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No one wants to hear police sirens and see red flashing lights in their rearview mirror, but this is a reality for many drivers. If you are facing a police officer after being pulled over, do you know what to expect? When the police officer takes your license back to their car, do you know what they are doing?

When the police run your driver’s license in New Jersey, they compare your information to the databases they have access to. At a minimum, the police will be able to see your driving record, and they will likely have access to your criminal history as well. If you have any outstanding warrants, this will alert the police officer to arrest you.

If a police officer has pulled you over and now face criminal charges, call the Atlantic City criminal defense attorneys at the Lombardo Law Group, LLC, to build a strong defense. Call us at (609) 445-4300 for a free case review today.

How Much Information Can an Officer See When They Run My License in New Jersey?

A police officer may have access to more information about you than expected just by using your license. As stated, the police will be able to see your driving history, including any moving violations that you received in the past. They will also be able to confirm the information on your physical license, including your name, license number, address, expiration date, and the physical descriptors on your license. If any of the registered information does not match the license they were handed, the officer will be able to see this.

Importantly, the officer will also have access to your criminal history, including any outstanding criminal warrants that may be issued in your name. If the police find an outstanding warrant for your arrest, they will likely perform the arrest and bring you to the police station for processing. Should this ever happen, it is important to call our New Jersey criminal defense attorneys as soon as possible and to wait to speak until your lawyer is present. Our attorneys can assist regardless of the type of warrant you were arrested for.

What If the Police Find Out Something Bad When They Run My License in New Jersey?

When you are pulled over by a police officer, the traffic stop may become a more serious issue if something problematic is found when they run your license. Officers may discover an outstanding warrant for your arrest or they may see that your license is suspended. Such issues will likely result in more than a simple traffic citation and you should reach out to our Mays Landing criminal defense lawyers as soon as you are able to.

Outstanding Warrant

When a police officer runs your license, the will be able to see if you have any outstanding warrants for your arrest. Commonly, they will see a bench warrants, which are warrants issued by a judge. A bench warrant authorizes a police officer to take a person into custody. Such warrants can be issued for many reasons, including failure to appear for an arraignment or hearing, violation of probation or parole, failure to pay fines agreed to in court, and delinquent child support payments.

If the police officer informs you that they have run your license and found an outstanding warrant, they will proceed to take you into custody. If you are pulled over and are aware of an existing warrant, it may be tempting to try to run, but this is not advised at all. It is important to comply with the police and avoid further charges, such as resisting arrest. At this point, listen to the officer and be compliant. Once you have arrived at the police station, state that you would like to call your attorney and otherwise remain silent; call our New Jersey criminal defense lawyers at the first opportunity so we can represent you, protect your rights, and build a defense against any charges.

Suspended License

Another potential issue that could emerge during a traffic stop is the discovery that your license is suspended or revoked. N.J.S.A. § 39:3-40 lists the penalties for driving while your license is suspended. There is a tiered system depending on whether this is your first offense or not. For a first offense, you will receive a fine of $500 and a revocation of your car registration privilege. For a second offense, the fine will increase to $750, you will be held in country jail for 1-5 days, and your car registration privilege will be revoked if this offense is within 5 years of the first offense. For a third or subsequent offense, the fine increases to $1000, and you will be jailed for 10 days with the same car registration privilege revocation as the second offense.

If you are pulled over and your license is suspended, call our Atlantic County criminal defense lawyers as soon as possible.

What is a Police Officer Allowed to Do During a Traffic Stop in New Jersey?

Once a police officer has approached your car, they will likely request your credentials first –driver’s license, car registration, and proof of car insurance. Sometimes the officer may ask some questions, which you are not required to answer. If you do respond to the officer’s questions, keep it brief and polite.  When you hand your credentials over, the officer will take them and return to their car, or they may have a mobile device that allows them to run your license while standing next to your car.

The process generally known as “running” a driver’s license means that the officer will scan your driver’s license (or manually input the data on your license), and a computer will compare that information to any databases the police department has access to. If nothing is found, you may receive a ticket for the reason the officer pulled you over, or they may let you off with a warning. However, if anything appears in that search, the police officer may take further action, such as arresting you or bringing you to the police station. In such a case, contacting our Linwood, NJ criminal defense attorneys will be crucial to help ensure your rights are protected.

Call Our Criminal Defense Lawyers Today for a Free Case Review

The New Jersey criminal defense attorneys at Lombardo Law Group can help you build an aggressive defense against any accusations that arise following a license check by a police officer. Call us today to discuss your situation at (609) 445-4300.

Many of us have seen characters from our favorite movies and television shows “plead the fifth,” but what does that mean? The Fifth Amendment to the U.S. Constitution establishes the right against self-incrimination. Essentially, someone who pleads the fifth is invoking their right to remain silent so that they may avoid answering questions or providing information that is self-incriminating. In New Jersey, this precedent has been established through common law and has been incorporated into the New Jersey Rules of Evidence.

You can invoke the fifth amendment in a New Jersey criminal case to avoid testifying. Furthermore, your silence or refusal to answer questions during a custodial interrogation cannot be used against you during a criminal trial. Still, the guidance of our attorneys can be very helpful when deciding whether to plead the fifth in your case.

Contact our experienced Atlantic City criminal defense lawyers for help fighting charges and protecting your interests. Speak with our team at Lombardo Law Group, LLC today by calling (609) 445-4300 for a free case review.

The Right Against Self-Incrimination in New Jersey

The right against self-incrimination is set forth by the Fifth Amendment to the U.S. Constitution. Essentially, this amendment affords criminal defendants the right to refrain from testifying against themselves. While in a custodial interrogation or other form of post-arrest interrogation, this privilege entails the so-called “right to remain silent.”

