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Articles Posted in Borough Ordinance

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If you have been charged in the State of New Jersey with any of the following offenses, you may be eligible for a Conditional Discharge pursuant to NJSA 2C:36-A-1: NJSA 2C:35-10(c), failure to turn over CDS to an officer “failure to turn over;” NJSA 2C:35-10(a)(4), possession of less than 50 grams of marijuana; NJSA 2C:35-10(b), under the influence of CDS; NJSA 2C:36-2, possession of drug paraphernalia.  These matters are heard in Municipal Court.

What is a Conditional Discharge? If you are eligible for a Conditional Discharge, it does not automatically mean that you will enter into the Program. Pursuant to NJSA 2C:36A-1, an attorney can make a Motion to suspend further court proceedings and place their client on a special type of supervised probation. Since this is an optional program, it is important that the defense attorney prepare evidence showing that their client is a good candidate for a conditional discharge. It is helpful to collect letters of recommendation, proof of employment, drug treatment, and any other information that helps prove that the defendant will benefit from such program.

An experienced New Jersey criminal defense attorney can advise you if entrance into a Conditional Discharge is something you should consider. For example, the State needs to meet their burden by providing all discoverable materials, including but not limited to a lab report, if applicable. If the State does not provide the proper materials, it is possible by way of a motion that the matter can be dismissed.  Also, if you enter into a conditional discharge, after completion of the program you still need to expunge the matter if you want the arrest off your record. It is important to be aware that by entering into a conditional discharge you will not be eligible for other diversionary programs in the future such as Pre-Trial Intervention (PTI). Thus, it is imperative to have an experienced criminal defense attorney on your side to help guide you through the Municipal Court system.

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This New York Times article discusses the debate over random drug testing in high schools in New Jersey. I will be interesting to see if this goes through, and what the legal ramifications are for those who test positive.

See link below for article:

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PNC Arts Center is located in Monmouth County, New Jersey in the town of Holmdel. It is one of two major outdoor arenas located in the New York Metropolitan area. The venue has been the center of several controversies, including an incident during a Phish concert in 2000 where over 70 people were arrested, and the band was not invited back to the venue before their hiatus in 2004.

In recent years, there has been an increase in police presence at the Arts Center, and this has resulted with an increase in arrests for those attending concerts at the venue. Unfortunately, a night of fun and relaxation can result with an arrest that can jeopardize your future.

If you have been arrested on a felony charge in Holmdel, New Jersey, the matter will be transferred to the Superior Court located in Freehold. If you have been charged with a third or fourth degree Possession of Controlled Dangerous Substance (CDS) or any other felony charge, it is imperative that you hire an experienced Monmouth County criminal defense attorney to handle the matter. It is possible that the matter could be remanded back to municipal court. Or if this is your first offense you could be eligible for Pre-Trial Intervention (PTI), avoiding a criminal record.

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As the warm weather air rolls in and July 4th is around the corner, beach-lovers head to Long Beach Island (LBI).  Inevitably, when there is a sudden increase in population in a shore town, the local police department increase their police presence as well.   This increase in police presence in the summer months is evident in the towns  of Beach Haven, Ship Bottom, Long Beach Township, Surf City, Barnegat Light and Harvey Cedars.

If you have visited LBI, you know it is a beautiful place, however many  juveniles and adults are arrested while on vacation in LBI over the summer months.  An arrest can have significant long term negative effect on your life . 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.  A Disorderly Person offense holds a maximum of 6 months in jail, a probation term and up to $1000 in court fines. It is imperative that you have an experienced criminal defense attorney fighting on your side 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.

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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.

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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.

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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.

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If you are student at Monmouth University, and under the legal drinking age, and you are caught drinking it can lead to tremendous problems. It is common that the police will charge you with a borough ordinance at a minimum. This will stay on your record for two years until it is eligible for expungement. It is important to have an experienced criminal defense attorney come to court so that the matter is handled properly and handle the expungement if necessary (even for the arrest).

An incident of underage drinking can lead to an appearance in municipal court and possibly having your name in the newspaper. In addition, Monmouth University can suspend students if they violate any aspect of the code of conduct (after a hearing before the board).

Fifteen people were arrested in Ocean Township for underage drinking. One of the individuals was underage and his name was then in the paper. This is something that is common in the area of Long Branch, Ocean Township and West Long Branch where many students live off campus.

The source for this story is app.com
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