New Jersey Criminal Defense Attorney Blog

Loch Arbour Criminal Lawyer

Few criminal arrests and DWI charges are made in Loch Arbour. Traffic picks up noticeably in the summer months, when alcohol related arrests are more common. If you are facing a DUI or criminal charges in Loch Arbour Court, speak with a defense lawyer before appearing in court. I can answer your questions and make sure that your rights are protected.

Loch Arbour Municipal Court

The Loch Arbour Court is located at: 399 Monmouth Rd., in Oakhurst, NJ 07755. The court can be reached by phone at: (732) 531-5005. The court only on Tuesdays.
The judge in Loch Arbour Court is the Honorable Joel N. Kreizman, J.M.C. The prosecutor is Timothy F. McGoughran, Esq.

Loch Arbour - New Jersey

Loch Arbour is a village in Monmouth County, named after Lochaber, Scotland. It is located along the Atlantic Ocean in the eastern part of the County, bordered to the north by Allenhurst Borough and to the south by the City of Asbury Park. It was formed as a Village in 1957 from portions of Ocean Township and is the only municipality in the state still using the village form of government, although there are three others that maintain the Villa type of government. Its residents have rejected the merger of the village with Ocean Township, Allenhurst or Interlaken.

The village has a total area of 0.1 square miles, made up of 79% land, according to the last Census. The estimated population, in 2003, was 275 people. The data from the 2000 Census show an increase to 280. This makes Loch Arbour the fifth smallest municipality, by population, in the state.

According to the 2000 Census, the racial makeup of the village was 95.00% White, 2.14% Black or African American with a scant 0.71% Hispanic or Latino of any race. By 2010, the proportions had changed to 84.2% White and 10.0% Hispanic or Latino. The major ancestry groups reported by Loch Arbour residents have also varied from 2000 to 2010. Thus, at the time of Census, origins were 38.6% Irish, 22.1% Italian, 17.5% German, 11.1% English, 8.2% Hungarian and 6.1% Scotch-Irish. Ten years later, all percentages had been reduced and other groups were added, such as Black or African American, Greek, French Ukrainian and Polish (2% each) and Danish, Russian, Romanian, Welsh, Dutch and Belgian (1% each).

The median age of Loch Arbour's residents was 43 years in 2000 (vs. 36.7 for the state), with 15.7% of the population 65 years of age or older. A similar percentage was represented by the population under the age of 18.

The estimated median household income in 2000 was $68,542, climbing to $114,181 by 2009 and leveling at $88.043 by 2010. More than 10% of the people had an income $200,000 and over in 2010. None of the families of Loch Arbour were living below the poverty line. The estimated median house or condo value in 2000 was $312,100, a figure that almost tripled in 2009 ($874,893). Everybody owns at least one vehicle, and more than 10% own four or more vehicles. The cost of living measured in January 2011 was 121.1 vs. the U.S. average of 100.

In the matter of education, data from 2010 show that all the population 25 years and over of Loch Arbour had completed high school or higher. A fifth of this population has completed a graduate degree and a third have a bachelor's degree

The total crime risk index, in 2010, was 91 vs. 73 for the state. The highest risk indexes are represented by larceny (185 vs. 62) and rape (156 vs. 39). The lowest risk is posed by robbery (5 vs. 108) while murder and assault are below the state levels (11 vs. 84 and 30 vs. 62)

Matter of Expungement petition of D.H., ? N.J. ?, 2010 N.J. LEXIS 1128 (October 27, 2010) - Expungement of record affirmed, expungement of forfeiture of public employment order reversed.

"A public official pled guilty to a disorderly persons offense that directly involved or touched the official's public office. As part of her plea agreement, the public official consented to the entry of a statutorily mandated order of forfeiture of public employment, that is, an order whereby the public official forfeited her public employment and was 'forever disqualified from holding any office or position of honor, trust or profit under this State or any of its administrative or political subdivisions.' N.J.S.A. 2C:51-2(d).

Several years later, the former public official sought relief under New Jersey's expungement statute, N.J.S.A. 2C:52-1 to -32.... As part of that application, the former public official also sought to avoid the effect of the mandatory order of forfeiture of public employment, asserting that, along with her disorderly persons offense conviction, the order of forfeiture of public employment likewise should be expunged.

Both the trial court and the Appellate Division concluded that, in the context of a disorderly persons offense, the expungement statute must be read broadly enough to include and also expunge the order of forfeiture of public employment.... We disagree. Our primary task is to harmonize the provisions of the forfeiture of public employment statute ... with those of the expungement statute....

[W]e conclude that the provisions of the expungement statute are not intended to override -- that is, expunge -- a properly entered order of forfeiture of public employment. Stated differently, we conclude that, in the context of an expungement application and in order to give full expression to the Legislature's will, a mandatory order of permanent forfeiture of public employment must be severed from -- and preserved from the expungement of -- the conviction that originally triggered the order of forfeiture."