According to the Supreme Court case of Malloy v. Hogan, defendants in both federal and state criminal cases may plead the fifth. Furthermore, the right against self-incrimination has been established through New Jersey common law and has been established under NJ Rules of Evidence 501-503

Fortunately, at trial and during custodial interrogations in criminal cases, your decision to plead the fifth cannot be used to infer that you are guilty. Still, those who do not understand their rights can be taken advantage of. Our attorneys will help you confidently decide when invoking the fifth is the right decision in your case.

Why is the Fifth Amendment Important in New Jersey Criminal Cases?

The right against self-incrimination set forth by the Fifth Amendment is crucially important for our justice system. No one should be forced to confess against themselves. The right against self-incrimination protects the interests of criminal defendants and keeps them from being taken advantage of. Furthermore, it forces governments to actually prove defendants’ guilt as opposed to convicting them on mere suspicion.

Without the right to remain silent, your silence could be used against you. This would give defendants the tough choice between remaining silent and having that used against you, telling the truth and having that used against you, or lying and being convicted of perjury. This right is important because it allows you an option that does not hurt your case.

The right against self-incrimination is now a crucial part of our judicial system. In some cases, it may be necessary to keep the accused out of jail. Thankfully, our Atlantic County criminal defense lawyers can help utilize the right against self-incrimination effectively in your case.

Can Witnesses Plead the Fifth in New Jersey Criminal Cases?

Like defendants, witnesses in criminal cases may also plead the fifth in order to avoid testimony that is self-incriminating. Witnesses that face subpoenas to testify must appear for their testimony. However, they may refuse to answer any questions that they consider to be self-incriminating.

For example, a witness may decline to answer a question that they fear will implicate them in a crime. Furthermore, the criminal activity at issue does not have to pertain to the case in which the witness is testifying.

In certain cases, the prosecution may offer a witnesses immunity as a trade for their potentially incriminating testimony. If a witness is afforded immunity from prosecution, then they cannot face charges related to any incriminating statements they made during their testimony and cannot plead the fifth.

What Happens if a Police Officer in New Jersey Does Not Read Your Miranda Rights Upon Your Arrest?

A relatively common violation of the right against self-incrimination occurs when police officers fail to read defendants’ Miranda rights during custodial interrogations. The reading of these rights may also be referred to as a “Miranda Warning.”

The requirement that police officers read the Miranda rights to those being arrested has been established through the Supreme Court case of Miranda v. Arizona. In Miranda, the defendant confessed to a crime while under police questioning. However, their lawyer argued that their client was not informed that they were not obliged to speak the police or that he could request legal counsel. The Court decided that statements from the defendant’s interrogation could not be utilized unless the prosecution demonstrated the use of procedural safeguards that effectively secure the right against self-incrimination.

Therefore, during a custodial interrogation, a police officer must inform a suspect in custody of their right to remain silent and have an attorney. If the officer does not provide a Miranda Warning, then their conduct will constitute a violation of the defendant’s rights and any evidence obtained by virtue of that violation must be dismissed. If you were not notified of your Miranda rights while under custodial interrogation, then you should contact our Mays Landing criminal defense attorneys as soon as possible.

Criminal Defendants in New Jersey Can Call Our Law Firm for Help

Defendants in criminal cases can seek assistance from our experienced Camden County criminal defense lawyers by calling the Lombardo Law Group, LLC at (609) 445-4300 for a free case assessment.

If the police ask to interview you, you may wonder if you are the subject of a criminal investigation. It is possible that investigators may want you to remain oblivious to their suspicions. Since potential criminal charges are very disruptive to a person’s life, it is fair to seek advance notice of any signs that police are gathering evidence against you.

Unless an officer explicitly announces that you are the focus of a criminal investigation, there is no way to know for certain. Fortunately, there are some signs that you can look out for which may foreshadow an arrest and signify an ongoing criminal investigation.

The Atlantic City criminal defense lawyers at the Lombardo Law Group have experience defending our clients at any stage during a criminal investigation. Call us today at (609) 445-4300 for a free discussion of your situation.

Warning Signs of a Criminal Investigation in New Jersey

Federal investigators must inform targets of their investigations, but this requirement does not bind state and local investigators. As such, it may be part of an investigator’s strategy to keep you in the dark while they collect information about you. There are a few warning signs you can look out for:

The Police Speak to You

Police may unexpectedly come to your home or work and request to speak with you. Alternatively, they may schedule a time for you to come to the police station for an interview. If the officers are asking about you, your whereabouts, or your activities on a specific day, you may have cause to be cautious about what you say. If the police are focused on questions about another person, their investigation might be focused on that other person. Regardless, you should not attend an interview with the police without our Mays Landing criminal defense attorneys present.

The Police Speak to Your Friends or Family

Similarly, if the police speak to people in your life who are close to you, they may be trying to gain information about you. Your family, friends, coworkers, or other people you know may be approached to collect testimony regarding you. If several people in your life let you know that the police approached them and asked about you, you should consider speaking with our New Jersey criminal defense attorneys.

The Police Get a Search Warrant

Another red flag is if police have a warrant to search your home, car, or other property. If the investigators were able to secure a warrant, that means they had enough probable cause to justify the search and they are looking for evidence to support their theory about what they think you did. At this point, you should be certain that you are likely the target of a criminal investigation. You should contact our Linwood, NJ criminal defense lawyers immediately to help protect yourself from illegal search and seizure, illegal arrest, and any potential charges that could be issued.

What Should I Do if I Think I am Under Criminal Investigation in New Jersey?

Once you suspect that you are under criminal investigation, there are some actions you should take to protect yourself.

If the police ask you to voluntarily submit to an interview, you are not required to agree. You can decline the interview and state you will not answer questions without your lawyer present. If you have been arrested and are undergoing a custodial interrogation, you have the right to remain silent and demand a lawyer.

