Monmouth County Criminal Defense Lawyer Blog

As the warm weather air rolls in, and July 4th is getting closer, beach-lovers head to Long Beach Island (LBI) and with that migration, arrests will most certainly increase. When there is a sudden increase in population, (and an increase in drinking), the local police departments increase their presence in the areas of Beach Haven, Ship Bottom, Long Beach Township, Surf City, Barnegat Light and Harvey Cedars. Long Beach Island is a memorable place with great restaurants, music, beaches and other great activities, it is also a place where many people get arrested over the summer months.

If you have visited LBI, you know it is a beautiful place, but often juveniles and adults get arrested for disorderly person offenses while on vacation and it can unfortunately have a tremendous effect on their lives. Whether the arrest be for a borough ordinance violation, Possession of Marijuana less than 50 grams, Drug Paraphernalia, Criminal Mischief or Simple Assault, all these matters require court appearances and are considered Disorderly Person Offenses. A Disorderly Persons offense can have long-term effects on your life. It holds a maximum of 6 months in jail, probation and fines. It is imperative that you have an experienced criminal defense attorney fighting for you in these local municipalities of Beach Haven, Long Beach Township (which includes Brant Beach, Holgate, Brighton Beach, Beach Haven Crest, Beach Haven Terrace, Beach Haven Gardens, Haven Beach, The Dunes, Spray Beach and North Beach Haven), Surf City, Barnegat Light, Harvey Cedars and Ship Bottom.

If the matter is classified as an indictable offense, whether is it be 1st, 2nd, 3rd or 4th degree the matter will be transferred to the Superior Court located in Toms River, New Jersey. Again, it is important to have an attorney with experience on your side.

Red Bank Municipal Court is located on 90 Monument Street in Red Bank, New Jersey. If you or a loved one has been arrested in any municipality, including but not limited to: Red Bank, Middletown, Fair Haven, Rumson, Little Silver, Eatontown, Deal, Ocean or West Long Branch it is important to find a local attorney who is familiar with the local municipal court. Ms. Breslow has appeared in all of these courts and has experience throughout the county.

If you have been arrested for Possession of Less than 50 Grams of Marijuana, your matter will be heard in the municipal court. This drug charge is considered a disorderly persons which holds a maximum of 6 months in jail, loss of license as well as other fines and penalties. If you are a first time offender a lawyer could negotiate a deal with the Prosecutor where you would receive a conditional discharge. However, it is important to understand what the implications are of a conditional discharge prior to entering into it. For example, with a conditional discharge you will be disqualified from other diversionary programs, such as Pre-Trial Intervention. Thus, it is importance to understand your opinions before entering in any "deal." Tara Breslow has experience in the municipal courts and could advise you on the best ways to proceed.

If you or a loved one has been charged with a felony offense, it will likely that your matter will be sent to the Superior Court in the county where you were arrested. For example, if you were arrested in Monmouth County, your matter will be transferred to the Superior Court located in Freehold. Once the matter is transferred it will undergo a screening process, and it is possible that prior to the matter being sent to the Grand Jury for Indictment, the matter will be sent to the Pre-Indictment Court, otherwise known as PIP court. Judge Kilgallen is the newly assigned Judge who presides over PIP court in Monmouth County.

It is not always beneficial to accept a plea deal in PIP court. However, sometimes it is the best deal that a defendant will ever be offered. It is important to know the risks as well as the benefits of accepting or rejecting a plea offer. An experienced criminal defense lawyer in New Jersey can help advise you whether this will be the best deal or if you can do better if you wait.

If your child or loved one has been arrested and they are less than 18 years old, their matter will be heard within the Superior Court where the Juvenile resides. Even if the matter would have otherwise been heard in the local municipal court, juvenile matters are heard within the Family Division of the Superior Court. Depending on the severity of the arrest and whether there were co-defendants arrested at the same time, the case will either before a referee or a Superior Court Judge.

