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Articles Posted in Municipal Court

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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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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 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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What is K2? It is sometimes referred to as “Spice” or “Designer Marijuana,” and it is a type of synthetic cannabis product that is becoming more prevalent throughout New Jersey. If you or a loved one is caught in possession of this type of drug; be aware that it is classified under the same Schedule as cocaine and heroin and as such considered a controlled dangerous substance. Since this drug is somewhat new on the market, in the recent past many drug tests did not pick up on K2, however that has all changed in recent months.

At the present time, Police in Highlands are investigating four separate incidents where individuals ended up in the hospital after smoking K2. Reportedly, the substance was purchased from a gas station located in Keansburg. This substance can cause severe hallucinations. K2 is classified under the same schedule as cocaine or heroin. In recent months Monmouth and Ocean counties, there have been many other arrests over the past months involving different shops selling K2 in violation of Federal and State laws.

It is also very common that juveniles are arrested for possession of K2. If a juvenile is arrested for Possession of this type of controlled dangerous substance the matter will be heard before a Superior Court Judge in the Family Division. If you or a loved one has been arrested for possession of a controlled dangerous substance; it is imperative that you contact an experience criminal defense attorney.

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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.

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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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In the State of New Jersey, criminal offenses are divided into 2 general categories- Indictable offenses and disorderly persons. Indictable offenses are graded starting at 1st degree (the most serious), second degree, third degree and fourth degree. Disorderly persons offenses are non-felony offenses, and there is a also petty disorderly persons which is less serious than a disorderly persons. Disorderly persons, as well as fourth degree felony offenses, are heard in the Municipal Courts, while the indictable offenses are heard in Superior Court. The following offenses are disorderly persons offenses, shoplifting, harassment, possession of less than 50 grams of marijuana and possession of drug paraphernalia.

The maximum fine for a DP or disorderly persons is $1,000. And the maximum jail sentence for a disorderly offenses is 6 months, and possibility of up to six month loss of license. There are ways an attorney can argue for no loss of license. If this is your first time convicted of a disorderly persons offense there is a presumption of non-incarceration. In addition, you may be eligible for a conditional discharge, which is a diversionary program designed to avoid an individual having a criminal record.

Also, a disorderly offense can be expunged within five years of date of conviction, or from last payment of any fines owed, whichever is latter. Even if your matter was resolved with a conditional discharge it is recommended that you get the matter expunged so that it will be completely erased from your record.