NJ Criminal Defense Law News & Information Blog

It used to be that a charge for Unlawful Possession of a Firearm or Handgun in New Jersey would expose a defendant to little more than a probationary sentence. On January 13, 2008, the penalties in New Jersey for Unlawful Possession of a Firearm took on a whole new meaning even for first time offenders. Effective on that date, the Unlawful Possession of a Firearm or Handgun offense (N.J.S.A. 2C: 39-5b.) was elevated from a Third Degree offense (maximum 3 to 5 years in prison) to a Second Degree offense (maximum 5 to 10 years in prison). More importantly to those accused in New Jersey, the presumption of non-incarceration for a third degree offense no longer applied. In other words, even if it is your first offense, you are staring in the face of State Prison and mandatory parole ineligibility time pursuant to the Graves Act. (N.J.S.A. 2C: 43-6c.). Read the rest of this entry »

I was recently surfing the net when I came across a a news story of a motorist in New Jersey being pulled over in his car and searched by the police for drugs. In New Jersey this is a common everyday occurrence that many motorists experience. A lot of the possession of cocaine, heroin and other drug charges originate from police executed motor vehicle stops. According to the motorist, who happens to be a semi-famous Rapper/Activist in New Jersey, he pulled over to the side of the Street in a residential neighborhood, and exchanged handshakes with a friend before driving off. The police stopped his car, removed him from the vehicle and searched both him and his car but found nothing. The frustration for many New Jersey citizens lies in the lack of legally valid reasons for the police stop in the first place. The police in New Jersey cannot just stop you on the street or in you car without a reason or for just any reason. The State of New Jersey, by law, has to protect a person's constitutional right to be free of illegal searches and seizures. What this means for you as a motorist, is that the police cannot stop your car and detain you unless Read the rest of this entry »

Who knew that an arrest or conviction from 10, 20 or even 30 years ago could impact your life today. Unfortunately, many people believe that the dismissal of their criminal charges, or the relatively minor nature of the charge itself would never be maintained in a criminal record data base let alone be accessible to a potential employer. My guess is that most people do not even think to expunge their criminal record in New Jersey until an employer or potential employer informs them that their criminal record is a problem. In today's economic climate, more and more people are switching jobs or adding a second job to supplement their income. Criminal background checks, once only reserved for those working in law enforcement or needing security clearance, are now common place. Employers, School admissions personnel as well as professional licensing boards often require criminal background checks as a prerequisite to employment or admission. Absent a criminal expungement, your arrest or conviction will "show up" on your record potentially costing you a job or a professional license. Read the rest of this entry »

A New Jersey man was recently found not guilty of Aggravated Sexual Assault and Endangering the Welfare of a Child after a Middlesex County New Jersey Jury deliberated for just 40 minutes, according to a July 5, 2009 Newark Star Ledger article. According to the article, charges of Sexual Assault an Endangering the Welfare of a Child were filed against the accused after a teenage boy told his grandmother that the accused, his former coach, had sexually assaulted him years earlier. The accused had been interviewed by the police for over 3 hours where he vehemently denied the allegations. The accused, nonetheless, was charged, indicted and tried before a jury. Read the rest of this entry »