If this is the juvenile's first time in the judicial system, then it is possible for an experienced criminal attorney to negotiate a deal for the juvenile where he or she gets their matter dismissed after a period of time. This type of resolution is referred to as a deferred disposition. If your child has been arrested for Possession of Marijuana less than 50 grams, Possession of Drug Paraphernalia, Possession of CDS (Controlled Dangerous Substance, including heroin, zanax, and cocaine), Theft, Aggravated Assault or any other disorderly persons offense, fourth degree or third degree offense, then he or she could be eligible for this type of resolution. If there are drugs and/or alcohol involved the Judge might require mandatory drug testing and other conditions.

Often times, young people make a wrong decision and this should not ruin their bright future. It is important to have an experienced New Jersey criminal defense attorney on your side so that this minor mistake does effect the juvenile long term.

Drug Court has been a successful addition to the court system as it has treated non-violent offenders who suffer from drug additions throughout the state of New Jersey. The rates of recidivism for drug court graduates have proven to be minimal as compared to the rates for drug offenders. There is no doubt that drug court has changed many lives, but now it seems that Governor Christie is trying to expand this program in order to avoid increased incarceration for those who suffer from addition.

As part of drug court, a person has to complete the recommended drug treatment program, and then remain on probation for 5 years. The individual is highly monitored by the Drug Court Team including drug testing, proof of employment and weekly appearances in court. Even though Drug Court is a commitment and time consuming, often times it is a way to avoid incarceration. This year has been an exciting year as Governor Christie has showed tremendous dedication to expanding the program to many of those who otherwise could not get in prior.

In 2012, Governor Chris Christie has made monumental strides in trying to expand the Drug Court Program in New Jersey. This new program will provide for drug programs and treatment for those appropriate candidates, to be implemented over a five year time period.

The question will remain what are the effects of the Governor's legislation. Currently, there are many restrictions on who can enter drug court as well as a lengthy application process and the Prosecutor has discretion in deciding whether or no they recommend an individual for the program. The legislation will not take effect immediately and it remains unknown how the County Prosecutor's Offices will respond. It is important to have an experienced criminal lawyer who knows how to navigate through the application process, and get you into drug court if it is the appropriate resolution. Drug addition has devastating effects and Drug Court can be an opportunity to avoid incarceration as well as overcome one's drug problems.

see also, NJ.com

The Law Office of Tara Breslow had a recent success with a second DWI and Refusal. After several court appearances, the DWI and Refusal was ultimately dismissed. The Defendant plead to a lesser traffic offense and had a minimal loss of license as opposed to a two years loss of license.

Juvenile matters are heard in the Family Division within the Superior Court usually where the crime occurs, or it can also be the county where the juvenile resides. Often times, if it is the juveniles first "run in" with the law, the juvenile is be eligible for a deferred disposition. This means that the juvenile will not have to be finger printed or give a DNA sample, and if he or she remains arrest free and complies with the other conditions, the adjudication will not go on their record.

Often times if these charges are serious or involve a burglary or if there is excessive restitution, the Prosecutor might oppose such disposition. If that occurs, then an experience New Jersey criminal lawyer can make a persuasive argument to the judge, and the judge could give the juvenile this opportunity. Also, there is the option of doing a back-ended deferred disposition, which means that for the time period of probation the disposition will remain on their record, however, if they complete the time period without any arrest and follow all conditions, then the disposition will be removed from the juveniles record.

This law office has helped thousands of juveniles get this type of result, giving them a second chance.

Often times, people who lead productive law abiding lives make a mistake in their adult life, that leads to an arrest. Of course, a criminal record can lead to loss of a job, embarrassment and other life changing events. If you are a first time offender, PTI may be a way that you can keep a "clean" record. If you or a loved one has been charged with a felony offense, it is important to understand how PTI (pre-trial intervention) works, so that your future in no tainted by one event in poor judgment.

