I represented a client recently who was charged with 2nd degree eluding arising out of Parsippany, New Jersey. This second degree indictable (felony) level charge must be handled at the Morris County Superior Court in Morristown, New Jersey. My client was facing five (5) to ten (10) years in New Jersey State Prison with a presumption of incarceration. This means that, even with no prior criminal record, it is presumed that you will receive a state prison sentence if you are convicted of a second degree offense. Moreover, he was facing a permanent indictable (felony) charge on his record. Finally, because he is a permanent resident (green card holder), he would be deported if he was convicted of any indictable (felony) level offense.
Continue Reading Second Degree Eluding Charges in Parsippany Result in PTI Admission
Criminal Process
Expungement of Disorderly Persons Offenses
The expungement of a disorderly persons offense in New Jersey is governed by N.J.S. 2C:52-3 which requires a five (5) year waiting period before you are eligible for an expungement of the criminal record.
Continue Reading Expungement of Disorderly Persons Offenses
Expungement of Municipal Ordinances: N.J.S. 2C:52-4
A local ordinance is not a crime but it does result in a record which is subject to expungement after two (2) years in New Jersey. The statute which governs is N.J.S. 2C:52-4.
Continue Reading Expungement of Municipal Ordinances: N.J.S. 2C:52-4
Expungement of Arrest Records: N.J.S. 2C:52-6
If you have been charged with a crime in New Jersey, there is an arrest record associated with same. You were arrested, fingerprinted, processed, and a photo was taken. If your charges were eventually dismissed altogether or you were found not guilty by a judge or jury, you are eligible to file for an expungement of those arrest records immediately.
Continue Reading Expungement of Arrest Records: N.J.S. 2C:52-6
Expungement of Indictable Convictions: N.J.S. 2C:52-2
Our attorneys can expungement certain indictable convictions off your record after five (5) years according to N.J.S. 2C:52-2.
Continue Reading Expungement of Indictable Convictions: N.J.S. 2C:52-2
Morris County Superior Court: Early Disposition Conference (EDC)
Morris County Superior Court conducts pre-indictment conferences in criminal cases known as an Early Disposition Conference (EDC) before the case is presented to the grand jury for an indictment.
Continue Reading Morris County Superior Court: Early Disposition Conference (EDC)
Bail Options in New Jersey Criminal Cases
There are several types of bail in New Jersey including cash bail, property bond, bail bond, and release on your own recognizance (ROR) depending on the type of charges, the grading of the charge, and the defendant’s prior criminal history (if any).
Continue Reading Bail Options in New Jersey Criminal Cases
The Intensive Supervision Program (ISP)
The New Jersey Intensive Supervision Program (ISP) provides certain offenders who are sentenced to state prison an opportunity to work their way back into the community under intensive supervision before they are eligible for parole.
Continue Reading The Intensive Supervision Program (ISP)
Probation Violations
I represented a client this morning charged with a probation violation at the Middlesex County Superior Court in New Brunswick, New Jersey. The basis for this probation violation was a new charge in Monmouth County, failure to report on a half-dozen occasions when required by his probation officer, failure to pay fines, and failure to provide proof of employment. I was able to carry the probation violation for several months to allow my client to comply with his probation officer while I resolve the pending charge in Monmouth County.
Continue Reading Probation Violations
Providing Alcohol to Minors: N.J.S. 2C:33-17
I often represent clients charged with underage drinking, underage DWI, and providing alcohol to minors throughout Morris County including in Boonton, Rockaway, Denville, and Dover. A providing alcohol to minors criminal charge is governed by N.J.S. 2C:33-17.
Continue Reading Providing Alcohol to Minors: N.J.S. 2C:33-17