If you’re convicted of DUI, you can be sentenced to jail for up to 30 days on the first offense. More likely, you’ll deal with spending a couple of days taking classes at an Intoxicated Driver Resource Center (IDRC), but the judge does have discretion to put you through a much more challenging ordeal. It’s always a good idea to talk to an attorney if you’re facing any legal action, but in a case where there are factors that could especially work against you, like yelling at the arresting officer or engaging in especially reckless conduct while, allegedly, driving drunk, your best chance at avoiding the worst complications in your case is with an attorney at your side. Matthew Reisig has been defending clients in New Jersey against DUI charges for nearly two decades. In that time, he’s argued DUI law before the New Jersey Supreme Court, and helped more than 1,000 clients avoid conviction. If you’ve been charged with DUI in New Jersey,…
Is Jail time Automatic With A New Jersey DUI?
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Is A DUI A Felony In New Jersey? Will I Lose My Right To Vote?
No, DUI is not a felony charge and conviction will not result in a loss of any constitutional rights, though you’ll pay hefty fees and fines and lose your driver’s license for a while. In New Jersey, DUI isn’t even considered a criminal charge, so instead of having a rap sheet, a DUI conviction will appear on your driving abstract. If you’re a first offender, you may not spend any time in jail, you won’t have a criminal record, and you won’t lose your right to vote or own firearms or lose access to public services. That said, a DUI conviction poses all sorts of problems. You’ll be paying big surcharges to the state for several years, plus fees and fines, and you won’t be able to drive for months at least. You’ll have to attend mandatory programs at an Intoxicated Driver Resource Center (IDRC), and your insurance rates will go through the roof, assuming you can keep your policy at all. You can avoid these problems, but…
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Penalties For Frauds Relating To Public Records And Recordable Instruments (N.J.S.A. 2C:21-3) In New Jersey
New Jersey Penalties For Frauds Relating To Public Records And Recordable Instruments (N.J.S.A. 2C:21-3) Being charged with Frauds Relating to Public Records and Recordable Instruments (N.J.S.A. 2C:21-3) can mean one of two things in New Jersey. First, that you’re charged with a disorderly persons offense, the equivalent of a misdemeanor, and can face up to six months in jail. This is charged when a person attempts to file an instrument that they know contains false information. More dangerously, you can be charged with a crime of the third degree for destroying, concealing, or removing public records with the intent to deceive or harm anyone. Conviction for this conduct can result in a prison sentence of three to five years, plus a felony record. It is extremely important that you take every step to protect yourself, including reaching out an experienced New Jersey criminal defense attorney. Matthew Reisig has nearly two decades of experience protecting the rights…
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Penalties For Falsifying Or Tampering With Records (N.J.S.A. 2C:21-4) In New Jersey
New Jersey Penalties For Falsifying Or Tampering With Records (N.J.S.A. 2C:21-4) Falsifying or Tampering with Records (N.J.S.A. 2C:21-4) is a very serious crime in New Jersey that can put you in prison for years. The lowest grade of the charge is at the fourth degree level, where conviction can result in an 18 month prison sentence and a fine of up to $10,000. If you are alleged to have issued a false financial statement with the intent of harming or deceiving another, you can be charged with a crime of the third degree, which can boost the potential penalties to three to five years, with a fine of $15,000. Allegations of fraud and falsification of records will have consequences well beyond your immediate concerns about prison time. Trying to find career-track jobs after a fraud conviction will be extremely difficult, and any conviction under 2C:21-4 is a felony-level conviction that will keep many opportunities out of your reach. Attorney Matthew Reisig has nearly two…
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Penalties For Destruction, Alteration, Falsification Of Records (N.J.S.A. 2C:21-4.1) In New Jersey
