Author Archive
Changes in NJ Law Allows for Sentencing Options for Drug Crimes in School Zones
January 2010 - Changes in NJ laws allows judges sentencing options for accused individuals charged with school zone offenses. If you or a family member has been charged with a school zone offense or have recently been sentenced on a school zone offense, our experienced former prosecutors can let you know whether your case qualifies for a probationary sentence and whether your case can be challenged on other legal grounds.
Read the rest of this entry »New Jersey Imposes Mandatory Jail Terms For Certain Firearm Offenses
A New Jersey Sentencing Statutes referred to as "The Graves Act" was amended on January 13, 2008 to include a number of possessory firearm related crimes that were formerly outside the mandatory parole ineligibility sentencing provisions required by the Act. N.J.S.A. 2C:43-6c. Surprisingly, I still run into criminal defense attorneys who are unfamiliar with the implications of this change in the law. A complete recitation of the provisions and its nuances is beyond the scope of this posting. Read the rest of this entry »
Amended New Jersey Expungement Statute – Good News for Many New Jersey Residents
On January 12, 2010, the New Jersey Governor signed into law a number of significant amendments to the New Jersey Expungement Statute.
The changes provide monumentally great news for those New Jersey petitioners who were previously barred from receiving an expungement in New Jersey pursuant to the old statute. The most significant change is the eligibility for expungement of drug offenses that were previously barred. Third and Fourth degree drug distribution convictions for drugs other than marijuana are now eligible for expungement. Read the rest of this entry »
Armed Robbery in New Jersey – Imitation Firearms Qualify
A Perth Amboy New Jersey man was recently sentenced in Middlesex County New Jersey for Robbing a Chinese delivery man by pointing an "imitation" handgun at the delivery person while taking the food, a cell phone and 70 dollars, according to my Central Jersey.com . Many defendants believe that using an imitation firearm during a robbery cannot possibly be as serious as using a real firearm. Those defendants could not be more wrong. Read the rest of this entry »
Theft By Deception in New Jersey – Home Improvement Contractors Unfairly Treated?
There are real theft by deception cases in New Jersey that unquestionably fit the language of the theft by deception criminal statute. Recently, a Monmouth County local newspaper, The Hub, wrote a story about a Fair Haven New Jersey man who has been charged by the Monmouth County Prosecutor's Office with, among other charges, theft by deception. As an employee of Merrill Lynch, he is alleged to have taken investors money, and converted the money to his own use without ever having made the investment. Read the rest of this entry »
Attempted Murder in New Jersey – Not Always Easy to Prove
As I wrote in yesterday's attempted murder related post, attempted murder is not an easy charge for the Prosecutor to prove in New Jersey. Consequently, a defense attorney can often negotiate a better deal with the Prosecutor or defend the case at trial when an attempted murder charge is the primary crime charged against a defendant. Read the rest of this entry »
Attempted Murder and Aggravated Assault in Monmouth County Jail – Consecutive Sentencing in New Jersey
A Monmouth County New Jersey defendant has recently been charged with attempted murder, two counts of aggravated assault, possession of a weapon for an unlawful purpose, unlawful possession of a weapon and making terroristic threats in connection with an attack on three corrections officers in the Monmouth County Jail on Monday August 24, 2009, according to APP.com . The defendant, incarcerated on an unrelated Eluding charge, allegedly stabbed the officers with a homemade shank (knife) as they entered his cell to fix a broken light. All of the Officers were treated for their injuries at Jersey Shore University Hospital in Neptune and released. Read the rest of this entry »
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