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“Thanks Tara for always believing in me and making me feel like I was your only client. You made the impossible possible. Forever grateful.”

- Gabriel V.
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1810630564-huge-300x200Summer 2021 is back in full force!  Many people are back out frequenting local bars and attractions in Belmar.  If you have been arrested for 2C:33-2A, disorderly conduct in Belmar, whether at Bar Anticipation, D’Jais or any place else,  I can help you.  These charges usually are related to remaining outside or inside a bar after being asked to leave.  If you have been charged with 2C:18-3B, defiant trespass, relating to a similar situation, I have appeared in Belmar for over a decade successfully defending  individuals charged with these types of offenses.  

I have also successfully defended individuals charged in Belmar for underage drinking, resisting arrest, simple assault, possession of a fake ID and other drug offenses.  Oftentimes, in these situations the person is also charged with an Interference of Business Ordinance, 2016-915.   There is a mandatory appearance required if you have been charged with a disorderly persons offense in Belmar Municipal Court located at 601 Main Street and it is important to get the best representation.  

Why call me?  I strongly believe that the best results come from dealing with one attorney from the inception of the case; from the first time you call me to the date of your appearance you only deal with me. We prepare the best possible defense and you will always maintain communication with me directly.  I have appeared in Belmar and Lake Como for well over a decade and I know how to best navigate you through this process and get the best possible results.  

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Under NJSA 2C:7-2(f), a Registrant can petition to be removed from Megan’s Law after 15 years if they have not committed a new offense, and they are found not to be a threat to the community.  Prior to a recent Supreme Court ruling, if a registrant committed a subsequent offense after being placed on Megan’s Law, the 15 years time period would simply commence again after the subsequent  new offense.  However, in March of 2020, in State in the Interest of HD and JM, the Supreme Court ruled that the Registrant must remain completely offense free during the 15 year period in order to qualify for registrant relief commencing upon conviction, adjudication or release from confinement. 

The procedural history of JM and HD are as follows. In 1994, J.M. pled guilty to third-degree aggravated criminal sexual contact and it 1997, H.D. pled guilty to endangering the welfare of a child.  Both JM and HD were sentenced to probation and required to register as sex offenders. Subsequent to being placed on Megan’s Law, HD pled guilty to failure to register as a convicted sex offender in violation of N.J.S.A. 2C:7-2(a) and (e). JM pled guilty in 2001 to a computer crime in violation of N.J.S.A. 2C:20-29.  Both were sentenced to probation and neither has been convicted of anything since those dates.  

In 2017, after 15 years had passed they both filed for Removal from Megan’s Law Registration, and their motions were denied at the Superior Court level.  They both appealed and the Appellate court reversed the State Court’s decision, determining  that subsection(f) is ambiguous as to whether its requirement of fifteen years of offense-free conduct resets following an offender’s subsequent criminal conviction.  The Supreme Court reversed the Appellate decision, which essentially means that JM and HD are now barred from removal from Megan’s Law. 

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CORONAVIRUS (COVID-19) IS REAL BUT LIFE CONTINUES: CONTACT ATTORNEY TARA BRESLOW-TESTA FROM THE SHELTER OF YOUR PLACE.

March 18, 2020 by the Law Office of Tara Breslow

The nationwide quarantine inspired by Coronavirus (COVID-19) is unprecedented in the experience of most New Jersey residents. Citizens of New Jersey have been encouraged to shelter in place, to stay home and avoid social contact to prevent transmitting and/or contracting the respiratory disease that is proving fatal.  Unfortunately, several of our residents both in Freehold, as well as Red Bank, have been affected by the virus.   

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What is Pre-Trial Intervention and More Importantly Is it The Right Choice?

Pre Trial Intervention, often referred to as “PTI,” is a diversionary probationary program offered at the Superior Court level in the county courts.  It can be a way to avoid a criminal record.  Most of the time, you enter the program without ever pleading guilty and even if a guilty plea is a contingency to acceptance, you will never be sentenced or convicted of a crime if you successfully complete the program.

Pursuant to the statute, the minimum length of time for probation imposed is a one year time period.  However, per the statutory guidelines, you can ask your probation officer for an early release from the program as early as six months.  The judge determines the length of time that is initially imposed, and usually community service is a condition, although sometimes this condition can be waived.   Upon acceptance into the program, you are to remain arrest free and if all other conditions are met you will successfully complete the program.

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https://www.monmouthcountycriminaldefenselawyer.com/wp-content/uploads/sites/409/2019/09/Tara-See.hear_.now--240x300.jpgAsbury Park criminal defense attorney Tara Breslow-Testa

Over the weekend of September 21-22, the sea.hear.now Festival welcomed more than 35,000 people to Asbury Park. From sea to Shore, Asbury Park rocked and resonated with music from dozens of bands headlined by the B52s, the Dropkick Murphys, Joan Jett and the Blackhearts and the Dave Matthews Band. Lots of live music, but also a surf contest, art demonstrations, food and drink. 

The sea.hear.now Festival was the place to eat, drink, rock out and be merry – say goodbye to summer and hello to fall.

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DISORDERLY CONDUCT AT THE JERSEY SHORE CAN HAVE SERIOUS CONSEQUENCES. 

Sea Girt is a popular Jersey Shore place to eat drink and be merry. But if you get too merry and cross the line into behavior that is considered disorderly conduct you might need the services of a lawyer.

Sea Girt, Belmar, Lake Como disorderly conduct attorney Tara Breslow-Testa is who you should call if cited or arrested for “causing public inconvenience, annoyance or alarm, or  recklessly creating a risk thereof.” All disorderly conduct cases go to court and some end up better than others.

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In this two-minute video, Monmouth County drug court attorney Tara Breslow-Testa discusses the pros and cons of Drug Court and explains it’s for those who are serious about escaping their drug addiction – and not just for someone evading jail.

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A New Jersey Case Laid a Foundation for Cyber Harassment/Stalking Law

“…the Internet and related technology have also become new mediums for misconduct, in that communications via the Internet can be used to threaten, harass, intimidate, and cause harm to others.”

– Patricia R. Recupero, JD, MD (2008)

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Sexual harassment is something no worker should have to tolerate. Your job is to do your job, not be your boss’ sexual conquest or target for inappropriate, crude language or physical contact. You should be given respect at work, not a work atmosphere that turns your stomach. If severe enough, sexual harassment can be the subject of a civil lawsuit against a current or former employer.

The #MeToo movement is the most recent public push to publicize and end sexual harassment. It started with the exposure of Hollywood executives’ desire to manipulate and sexually exploit actresses and spread to high ranking members of the media and other industries.

Though this effort is relatively new, discrimination based on sex in the workplace was forbidden by federal law (known as Title VII) in 1964 and sexual harassment was recognized as a cause of action by the U.S. Supreme Court in 1986. Sexual harassment is considered to be a type of sex discrimination.

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Prior to 2017, every criminal defendant in the state had a constitutional right to pre-conviction bail. After an arrest, a judge would set a monetary bail amount in each case. The defendant could post bail with cash or with a bond. If the person couldn’t afford either, he or she would stay in jail until the resolution of their trial. This resulted in people stuck in jail, not because they were a danger to society but because they were poor.

New Jersey’s Bail Reform and Speedy Trial Act changed this system. This act gives significant importance to the risk to the community when a determination on releasing the defendant is made. Additionally, the court takes into account:

  • The offense
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