Officers may try to gain your permission to search your property if they have not already. A search requires a warrant or your consent. If the officer requests consent, they likely do not have a warrant. While the police may try to pressure you to consent to a search if you have nothing to hide, you are within your rights to refuse.

If an arrest was made or a search was performed without probable cause, our attorneys can fight to suppress the evidence found as a result of these illegal actions. Call our Egg Harbor Township criminal defense lawyers to evaluate your legal actions and build a defense against any allegation or charges that result from a criminal investigation.

What Not To Do If You Are Under Criminal Investigation in New Jersey

Some actions are not recommended when you are in the midst of a formal criminal investigation. First, do not give up your rights. You have the right to remain silent and demand an attorney. Police may try to befriend or intimidate you, but you should stand by your rights no matter the tactics used. Additionally, do not resist arrest or try to run. Our Camden County criminal defense attorneys can seek a legal solution if you believe you are being wrongfully detained.

If the police have only interviewed you, they may informally ask you to keep in contact with them and not go far. There is no restriction on travel, and you should be allowed to go about your daily activities and your job. However, if you suddenly flee the state or country without a reason, this may be construed as evidence of guilt and negatively affect your case.

If you have been arrested and released on bail, you may be formally required to stay in New Jersey. If you are prohibited from traveling, make sure you abide by those requirements and show up to any court dates. Violating the terms of your bail can lead to a bench warrant for your arrest and potential inferences of guilt. A bench warrant is an order for arrest issued by a judge. If a defendant has left the state and has not shown up for a hearing, the judge may order such a warrant. If you are arrested following this warrant, you may not be offered bail and kept in custody since you have proven to be a flight risk.

Call the Lombardo Law Group Today for a Free Case Review

The anxiety and uncertainty caused by a potential criminal investigation can be alleviated by hiring our Atlantic County criminal defense attorneys at the Lombardo Law Group as soon as you suspect the police are targeting you. Call us at (609) 445-4300 to share your concern and receive a free case review from one of our lawyers.

Being arrested is bad enough without having to worry about work. People facing arrest often have trouble keeping their job, as employers sometimes fire employees after an arrest.

Whether you will be fired after an arrest depends on why you are arrested and your job. In some fields, termination is mandatory, especially if you have a professional license that forbids you from being arrested. Other cases depend on how your employer feels about the arrest. You must also consider whether you are working under the terms of an employment contract. A contract might limit the employer’s ability to fire you. Otherwise, New Jersey is an at-will state, and employers may terminate for almost any reason. Speaking to a criminal defense attorney as soon as possible might help you keep your job, depending on the circumstances.

If you were recently arrested, your job might be in jeopardy. Our Atlantic City criminal defense attorneys can help you defend yourself and hopefully keep your job. For a free assessment of your case, call the Lombardo Law Group, LLC at (609) 445-4300.

Can I Be Fired If I Am Arrested in New Jersey

You might be fired in New Jersey after being arrested, but then again, you might not. The answer to this question depends on why you are arrested, the nature of your job, and the terms of your employment. In many cases, your employer’s discretion plays a significant role. Our New Jersey criminal defense attorneys can help you handle the situation so you can hopefully keep your job.

You Work Under an Employment Contract

If you work under an employment contract, the contract should contain terms and conditions regarding how you can be fired. Sometimes, employment contracts heavily restrict an employer’s ability to terminate an employee, and employees can only be fired under very specific circumstances. For example, the contract might state that employees can only be fired for absenteeism if they fail to show up for work on at least 5 separate occasions.

People who are arrested often cannot show up for work because they are in custody. Under the terms mentioned here, the arrested employee could not be fired for failing to show up unless they had failed to show up for work at least 4 other times. If you work under an employment contract, you should review that contract with our New Jersey criminal defense lawyers.

However, the contract might allow the employer to fire the employee for being arrested. This is sometimes the case if a job deals with important or sensitive work, and an arrest might interfere with that work. For example, someone who works in law enforcement might be fired for being arrested because members of law enforcement are held to higher standards and expected to remain free from arrest.

There is No Employment Contract

New Jersey is an at-will state, meaning employment is at the employer’s will when there is no employment contract. In an at-will state, employers can terminate employees for almost any reason that is not discriminatory or otherwise illegal. This means your employer can choose to fire you if you are arrested.

This kind of situation can be difficult to fight. Even if you are acquitted, or formal charges are never even filed, your boss can still terminate you. Often, employers claim they terminated the arrested employee because they did not show up for work while in custody. Some defendants are in custody for several days, putting their employers in very difficult positions.

Ultimately, your best bet is to speak with our Mays Landing criminal defense lawyers as quickly as possible to resolve your legal issues quickly so you can return to work. Your employer might be lenient, allow you a few days to get a handle on your criminal case, and let you keep your job. The sooner you get a lawyer’s help, the better.

You Have a Professional License

If your job requires a professional license, your license might be in jeopardy after an arrest. If you lose your professional license because of an arrest, your employer might have no choice but to terminate your employment. Our New Jersey criminal defense attorneys can help you fight the charges so you can keep any professional license you might have.

One example is someone who works as a lawyer. Since lawyers work in the legal field, they are expected to abide by the law in order to keep their professional licenses. If they are arrested, their license might be suspended or revoked, and they can no longer practice law, which means they might be fired.

How to Keep Your Job After Being Arrested in New Jersey

There is no surefire way to keep your job after being arrested in New Jersey. Whether you work under an employment contract or at the will of your employer, you might be fired if you are arrested. One of the best ways to hopefully avoid losing your job is to get released from police custody as quickly as possible so you can return to your job. While you focus on your job, our Linwood, NJ criminal defense lawyers can focus on fighting your criminal charges.

In some cases, people are arrested when they are not at work and can be released before they have to report to work the next day. While your arrest might not cause you to be absent, you might still have to explain to your boss that you were arrested and might need time off in the future to appear for court hearings and other matters in your case.