New Jersey Penalties For Frauds Relating To Public Records And Recordable Instruments (N.J.S.A. 2C:21-3) Destruction, Alteration, Falsification of Records (N.J.S.A. 2C:21-4.1) in New Jersey is a crime of the fourth degree, equivalent to a low-level felony in other states. Since the allegation relates specifically to medical records, healthcare professionals in the state are the most common targets of these charges. If convicted, you can be sentenced to up to 18 months, though first offenders will benefit from a presumption of non-incarceration. You’ll also face a fine of up to $15,000, which can be crippling given that your professional license and job may be gone. There are alternatives. Attorney Matthew Reisig provides comprehensive criminal defense that can save your reputation and your career. If you’re facing charges of tampering with medical records, call 732-625-9661 today and talk to an experienced New Jersey criminal defense attorney for free. The post…
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Defendant Challenges Legal Sufficiency of “Standard Statement” Read During New Jersey DWI Arrests
New Jersey prosecutors can use evidence of a defendant’s blood alcohol content (BAC) to establish guilt in a case of alleged driving while intoxicated (DWI). A BAC of 0.08 percent or higher creates a presumption of impairment. New Jersey law effectively requires drivers, when a police officer suspects DWI, to submit a breath sample for BAC analysis, on penalty of a fine or license suspension. State law also requires officers to read a “Standard Statement” to a driver prior to administering a breath test. A defendant recently appealed her conviction for a refusal to submit to breath testing by challenging the legal sufficiency of the Standard Statement. While the Appellate Division ruled against her, its opinion in State v. Quintero offers a useful overview of New Jersey refusal law. Simply by operating a vehicle on public roads within this state, drivers in New Jersey are considered to have given “implied consent” to breath testing. A refusal…
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3 Secrets You Need to Know Right Now to Fight Your Connecticut Arrest for Evading Responsibility / Hit-and-Run
Ask any of the best Greenwich, Stamford, Darien or Westport Connecticut criminal lawyers or attorneys…one of the most frequently charged and avoidable arrests in Connecticut is for Evading Responsibility, more commonly known as “Hit and Run” under C.G.S. 14-224. Top Stamford, Darien and Greenwich Connecticut criminal law firms see Connecticut drivers get arrested for fleeing the scene of an accident without leaving their name and number because they are afraid of getting arrested in Stamford, Darien or Greenwich for a DUI / DWI under CGS 14-227a. What they always seem to forget, however, is that passersby and video cams capture your driver’s license. And if you live close to the accident, police can be at your front door within minutes. Police will also check out local body shops following your Connecticut car accident to see if your damage matches up against the damage to the other vehicle. Whatever the case, the last thing you need is an arrest in…
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MAINE’S INSIDIOUS PER SE THC OUI PROPOSAL.
MAINE’S INSIDIOUS PER SE THC OUI PROPOSAL.Posted by Edmund R. Folsom, Esq.Date: March 5, 2016Last year, Maine’s Legislature rejected a proposal to define as operating under the influence (OUI) the act of driving a motor vehicle with 5 or more nanograms of THC per 100 milliliters of blood. This year, the proposal is back and is currently under consideration by the Legislature’s Criminal Justice and Public Safety Committee. I posted my thoughts opposing last year’s proposal here, http://edfolsomlaw.com/2015/05/per-se-thc-level-oui-losing-sight-of-the-purpose-of-the-crime/, and I relish the chance to point out once more exactly what it represents. This is a proposal to criminalize behavior not conclusively shown to be dangerous simply to make it easier to convict people of behavior that is in fact dangerous. Law enforcement’s real difficulty here stems from the fundamental criminal law principle…
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Noah’s Law – helpful or hurtful?
The anti-DUI lobby in Maryland has put together a massive effort to pass HB 1342/SB 942 called the Drunk Driving Reduction Act of 2016 – Noah’s Law, in memory of Montgomery County police officer Noah Leotta, who was killed by a suspected drunk driver last December. The bill proposes a number of changes to Maryland law. MVA penalties for a test result of 0.08 or more but less than 0.15 would be increased from a suspension of 45 days on a first offense and 90 days on a second or subsequent offense would be increased to 90 and 180 days respectively. Critically, instead of first offenders being able to drive with a permit restricted for work, education, alcohol education, or medical purposes, all of these drivers would be required to install an ignition interlock for this period of time. MVA penalties for a test result of 0.15 or more would be increased from a suspension of 90 days on a first offense and 180 days on a second or subsequent…
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Do I Need a Lawyer if I Want to Confess to a Crime in Las Vegas?
