The authorities are less than sympathetic to DUI defendants, and plea bargains for these cases were prohibited in the past. However, the laws have changed, and prosecutors may now offer plea deals to DUI defendants. While plea bargains are not guaranteed, they may help drivers avoid the harshest penalties without the need for a trial.
A plea bargain might allow you to plead guilty to reduced charges and more lenient penalties, but certain cases might come with special requirements. If a DUI is related to drugs or commercial vehicles, the defendant must serve a 6-month license suspension, no matter what the other terms of the plea bargain might be. Again, prosecutors do not have to offer plea bargains, but they are more likely to if your alleged DUI incident is less severe and your first offense.
Get a free car evaluation from our Atlantic City, NJ DUI defense lawyers by calling the Lombardo Law Group at (856) 281-9600.
Can I Get a Plea Bargain for a DUI or DWI?
In the past, plea bargains were not permitted for drunk driving cases. Additionally, New Jersey does not have diversion programs for DUI cases. As a result, drivers facing DUIs or DWIs had two options. They could fight their charges in court or accept responsibility and face the penalties.
In 2024, the laws changed, and New Jersey now allows drivers charged with DUIs or DWIs to work out plea agreements with prosecutors. While plea bargains are never guaranteed, many drivers may now avoid a frustrating and expensive trial while also avoiding potentially harsh penalties for a DUI.
Every plea bargain is unique, and the deal you work out with prosecutors will likely be based on the facts of the DUI incident, your driving history, and your blood alcohol concentration (BAC). In cases of severe charges (e.g., extreme intoxication, accidents, injuries), prosecutors might be less willing to offer a plea bargain.
Special Requirements for Plea Bargains for Drug-Related DUIs in New Jersey
While plea bargains are available in DUI or DWI cases in New Jersey, there are specific requirements that prosecutors and defendants must adhere to when negotiating a deal.
According to N.J.S.A. § 39:4-50(a)(3), our New Jersey DUI defense lawyers can help drivers work out plea bargains, but drivers must agree to a license suspension of at least 6 months if they were under the influence of a narcotic, hallucinogenic, or habit-producing drug.
Special rules also apply to drivers charged with DUIs while operating commercial vehicles. While plea bargains are still available for these drivers, they must agree to a license suspension of at least 6 months as part of a plea bargain.
For some, plea bargains under these rules may still be advantageous, as the penalties for drug-related DUIs involve a lengthy license suspension of at least 7 months or up to 1 year for a first offense.
It is essential to note that a plea bargain for a driver with a Commercial Driver’s License (CDL) may not shield the driver from consequences at work. A plea bargain will not stop your boss from terminating your employment.
How Likely is a Plea Bargain in a New Jersey DUI Case?
Considering that DUIs are common and prosecutors often have large caseloads of DUI cases, a plea bargain may be more likely than you think.
Often, prosecutors rely on plea bargains to lighten their workload, allowing them to perform their jobs more effectively. Even so, not everyone is guaranteed a plea bargain, and you should talk to your lawyer about your specific circumstances.
If you are a first-time offender with a relatively low BAC and there are no aggravating factors like accidents or injuries in your case, you may be more likely to be offered a plea bargain. However, if your BAC was especially high, someone was injured, or this is not your first DUI charge, prosecutors might be more hesitant to offer a plea bargain.
What is a Good DUI Plea Bargain?
If you accept a plea bargain in a DUI case, you want to make sure it is a good deal. Exactly what this means will vary from person to person, but a good plea bargain should help you avoid the harshest penalties while also avoiding an unpleasant trial.
A good plea bargain should help you avoid license suspensions. If a license suspension is unavoidable, a good plea bargain should at least help reduce the suspension period. If your penalties include a 1-year suspension, a good plea bargain might reduce this period to a few months.
Similarly, a good plea bargain might also help you avoid expensive fines. In some cases, fines can exceed $1,000. You might accept a plea deal if it reduces the fines to only a few hundred dollars.
One of the biggest reasons that defendants accept plea bargains in DUI cases is to avoid jail time. Serious cases might involve several months in jail. A plea bargain may help you avoid jail time if you agree to comply with all other penalties, such as suspensions and substantial fines.
Do I Have to Accept a Plea Bargain for a DUI or DWI?
Plea bargains can be helpful to many New Jersey DUI defendants, but they are not required by law. You are free to reject the plea offer if you believe it is not satisfactory. You may also negotiate with prosecutors to try to work out a better plea bargain.
The flipside of this coin is that prosecutors do not have to offer plea bargains. You might be open to a plea deal, but if prosecutors believe the case is too serious to reduce through plea bargaining, they may refuse.
Be careful about accepting or rejecting plea bargains. Once you accept a plea, it is very difficult to appeal. If you reject a plea offer from the prosecutor, they might be unwilling to offer it again if you change your mind.
Contact Our New Jersey DUI and DWI Defense Lawyers for Legal Support
Get a free car evaluation from our Cherry Hill, NJ DUI defense lawyers by calling the Lombardo Law Group at (856) 281-9600.
Stand with your feet together. Watch the tip of my pen and follow the movement with your eyes without turning your head. Stand on one leg and raise the other off the ground. Walk on this line, turn, and walk back. Field sobriety tests involve a lot of orders and potentially difficult-to-follow instructions whether you are sober or not. Do you have to put up with them if you are pulled over?
Generally speaking, there is no law requiring you to take field sobriety tests when you are pulled over for a potential DUI/DWI. However, this only refers to the tests such as the walk and turn and leg raise; you cannot refuse a post-arrest chemical breath test without facing license suspensions and other penalties. Additionally, while you can legally refuse field sobriety tests, it might make the police angry and more determined to arrest/convict you of drunk driving.
