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Articles Posted in Juvenile

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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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If you have been on Megan’s Law for 15 years and have not committed any new offense, then you could be eligible for removal from Megan’s Law and Community Supervision for Life.

Megan’s law was first enacted in 1994 and pursuant to N.J.S.A.2C:7-1, the Legislative intent was to punish those individuals who where convicted of sex crimes, as well as create a regulated monitoring system to protect the community at large. However, the Legislator also had the foresight to envision that in some situations relief from Megan’s Law would be appropriate. Specifically, removal from Megan’s Law can be sought where an individual remains offense free for a 15 year time period and is no longer a threat to the community. In pertinent part N.J.S.A.2C:7-2(f) states:

“Except as provided in subsection g. of this section, a person required to register

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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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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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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.

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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.

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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.

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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.