Whether you live in Monmouth, Ocean, Middlesex County or any other county in New Jersey, PTI supervisory programs are available in each county in the State of New Jersey. Usually, PTI is for 3rd and 4th degree offenders, however, an experienced criminal attorney could attempt to have the Prosecutor allow a 2nd degree offender apply to the program, and hopefully be accepted.

In order to be accepted, there is a two-phase application process, first you must be accepted by the probation department and then by the Prosecutor's Office. Usually, PTI is for a 12 to 18 month time period. During the time period of PTI, you will need to report to a probation officer and follow all conditions imposed by the court. If there is an excessive amount of restitution to be paid back, then there might be a long time period for probation, but you can make an early release application. In addition, there is a community service component that one must complete which can range from 45 hours to 120 hours. All fines are to be paid through probation. It is important if you are accepted into PTI to comply with all conditions because you can be terminated and then face the original charges. After completion of PTI, you must wait 6 months to have the matter expunged.

It is imperative that an experienced criminal New Jersey lawyer helps you get into PTI because it is an opportunity that could save your future.

The Law Office of Tara Breslow was successful in winning a DWI matter by having it dismissed today, based upon the State's lack of evidence in proving that the defendant was under the influence at the time of the motor vehicle stop. The State failed to produce a Drug Recognition Expert during the night of the stop. This is often grounds for dismissal since the State cannot properly prove that the defendant was under the influence at the time of the motor vehicle stop. In this case, the defendant tested positive for marijuana in the urine test, however, the State could not link that to the Defendant being under the influence the night of the incident.

Recently, the Law Office has been successful in winning several motions to be removed from Megan's Law in counties where no other motions have been brought before the Court other than by this office. In fact, one of these motions was objected to by the county Prosecutor's Office, and we still won the motion to the client removed from Megan's Law.
In both cases, over 15 years had passed since the person had been convicted of the sex crime, and there were no new arrests. We were able to prove that the person did not pose a risk to the community and in turn the motion was granted. There are some sex crimes that are disqualified from removal, but most are not. It is imperative that if you qualify for removal that you file the motion immediately, with the assistance of counsel, as it is likely that a Federal Law will come into effect in New Jersey and removal will likely not be able to be obtained within the same time periods.

Ms. Breslow was successful last week in getting an individual removed from Megan's Law, where the individual currently resides outside the State of New Jersey. Often times, a person who was put on Megan's Law more than 15 years ago will decide to leave the state for one reason or another. Of course, other states have reciprocal Megan Law systems, so the person will have to register and often times he or she will be put on the internet. However, if someone has remained arrest free for more than 15 years since the date of conviction or release from incarceration, and the offense is one that is eligible for removal, then through an attorney the person can file a motion to be removed from Megan's Law.

Being taken off Megan's Law will have tremendous effects on one's life, no longer facing the embarrassment they have encountered from neighbors, co-workers, loss of work, etc. Of course, the person needs to be evaluated by a psychologist, and there needs to be a recommendation submitted to the court with the motion papers.
If an individual resides out of state, the motion is filed in the county where the person was originally put on Megan's Law. This is where the motion will be heard before a Superior Court Judge who is often assigned to Megan Law matters.

This office has been very successful at getting these motions granted throughout the State of New Jersey.

If a juvenile commits an offense which is classified as a felony offense it is likely that he or she will be appearing before a family court judge in the Superior Court of the County where the juvenile resides. In some situations, the case could be diverted to a refugee or the JCC, but if the juvenile was arrested with other individuals who have prior delinquent histories, or the offense is serious then it is likely that the juvenile will be appearing before a Superior Court Judge.

The Law Office of Tara Breslow has been extremely successful in getting favorable results with juvenile matters. I believe that it is very important that juveniles do not have any type of adjudicated delinquency record. For example, if a juvenile is put on probation and they are applying for Federal loans for college it is likely that he or she can be denied. In addition, if the juvenile is arrested in the future any record of juvenile delinquency can have negative effects on any future cases. Also, if a juvenile is applying to college and he or she is faced with questions regarding prior arrests, it is imperative that their matter is handled properly so that he or she can answer those questions in a truthful way while not jeopardizing their likelihood of acceptance.