In some cases, employers are understanding and will not terminate you as long as you can continue reporting for duty and doing your job. Our legal team can help you deal with the charges so you can focus on maintaining your job.

Call Our New Jersey Criminal Defense Attorneys to Schedule a Free Case Review

If you were arrested and fear your job might be at risk, call our Camden County criminal defense lawyers for help immediately. For a free case review, call the Lombardo Law Group, LLC at (609) 445-4300.

If the police have a warrant out for your arrest, they can execute that warrant almost anywhere, including at your job. Being arrested at work can be humiliating, and our legal team can help you take action to defend yourself.

Generally, the police must have a warrant based on sufficient probable cause to arrest anyone, barring exceptional circumstances. Once the authorities have the warrant, they can arrest a suspect wherever they find them, including at their job. If you work in a private building or office, the police might need permission to enter before arresting you. The police might have numerous reasons for arresting someone at work. Perhaps they do not have your home address or fear you might try to flee if arrested at home. You should call a lawyer immediately if you are arrested at your job.

Being arrested is bad enough, but being arrested at work might be extremely embarrassing or even cost you your job. Our New Jersey criminal defense lawyers are here to help you fight the charges and clear your name. For a free case review, call the Lombardo Law Group, LLC at (609) 445-4300.

Being Arrested by the Police at Your Job in New Jersey

The police are typically allowed to arrest a person almost anywhere. If you believe there is a warrant out for your arrest, you could be confronted by law enforcement, at home, on the street, or at your job. Where the police decide to execute the warrant depends on the unique circumstances of your case and the discretion of the arresting officers. If you think you might be arrested soon, contact our Camden County criminal defense lawyers for help immediately.

Before the police can arrest you, they probably need a warrant. Warrants are practically the gold standard in policing, and your attorney can challenge a warrantless arrest. Certain circumstances allow the police to arrest someone without a warrant, but these exceptions are not typical.

The police need sufficient probable cause to believe that a crime has occurred and that the suspect committed the crime to get an arrest warrant. This is not an easy bar to meet, and arrest warrants based on insufficient probable cause can be invalidated, and evidence seized as part of the invalid arrest can be suppressed.

The police would not need a warrant if they witnessed the crime happen. If the police see a crime in progress, they can make an arrest right then and there, as getting a warrant would take too much time. If the police happened to be at your place of work and claim to see you commit a crime, they might arrest you without a warrant. Warrantless arrests should always be treated as highly suspect, and our legal team can challenge the arrest in court.

Do the Police Need Permission to Enter My Workplace in New Jersey?

While the police can arrest you almost anywhere, they do not necessarily have the right to barge into your place of work, especially if you work in a private office or workplace that is not open to the public. If the police need permission to enter, they might get it without your knowledge from your employer or supervisor.

If you work in a private office building, the police might reach out to whoever is in charge, explain the situation, and get permission to enter the premises and arrest you. This is especially problematic because your employer might assume the worst and begin taking steps to terminate your employment before you are even arrested. Our Egg Harbor Township criminal defense lawyers can help you fight the charges and hopefully clear things up with your employer if necessary.

If you work in a place that is open to the public, like a retail store that allows people to enter as they please, the police do not need permission to enter before they arrest you. This means they can walk in without giving anyone any warning and take you into custody. For example, if you work in a grocery store where customers can enter and exit freely without permission, the police can walk in, locate you, and arrest you in front of customers and coworkers.

Why Would the Police Arrest Me at Work in New Jersey?

When people picture an arrest, they probably imagine someone being arrested at home or on the street. People are often surprised when the police show up at their place of work. While being arrested at work can be a chaotic experience, the police might have a reason. Our Linwood, NJ criminal defense lawyers can help you avoid an arrest at work and, if possible, work with law enforcement to avoid an embarrassing public display.

In some cases, the police execute an arrest warrant at a suspect’s job because their place of work is the only place they know to find them. Not everyone has stable living arrangements and might bounce from place to place. For some, their job is their only real constant. In such cases, the police might arrest someone at work because they know they will find them there.

In other cases, the police decide to arrest someone at their job because their place of employment might be connected with the alleged criminal offense. For example, if someone is suspected of stealing money from their job, the police are more likely to arrest that person while they are at work.

What to Do if You Are Arrested at Your Job in New Jersey

If you were arrested at your job, the very first thing you should do is contact a lawyer. Our Mays Landing criminal defense lawyers can help you communicate with law enforcement officials, determine the nature of your charges, and begin mounting a defense.

When you are arrested, it can be very tempting to try and explain yourself to the police or even your employer. This is not a good idea. As they say in the movies, anything you say can and will be used against you. Do not answer any questions from law enforcement beyond basic questions about your identity.

Do not resist. Being arrested at work can be upsetting, especially if you suspect you might lose your job. Even so, do not resist the police. Cooperating with law enforcement should help the process go faster, and you can focus on getting released sooner.

Call Our New Jersey Criminal Defense Lawyers for Help

Being arrested at your job is far from ideal. Your job and freedom might both be at stake. Our Atlantic County criminal defense lawyers can assist you in fighting the charges and clearing your good name. For a free case review, call the Lombardo Law Group, LLC at (609) 445-4300.

Being arrested is already frightening, but seeing your child be arrested can be unbearably terrifying. The justice system is notoriously complicated, and the juvenile justice system is no exception.

After being arrested, your child might face criminal charges in the form of a complaint. At this point, the case might go to family court, where a judge will decide whether your child should be prosecuted as a juvenile, diverted to the adult system, or if some other course of action is more appropriate. After your child is arrested, you can contact the police station and ask about the status of your child. You should also contact an attorney immediately. In many cases, children are permitted to come home after being arrested, but in other cases, they might be held in custody or in a detention center.