Imagine that you’ve committed a crime in Las Vegas. Now, police are pulling out all the stops to get you to admit it. You almost feel tempted to comply, but would that be the smartest thing to do? Confessing to the Police In Las Vegas or anywhere else, talking to the police without a criminal lawyer present can get you into serious trouble. Once they have stopped you for any reason, members of law enforcement consider it their duty to gather all possible evidence. This includes pressuring you to make a confession. If they try this with you, remember: You don’t have to tell them a thing. If you do make the mistake of admitting guilt to the police, say nothing more from that point on. Instead, call a criminal defense attorney and make sure that they are sitting beside you the next time you open your mouth. Confessing to Detectives If the police have brought you in for questioning, they already consider you a suspect. They now have just one objective in mind, and…
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Anatomy of a New York Criminal Representation
The vast majority of prosecutions, both state and federal, end in negotiated guilty pleas. In the federal system, for example, only 3% of all criminal cases result in a jury trial – the other 97% are resolved through plea bargaining. Despite the great likelihood of a guilty plea in every prosecution, some cases cannot end in a plea as the prosecutor’s offer is simply too high: a conviction after trial may result in a sentence not far off from the plea offer. And in other cases, the offers are higher than the client and his lawyer believe is appropriate considering the evidence, thus requiring trial preparation. But if you hire a top criminal defense attorney to represent you, his trial preparation will be so extensive that a byproduct of the hard work very well may be the lowering of the prosecutor’s plea offers, from unreasonable to good to great. While the average lawyer figures that the case which starts with a lousy plea offer…
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How to Prepare for Your First Attorney Consultation
Once you’ve called an attorney to represent you in a case, you may be wondering what to bring with you for your first consultation. Of course, the type of case you want representation for will make a difference for what documents you need. We’ve compiled a list of the most helpful information you can bring to your first meeting so that both you and your attorney will get the most out of the time spent together. A Way to Take Notes You’re going to be learning a lot of information in this first consultation, so be sure to bring something to take notes with. You can bring your laptop, phone, tablet or whatever is easiest for you. Summary of the Incident Because time may have passed between the time you experienced the issue in question and your consultation, it’s best to take time to sit and write down as much as you know and remember about your situation. For example, if you were in a car accident, note important details such as the date of the collision,…
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CAMDEN COUNTY PROSECUTOR CELEBRATES GUILTY PLEA OF MASSACHUSETTS HUMAN TRAFFICKING DEFENDANT
One thing about prostitution-related prosecutions. It doesn’t matter what state it is in (except Las Vegas I guess). Law enforcement loves to celebrate its “genius” and “hard work” after success from a “sting” on the matter. Camden County Prosecutor Mary Eva Colalillo and Cherry Hill Police Chief William Monaghan announced on its website the fact that 30-year-old Javann Hall (hereinafter, the “Defendant”) of Massachusetts pleaded guilty in his Cherry Hill human trafficking case. We began this discussion on Friday. As you will recall, the Defendant faces a recommended sentence of seven years in state to one count of second-degree human trafficking. Law Enforcement says it discovered the Defendant’s crimes during an undercover prostitution detail at a hotel last year. 2015. His criminal acts include dropping the unnamed woman at the hotel. She had solicited what turned out to be an undercover officer after she…
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Motorcycle Safety Tips for Riders in PA & NJ
Hundreds of thousands of motorcyclists call Pennsylvania and New Jersey home, according to a report from The Motley Fool. As you are probably already keenly aware, the risk of getting hurt or killed in motorcycle accident is significantly high. In 2012, over 93,000 riders sustained injuries and 5,000 died. As a motorcyclist, safety has to be in the forefront of your mind. Below are several motorcycle safety tips to ensure your next ride is a safe one.Tip #1: Do a Safety Check before You Hit the RoadBefore you hit the road – particularly on a longer road trip – inspect your bike to make sure it is ready for travel. Look at all parts on the bike to make sure they are not loose or broken. Do not forget to inspect the frame and suspension. The more meticulous you are inspecting your bike, the less likely you may be to run into trouble later.If you do not feel comfortable knowing what to check, consider having a mechanic look it over it. Some of the parts that you or a…
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Whom would you suspect of killing Berta Cáceres?