For a free, private case evaluation, call our Cherry Hill, NJ DWI defense lawyers at Lombardo Law Group today at (609) 418-4537.
Can I Say No to Field Sobriety Tests in NJ?
There is a common misconception that you must comply with every order the police give you during a traffic stop and that you cannot refuse things like a portable breath test or field sobriety tests.
Neither of these kinds of tests is required, and the only test that you cannot legally refuse without penalties is a post-arrest test (such as a Breathalyzer, Alcotest, or blood test). Otherwise, you can refuse to take field sobriety tests for any reason or no reason.
If you have a physical disability or other problem that prevents you from fulfilling the requirements of the test, you might also want to avoid taking the test so that you do not “fail” it for another reason. Officers will typically decline to test you if your disability would interfere with the legitimacy of the test.
However, you might simply not want to participate in the test, or it might be cold outside your car, and you do not want to get out on the side of a dark highway and perform physical tasks.
In any case, you have the legal ability to refuse to take field sobriety tests, but that does not always mean that you can refuse with no consequences.
Possible Penalties for Refusing Field Sobriety Tests
It can be hard to say no to a police officer, but doing so is not necessarily a crime. However, that does not mean there are no consequences. You can legally refuse to submit to a field sobriety test after being pulled over, but doing so might not work in your favor in the long run.
Since there is no law requiring drivers to submit to field sobriety tests, there are no statutory penalties for refusal. You should not face criminal charges, fines, or any other legally imposed penalty for refusing to submit to field sobriety tests.
As described below, refusing field sobriety tests may come up in court and be used against you. It might also make the police more suspicious, and they might investigate more thoroughly for signs of intoxication.
If you are visibly intoxicated and refuse a field sobriety test, the prosecutor in your case can use this information against you in court. They may argue that you refused because you were intoxicated and did not want to get caught.
Can the Police Retaliate if I Refuse Field Sobriety Tests in NJ?
There is generally no direct penalty for refusing field sobriety tests like there is for refusing to take a post-arrest breath test. Even so, there are some potential practical consequences that our Folsom, NJ DWI defense lawyers should warn you about.
Police Retaliation for Refusing Field Sobriety Tests
First and foremost, the police do not like it when you do not cooperate with them. It is generally best to be polite when speaking with police. If you want to refuse field sobriety tests, you should say so politely but firmly. You may also want to say that it is your lawyer’s advice that you refuse, allowing them to place the blame on someone other than you.
If the officer is annoyed or angry because you do not want to perform the tests, they may try to threaten you with a DWI arrest or otherwise pressure you into taking the tests anyway. It can be hard to say no to an armed police officer on a dark road, and giving in to this kind of pressure is very common and understandable.
While the police may be frustrated, they are not allowed to retaliate. If you feel you were somehow punished or penalized by law enforcement because you would not submit to field sobriety tests, talk to your lawyer about it right away.
Arrest After Refusing Field Sobriety Tests
One other thing to consider is that police cannot (legally) arrest you without grounds to do so. If they have enough evidence to arrest you for drunk driving, they will do so whether you take field sobriety tests or not. If you refuse and they arrest you without proper grounds to do so, our New Jersey DWI defense lawyers can fight the arrest.
Remember, field sobriety testing is often conducted as a way for law enforcement to gather probable cause to execute an arrest. If you refuse to do the tests but they have sufficient probable cause, they can still arrest you. If they do not, they may become agitated, but they should not be allowed to arrest you.
Forced Testing After Refusal
If you refuse to do field sobriety tests, the police are not allowed to make you comply. They might be frustrated at your refusal to comply, but they have to move on. If you were forced to perform field sobriety tests after you clearly and directly said no, tell your lawyer. It is possible that the results of forced tests may be excluded from the case.
The police might tell you that you have to perform field sobriety tests as part of New Jersey’s implied consent law. This law requires drivers to submit to post-arrest chemical testing. If they do not, they may be charged and penalized. Remember, the implied consent law does not apply to field sobriety tests.
How Refusing a Field Sobriety Test May Be Used Against You
You can refuse to perform field sobriety tests, and the police are not allowed to retaliate. However, there may be other consequences that you should discuss with your attorney.
First, your refusal may be combined with other evidence to establish probable cause to arrest. Drivers often think that if they refuse to perform field sobriety tests, the police will not have enough evidence to arrest them. However, your refusal may seem suspicious in light of other observable evidence, and the police may actually use your refusal as probable cause to arrest.
Second, your refusal to perform field sobriety tests may come up in court. The prosecutor may call the arresting officers as witnesses and ask them if they conducted field sobriety tests, and the officers may answer that you refused. This could lead a jury to believe that you had something to hide.
In the end, there are no statutory penalties for refusing to perform field sobriety tests, but your refusal could work against you in court. If field sobriety tests came up during a DWI stop, tell your lawyer about it, whether you complied or not.
Can I Beat DWI Charges by Refusing Field Sobriety Tests in NJ?
Generally speaking, refusing field sobriety tests will not be enough to beat the charges against you. In many cases, police will be able to get enough evidence to charge you with drunk driving even without the field sobriety tests.
What police and prosecutors do must be analyzed at each step of the case: did they have reasonable suspicion to pull you over? Did they have probable cause to arrest you? Did they prove the case to the judge to convict you?
In order to make the arrest, police need probable cause that you were driving under the influence of drugs or alcohol, and they may get sufficient evidence without field sobriety tests.
Generally, police will want more than just a “failure” on the tests to confirm you were drinking and driving, and they will look for the odor of alcohol on your breath, slow movements, bloodshot eyes, stumbling/fumbling motor skills, and other evidence before even considering making you perform field sobriety tests.
If this gets them enough proof to arrest you, they do not need the field sobriety tests to move forward with their case.
