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 →
A Domestic Violence Restraining Order can be ‘Forever’. It can impact your life – such as your employment prospects, and your ability to travel – in ways you may never have realized it would. Once a New Jersey TRO (Temporary Restraining Order) is issued against you, it will restrict you from having any contact with the protected person, even if they are the ones initiating contact with you. They contact you, you respond, and you… 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 →
When you get too many points, or get a single violation that carries an automatic license suspension, the New Jersey Motor Vehicle Commission (MVC) will suspend your driving privileges. However, if you get that notice from the MVC with a date of suspension, immediately contact the MVC and request an ‘opportunity hearing’ to try to get the suspension period reduced. It is very unlikely that you will avoid any suspension, but there are often arguments… read more →
Lawyer mistakes happen. And sometimes the results can be a verdict that did not include the wisdom of competent legal counsel. Post-conviction relief (PCR) is a type of petition to the Court that challenges mistakes made by your lawyer while representing you. In New Jersey, this Motion is raised in front of the same Judge that heard your case before whom lawyer mistakes may have occurred. In many instances, the same prosecutor that represented the… read more →
After the trial verdict, you have the right to file an Appeal, and to file for Post-Conviction Relief (PCR) of a conviction. In New Jersey, you cannot file for both types of relief at the same time. An appeal challenges the legal decisions of the Judge, and a PCR challenges the representation of your attorney. If the error was by the Court, a court error as it were, such as denying a Motion to Suppress,… read more →