tickets for speeding, tailgating, improper passing and other violations. Some DWI and criminal arrests for marijuana possession, harassment and assault are also made in Union Beach Borough. If you have been charged with any of these offenses, call now to speak with an attorney familiar with the court so you can learn what your rights are and what defenses might exist.

Union Beach Court Address:
650 Poole Avenue
Union Beach, NJ 07735

Phone: (732) 264-9098

The Judge in Union Beach court is the Honorable Richard B. Thompson, J.M.C. Judge Thompson also presides in Colts Neck Court and Tinton Falls Court. He is known to be a very fair judge. The prosecutor is Jerry Massell, Esq. The Union Beach Court meets on Wednesdays at 6:00 p.m.

Union Beach was formed in 1925 from parts of what is now known as Hazlet Township. About 7,000 people call Union Beach home.

March 2, 2011

Freehold New Jersey Shoplifting Defense

Freehold Police make a high number of shoplifting arrests are made in Freehold, particularly in Freehold Township. This is due mostly to the Freehold Raceway Mall. However, plenty of arrests are made for Shoplifting in the rest of the town as well. Freehold Township Municipal Court has jurisdiction over these matter, unless the case is sent to the Monmouth County Prosecutor's Office.

A large amount of the arrests at the Freehold Raceway Mall are in the higher end stores such as Lord & Taylor and Nordstom's. Home goods store such as Sears and the HomeDepot also see a lot of shoplifting arrests. Walmart is also a store where a lot of Shoplifting arrests are made.

These arrests usually begin with store Loss Prevention officers observing an individual they feel is suspicious. The store security will then follow the suspect either with their own eyes or on camera. If a person conceals merchandise or, obviously, if they leave without paying, they can be liable for Shoplifting.

Shoplifting is criminal charge in New Jersey. A conviction can subject you to from 6 months in jail to up to 10 years on prison, depending on the value of what was stolen. If you have been charged with shoplifting in Ocean, Monmouth, or Middlesex County, New Jersey, call now to find out what your rights are and how the charge can be defended.

c. Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $ 75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $ 1,000 or more.
(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $ 500 but is less than $ 75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $ 1,000.
(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $ 200 but does not exceed $ 500.
(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $ 200.

March 2, 2011

Freehold Traffic Ticket Lawyer Help and Defense

A lot of traffic tickets are issued in both Freehold Township and Freehold Borough. If you have been charged with a traffic violation in Freehold, call a local defense attorney for a free consultation to discuss your rights and penalties you may be facing.

Freehold has two municipal courts: Freehold Township Municipal Court and Freehold Borough Municipal Court. Freehold Borough has jurisdiction over the downtown and borough area, along with a small stretch of Route 9 near the Route 537 intersection. Freehold Township police have jurisdiction over the rest of the surrounding Township area. Note that Upper Freehold (Cream Ridge) is a separate town further west, patrolled by the New Jersey State Police.

Freehold Township Police issue a substantial amount of tickets and summons for speeding, improper passing and tailgating on Route 9 and in the Freehold Mall circle. Tickets for Passing a school bus are also issued in more residential areas, sometimes written up by the bus driver rather than a police officer. Charges of driving while suspended / revoked list are increasingly common as the State is suspending licenses for more and more reasons, many of which have nothing to do with driving.

Routes 537 and 33 also bring in some violations. A surprising number of tickets for Leaving the Scene of an Accident are also issued in Freehold Township. This is due to the many shopping centers, customers sometimes strike other cars in the lots, then simply decide to take off. Traffic violations can result in the assessment of motor vehicle points on your driver's license and increased insurance premiums. Since it almost impossible to live in New Jersey without a valid driver's license, driver's should protect their license by trying not get tickets, and when they do get a ticket, making sure it's handled correctly.

March 1, 2011

Defendant In New Jersey Deprived Right to Testify

State v. Bernard E. Lopez, ? N.J. Super. ?, 2010 N.J. Super. LEXIS ? (December 9, 2010) - "Because the trial court erroneously barred defendant from testifying in the second trial, thus depriving him of a fundamental constitutional right, we reverse the certain persons conviction, vacate the five-year sentence imposed and remand for a new trial on that charge.... This ruling was apparently premised on the judge's view that the trial on the certain persons charge was merely the second phase of the first trial, and that defendant's waiver of the right to testify in the first phase carried over to the second phase. That view was erroneous. Although it was heard by the same jury, the second proceeding was a separate trial, in which defendant retained all of his constitutional due process rights, including the right to testify.... Consequently, a waiver of the right to testify in the unlawful possession trial does not constitute a waiver of the right to testify in a later trial on a separate charge."