In this recent NJ expungement case decided on appeal, the court reiterated New Jersey law on the limit of disorderly persons crimes that may be expunged. No more than three prior disorderly persons convictions may be expunged. However, the petitioner seeking expungement in this case argued, unsuccessfully, that multiple conviction stemming from the same chain of events should be counted as single convictions for expungement purposes. Under the facts of this case the court disagreed.

Continue reading "NJ Expungement Law (2009 Update)" »

New Jersey State Assembly Majority Leader Bonnie Watson Coleman, a Democrat from Mercer County, is introducing a comprehensive package of new laws aimed at giving convicts a second-chance. The legislation will feature administrative and statutory reforms dealing with incarcerated inmates.

The bill would mandate that inmates in New Jersey state prisons participate in educational and vocational programs in order to improve the likelihood that they stay out of trouble after release. The bill will also introduce a commission tasked with finding ways to foster stronger ties between inmates and their spouses and children. Released inmates would be barred from working in establishments that serve alcohol.

The legislative package would also establish faith-based programs inside prisons and create special courts to deal with defendants with mental health issues. More controversial, the new law would make it illegal for employers to discriminate against job applicants who have criminal records. The bill would also broaden the scope of expungement availability.

Studies have shown that roughly 14,000 adult inmates and 1,600 juvenile offenders are released from state prisons, jails and youth facilities in New Jersey annually. Roughly 65 percent of the adults will be arrested again within five years, and 37 percent of juveniles will also be sent back to correctional facilities within two years of release.
It costs taxpayers roughly $35,000 a year to house and feed an incarcerated individual.

New Jersey Expungement Process: My office has handled many expungements for New Jersey expungement petitioners and always gives this case top priority. Since the New Jersey courts are heavily backlogged, it can take several months for courts to process expungements in New Jersey. That is why I personally draft these petitions and supporting documentation as soon as we are retained. Filing the petition in a timely manner can considerably shorten the waiting time. Call to speak with a New Jersey Expungement Lawyer.

You may be eligible for an expungement if you meet the following criteria:

If you were convicted of a crime (felony):

Waiting Period: 10 years after completion of sentence. An application can now be made however in 5 years but the burden is on on the applicant to show that granting the expungement is not against the public's interest.

Exclusions: Certain crimes cannot be expunged no matter how much time has passed. They include:

1) Distribution of Drugs (Controlled Dangerous Substance) or Possession of Controlled Dangerous Substances with Intent to Distribute in the first or second-degree. An application may be possible for a third or fourth degree depending on the facts of the case;
2) Many sex-offense in including: Aggravated Sexual Assault; Sexual Assault of a Minor; Luring, Enticing, and some cases of Endangering the Welfare of a Child;
3) Kidnapping, Criminal Restraint, and False imprisonment;
4) Robbery
5) Perjury and False Swearing
6) Murder

Other limitations: You must not have been convicted of two or more indictable offenses.

If you were convicted of a disorderly persons or petty disorderly person offense:

Waiting period: Eligible for a New Jersey Expungement after 5 years
Limitations: You must not have been convicted of four or more disorderly persons offenses. You must also never have had a charge dismissed through a diversionary program.

If you were convicted of a Municipal Ordinance:
Waiting period: Eligible for a New Jersey Expungement after 2 years

If you were granted a dismissal through PTI or a Conditional charge:
Waiting period: Eligible for a New Jersey Expungement after 6 months.

If were you were granted a straight dismissal:
Waiting period: None
Exclusions: The charge must not have been dismissed for reason of insanity, or lack of mental capacity.

A New Jersey expungement can make the difference in getting the job you want. If you are looking for a job but have a criminal conviction on your record, you should should certainly get an expungement if your are eligible. Almost all employers now conduct background checks on applicants. In today's job market, any blemish on your criminal record can break your chances for getting a new job or keeping the one you already have.

Almost all potential employers require you to answer whether you have been arrested or convicted of a crime. Even if you already have a job, many employers conduct random background checks on their employees, especially when considering who to let go when times are tough. After obtaining a New Jersey expungement, you will be entitled to answer "no" to any question regarding your past record.

While you can attempt to obtain a New Jersey expungement, the process is complicated. Very particular rules apply and the petition, verification, order for a hearing and proposed final order must be meticulously drafted. Your expungement attorney will review the information you provide regarding your record and determine if you are eligible for an expungement. It is also advisable to have a background check conducted by being fingerprinted by a private company.

If you are eligible, the next step is filing a petition for expungement, proposed order for an expungement hearing, proposed expungement order, and verification that you are eligible for a New Jersey expungement. These forms are highly detailed, and should only be prepared by an attorney. Any mistake can result in you having to start the process all over again.

Continue reading "New Jersey Expungement Process " »