If your child was taken into custody by law enforcement, you can contact our Atlantic City criminal defense attorneys for help right away. Call the Lombardo Law Group, LLC at (609) 445-4300 for a case assessment free of charge.

What Happens if My Child is Arrested in New Jersey?

There are several reasons why a juvenile might be arrested in New Jersey. According to N.J.S.A. § 2A:4A-31(a), a juvenile may be arrested by police officers if there is a court order or warrant ordering the arrest. A juvenile can also be arrested if the officer believes the juvenile has committed an act of delinquency.

It should also be noted that in the juvenile justice system, an arrest is referred to as being “taken into custody.” The distinction in terminology serves to separate the juvenile justice system from the adult system, although the overall process of being taken into custody is somewhat similar to an arrest.

According to N.J.S.A. § 2A:4A-23, an act of delinquency may include the following:

  • A crime
  • A disorderly person offense or a petty disorderly person offense
  • A violation of a penal statute, ordinance, or regulation

Being taken into custody is not always a bad thing. The police might take juveniles into custody because they believe the juvenile is in danger or needs help. For example, the police can take suspected runaways into custody to be returned to their parents or guardians. Even so, it is a good idea to speak with our Camden County criminal defense lawyers about your situation as soon as possible.

Will a Juvenile Be Detained After They Are Arrested in New Jersey?

If you know your child was recently arrested, you can call the local police department and ask about your child. In some cases, it might be hard to determine exactly which police department took your child into custody, so you might have to call several stations before getting an answer. In other cases, the police might contact you first to notify you that your child is in custody.

Once you know your child’s location, contact an attorney for help immediately. If your child is facing a complaint (similar to criminal charges in the adult justice system), our Linwood, NJ criminal defense attorneys can begin mounting a defense to protect your child.

If your child is charged with an act of delinquency, they might be placed in a juvenile detention center. An attorney can help you argue for their release instead. According to N.J.S.A. § 2A:4A:34(c), a juvenile charged with delinquency may be retained in detention under the following circumstances:

Secure Presence at Court Date

Detention is necessary to secure the juvenile’s presence at the next court date as the juvenile has a history of failing to appear at hearings or remaining where placed by the court.

Safety Risk

The juvenile poses a risk or threat to the safety of people or property in the community, and detention is necessary to protect the safety of others. Under this rule, the juvenile must also be charged with an offense that would be a first-, second-, or third-degree indictable crime if committed by an adult or certain fourth-degree crimes.

Cannot Locate Parents/Guardians

If the juvenile is charged with a lesser offense than those mentioned above, they may be placed in a shelter or other non-secure facility rather than a correctional or detention facility. However, this is only permitted if the parents or guardians of the juvenile cannot be located or will not accept custody of the juvenile.

Can My Child Come Home After Being Arrested in New Jersey?

While detention is certainly a possibility in many cases, it is often not the first choice by law enforcement or courts. In fact, the juvenile justice system has a greater emphasis on rehabilitation and less so on punishment. As such, the system allows juveniles taken into custody to return home, and detention is utilized only where necessary.

According to N.J.S.A. § § 2A:4A-34(a)-(b), juveniles charged with an act of delinquency must be released pending the disposition of their case to any person or agency that can ensure their appearance at their next court hearing. In many cases, juveniles are released to their parents or guardians and can go home. On top of that, the law states that juveniles cannot be placed in detention unless a judge or court intake service allows it.

In some cases, the police take juveniles into custody with the intention of returning them to their parents. This is more common in cases where juveniles allegedly commit minor acts of delinquency. It is also common in cases where juveniles are not necessarily in trouble for doing something wrong but might be in an unsafe area or situation, and the police feel the need to remove them for their own safety. If you are unsure whether your child can come home after being taken into custody, contact our Haddonfield personal injury lawyers for help.

Call Our New Jersey Juvenile Criminal Defense Lawyers for Help Now

If your child was recently taken into custody and is facing delinquency hearings, our Mays Landing criminal defense lawyers can help you protect them and their rights. For a free case review, call the Lombardo Law Group, LLC at (609) 445-4300.

Breathalyzers are a common method of testing someone for alcohol in their system. Often, drivers suspected of driving while intoxicated (DWI) submit to breath tests to determine if they should be criminally charged.

Breathalyzers are not always accurate, and certain medications may affect the results of the test, leading to unjust criminal charges. A whole host of medications can affect breathalyzers, including asthma medicines, cough syrup, oral gels, and even mouthwash. If you believe the results of a breathalyzer were skewed because of some medication you had recently taken, an attorney can help you challenge your DWI charges. The trick is proving that the results might have been affected by your medicine. Evidence like prescriptions from a doctor or even receipts for over-the-counter medicine may be helpful to your case.

If you were recently charged with a DWI and take certain medications or use certain oral hygiene products, your BAC results might be inaccurate. Our Atlantic City DWI defense lawyers can help you challenge the DWI. For a free case assessment, call the Lombardo Law Group, LLC at (609) 445-4300.

Medications That Can Affect the Results of a Breathalyzer Test in New Jersey

Numerous medications, hygiene products, and oral medicines can affect a breathalyzer and lead to inaccurate results. Unfortunately, those results are often used to justify DWI charges. It is possible that a driver who recently took medication might have an inflated BAC after taking a breath test. When discussing your DWI charges with our Camden County DWI defense lawyers, you should also disclose any medications you take that might affect your BAC.

Asthma medicine has been known to affect breathalyzers. The medication in inhalers used to treat asthma contains methyl compounds that may linger in the lungs and mouth. These methyl compounds might skew BAC results from a breath test upward. Various brands of inhalers may affect breath tests. If you have asthma and used your inhaler shortly before taking a breath test, this might explain why your BAC was over the legal limit.

