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Articles Posted in Monmouth County Jail

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Monmouth County Assault Defense Lawyer Tara Breslow-Testa Knows the Different Degrees of Assault. Speak to Tara Before Speaking to Anyone.

SIMPLE AND AGGRAVATED ASSAULT

The differences between simple and aggravated assault are both subtle and significant – but those differences can mean the difference between liberty and a lifetime of trouble: years in prison and hundreds of thousands of dollars in fines. Monmouth County Assault Defense Attorney Tara Breslow-Testa understands the subtleties and significances. Anyone accused of assault – simple or aggravated: second, third or fourth degree – should consult with Tara before speaking to anyone else – including law enforcement. Contact the law offices of Tara Breslow-Testa at  (732) 784-2880.

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Police CarThe bar and nightclub scene in and around Red Bank and Monmouth County, New Jersey, is legendary – a place to see and be seen, dance the night away, or just enjoy the music in venues where the up-and-coming rub elbows with established performers who sometimes stop in for a set or two on a nostalgic whim. It can be a fun place.

Unfortunately, not every night of clubbing goes as planned. A little too much to drink, a bad decision or two, and a great night can turn into a bad morning after, sometimes with serious consequences.

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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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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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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.

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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.

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If you have been charged with the crime of Possession of Less than 50 Grams of Marijuana, you have been charged with a crime that many other individuals have been charged with throughout Monmouth County. Often times people are arrested for Possession of Marijuana in a driving a motor vehicle after getting pulled over by the police. Or sometimes, the marijuana is found on an individual incident to another arrest.

This offense is considered a disorderly persons offense. If found guilty of the charge, it will go on your record, and it cannot be expunged for 5 years following the date of conviction, date of completion of probation or date all fines are paid off, whichever date is the latest in time. Also, you can face up to 6 months incarceration, loss of a driving license and additional fines and penalties. If you have been charged with this offense, an experience attorney might be able to negotiate ae conditional discharge for you or a possible dismissal.

If you are an adult on the date of arrest then the matter will be heard in the municipal court of the town where you were arrested. If you are a juvenile then your matter will be heard in the the family division of the Superior Court. Ms. Breslow is extremely familiar with juvenile matters and knows how to get the best possible results in the juvenile courts.

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Last year, Amit Bornstein died in Monmouth County Jail in Freehold. He was a 22 year old man from Marlboro who took care of his brother while his father was traveling abroad. In July of 2010, he was arrested at his home following a failure to appear in court on minor offenses. He was forcibly restrained by officers after he allegedly because abusive to the officers during his intake. Then, seven hours later he was found dead at Monmouth County Jail, in Freehold, NJ.

Recently, the Monmouth County Prosecutors Office cleared the officers involved of any wrongdoing and closed the case. Monmouth County Prosecutor Peter E. Warshaw Jr. said that his decision to close the case was based upon a medical examiner’s autopsy report, which found that Bornstein had a pre-existing fatal health condition. In the report, the medial examiner explained that Bornstein resisted restraint by refusing to place his hand behind his back to avoid being handcuffed. Shortly thereafter, Bornstein was pepper spray, shackled and still resisted. About an hour later, his heartbeat slowed and his died. He did have restraint marks on his body but this was found to have been caused by his owns resistance to the officers. The family believes that he was brutally murdered and they are filing suit.

This situation raises many questions. First of which is how come this intake area is not under video surveillance? And if Bornstein was restrained as described why was he not under constant surveillance? What did the other detainees witness? The intake area is a busy place, did any of the other detainees get interviewed and give statements?