If a matter can be resolved with a deferred disposition, then the juvenile will be put on probation for a period of time and if they comply with the conditions imposed, and they are not arrested again, the matter will be disposed of. Thus, the juveniles poor judgement will not effect their future. It is imperative that the juvenile has an experienced criminal defense lawyer on their side, making sure that he or she has a the best results.

What is K2? It is sometimes referred to as "Spice" or "Designer Marijuana," and it is a type of synthetic cannabis product that is becoming more prevalent throughout New Jersey. If you or a loved one is caught in possession of this type of drug; be aware that it is classified under the same Schedule as cocaine and heroin and as such considered a controlled dangerous substance. Since this drug is somewhat new on the market, in the recent past many drug tests did not pick up on K2, however that has all changed in recent months.

At the present time, Police in Highlands are investigating four separate incidents where individuals ended up in the hospital after smoking K2. Reportedly, the substance was purchased from a gas station located in Keansburg. This substance can cause severe hallucinations. K2 is classified under the same schedule as cocaine or heroin. In recent months Monmouth and Ocean counties, there have been many other arrests over the past months involving different shops selling K2 in violation of Federal and State laws.

It is also very common that juveniles are arrested for possession of K2. If a juvenile is arrested for Possession of this type of controlled dangerous substance the matter will be heard before a Superior Court Judge in the Family Division. If you or a loved one has been arrested for possession of a controlled dangerous substance; it is imperative that you contact an experience criminal defense attorney.

For more information on these arrested please visit app.com.

Prescription drug misuse is on the rise for juveniles in Monmouth County and the second most commonly abused category of drugs, behind marijuana. For juveniles, prescription drugs are more common than cocaine, heroin, methamphetamine and other drugs. These drugs are extremely addictive and include painkillers such as OxyContin or Vicodin, and tranquilizers like Xanax or Valium.

If a juvenile is arrested for possession of these drugs, he or she will have to appear before a Superior Court Judge in the county of residence. The local municipality where the juvenile was arrested will refer the matter to the Prosecutor's Office. For example, if a juvenile was arrested in Middletown, the matter will be referred to Monmouth County Prosecutor's Office.

It is imperative that an experienced juvenile criminal defense attorney handles the matter to avoid any type of long-term hardship to the juvenile. It is often the case that the family is concerned more with the drug misuse and the criminal matter takes a second seat. However, there are ways that the drug treatment can be incorporated into the juvenile matter so that the child benefits from the treatment.

The fourth of July weekend brings many people to the jersey shore area and with the celebratory weekend, there is an increase in arrests for crimes related to Fireworks. Possession of Fireworks are illegal in the state of New Jersey notwithstanding the fact that they are very accessible to buy just over the state lines in Pennsylvania. The crime of Possession of fireworks is considered a disorderly persons offense which is punishable up to six months in jail. Possession of fireworks with the intent to sell is a fourth-degree offense with a maximum penalty of 18 months State Prison and fines up to $10,000. The following are considered fireworks: firecrackers, torpedoes, skyrockets, Roman candles and sparklers.

A disorderly persons offense is heard in the municipal court of the town or municipality where the arrest occurred. A fourth degree crime will likely be heard in the Superior Court of the county where the incident occurred.
Often times juveniles are arrested for possession of fireworks. Juvenile matters are heard in the family division of the Superior Court, and not the municipal courts. All juvenile matters are brought before the family division. It is important to avoid a criminal record in these type of situations so that there are not long term effects for immature acts.

It is important to immediately call an experienced criminal defense attorney if you have been charged with Possession of Fireworks, so that your matter will be handled in the proper way to get the best possible results. Most importantly, it is imperative that an attorney works to make sure you do not get a criminal record for these types of acts.