Various over-the-counter medicines and hygiene products can also affect breathalyzers and skew the results of breath tests. For example, cod medicine most people have in their medicine cabinets can affect BAC results. Medicine like Vicks products, NyQuil, and cough syrups can lead to false BAC results. The same goes for generic versions of these medicines.

Even basic oral hygiene products that most people use daily can affect a breathalyzer. Many brands of mouthwash contain alcohol that may affect a breath test. If you rinse your mouth with mouthwash shortly before being stopped by the police, there might still be traces of alcohol from the mouthwash in your mouth when you take a breath test.

What to Do if Your Medication Affected Your Breathalyzer in New Jersey

After you are arrested for a DWI, you should first focus on hiring an attorney. You will likely be taken into custody by the police and made to submit to mandatory chemical testing. This is usually a breathalyzer that measures alcohol on the breath. The police might also try to ask you questions about the incident and whether you have had any alcohol. During custodial interrogations, you have the right to remain silent, and you should exercise this right immediately.

You also have the right to have a lawyer present, and you should demand to call your attorney. Once your attorney has met with you, you should discuss what happened during your stop. If you had nothing to drink or drank very little alcohol before being stopped, this should be a big red flag signaling something is wrong.

Next, discuss anything and everything you consumed on the day of your arrest. This includes medication and hygiene products. Our Egg Harbor Township DWI defense lawyers can help you identify possible medicines or products that might have tampered with your BAC results. Medicine taken very shortly before being stopped may be more likely to inflate your BAC. For example, if you rinsed with mouthwash right before driving to work in the morning, the mouthwash might affect a breathalyzer if the police stop you.

Proving Your Medication Affected Your Breathalyzer in New Jersey

You might be very confused about how you can be charged with a DWI when you do not believe your BAC was nearly high enough and that you were in complete control while driving. If you take any of the above medications or other products that contain some form of alcohol, that might be the explanation you are looking for. Our Gloucester County DWI attorneys can help you defend yourself against the charges by helping you prove that your medicine affected your breathalyzer results.

First, we need to consider what evidence we can collect to prove your claims that medication caused a false BAC result. If you were prescribed the medication that affected your breathalyzer, we need to see the prescription to present it in court. In addition, we need something to prove that you took the medicine that day. If you take your medicine according to a specific daily schedule, knowing that schedule can help us prove that you took the medicine shortly before being stopped by the police.

If the medicine or product you took was not from a prescription but rather an over-the-counter product, we need to find a receipt from when you purchased it, if possible. Perhaps you still have the remainder of the medicine still at home. Some common hygiene products, like mouthwash, are so ubiquitous that we do not need to bend over backward to prove your claims. Testifying that you recently rinsed your mouth with mouthwash may be enough to raise reasonable doubts. Even so, the more evidence we have, the better.

Contact Our New Jersey DWI Defense Attorneys for Help Now

Certain medications you take might explain the situation if you are charged with a DWI but do not believe your BAC results were correct. Our Hammonton, NJ DWI defense lawyers can help you prove your BAC results were incorrect. Call the Lombardo Law Group, LLC at (609) 445-4300 for a free case evaluation.

Being charged with a crime is a scary experience, and navigating the justice system can be very difficult. The situation becomes even more challenging when you are charged in a state where you do not live.

If you are charged with a crime in New Jersey but live in a different state, you should contact a New Jersey attorney for help. Many laws and criminal proceedings differ across states, and you need someone with experience with New Jersey’s criminal justice system. In some cases, you might be allowed to return to your home state while your case is pending, but this is not guaranteed. If you are permitted to return home, you may need to return to New Jersey for various court hearings, and missing these hearings might lead to more legal trouble. If you are convicted in New Jersey, you may have to serve your sentence in New Jersey, depending on how you are sentenced.

Our New Jersey criminal defense attorneys can help you handle your charges whether you return to your home state or stay here. For a free case review, call the Lombardo Law Group, LLC at (609) 445-4300.

What to Do if You Are Charged with a Crime in New Jersey But Are from Out of State?

Being charged with a crime is often very confusing, and the criminal justice system is often very complex and difficult to navigate. This is especially true for defendants charged in New Jersey living in other states. You might be unsure of whether you can leave and, if not, where you can go. Our New Jersey criminal defense lawyers can help you determine your next steps after arrest.

The first thing you should do after being arrested in New Jersey, even if you have not been formally charged, is contacting a New Jersey attorney. Although the criminal justice system can feel slow, lumbering, and complicated, it moves faster than people realize. After your arrest, you may be taken before a judge very quickly to determine things like bail and advise you of your rights.

Bail is one of the most significant parts of the criminal justice process and is especially important to defendants who do not want to sit in jail until their trial. Bail is granted to most but not all defendants. Bail is often granted unless the court believes the defendant is a flight risk or poses a serious threat to the safety of the community if released. Also, certain offenses are categorically barred from being bailed. Our Atlantic City criminal defense lawyers can help you argue for the least restrictive bail possible so you do not end up waiting in jail far from home while you wait for your trial.

Once out on bail, you should probably plan to remain in the state for a bit until we can figure out our next steps. Depending on the terms of your bail, you might be allowed to return home as long as you promise to return for important hearings.

Can I Go Home if I am Charged with a Crime in New Jersey But Live in Another State?

As mentioned above, it might be possible for you to return home after being charged with a crime in New Jersey. Courts are sometimes hesitant to let defendants leave the state, especially if the court doubts the defendant will return of their own free will. However, our Cherry Hill criminal defense lawyers can help assure the court that you will return and should be allowed to return home.

Depending on the terms and conditions of your bail, you might be allowed to leave the state and return home. If your charges are less serious, perhaps for disorderly persons offenses, you will more likely be allowed to return home. If you are charged with more serious indictable crimes, the court might be reluctant to let you leave without some incentive to ensure your return. For example, the court might make cash bail part of the conditions of your pretrial release.

