Drunk driving or Driving under Influence (DUI) is a serious offense under New Jersey Laws. A conviction entails financial penalties, jail terms, community service and loss of a driving license for a certain period of time.
DUI cases have increased by thousands all over the state. Because of the increasing severity in penalties, most of those charged by DUI must seek alternatives to pleading guilty. Anyone charged with a DUI needs a good attorney.
The Defense accepts that most people charged are guilty, which not always the case. The evidence against the offender brought by the police in the form of an ultra red breath analyzer is subject to serious errors. The breath analyzer is regarded as tried and evidence, but it can be inadequate and can easily be a point of attack by a defense counsel.
Also, ‘opinion’ is gathered by police officers through s field sobriety tests. These tests are supposed to reveal the agility and sobriety of drivers. But recent studies question the accuracy and scientific validity of these tests. The defense attorney can get a pre-trial ruling that these tests are not valid evidence.
The misconception is that drunk driving is a minor offense. A DUI conviction can have a severe financial, social and psychological hardship on the defendant. A DUI defense attorney must not leave any stone unturned in defending his client
There is a myth that DUI cases can’t be won, and often times attorneys advise their clients to plead guilty. It is best to refer the case to a jury trial. When jury trials are available, success rates of acquittal are amazingly better.
Finally, a DUI case is not like any other criminal case. In any criminal case, physical evidence is collected and preserved, subject to independent analysis by the defending attorney. But in case of DUI, breath tests do not have to be saved. There are also Sobriety Check points that are set up by police departments to check DUI violations.
New Jersey DUI and DWI law is very unique from the other states in the U.S. However, driving under the influence and driving while intoxicated are still against the law, making it an offense to operate a motor vehicle while under the influence of alcohol or drugs. Because this offense is a crime, there are serious criminal penalties that can be imposed if you are convicted of DWI or DUI. These criminal penalties can cause a loss of your freedom and lead to a difficult time maintaining employment and keeping your name in good standing within your community. If you have been arrested for a DWI or DUI offense in New Jersey, it is important that you contact a skilled New Jersey DUI lawyer who will have the knowledge, skills, and experience to successfully defend you in a DWI or DUI case.
New Jersey Drunk Driving Arrests
When you arrested for a DWI or DUI offense in the state of New Jersey, there are two ways that you can be prosecuted for such an offense. This is similar to the DWI and DUI laws in many other states. The traditional DWI/DUI is when the prosecutor will attempt to prove that a driver was under the influence. In this type of case, the prosecutor may introduce evidence of driving patterns, driver appearance, and field sobriety test results to try to prove that the defendant was driving while under the influence. The other way a driver can be prosecuted is under the “per se” law. This law exists in many states and has nothing to do with the level of impairment of a driver. This means that the prosecutor will use the defendant’s blood alcohol concentration test to show that they were in violation of the law. This will occur if the results of the test show the driver’s blood alcohol concentration level to meet or exceed the legal limit of 0.08%. If you refuse chemical testing, you will face even stiffer criminal penalties as well as the loss of your driving privileges. If you are under 21 and have a blood alcohol level of 0.01% or greater at the time of your arrest, you will also face serious consequences.
Unlike other states, a jury trial is not an option in DWI cases in the state of New Jersey. Instead, a court trial is conducted and a judge determines whether you are guilty or not guilty of a DWI offense. Unlike other states, you have a second opportunity to be found not guilty of the DWI offense. If you lose your court trial, you may request an appeal. Your case will be transferred to the Superior Court’s Law Division and a new judge will review the record. Attorneys will discuss the facts of your case and any laws that should apply. New Jersey is also unique because the driver licensing agency does not have a hearing or seek to suspend a driver’s license due to a DWI arrest. The offender’s driver’s license will not be suspended unless he or she is convicted and the court imposes a license suspension or revocation penalty.
