Category: Uncategorized

New Expungment Rules

Expungement for Drug Court Graduates The most dramatic and telegraphed change allows successful graduates of drug court or court-ordered rehabilitation to automatically expunge their entire record of arrests or convictions. The Court shall grant relief unless it determines that the need for records outweighs the desirability of granting the expungement or the individual had been […]

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Wiretaps

Wiretap refers to the act of tapping telephone or other means of communication to gather information. The government can wiretap your communication devices to gather information. Wiretapping laws vary by jurisdiction. The number of federal and state wiretaps increased by 17% in 2015 in comparison to the prior year. More than 2/3s of the wiretaps […]

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Domestic Violence Procedures

Often individuals assert that the police acted inappropriately during a domestic violence matter.  For instance, a common concern is that the police did not act impartially because they seemed inclined to support the women complaining of domestic violence.  New Jersey has created comprehensive procedures for court administration as well as police officers to limit their […]

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Understanding Probable Cause and Reasonable Suspicion

The police must establish the existence of reasonable suspicion and probable cause to stop you and arrest you if they suspect you are driving under the influence. A police officer cannot arbitrarily stop your car (with certain exceptions, like temporary and random sobriety checkpoints).  To pull you over, a police officer must have “reasonable suspicion” that […]

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Understanding Prison / Jail Terms in NJ

New Jersey law does not classify crimes as felonies and misdemeanors.  For instance, another state may label a certain crime as a felony however New Jersey will label this offense as a crime as opposed to a felony.  A crime will be classified as either an indictable offense, a disorderly persons offenses, or a petty disorderly […]

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Understanding bail

Bail is the amount of money that a defendant must provide to the court to be released from custody.  It is not a fine or penalty. The purpose of bail is to ensure that the defendant will appear for court. Factors utilized by the court to set bail: the safety of the community the dangerous […]

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