Other Evidence Besides Field Sobriety Tests
Drivers often refuse to perform field sobriety tests because they do not want to give the police any information that may be used against them later. However, the police might gather more than enough evidence to arrest you without the use of field sobriety tests.
Some evidence you cannot hide even if you tried. If police officers pull a driver over and notice a smell of alcohol emanating from the vehicle, this information may be used as evidence against you.
Alcohol tends to affect the way people talk, especially when people drink a lot. The police will undoubtedly ask you some questions during a traffic stop, and they might detect slurred speech. This is such a common sign of intoxication that the police will likely assume you are intoxicated and treat the stop as a potential DWI.
The police may begin collecting evidence to arrest you before they pull you over. They might pull you over because they notice erratic driving. Speeding, weaving between lanes, and sudden stopping and starting are tell-tale signs of intoxication. This, combined with the other evidence described here, may lead to an arrest for a DWI.
Should I Refuse Field Sobriety Tests if I’m Pulled Over for Drunk Driving in New Jersey?
The final question is whether you should actually take the test or not. In general, you should always ask for your lawyer to be present before talking to the police or giving them any information, as anything you give up will be used against you. Because of this, it makes sense just to say no to field sobriety tests, as any mistakes or failures could be misconstrued as evidence that you were drunk.
However, it might not be fatal to your case to take the tests in some situations.
First, if you are completely sober and know you can do the tests – and that a breathalyzer will show no alcohol even if you are arrested – it might help shut down the officer’s suspicion and end the case right there.
Second, if the tests are performed incorrectly by the officer, then we might be able to get them thrown out as evidence against you anyway.
If you have a disability or some other good excuse to say no to the tests without drawing backlash from the officer, it is usually best to just say no.
Call Our NJ DWI Defense Lawyers for a Free Case Review Today
Call (609) 418-4537 for a free case evaluation with Lombardo Law Group’s Haddonfield, NJ DWI defense lawyers today.
DWIs are not that uncommon, but many are surprised to find that they do not have the right to have their DWI case heard in front of a jury of their peers. While many other states allow jury trials for DWIs and DUIs, New Jersey does things a bit differently. Instead, defendants must have their cases heard before only a judge, and there is no jury.
In New Jersey, several reasons exist for why DWI matters do not have jury trials. First, DWIs are technically not considered criminal offenses. They are classified under the vehicle code and are legally considered traffic offenses. Second, the potential jail time involved in even the most severe DWI cases is insufficient to warrant jury trials. While there are various unpleasant consequences of DWI convictions that may follow a person for years, jail time is arguably light compared to other offenses. Some drivers are charged with other offenses that occur in relation to their DWIs. While these charges may warrant a jury trial, the DWI charge still does not.
Call our Atlantic City, NJ DUI and DWI attorneys with the Lombardo Law Group at (609) 418-4537 to get a free, private case evaluation.
Do DWI Cases in NJ Get Jury Trials?
Jury trials are a cornerstone of our legal system, but juries are not available in every case. Someone charged with a DWI does not have the right to have their case heard before a jury of their peers, at least not in New Jersey. While DWI cases may not enjoy jury trials, they tend to move relatively quickly.
DWI cases do not get jury trials for a few different reasons. First, DWIs and DUIs are technically not criminal offenses and are not eligible for jury trials. In New Jersey, DWIs and DUIs are not classified under the criminal code. Instead, they are classified under the motor vehicle code, making them traffic offenses. Other traffic offenses include ordinary moving violations like running red lights, speeding, or reckless driving. These offenses also do not get jury trials.
Many DWI defendants feel cheated out of a jury trial. After all, the penalties in these kinds of cases can sometimes be serious, especially in cases where someone is charged with their third or fourth DWI or DUI. However, even the more serious DWI cases do not carry especially long jail terms, at least not compared to other offenses. Under N.J.S.A. § 39:4-50(a)(3), penalties for a third or subsequent DWI or DUI violation involve a jail sentence of no less than 180 days.
According to the 1970 U.S. Supreme Court Case Baldwin v. New York, while “petty offenses” may not warrant the right to a trial by jury, no offense may be deemed petty if it carries the possibility of imprisonment for more than 6 months. The 180-day sentence carried by the most severe DWI and DUI charges in New Jersey is right about at the 6-month mark. If they were any longer, a trial by jury would be required.
Jury Trials for Other Charges Surrounding DWI Matters in NJ
What happens if you are facing criminal charges related to a DWI? It is not unusual for defendants facing DWIs to be charged with other offenses. This is especially common in cases involving accidents or intoxicated drivers who flee the scene of accidents. Depending on the potential penalties, our NJ DUI and DWI lawyers can help you assert your right to a jury trial.
For example, in an extreme case, someone might cause a severe accident while driving drunk, and the driver of the other car might be killed. In that case, the defendant may be charged with a DWI and the more serious crime of death by auto or vessel, under N.J.S.A. § 2C:11-5(a).
Generally, the charges may be tried separately, with a judge deciding the DWI charge and a jury deciding the other charges. These charges might even end up in different courts. DWIs are typically handled in Municipal Court, while more serious criminal charges might be heard in Superior Court.
Pros and Cons of Not having a Jury for a DWI Case in NJ
If you are truly worried about the outcome of your DWI case without a jury, talk to your attorney about the pros and cons of having a trial decided by a judge. Juries might be part of the foundation of our legal system, but there are certain disadvantages to having a case heard before a jury of your peers.
Pros
Pros of trials without juries include verdicts based less on emotion and more on law and facts. Remember, juries are often not legal professionals trained in the law. They tend to make many decisions based on how they feel about a defendant, even when facts and evidence might say otherwise. Judges are less likely to make a decision based on emotions. DWI cases are sometimes emotionally charged, and jurors might be eager to convict someone they believe is a “drunk driver.”