New Jersey DUI Criminal Penalties
There are several penalties that the court can impose for a DWI conviction. They increase with each offense and vary based on the circumstances. The look-back period is in New Jersey, so the way an offender is charged will depend on the number of offenses he or she has committed and the time span in which these offenses were committeed. The penalties for a first offense are fines of $250 to $400, $30 in court costs, $50 to the violent crimes compensation board, $75 to the safe neighborhood fund assessment, $200 DWI surcharge, 12-48 hours of alcohol education, up to 30 days in jail, a restoration fee of $100, an MVC surcharge of $3,000, and separate insurance surcharges. The court may also require an offender to have an ignition interlock device installed on any vehicle that they drive for up to 3 years after the restoration of the offender’s driver’s license. If the DWI occurs in a school zone, the penalties are a one to two year loss of license, fines of $500 to $800, jail time of up to 60 days, and the other fines and penalties that are normally associated with a first DWI offense. A second DWI offense carries penalties of $500 to $1,000, 30 days of community service, 48 hours to 90 days of jail time, $30 in court costs, $75 to the safe neighborhood fund, $50 to the violent crimes compensation board, a $200 DWI surcharge, 48 hours of alcohol education, a restoration fee of $100, a MVC surcharge of $4,500, separate insurance surcharges, and mandatory installation of an ignition interlock device in any vehicle that the offender owns for the length of the two year suspension period. Committing a second DWI offense in a school zone results in a fine of $1,000 to $2,000, 60 days of community service, mandatory jail time of 96 hours up to 180, and other penalties usually associated with a DWI offense. The penalties for a third DWI offense are harsher. There is a $1,000 fine and a mandatory jail term of 180 days in jail. You will have to pay $30 in court costs, $50 to the violent crimes compensation board, $75 to the safe neighborhood fund, and a $200 DWI surcharge. You will also be required to attend 12 hours of alcohol education classes, pay a restoration fee of $100, pay an MVC surcharge of $4,500, pay separate insurance charges for a three-year period, and have an ignition interlock device installed on any vehicle you own following 3 years of license restoration. If you committed the DWI offense in a school zone, you will have to pay a $2,000 fine and comply with all of the other penalties normally imposed for a third offense. These penalties are serious, so it is important that you take DWI charges seriously. Contact a New Jersey DUI attorney as soon as possible to preserve your rights and have the best chance for being successful.
When it comes to hiring New Jersey bankruptcy lawyers, you need to consider many things. This article intends to give you a brief insight into the same.
Is The Attorney You Are Hiring Reputed?
The reputation of the New Jersey bankruptcy lawyers that you are hiring is perhaps the most important thing in this regard. Therefore, when you are researching the various options, keep in mind that the first thing that you have to research is the reputation of the lawyers. In the last few years, there has been a substantial rise in the number of bankruptcy cases in New Jersey. This has also resulted in a boom in the lawyers market. In fact, it is not an exaggeration to say that there are more bankruptcy lawyers in New Jersey than the people filing bankruptcy. Your options are plenty and you have to make your choice prudently. In order to check the reputation of the lawyers, it is recommended that you check their credentials and contact the associations where these lawyers work. You have to check every minor detail regarding the lawyer. Of course, this will consume lots of time, but it is worth investing that much time. After all, you are in a deep financial crisis and you want new bankruptcy laws to help you get relief from the huge debts that you owe to various creditors. And, this is where it becomes very crucial for you to hire the most competent and best New Jersey bankruptcy lawyers who is specialized in handling your type of bankruptcy cases.
Some people judge the reputation of the Bankruptcy Lawyers based on the fee they charge, which is certainly not the right way. Some lawyers in an effort to increase their reputation simply raise their fee substantially. You do not have to get in their trap. Please note that if you are patient and do a thorough research, nothing in the world can stop you from hiring a very economical but highly competent New Jersey bankruptcy lawyers. You must keep in mind that it is not just the attorney fee but you are also required to pay various other kinds of expenses, which are substantial in nature. Since you are filing for bankruptcy, it is a clear indication that you are not in a position to pay a huge amount only as attorney fee. Therefore, it is also important for you to keep in mind your specific budget while choosing the right New Jersey bankruptcy lawyers for you.
Overall, you need to work on a proper strategy and planning while you are hiring bankruptcy attorney in New Jersey.
If you have been charged with a crime, whether it’s a summary offense or a felony, New Jersey trial attorneys can be invaluable members of your legal team. Representing yourself in criminal court is almost a sure way of getting convicted of the crime in question. The law is complicated and only an experienced trial attorney should be trusted with case preparation and presenting your defense to a court of law. One factor that affects the seriousness of your case is the classification of the crime you have been charged with. If you hire an attorney early on, you can review the classification of the crime to plan how you will prepare your defense.
Crimes Against Justice
If a crime is classified as a crime against justice, it means that the crime was committed by interfering with law enforcement or government officials. Crimes against justice can include obstruction of justice, bribery of government officials, and lying under oath. If you destroy documents that are needed for a civil or criminal case, or hide or destroy other evidence, this can also be considered a crime against justice. If you have been charged with this type of crime, consult with a firm that has several New Jersey trial attorneys so you can find the best attorney for your needs.
