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Articles Posted in Motor Vehicle

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DISORDERLY CONDUCT ALONG THE JERSEY SHORE

As seen on TV: Underage drinking and public intoxication are rampant in Seaside Heights and all along the New Jersey shore during the summer months. Public safety officials are vigilant in enforcing the local and state laws, and the time and money investment involved in arrest and courts, and the possible fines, can be alarming.

If arrested for any alcohol-related crime in Seaside Heights, you would be wise to talk to Tara Breslow-Testa, a Seaside Heights public intoxication lawyer who can help anyone accused of open container, drinking in public, underage drinking and public intoxication in Seaside Heights.

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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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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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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.

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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.

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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.