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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.

Articles Posted in Motor Vehicle

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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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If your question is whether you are eligible for Pre-Trial Intervention (PTI) or a Conditional Discharge it must first be determined what court your matter is going to be heard. If you are charged with a disorderly persons drug offense then your matter will be heard in municipal court. If you are charged with a felony offense then your matter will be heard in Superior Court.

Pre-Trial Intervention, commonly called PTI, is a diversionary program offered in the Superior Courts for those individuals with no criminal record. The process begins with an application to be filled out by the applicant and then probation interviews the applicant and reviews the application and renders a decision. Then, the Prosecutors Office will review the file and determine if they will accept the applicant. If the person is excepted into PTI, then he or she must appear before a Superior Court Judge in order to accept the conditions set forth. Usually, there are fines (for drug offenses there will be additional DEDR penalties) application costs, court costs and restitution if applicable. In addition, community service is imposed by the Judge and the hours can range from 50 to 300.

If you are appearing in Municipal Court and charged with a minor drug offense, then you could be eligible for a Conditional Discharge. When you receive aConditional Discharge you agree to be placed on probation for at least a year or longer, and if you complete the conditions imposed you will have the matter dismissed. This option is only available in the municipal courts and only applies to minor drug offenses.

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If you have been pulled over and received a motor vehicle ticket, it is important that you hire an experienced New Jersey Criminal Defense Attorney. It is important that you hire a lawyer in order to negotiate a favorable deal for you so that you get the best possible deal.

If you are a New Jersey Resident, speeding tickets and other offenses can accumulate on your motor vehicle record. If you have more than 8 points, you will have difficulties receiving insurance coverage and you will likely have to purchase insurance in an “assigned risk” plan.

The information below comes from the MVC website, as of February 2006. Please check that website to make sure you have the most up-to-date information.

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