Trials without juries also tend to be less embarrassing. DWIs tend to be humiliating, and word about a DWI often spreads quickly through communities. It is not unusual for a defendant’s friends, neighbors, and coworkers to learn about the case. Putting everything on trial before a jury might only embarrass the defendant further.
Additionally, the judge may give more fair consideration to mitigating factors. Jurors might be so morally opposed to driving while under the influence of alcohol or drugs that they do not care about mitigating factors.
Cons
While juries being emotional can be a bad thing, it is sometimes a good thing, depending on the situation. A sympathetic defendant might be able to appeal to jurors on an emotional level and persuade them to avoid a conviction. For example, a young, frightened driver with little driving experience might evoke sympathy from jurors. They are less likely to receive such sympathy from a judge. The judge might throw the book at you.
Your case may come down to the temperament of the judge hearing your case. Not all judges are the same, and some might be more forgiving or lenient than others. If the judge on your case is known for being hard on DWI cases, your case might be very difficult. Jurors tend to be a cross-section of the community, and there may be a fair mix of temperaments.
Contact Our NJ DUI and DWI Attorneys for Help
Call our NJ DUI and DWI attorneys with the Lombardo Law Group at (609) 418-4537 to get a free, private case evaluation.
Drunk driving is technically not a crime but rather a very serious driving offense. Even so, it can still come with jail time, license suspensions, and other serious penalties. While these penalties are worse for repeat offenders, they are still pretty challenging penalties for a first-time offender.
In NJ, a first-time DWI offense is graded depending on your BAC (blood-alcohol concentration), with the cutoff between the two levels of penalties being .10%. Overall, the max possible fine is $500, with jail time up to 30 days. Additionally, you can lose your license for 3 months to 1 year, and you face other financial penalties, including additional payments to make, driver education classes to take, installation of an interlock device, and an insurance surcharge of $3,000 paid over 3 years.
For help fighting your charges – potentially avoiding all of these penalties – call our Atlantic City, NJ DWI defense lawyers today at Lombardo Law Group by dialing (609) 418-4537.
First-Time DWI Charges in New Jersey
New Jersey’s drunk driving statute, N.J.S.A. § 39:4-50, makes it illegal to drive while “under the influence,” but it also puts specific blood alcohol cutoffs at .08% and .10%. This creates two tiers of DWI offense, with the lower tier covering “general intoxication” and BACs of .08% or more and the higher tier covering BACs of .10% or higher.
DWI is usually charged after a traffic stop where a police officer notices that you were swerving or otherwise committing traffic violations and pulls you over. There may also be charges after stops at DWI checkpoints. Either way, the police officer needs further evidence of DWI before arresting you, such as the odor of alcohol on your breath, evidence of confusion, failed field sobriety tests, or an admission that you were drinking and driving.
Once you are arrested, they have to try you and convict you before you can face penalties. There may be opportunities for our NJ DWI defense lawyers to fight your charges and potentially seek alternatives to sentencing in some cases. If your case does go to sentencing, you could face serious penalties.
Fines for a First-Time DWI in NJ
The fines for a first-time DWI are listed directly in the statute. For first-time drunk drivers with a low-tier DWI, the fine is $250-400, and for a high-tier DWI, it is $300-500. These are mandatory fines; the statute gives the judge no wiggle room to charge you a lower fine.
In addition to these fines, though, there are plenty of other costs that might be assessed for your case. First, there are court fees that need to be paid along with any legal fees you pay to your defense lawyer.
In addition, there are various payments needed, such as $50 to the crime victim’s fund, $100 to the Drunk Driving Enforcement Fund, and $100 to the Safe Neighborhood Services Fund. You also have to pay for any other services or interlock devices, which are discussed below. There is also a license restoration fee of $100 after a license suspension. This totals at least $350, plus other service costs.
In addition to these amounts, you also typically face a surcharge from the Motor Vehicle Commission (MVC – the equivalent of the DMV in New Jersey). This charges you $1,000 per year for the next 3 years, totaling $3,000.
All things considered, except for the cost of an interlock or other services, you are looking at a minimum of around $3,600 and a max of $3,850 for a first-time DWI in NJ.
License Suspensions for First-Time DWIs in NJ
Every DWI comes with a license suspension of 3 months for a low-tier DWI and 7 months to 1 year for a high-tier DWI.
When your license is suspended, it comes with a $100 restoration fee to the MVC, as discussed above. Note that if you have other driving offenses at the same time, it is possible to get your license “revoked” instead of merely suspended. This leads to more problems down the road and requires you to get a new license rather than just wait for the suspension period to end.
If you refused a breathalyzer test during your DWI stop, you could also have your license suspended for that under different rules.
Does NJ Require an Ignition Interlock for First-Time DWIs?
New Jersey now requires the installation of an interlock device for DWIs under N.J.S.A. § 39:4-50.17. The period for using an interlock is the same time period as the license suspension: 3 months for a low-tier DWI and 7 months to 1 year for a high-tier DWI. However, NJ law also adds a third tier for BACs of .15% or higher, requiring the interlock for the suspension period plus 12-15 months.
When you have an ignition interlock on your car, it means that you cannot start your car without blowing a clean breath test first. It also becomes illegal for you to drive a different car or any car without the interlock. It is also illegal to bypass the interlock or have someone else blow into your breathalyzer for you (e.g., a sober friend or a child). There should also be a mark on your driver’s license indicating that you have an ignition interlock. That way, if a police officer catches you driving without the interlock, they know you are in violation.
Interlocks are usually installed and upkept at the vehicle owner’s expense, adding more expense to a DWI conviction.
Does NJ Use Jail Time for First-Time DWIs?
