Once a Domestic Violence Restraining Order has been issued against you, do not contact the protected person, for any reason. In New Jersey, even if it is the protected person who is the one who initiates contact, you are in violation of the Court’s Order and you are the one that will be held in Contempt of Court. Penalties for violating the no contact provision range from fines to jail, and you end up with… read more →
The outcome of your criminal case depends on several factors, which include the facts of the case, and the skill of your attorney. Selecting the best lawyer to defend you is a process whereby you learn about the lawyer: Hi>s or her’s experience in the field of the percentage of his practice that is related to protecting the rights of those charged with crimes, the number of cases handled that were similar to what you… read more →
The police can use a variety of methods to conduct their investigations, including the use of officers that do not look like cops. In New Jersey, undercover police officers (and police dogs), can act like and look like anyone who would normally be at that location, to blend in and observe without their identity as law enforcement being disclosed. What they observe is admissible as evidence in criminal prosecutions, and the only limitation on their… read more →
Failure to follow the directions or hand signals of a Police Officer is a moving violation in New Jersey (and in every other State, too). The police can then pull your car over, and what they see while your car is stopped is considered in ‘plain view’. Your actions can give the police the probable cause they needed to detain you if they suspect something as a result. At a minimum you end up with… read more →
When the police signal you to stop your car, STOP or you can also be charged with the crime of eluding. In New Jersey, even if the reason for the stop was to give you a traffic ticket for a minor motor vehicle violation, the eluding charge will be graded as a second degree crime and expose you to 5-10 years in prison. Even if the charge is downgraded to avoid a prison sentence as… read more →
STOP TELLING THE POLICE WHY YOU DID IT! EXERCISE YOUR RIGHT TO REMAIN SILENT, evoking Miranda, which offers you the right to remain silent, and advises you that anything you say can and will be used against you. In the United States, your Constitutional Rights, when under investigation by the police are meant to protect you, to prevent the police from using the shock of the moment to get you to admit what you did,… read more →
The police need ‘Probable Cause’ to stop you. The Probable Cause basis can be something that you do like speeding, or an equipment violation. In New Jersey, the police can stop you for the headlights on your car not working, a cracked windshield, and many other types of equipment violation issues. Once you are stopped, they can observe the interior of your car, weigh your actions as the driver, and the actions of your passengers… read more →
When you are charged with a crime, the first thing you need to do is pick a lawyer to represent you. When you are looking for a lawyer, the first question you should be asking is “what am I facing if I were to be convicted,” and not a question about “how much is this going to cost me.” If you ask me the first question, I will tell you the sentencing range for the… read more →
Everything you do, everything you say, can be used against you when you are charged with a crime or pulled over for a motor vehicle violation. In New Jersey, many of the police departments have video recorders, capturing what you say and how you act while they are investigating the scene. These videos are often the difference between a conviction and a ‘not guilty’ verdict; between a plea as charged and a downgraded offense with… read more →
When the Judge hearing your case makes a mistake when he or she issues a ruling on evidence or law, and you are convicted, you have the right to file an appeal. In New Jersey, a defendant has a forty-five day period when he/she can file an appeal of a decision of the Superior Court. If the case was in the Municipal Court, the defendant has a twenty day period within which to file the… read more →