Under New Jersey law, Strict Liability Drug Induced Death is a first degree crime, which ordinarily carries up to 20 years New Jersey State Prison. But a defendant who is extended term eligible would face 20 years to life. Therefore, a sentence of 25 years would not necessarily be illegal.

More information is required to know the totality of circumstances and to identify any defenses available to this person. A charge of DWI can be defensible, but the defenses turn on the facts of the individual cases. If this friend is unhappy with the legal advice provided by his present attorney,... View More

Mistakes can certainly happen. Ordinarily, however, the Superior Court does not schedule the Arraignment until an indictment has been filed. Presumably you were either appointed an attorney through the Office of the Public Defender or you have retained private counsel. Therefore, either of them... View More

New Jersey law recognizes defense of oneself as justification for conduct that would otherwise be considered criminal. One thing that many people seemingly fail to realize, however, is self-defense is not self-executing. This means that a person can be charged, for example, with assault even if he... View More

Although this offense is referred to as "Driving While Intoxicated," the case law on the DWI statute's "operation" element is much broader than the common understanding of the word "driving." This charge is not categorically indefensible, but it is considerable... View More

There are two point systems. One system applies to the Motor Vehicle Commission, and the other applies to Insurance Eligibility. Accumulating points with the Motor Vehicle Commission can result in surcharges and license suspensions. Additionally, the look back period for the MVC is three years. As... View More

This is a good question. One might expect a reasonable trooper to conduct a stop, request credentials, verify the person’s identity, and decide whether to issue any tickets. But police have been known to mail the tickets to the person believed to be driving. So it is possible that tickets will be... View More

Calling an attorney to discuss your concerns is probably a good way to spend some time. It can help address concerns about an experience that is unfamiliar and which will be new. But I would hasten to add before making your choice of attorney, you ought to give this matter careful thought. The... View More

The judiciary takes racism and systemic racism seriously. Based on the description offered here, the officer complimented you, and otherwise acted pleasantly toward you. The issuance of three tickets will probably not persuade the municipal prosecutor of unconstitutional racial discrimination. To... View More

A ticket filed in the municipal court is required before direct and collateral consequences become an issue. If a police officer gives only a warning, then the court, motor vehicle commission, and insurance company should not find out about the encounter.

In addition to the penalties described by my colleague, a conviction for Reckless Driving involves serious collateral consequences. These include 5 insurance eligibility points, a 10-year ban on vanity plates, a lifetime ban on courtesy plates, and a 3-year prohibition against driving for a company... View More

This is an excellent question. And I t seems to me the answer will require calling and meeting various attorneys to find out the answer.

One might ask about each attorney’s experience with expungements because this will presumably weigh in one’s decision to retain the attorney.... View More

This is an important question, and the explanation I would like to offer is somewhat difficult to write here is all the necessary details. I would mention, however, that when anyone is issued a ticket a New Jersey, the Motor Vehicle Commission generates a license number for that person. To resolve... View More

Although it might seem counterintuitive, the best way to find out whether and how a motor vehicle ticket will impact insurance rates is to call the insurance company.

It is advantageous to know the penalties one faces for any offense. A conviction for Failure to Pull Over for Emergency Vehicle carries fines, jail, license points, and insurance eligibility points. If this causes concern, then it seems to be a good idea to fight it in court. Along the way, you... View More

It appears you might be eligible to petition the court for expungement, but more information is required to offer a legal opinion. Speaking to an expungement attorney about this on the telephone should help clarify any possible issues.

The form of this question is difficult to understand. A defendant can get a favorable plea agreement for a variety of reasons. Cooperating with authorities as an informant is only one of many. A defense attorney who can identify a meritorious pretrial motion can also negotiate a favorable plea deal... View More

Generally speaking this will appear in any background check unless the defendant petitions for and is granted an order of expungement. But more information is required to answer this question under these circumstances. Contacting a criminal defense attorney to discuss this in greater detail is a... View More

In New Jersey, yes. It’s in the plea form. A defendant must provide the sample and pay for the testing.

This sounds important. But it is difficult to answer this question online because more information is necessary. If it is as important to you as it sounds, then you will want to contact a private attorney to discuss this in more detail.