It is rare for a judge to issue jail time for a first-time drunk driver, but they do have the power to issue up to 30 days in jail. You may also spend 2 days in jail for failing the requirements discussed below.
IDRC Requirements for First-Time DWIs in NJ
The IDRC is the Intoxicated Driving Resource Center – part of NJ’s Intoxicated Driving Program. Having a drunk driving violation means having to undergo screening and evaluations at your local IDRC to see if you need substance abuse or alcohol treatment or other drunk driving training. IDRC sessions are required for 12-48 hours.
You can usually complete your IDRC requirements in two consecutive days of 6-hour sessions, though if more treatment or evaluation is needed, you have to comply with that. If you do not comply, you can face 2 days in jail and a continued license suspension until you do complete the required hours.
All of these screenings might have a cost that you also have to pay.
Call Our DWI Defense Lawyers Today
For help with your case, call our Haddonfield, NJ DWI lawyers at Lombardo Law Group at (609) 418-4537 today.
Going to municipal court can mean getting ready for a lot of different things. If you are facing charges for something like an ordinance violation, a fine might be the only penalty on the line. However, most other charges go through municipal court at some stage or another, so you could be looking at 6 months of jail time if your case does not go your way.
To prepare for your municipal court date, you should first and foremost talk to a lawyer about your case. You should also clear your schedule, get a babysitter, and make sure that any other obligations are taken care of, as missing your court date could result in further legal trouble. Lastly, you should come prepared to handle the charges against you, and dress professionally while doing so.
To hire a lawyer or to get a free case assessment, call the New Jersey criminal defense lawyers at Lombardo Law Group today (609) 418-4537.
Understanding What Could Happen at Municipal Court in NJ
The first thing to do to prepare for your court date in municipal court is to understand what your case is, why you are being summoned to municipal court (as opposed to some other court), and what penalties could result.
NJ has a few levels of court, with municipal court being the lowest. There are many hundreds of municipal courts in NJ, with each one serving one or more municipalities/towns/townships. These courts hear all kinds of cases, ranging from traffic ticket cases to low-level “petty disorderly persons offenses” and ordinance violations. You could also have a case be a misdemeanor-level “disorderly persons offenses” or a felony-level “indictable crimes.”
When it comes to hearings for traffic cases, ordinance violations, and both levels of disorderly persons offenses, the entire trial is held in municipal court before a judge (i.e., without a jury). This means that, by the end of your court date, you could face a fine or even jail time for the offense. Keep in mind that many serious charges – such as DWI and reckless driving – qualify as “traffic offenses.” Many disorderly persons offenses are also still serious criminal charges resulting in up to 6 months in jail. For example, simple assault is a disorderly persons offense.
If your case involves an indictable crime – a felony-level offense like aggravated assault or robbery – then only the preliminary stages of your case will be held in municipal court. At the end of your day in municipal court, you will either win the case and get charges dismissed, or they will be held over for trial at superior court – the county-level trial court.
Preparing With Your Lawyer for a Municipal Court Date in NJ
You should always have one of our Atlantic County criminal defense attorneys represent you in your case. Ahead of the court date, we can reach out to prosecutors and discuss potential reductions in your charges or penalties and any opportunities for something like community service, a fine-only punishment, or even a plea deal that might reduce your potential penalties.
At municipal court, there might also be questions about bail, especially if the case needs to be handled in more than one court date and you want to remain out of jail in the meantime. Our lawyers can make arguments against cash bail and seek to keep you out “on your own recognizance” (known as “ROR”).
You should also discuss your case with a lawyer well in advance of your court date so that we know what charges you will be facing and what evidence we have to fight against them. We can research your case and seek to collect evidence that might call the prosecution’s case into question. Especially if there are records to be turned over – like breath test results from a DWI or drug test results from drug possession charges – we want to review them in advance. Kowing everything we can about the charges you face ahead of time also allows us to do legal research when needed to help find arguments we can make to potentially get your charges dropped.
Lastly, if the case does involve more serious felony-level indictable crimes, we will need to prepare for municipal court hearings on probable cause. We might also want to consider the strategy of waiving your municipal court hearings in hopes of getting you into programs like Pre-Trial Intervention or Recovery Courts, where your cooperation with the system might be helpful in getting you approved for these “diversionary” programs.
Making Sure You Do Not Miss Municipal Court in NJ
If you have any court dates scheduled, whether they are in municipal court or not, it is vital not to miss your court date. Make sure that you have your schedule cleared at work, that you have childcare prepared, that you have someone to let your dog out, or that you have an alternate person to check in on your parents. Whatever tasks you might have in your normal day must be set aside to make sure that you attend your court hearing, or else you could face immediate penalties.
First off, not showing up to court does not look good to the prosecutor or the judge. If either of them sees you as unwilling or uncooperative, it could hurt your ability to negotiate for a reduced sentence or other leniency.
Second, if you miss court, the judge can issue a bench warrant for you. Bench warrants allow the police to arrest you at any time if they come across you for some other interaction, such as a traffic stop. Then, there will be additional legal fees and steps to take to get the bench warrant canceled.
What to Wear to Municipal Court in NJ
Defendants should dress professionally. If you have a solid-colored suit or other professional attire, that is probably your best option. Otherwise, a clean button-up shirt, slacks/khakis, a professional skirt and blouse, and other similar attire would be recommended. Avoid jeans, workout wear, shirts with brand names, graphic tees, clothes with holes, and sneakers (if you can do so without too much expense). If you have visible tattoos that can be covered, judges often prefer to see them covered.
A good rule of thumb is to dress like you would for a job interview.
Call Our Criminal Defense Lawyers for Help with a Municipal Court Date in NJ
For a free case review, call Lombardo Law Group at (609) 418-4537 before your court date so we have time to help you prepare.