An inchoate offense sounds complicated to understand, but it’s actually simple. An inchoate offense is when someone tries to commit a crime but is unable to carry out their intentions. Examples of inchoate offenses include conspiracy to commit murder, attempted theft, and acting as an accessory to a crime. If you are charged with an attempted crime, you cannot be charged for the actual crime itself. If you are charged with an inchoate offense, New Jersey trial attorneys can help you prepare your defense.
Crimes Against the Person
Crimes against the person are crimes that physically or emotionally injure someone or cause death. Good examples of crimes against the person are kidnapping, manslaughter, homicide, and rape. Crimes against the person are considered to be serious offenses, so you should immediately meet with New Jersey trial attorneys so you can select one to help you prepare your defense.
Crimes Against Property
Crimes against property are crimes involving property damage or the removal of property from its rightful owner. Examples of crimes against property include arson, larceny, burglary, and computer crimes. Many of these offenses are serious crimes and have serious criminal penalties for convicted offenders. If you have been charged with any crime against property, New Jersey trial attorneys should be your first line of defense.
New Jersey trial attorneys can be valuable sources of legal advice and make ideal advocates for defendants accused of any of the four types of crimes. If you have been charged with a crime against the person, crime against the property, crimes against justice, or an inchoate offense, work with a group of New Jersey trial attorneys to prepare a solid defense for your trial.
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With the evergrowing expense of living in New Jersey, everyday people are seeking to relocate to other states for better opportunities and to take advantage of the lower costs of living. With the help of a New Jersey Custody Lawyer and New Jersey Relocation Attorney, this can become a reality. New Jersey Parents who have sole and/or residential custody of their children have the right to be happy, period. Part of that happiness depends on the jobs available to them, the cost of living, the opportunities available to the children, the safety of the community, where their new spouse can be employed and beyond. With that in mind, New Jersey custodial parents have the right to relocate to another state over the objection of the non-custodial parent under certain conditions.
ONCE CUSTODY HAS BEEN DETERMINED IN NEW JERSEY, THE CUSTODIAL PARENT IS THE BOSS
Once child custody has been determined in New Jersey, whether in Hudson County, Essex County, or beyond, an order is an order and with that order, you have the daily responsibility to take care of your child and to seek the best for that child. One thing that many parents are facing is that the cost to live in New Jersey has continued to skyrocket over the years. People are questioning, why are they paying $17,000 on property taxes, why should they live in areas that violence is still pervasive or why should I stay in Hoboken when I can earn the same money in Chicago where the cost of living is much less? Well you don’t have to. You have the right to seek a better life elsewhere.
CRITICAL FACTORS IN BEING ABLE TO RELOCATE YOUR NEW JERSEY CHILD OUT OF STATE
I was fortunate to “make my bones” before some of the leading New Jersey Family Court Judges including: Judge Maureen Sogluizzo, Judge Donald Kessler, Judge Daniel D’Alessandro, Judge Maureen Mantineo and Judge Adam Jacobs. From them I crafted a very effective style in getting people approved to relocate. Some of the most critical factors are:
The move must be made in good faith. The move cannot be made to block the other parent’s parenting time or their bond.
The custodial parent must offer a proposed parenting plan.
The custodial parent must continue to foster the bond between the child and non-custodial parent.
Can the non-custodial parent move?
THE IMPORTANCE OF WORKING WITH A SKILLED NEW JERSEY FAMILY LAW ATTORNEY
The Courts of New Jersey follow the rules of the courts regardless if you are a lawyer or not. The Judges will not feel bad for you if you do not know or follow the rules, they will dismiss your case. Once you make a bad impression with a Judge, it is close to impossible to undue. There are excellent family law attorneys available throughout New Jersey. I suggest if you are serious about relocating out of New Jersey with your child, you hire an attorney to get the job done. Aside from that, I wish you the best of luck in achieving the life you want whether in New Jersey or not.
Prosecutors play a central role in the criminal justice system in the U.S.A. Prosecutors are governments’ lawyers who complete cases of the government against defendants. The government has the role to investigate, arrest and charge a person who is suspected of criminal activity and the prosecutor does the work.
A prosecutor is called as city attorney, county attorney or district attorney. The prosecutor is the adversary of a criminal defendant and the attorney. These two have a head to head confrontations in the court.
Drunk driving is one among the biggest killers in the country. Hence, laws in states like New Jersey have strict DUI (driving under influence) and DWI (driving while intoxicated) is stringent. A conviction for DUI or DWI can drain your financial resources and impair your ability to work.