“Defending human rights in Honduras is a crime. They are criminalizing the right to our [indigenous] identity and sense of self.” -Berta Cáceres, 2013 Gunmen brutally murdered Berta Cáceres, award-winning leader of the Council of Indigenous and Popular Organizations of Honduras (COPINH), in La Esperanza, Honduras on March 3, 2016. Almost immediately, the Honduran authorities jumped to the conclusion that she must have been killed in a robbery. They also stopped Gustavo Castro Soto, a Mexican human rights defender who was staying with Cáceres and who was also injured in the attack, from leaving the country. He has already provided testimony about the crime. He now fears for his safety should he be returned to the area in which he and Cáceres were attacked. Furthermore, Amnesty International is concerned that Castro Soto’s rights to due process may be violated and that he is not receiving full and prompt information about the status…
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5 RAZONES POR LAS QUE SE DEBE HACER CIUDADANO
Debido a la importancia del voto latino durante este año electoral, hemos decidido compartir nuevamente este post. Desafortunadamente, los residentes permanentes de los Estados Unidos no disfrutan de las mismas protecciones o derechos que sus ciudadanos. Estas son algunas de las razones por las que debe considerar la ciudadanía: Proteger su estatus en el país – Los residentes permanentes corren el riesgo de perder la residencia si se ausentan de los Estados Unidos por largos periodos de tiempo (por ejemplo, más de 6 meses). Para proteger su estatus, debe de pedir permisos (y pagar por honorarios), mientras que al hacerse ciudadano, no tienen que hacer esto. Se la haría más económicamente viable solicitar por la ciudadanía, aparte de que no tendría que preocuparse por cuanto tiempo se ausenta del país. Derecho al voto – Sólo los ciudadanos tienen el derecho al voto en los Estados Unidos. Las…
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Synthetic Drug Arrests in Texas: Police Focusing on K2 and Spice in Dallas
Pot gets more people busted in Texas than any other illegal drug. Most drug possession arrests in Texas are for marijuana, and a little under half of those arrests lead to convictions (48.2% in statutory county courts and 42.3% in constitutional county courts), according to a Texas Department of Public Safety study (for more on this, check out the February 2016 post on Grits for Breakfast). So if someone wants to get high and not get arrested, what can they do? For lots of people, the answer is buying an alternative product out there in the marketplace which mimics the effects of THC (the chemical in marijuana plant that provides its buzz). That’s synthetic marijuana and we’ve written about it before — check out our post, “Synthetic Drugs Law: Will New Texas Law Succeed in Outlawing Spice, K2, and Other Synthetic Highs?” from March 2015. Some of the locally popular K2 / Spice products according to DPD. Seattle Seahawks’…
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CA5: No factual findings of exigency for automobile exception applies; remanded
Defendant was followed to his house from a bank robbery, and his car was searched in the driveway. However, “[i]n this case, the district court did not make factual findings about whether exigent circumstances were present sufficient to justify a … Continue reading →
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Town Wants to Fire Highway Superintendent After His DUI
Elected officials convicted of crimes–like a DUI in Los Angeles–frequently end up resigning their positions due to their constituents’ disapproval of their actions. But others hold onto their jobs, despite the public outcry. The only recourse that citizens usually have is to vote them out during the next election. But the town of Scriba, New York, is taking a different tack when it comes to their new highway superintendent. They’re hoping to replace the elected position with an appointed one and in the process rid themselves of the current holder of that position, Michael Barry. The officials are planning to hold a special election to make that change in the current law; if it passes, they’ll dump Barry and appoint someone new in his place. After that, the officials say they’ll go through the whole special election process again to change the position back to an elected one. Apparently voters who chose Barry to be highway superintendent in…
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A Guarantee of More Crime Faster
Prof. Doug Berman, author of Sentencing Law and Policy, today writes a post that (unintentionally, I think) spills the beans on what will happen if, as the SRCA would have it, we start releasing more federal felons earlier.We'll get more crime faster.How do we know that? Because, as Doug's entry discloses, half (49.3%, to be exact) of released federal inmates recidivate (or so says the US Sentencing Commission). Most do so within the first two years after being put back on the street.The Commission also reports that most re-arrest offenses were for non-violent crimes. That is, of course, what we should expect: The bulk of the those convicted of federal crimes were in for consensual drug trafficking, immigration offenses or fraud; such is the nature of federal criminal jurisdiction. But to say that the re-arrest offenses were not violent is scarcely to say that they were not harmful (although that is often misleadingly implied).…
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