The U.S. Constitution protects your right to “be secure in” your things and papers and it protects personal autonomy. For the government to intrude on this by searching you, seizing your things, or seizing you (arresting you), they need to go through certain hurdles, or else their searches or arrests are illegal. When that happens, there is one major way to contest the illegal evidence.
If the police seize evidence or arrest you in violation of your constitutional rights, the court is supposed to “suppress” the evidence. This is the penalty that police face for violating your rights, and it means that the police and prosecutors cannot use the evidence in the case against you. This is a pretty simple remedy, but how to use it, what it does, and when it works (and doesn’t work) are important factors to understand.
Call (609) 418-4537 for a free case assessment with Lombardo Law Group’s New Jersey criminal defense lawyers today.
Suppressing Illegal Evidence in New Jersey Court Cases
If the police seized evidence in violation of the 4th Amendment of the U.S. Constitution, then it can be “suppressed.” This remedy was created to help deter police from violating the 4th Amendment, as there was no way to sue them for violations at the time. Today, you can also file a lawsuit under 42 U.S.C. § 1983, but that is a separate remedy meant only to pay you damages for violations of your rights, and doctrines like qualified immunity often make it hard to win those cases. Even so, suppression is regularly available in criminal cases to help protect defendants from illegal evidence.
To request that evidence be suppressed, your Burlington, NJ criminal defense lawyers can file a motion with the court that your case is before. Judges will hold suppression hearings where both sides will present their alleged facts about how the evidence was obtained, as well as arguments about why it should or should not be suppressed. If the court rules in your favor, the evidence is thrown out, and the police and prosecutors cannot talk about it in your criminal case.
What this often means is that the prosecution has to handle their case with one hand tied behind their back, metaphorically. The evidence that was suppressed might have been incredibly important – a literal smoking gun, even. However, the fact that the police broke the law to get it makes it unavailable to them.
Why Do We Use Suppression in NJ Criminal Cases with Illegal Evidence?
As mentioned, suppression is the remedy instead of something like monetary damages. There are two major reasons for using this system.
First, it blocks illegal evidence so that the police and prosecution cannot benefit from violating your rights. The justice system is supposed to be fair, and obtaining evidence by breaking the law is not particularly fair. If you break the law, they arrest you and punish you; it would be unfair if they broke the law and were rewarded with a win in court.
Second, it deters police and prosecutors from seizing evidence illegally. If police know that the evidence will be blocked from court if they gather it the wrong way, then it pushes them to do everything they are supposed to do correctly in order to protect their evidence. This helps push them to respect your rights or else risk losing the case against you.
When Evidence Suppression Does and Doesn’t Work for New Jersey Criminal Cases Involving Illegally Obtained Evidence
As with any criminal law issue, there have been cases testing the outer limits of these rules. In the end, we end up with a lot of different rules governing when suppression can apply because of a rights violation and when the government’s violation doesn’t hurt their case. The following situations all have special rules about whether suppression will or will not be available.
Warrantless Searches
The 4th Amendment requires a warrant for searches. This means that police have to go before a judge/magistrate and submit an affidavit under oath explaining their rationale for wanting to perform a search or arrest a person. This has to be supported with “probable cause” explaining that they believe a crime has been committed and that evidence will be found in the place to be searched – or that the person to be arrested was responsible.
If a search or arrest is performed without a warrant, it would be illegal. However, getting a warrant is not always possible, so the courts have created many exceptions to this requirement. For example, if the officer witnesses the crime happen before their eyes, they do not usually need to leave and get a warrant and risk losing the suspect. As another example, they can also enter your home without a warrant if they think that evidence is being destroyed or that someone is in danger.
Additionally, the “plain view” doctrine allows police to seize evidence or contraband they can see from a legal vantage point without needing a warrant.
Violations of Someone Else’s Rights
Suppression is only available if the defendant’s rights were violated, not if someone else’s rights were violated. For example, let’s say that you had a brick of cocaine hidden at a friend’s house. If the police broke down your friend’s door and searched his house without permission, it would not violate your rights, but rather your friend’s rights. That might make suppression unavailable in your criminal case.
Mix of Legal and Illegal Evidence
Sometimes when police seize evidence illegally, they get evidence they could otherwise seize legally mixed in, or vice versa. In some cases, courts will need to hold suppression hearings to piece out what was obtained legally and what was obtained illegally. Sometimes, when illegal evidence leads to more evidence, the fact that there was an illegal search or seizure further back down the line makes any “fruits” of that illegal evidence also illegal. This is called the “fruit of the poisonous tree” doctrine, and it should make anything downstream of an illegal seizure also illegal, allowing it to be suppressed, too.
For example, if the police arrest you without probable cause, then search you and find drugs, that happened because of an illegal arrest. Therefore, the arrest and the drugs it turned up should both be suppressed.
Call Our New Jersey Criminal Defense Lawyers for Help
If you were arrested, call our Vineland, NJ criminal defense lawyers at Lombardo Law Group for help by dialing (609) 418-4537.
During a police interrogation, there are a lot of undue pressures on you. The police might put you in a corner, stand behind you to add pressure to the situation, and leave you in a room alone by yourself for a while before actually asking any questions. All of this pressure comes on top of the stressful situation you are in: you’ve already been arrested and might face jail time.
During a police interrogation, there are rights that protect you from this extra pressure. You may be familiar with your Miranda rights: the right to remain silent, the right to an attorney, and the right to have one provided for you if you cannot afford a lawyer. These rights help combat the pressures against you, but it is important to know the extent of these rights and how to use them.
For help with your case, call Lombardo Law Group’s New Jersey criminal defense lawyers at (609) 418-4537 today.
What Are My Miranda Rights During a Police Interrogation in NJ?