In New Jersey, a first time offender has to pay $650 dollars or more in various fees and a $3000 insurance surcharge for three years. A convicted offender also has to spend 12 hours in IDRC (Intoxicated Driver Resource Center) and 30 days in prison. A driving license is suspended for one year. A second time offender has to pay $1700 or more in fees, $3000 in insurance surcharges and a driver?s license is suspended for two years. The offender has to do either 48 hours IDRC or a 48 hours jail term. The third term offender has to cough up over $2500, plus $4000 surcharge, and license privileges are revoked for ten years with a mandatory 180-day jail sentence.
DUI attorneys need to be experienced and experts in the field of criminal law. The prosecutor may be facing an experienced criminal defense attorney. Prosecutors have the important task of deciding whether to pursue drunk driving cases in court. The local police hands over the cases to the prosecutor. The prosecutor considers whether the case is legally sound, whether it can be proved and the relevant policies considerations.
The prosecutor or the District Attorney then files the case against the defendant and represents the voice of the government. In drunk driving case, the arresting officer is the key witness. The D.A is very powerful in drunk driving cases, and take the case from the police to the court representing the government in court.
You have just received a “ten day” letter from the NJ Attorney Ethics Committee. Someone has filed a grievance against you, and you are now a respondent in an Ethics matter. A person identifying herself as an Investigator for the Attorney Ethics Committee has given you ten days in which to reply in writing and to provide certain records and documents. Perhaps the grievant was a client or a former client. Perhaps it was an adversary. Hopefully, it was not a judge. You are instructed to cooperate with the investigation.
At this point, you should review your E & O coverage, specifically the notice requirements and terms of coverage. As required, advise your E & O carrier of the pending investigation. Not only may they provide counsel for you in an appropriate case, but your failure to advise them may result in forfeiture of coverage in a potential malpractice suit down the line. With or without insurance, you don’t have much time to respond Ethics.
Intuition says you should exercise your right to remain silent; practice tells you to try to forestall the investigation. Should you cooperate with your prosecutors? Suppose you believe that your documents may actually result in the filing of criminal charges against you? What if the investigator asks you questions whose truthful answers would be an admission of crime. Can they make you testify? What can they do if you don’t? What about the Fifth Amendment?
There are a few facts you should know. The Office of Attorney Ethics (OAE), under the state Supreme Court, is responsible for attorney discipline in New Jersey. It investigates all grievances against all attorneys. If the OAE decides that your case requires immediate attention, or if you happen also to be a defendant in criminal proceedings, the ethics case may be handled directly by the OAE in Trenton. In such a case, the Investigator who contacted you is probably a paid professional. Sometimes, the case originates “automatically” when an Attorney Trust Account check bounces. Those cases, too, are generally handled out of Trenton. It is not often clear from the first letter or phone call.
Most grievances, however, are investigated by the District Ethics Committees, (DEC), whose investigators are attorney volunteers in districts around the state. Following its investigation, the DEC will determine whether discipline may be required. If so, a formal Complaint will be filed. Other times, the grievance is dismissed. Sometimes, in minor cases, you may be offered diversion, a non-disciplinary, conditional resolution of the case. In all cases, you ultimately have the right to a full evidentiary hearing on the charges.
It is important that you know that the OAE has the power to summarily suspend your license merely for your refusal to respond to respond to the ten-day letter. Usually, you will be given a few extra days to comply, if you need them, but your additional or continued failure to cooperate with the investigation (or even the mere appearance of such) can result in additional measures against you, including, in appropriate cases, summary disbarment. While the Ethics Committee cannot put you in jail, it can do something that the criminal courts cannot: it may penalize you for “pleading the fifth”. Unlike the trier of fact in a criminal case, an Ethics Committee Hearing Panel and the rest of the OAE, and even the Supreme Court, may draw a negative inference from your non-cooperation or your failure to appear or produce evidence or from your refusal to testify.
That is because there is no Constitutional, or even statutory right, to practice law – there only a license, not unlike a driver’s license. Where a trade or profession must be regulated by the state, and the practitioners must be licensed, the state may impose conditions and restrictions on that license. Accused violators do not get a jury, and the standard of proof is “clear and convincing,” not the Constitution’s “no reasonable doubt” standard.
Of course, if your ethics case also involves (or may involve) criminal charges against you or your client or someone in your firm, consult immediately with an attorney who has appropriate expertise. The issues are complex, the stakes are high, and there is no standard approach.
New Jersey Attorney Ethics decisions invariably give credit to attorneys who cooperate fully with investigations against them. They generally discipline attorneys who don’t. While you should always have experienced counsel whenever you are the focus of an ethics grievance, if you wish to continue to practice law, cooperation with Ethics is a no-brainer.