If a Judge places you on ‘house arrest’ in New Jersey, it means IN the house. Not out in the yard, or just runnin’ down the street to get something to eat for a “minute.” Even going out onto the patio to catch a few “rays”, or to get the newspaper, or jump in the pool, or to visit a friend, neighbor or relative, is a violation of the house arrest. If the Judge is… read more →
Drunk Driving charge stays with you for the rest of your life, and cannot be expunged. If you’re unfortunate enough to get one in New Jersey it will follow you to the DMV of any other State you go to. In some States, a drunk driving charge is both a Motor Vehicle and Criminal charge, and even a first conviction can result in you receiving a jail sentence, where you won’t have to worry about driving… read more →
Your destruction or attempt to dispose of the evidence of a crime can be used to prove your possession, knowledge and criminal intent. In criminal prosecutions in the US, possession may be proved by establishing either actual, attempted, constructive, or joint constructive possession. The key is whether you had the ability to exercise ‘dominion and control’ of the item, not whether it was actually on you. The destruction of evidence, or throwing the evidence away, only… read more →
When you are arrested or charged with a crime, you have a criminal record that will show up in background checks. Even if the charge is later dismissed, the record is still there. Presume that your employer will be able to see your background unless you have had your record cleared. In New Jersey, the process of ‘clearing’ your record is controlled by the expungement statute, and there are conditions as to when and if you… read more →
Drug Testing is a standard condition of both Probation and Parole. A failed drug test when you are on Probation will result in a Violation being filed and you being brought back to Court to answer it. The Court has a range of sanctions including re-sentencing you, to a term of custody which can be up to the maximum you were facing for the charge for which you were placed into Probation. A failed drug test… read more →
Safe driving is smart driving: What you do while you are driving will be the basis for both the Court and the NJ MVC to determine whether you get to keep your drivers license if you are stopped and ticket for an infraction that requires a court appearance. As the driver, you are responsible for the safe operation of the vehicle. What a passenger or your navigation unit tells you to do is not a defense… read more →
Reasonable doubt is a term used in Anglo-Saxon countries. Evidence that is beyond reasonable doubt is the standard of evidence required to validate a criminal conviction in most legal systems. That said: The burden to prove guilt beyond a reasonable doubt is on the prosecution and never shifts to the defendant. The burden can be met by relying on direct evidence (if the cop saw the driver spinning and doing the ‘donuts’), and by circumstantial… read more →
Healthcare Fraud and Medical Claims Fraud can be prosecuted against the Doctor, Nurses and medical staff involved in fraudulent medical treatment. Even if the conduct was not done ‘knowingly’ – that you knew what you were doing was wrong, it can be prosecuted under the theory that you were ‘reckless’ – –that you knew what the circumstances were and failed to keep meticulous treatment notes which resulted in the fraud. Some of the consequences of… read more →
A trial lawyer must be able to argue both sides of a case with equal fervor, or he will never anticipate his adversary’s argument. In a criminal case, the goal of your criminal defense trial lawyer is to protect your rights, not to prove you innocent. After all, you are innocent until proven guilty. The only party with a burden of production and persuasion is the prosecutor. If the prosecutor cannot meet that burden, the… read more →
If you are arrested or charged with a criminal offense in NJ, you have a criminal record, even if the charge was later dismissed. A criminal record or a failed drug test can be grounds to terminate employment, and can impact the availability of certain types of federal loans and subsidies. Before you decide how to resolve a criminal charge, make certain you understand what the options are for getting your record cleaned of the… read more →