Under Miranda v. Arizona (1966), the U.S. Supreme Court decided that police interrogations have a lot of pressure involved, and it is a requirement that the police explain your rights to you in order to help protect those rights. There are few areas of the law where the police – or any other government entity – actually has to go above and beyond to tell you what your rights are, and this is one of them.
Even so, understanding these “Miranda rights” is often a bit difficult for a non-lawyer, so we have laid out explanations of the three main rights in your “Miranda rights” and how to use them during an interrogation:
The Right to Remain Silent
The right to remain silent – or, more technically, the right against self-incrimination – is found in the 5th Amendment of the U.S. Constitution. Under this amendment, you cannot be made to act as a witness against yourself, which functionally means that you have a right to stay silent and avoid answering any questions.
The first thing to know about this right is that you cannot remain silent to activate your right to remain silent. Under Salinas v. Texas (2013), you actually have to say, out loud, that you want to use your right to remain silent for it to be activated.
Your right to remain silent actually extends beyond police interrogations, as well. You can say that you want to remain silent or that you do not want to answer any questions any time police talk to you. You can also use this right to keep from being called to the witness stand in your own case.
This right also comes with an additional protection: the prosecution cannot use the fact that you invoked your right to remain silent as an argument against you. This means they cannot say anything to the jury about “only guilty people needing to remain silent,” and they should not even actually tell them that you did “plead the fifth.” However, pre-arrest silence does not necessarily get this protection.
Once you invoke the right to remain silent, the police have to stop asking you about this particular situation but can continue with questions about other things.
The Right to an Attorney
The 6th Amendment protects the right to an attorney – known as “Assistance of Counsel” in the actual text of the amendment. Like with the right to remain silent, you have to actually say you want to activate this right by saying something along the lines of, “I want a lawyer,” or “I will not answer questions without my lawyer.”
Once you ask for a lawyer, the police have to stop questioning you entirely until your lawyer is present. This usually leads to an opportunity to make some phone calls to get your Atlantic County criminal defense lawyers to come and help you answer questions. However, the police could also just give up on asking you questions.
While this stops all questioning, it does not last forever. Once you invoke your right to an attorney, the police can let you go from their custody. At that point, their ability to question you again without a lawyer present re-activates after 14 days under Maryland v. Shatzer (2009).
The Right to Have an Attorney Appointed
The Supreme Court found in Gideon v. Wainwright (1963) that to protect the 6th Amendment right to an attorney, the government needs to provide you with an attorney if you cannot afford one. However, you might not want to invoke this right.
First, if you can afford an attorney, one will not usually be provided for you in an interrogation unless the police really need answers and you won’t talk to them without an attorney present. However, police rarely just give you a lawyer (even temporarily) if you can actually afford one. Second, the lawyers provided to those who cannot afford one are public defenders. While these attorneys might be great lawyers, they are often overworked and have too many cases on their docket to give you the amount of time you need to meet with them in every case.
As such, it is often better to hire your own private criminal defense lawyer, like those from our firm, if you are able to do so.
The Right to Have Your Rights Read to You
The main holding in Miranda was that the police have to read you these rights in order to help protect those rights. This is not a constitutional right like the rights discussed above, but it is a right that the police cannot violate. If they interrogate you in violation of the 5th and 6th Amendment rights above or if they do not follow Miranda and read you your rights, then our lawyers might be able to suppress any evidence they gained during the interrogation.
While you should continue to press that you want to remain silent and speak with a lawyer, if you do say anything after the police press you to continue the questioning, that evidence should be thrown out. This might even include things like confessions illegally obtained through these kinds of interrogations. However, there is no guarantee, so definitely do not say anything without your lawyer present.
Call Our Criminal Defense Lawyers in NJ Today
For help with your interrogation and the rest of your case, call our Cherry Hill, NJ defense lawyers at Lombardo Law Group at (609) 418-4537.
Getting probation instead of jail time can be a game-changer. This can let you keep a lot of your freedom, keep making money at your job, and keep in contact with your friends and family on the outside instead of spending your time incarcerated. However, it is still an unstable situation, and any violations of the terms of your probation can jeopardize your freedom.
If you violate your probation, you will usually be arrested. You might be released again, but you will have additional court dates to deal with the probation violation. At a violation of probation (VOP) hearing, the judge will determine whether you actually did commit a violation and, if you did, what your penalties should be. This could ultimately end with you going to jail and serving the rest of a set sentence, so it is important to have a lawyer on your side.
Contact the Atlantic County criminal defense lawyers at Lombardo Law Group at (609) 418-4537 for help with your case.
Arrests for Probation Violations in NJ
Usually, a probation violation is discovered in one of two ways: either your probation officer will report something that they witnessed or discovered, or you will simply be picked up for committing another crime. In either case, the immediate result is usually the same: you are taken into custody.
If you are arrested by your probation officer (PO), they usually have to point to some good reason for arresting you and accusing you of a probation violation. This will often involve something technical like failing to show up to a meeting with your PO, turning up contraband during a search, or reporting that you have had contact with someone you are barred from contacting or that you have lost a job you were required to keep. In any case, the PO will often arrest you and start VOP proceedings.
If you are arrested for another crime, the arresting officer will take you into custody after witnessing the crime, seeking an arrest warrant, or otherwise having probable cause to arrest you. You might already be familiar with this process a bit if you were already arrested and sentenced to probation once, but it will usually involve going to jail for booking and going before a judge for arraignment and a bail determination.
In some cases, you might be released on bail, but you might otherwise be held in custody until you can meet with your NJ criminal defense lawyer and go to a VOP hearing.
Violation of Probation (VOP) Hearings in NJ
During a probation violation hearing, the government will present evidence that you violated the terms of your probation, and your lawyer will be permitted to cross-examine witnesses and challenge evidence. At the end of the hearing, if the judge determines you did indeed violate, then the judge will determine the penalties.