Whether you return home might also come down to the court’s schedule. In very busy jurisdictions, courts might have to schedule trials and other hearings farther out, and defendants must wait a while before returning to court. In such cases, we might be able to convince a judge that you should be allowed to leave the state while we wait for the next hearing. If the court is not busy and your case can be heard sooner, there might not be a need to leave as you would end up returning very soon.

Going to Court if You Are Charged in New Jersey but Live Out of State

Another hurdle to overcome is getting to court after you return to your home state. While some hearings may be conducted in your absence, many other hearings require that you be there. This is often difficult for defendants who live not only out of state but also in a very far away state. It can be very expensive, perhaps even impossible, to book a flight or make a long drive every time you have to return to court.

We will conduct as many hearings as possible in your absence, depending on the situation. However, you might be required to return for each hearing. Small hearings for relatively minor offenses might be conducted without you, but trials typically must be conducted with the defendant present.

What Happens if I Live Out of State But am Convicted in New Jersey?

If you are convicted of a crime in New Jersey but live out of state, you will likely end up serving your sentence within New Jersey. However, exceptions might be made depending on the sentence. Generally, defendants facing jail time serve their sentences in New Jersey prisons or jails. However, not all defendants face incarceration.

You can probably return home shortly if you are sentenced to something more lenient, like probation. According to the Interstate Compact for Adult Offender Supervision, probation and parole can be transferred between states. This means that you might be sentenced to probation in New Jersey, but you can serve that sentence in your home state. Our Gloucester County criminal defense attorneys can help you try to get your sentence transferred home where you can be close to your family.

Call Our New Jersey Criminal Defense Lawyers for Help

If you were arrested for a crime in New Jersey but live out of state, our Haddonfield criminal defense attorneys can help you fight the charges and hopefully get you home soon. For a free case review, call the Lombardo Law Group, LLC at (609) 445-4300.

A mistrial can be an opportunity for New Jersey criminal defendants to move on with their lives. For that to happen, you must first learn about the grounds for a mistrial in New Jersey.

There are specific grounds for a mistrial in New Jersey. Generally speaking, misconduct, evidentiary issues, and a hung jury are all grounds for a mistrial. Other fundamental errors that interfere with a defendant’s ability to receive a fair trial can also result in a mistrial. If a mistrial is granted, the prosecution might choose not to retry the case. Should that happen, the charges against you may be dropped. That is why hiring an experienced attorney is important if you are facing a criminal trial in New Jersey. A skilled attorney can recognize grounds for a mistrial and file a motion, potentially getting you closer to clearing your name.

We’re here to help New Jersey residents facing criminal charges. For a free case evaluation with the New Jersey criminal defense attorneys at the Lombardo Law Group, LLC, call today at (609) 445-4300.

What Are the Grounds for a Mistrial in New Jersey?

If a New Jersey judge declares a mistrial in your criminal trial, it might signify the end of your legal troubles. That is why having an experienced New Jersey criminal defense attorney is crucial. A skilled lawyer will be familiar with the grounds for a mistrial in New Jersey and be able to capitalize on that opportunity. Generally, misconduct on behalf of the prosecution, issues with introduced evidence, and certain juror problems are also considered grounds for a mistrial in New Jersey.

Misconduct

Throughout a criminal trial, the prosecution and defense are expected to act with a certain decorum. In addition to respecting the court and other attorneys, lawyers must be honest and transparent. If the prosecution demonstrates misconduct or fails to inform the court of certain mistakes at any time, there may be grounds for a mistrial. Failing to turn over exculpatory evidence, which is any discovered evidence that cuts against guilt, and knowingly presenting false testimony are some examples of misconduct that can lead to a mistrial. Any action by the prosecution that undermines a trial may be grounds for your Atlantic City criminal defense attorney to file a motion for a mistrial. Any misconduct on behalf of a jury can also be grounds for a mistrial in New Jersey.

Evidentiary Issues

For evidence to be introduced into a criminal trial and presented to a jury, it must meet very high standards. If certain evidence is correctly suppressed but is somehow seen by a jury, or if certain evidence was allowed but subsequently found out to be illegally acquired, there may be grounds for a mistrial. In order to catch evidentiary issues that can lead to a mistrial, it’s important that you have a skilled Mays Landing criminal defense attorney by your side. Lesser-experienced lawyers may not be able to identify these issues quickly. If the jury sees evidence that should be suppressed and a mistrial is not declared, it can greatly impact your New Jersey criminal trial.

Hung Jury

If jurors cannot decide on a unanimous verdict, a New Jersey judge may declare a mistrial. In New Jersey criminal trials, all jurors must agree on a verdict. Disagreement can result in a hung jury, meaning there is no resolution to your case. Generally, jurors will notify a judge of their inability to agree. Again, if all jurors are steadfast in their interpretation of the facts and cannot agree on a verdict, there may be grounds for a mistrial.

Other Reasons

Any fundamental errors throughout the trial process, regardless of who commits them, can be grounds for a mistrial in New Jersey. The death of a trial participant, whether a prosecutor, judge, or jury, can also lead to a mistrial. Essentially, anything that jeopardizes your ability to receive a fair trial can be grounds for a mistrial in New Jersey.

Does a Mistrial End Your Case or Go to Retrial in New Jersey?

If there are grounds for a mistrial in your New Jersey criminal trial, it’s important to have an experienced New Jersey criminal defense lawyer by your side. That way, your attorney can capitalize on the opportunity before you and file a motion for a mistrial. If the motion is granted, your troubles might be over.

Once there is reason to motion for a mistrial, whether it be misconduct or juror issues, your attorney can do so. It’s important to recognize these moments as soon as when they happen. If a judge agrees that certain events have jeopardized your ability to receive a fair trial, they may grant a mistrial.

When this happens, regardless of what point it is in a trial, you are not immediately off the hook, so to speak. Being granted a mistrial does not mean the prosecution cannot refile the charges against you. Since there was no resolution to your trial, double jeopardy does not apply, and you can be retried for the same charges.

That said, there is no guarantee that the prosecution will retry the case. Generally, whether or not you receive a second trial will depend on the reason for a mistrial. If you were granted a mistrial because of misconduct or evidentiary issues, the prosecution might be unable to proceed with another trial. The prosecution might retry the case using a different angle if the mistrial was due to a hung jury or juror misconduct.

Regardless, a mistrial often benefits New Jersey criminal defendants. Either the prosecution chooses to drop the charges against you, or you are retired, giving your Linwood criminal defense attorney yet another opportunity to prove your innocence and clear your name.

Call Our New Jersey Criminal Defense Attorneys Today

If you’re facing criminal charges in New Jersey, our attorneys can help. For a free case evaluation with the Camden County criminal defense attorneys at the Lombardo Law Group, LLC, call today at (609) 445-4300.

Depending on the circumstances of an arrest, New Jersey residents can face different charges for using or owning a fake ID. Understanding these charges and the potential penalties is important if you’ve been arrested for using a fake ID in New Jersey.

Using or possessing a fake ID in New Jersey can result in life-changing charges and penalties. Using a fake ID can lead to a criminal charge for displaying a false document or identity theft. Simply owning a fake ID can lead to a criminal charge for possessing a false document. Individuals under 21 who use a fake ID to purchase alcohol or tobacco are exempt from these charges and can be arrested for a disorderly persons offense instead. That said, any charges related to using or possessing a fake ID can result in prison time and expensive fines in New Jersey.

If you’ve recently been arrested for using a fake ID, we can help. For a free case evaluation with the Atlantic City criminal defense attorneys at the Lombardo Law Group, LLC, call today at (609) 445-4300.

What Are the Charges and Penalties for Using a Fake ID in New Jersey

In New Jersey, people arrested for having or using a fake ID can be charged with displaying a false document, possessing a false document, identity theft, or a disorderly persons offense. Understanding these charges can be challenging, so it’s important to enlist help from a Linwood criminal defense attorney after being arrested for having a fake ID.

Displaying a False Document

Suppose you’re arrested for having a fake ID and using it to attempt to make certain purchases or engage in certain activities. In that case, you can be arrested for displaying a false document. According to N.J.S.A. § 2C:21-2.1(c), those that exhibit or display a document purporting to be their driver’s license, birth certificate, or other government identification document can be charged with a third-degree crime. A conviction for displaying a false document can come with serious penalties, like five years in prison and fines up to $15,000.

In New Jersey, you may be able to get a conviction for displaying a false document expunged from your criminal record. Because this is a felony offense, it may be years before you can begin the expungement process. Expensive fines and a lengthy prison sentence can derail your life, impacting your ability to find safe housing or employment. To prevent that from happening, consult a Mays Landing criminal defense attorney after getting arrested for using a fake ID.

Possessing a False Document

If New Jersey police officers find a fake ID in your possession, you could be arrested for possessing a false document. According to N.J.S.A. § 2C:21-2.1(d), a person who knowingly possesses a fake driver’s license, birth certificate, or other government-issued identification documents like a passport, can be charged with a fourth-degree crime. Being charged with possessing a false document for ownership of a fake ID can have serious consequences. Not only do criminal defendants face 18 months in prison, but expensive fines can add up to $10,000.

Identity Theft

Depending on the circumstances of your arrest, you could face criminal charges for identity theft for owning and using a fake ID in New Jersey. According to N.J.S.A. § 2C:21-17, impersonating a person or assuming a false identity with the intent to injure or defraud another person can result in a charge for identity theft. Impersonating another person or assuming a fake identity to avoid payment for prior services or to fraudulently obtain services can also result in an identity theft charge.

Whether a person is charged with identity theft in the fourth, third, or second degree will depend on how they used a fake ID to benefit themselves. A conviction for identity theft in New Jersey can result in a prison sentence of 18 months to ten years and fines of up to $500 to $150,000, depending on the degree of the charge.

Disorderly Persons Offense

In New Jersey, juveniles arrested on charges relating to fake IDs face significantly lesser penalties. Fake IDs are commonly used by minors to purchase alcohol or tobacco. In New Jersey, the legal age to purchase such substances is 21. If a person under the age of 21 uses or owns a fake ID to purchase substances like alcohol or tobacco and is arrested, they may face a disorderly persons charge in New Jersey. The maximum prison sentence for such an offense is six months, and the maximum fine is $1,000. There is also a mandatory suspension of a defendant’s driver’s license. If a defendant does not have a driver’s license at the time of conviction, the suspension will go into effect once they do get their license.

What to Do After Getting Arrested for Using a Fake ID in New Jersey

If you were recently arrested for using or possessing a fake ID in New Jersey, call a lawyer immediately. An experienced Camden County criminal defense attorney can work to get the charges against you reduced or thrown out altogether, depending on the circumstances of your case.

Penalties for using a fake ID in New Jersey can be serious. Depending on the circumstances of your arrest, a skilled lawyer may be able to get the charges against you reduced or dismissed.

Lesser charges mean fewer consequences, allowing many New Jersey defendants to move on with their lives sooner than anticipated. If you were arrested for possessing a fake ID after New Jersey police officers performed an improper search, your attorney might be able to get the charges against you dropped.

Call Our New Jersey Attorneys if You’ve Been Arrested for Using a Fake ID

If you were recently arrested on charges related to using or possessing a fake ID, our lawyers can help. For a free case evaluation with the Egg Harbor Township criminal defense attorneys at the Lombardo Law Group, LLC, call today at (609) 445-4300.

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Haddonfield New Jersey 08033
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