Reasons for Violation
As mentioned above, violations can happen for a few different reasons. First and foremost, if you are on probation, it is absolutely vital to know what the terms of your probation are and how to follow them. You can look to the terms to get a list of possible ways the government might accuse you of a VOP.
Most times, violations occur because you were arrested for another crime. Just because you were arrested, however, does not mean you actually committed that crime. If they do not have sufficient evidence to prove that you committed the crime, then that VOP accusation should not stick, and you should be allowed to go back on probation. Another crime might be discovered because of a failed drug test, an admission to your PO, contraband turning up during a routine search, or because you were simply arrested by a different officer.
The other most common reasons for probation violations are technical ones. Usually, this involves doing something that violates technical requirements but is not necessarily dangerous or bad in and of itself. Failing to check in, missing a PO’s call, failing to report a change of address, failing to report a change of employment, or talking to people you are banned from associating with could all constitute probation violations that could lead to VOP proceedings.
Evidence and Witnesses at the Hearing
VOP hearings do not need proof beyond a reasonable doubt. Instead, the government needs to prove “by a preponderance of the evidence” that you committed the violation. If you are accused of committing another crime, then the government still only has to meet this lower burden to send you back to jail. Even so, on the separate charges for that crime, they still cannot convict you again without proof beyond a reasonable doubt.
Proof by a preponderance of the evidence that you committed a clerical violation is usually easy to meet. For example, your PO’s testimony that they did not get a call from you is usually enough to meet the government’s burden in a VOP hearing. Still, you can fight allegations by turning in your own evidence, such as phone records showing you did actually call your PO and they didn’t answer.
Penalties
The judge in your VOP case will determine the penalties. Recall that probation, in the first place, is a penalty for a previous crime. When probation is set, there is usually a “suspended” jail sentence assigned to you, but the courts do not activate that sentence. Instead, they let you stay out on probation, knowing that a violation could activate the suspended sentence. In the harshest cases, this original jail sentence will be activated, and a VOP will send you straight to jail to serve out the rest of that sentence.
However, most cases do not need to go this far. Especially if the violation was just a misunderstanding or a minor technical violation, it is possible the courts could leave you with a warning. Especially if your original crime was not that serious and jail time would interfere with your steps toward rehabilitation (like maintaining a job, serving your community, and avoiding future criminality), putting you in jail might actually be worse for ensuring that justice is done. In any case, our lawyers can make arguments using your criminal record, your record of compliance with probation terms, your current standing in the community, and other evidence to argue against harsh penalties and, ideally, get you back home to your family.
Call Our Probation Violation Lawyers in New Jersey for Help
For a free review of your potential VOP case, call Lombardo Law Group’s Cape May, NJ criminal defense lawyers today at (609) 418-4537.
As one of the states with the strictest gun laws, New Jersey places significant restrictions on the transportation of firearms. If you’re planning to transport firearms within the state, you will want to be well-informed about the basic requirements as well as the penalties for violations.
When traveling through the state with a firearm, it is essential to take the necessary steps to ensure compliance and avoid serious consequences. Even if you were legally allowed to possess a firearm in your home state, it does not automatically mean you can possess it in New Jersey, as different states have different gun laws. If you are unsure whether your firearm is legal to transport, consulting with our legal team is highly recommended. Non-compliance with New Jersey’s firearm laws can result in severe consequences, including fines, imprisonment, and the loss of your right to own firearms.
For a free case review, contact our Atlantic City criminal defense attorneys at the Lombardo Law Group, LLC at (609) 418-4537.
Understanding the Rules for Transporting Firearms in New Jersey
New Jersey is known for having some of the strictest gun laws in the United States. To ensure the safety of its residents, the state has mandated that firearms must be transported in a specific manner. According to the Graves Act, firearms must be unloaded and contained in a closed and fastened case, gun box, or securely tied package while being transported. They can also be locked in the trunk of the automobile.
In New Jersey, the Graves Act enforces mandatory minimum sentences for certain firearm-related offenses. Specifically, under N.J.S.A. § 2C:43-6, individuals who are found guilty of illegal possession of a firearm are subject to a minimum mandatory sentence of three years. Importantly, this sentence does not allow for the possibility of parole during the three-year period. This means that anyone convicted of this offense will be required to serve a full three years in prison without the possibility of early release.
It is essential to note that both residents and out-of-state offenders face severe penalties for violating the state’s firearm transport laws. Even if someone is legally permitted to carry firearms in their home state, they can still be prosecuted under the Graves Act if they violate New Jersey’s stringent transport laws. Fortunately, the law considers this and provides ways of mitigating the worst penalties if stopped while transporting a firearm from another state.
Mandatory Minimum Sentences Under the Graves Act for Transporting Firearms in New Jersey
The Graves Act mandates mandatory minimum sentences for certain firearm offenses. Under this law, offenders who commit second-degree offenses are subject to a sentencing range of between five and ten years in New Jersey State Prison, with a minimum of three years. However, the sentencing for Graves Act offenses starts at a mandatory five years in prison, with a parole ineligibility period of 42 months.
Another critical aspect of the Graves Act is the period of parole ineligibility. According to the Graves Act, offenders must serve at least 42 months of their sentence without parole eligibility, or one-third to half of the sentence imposed, whichever is greater. For instance, when an individual is convicted of a fourth-degree crime, the mandatory sentence that they must serve is 18 months in state prison. This sentence must be served in its entirety, and there is no possibility of parole.
How Are Out-of-State Offenders Treated Under the Graves Act for Transporting a Firearm in New Jersey?
Many out-of-state visitors to New Jersey are lawful gun owners in their home states. However, ignorance of New Jersey’s stringent gun laws can lead to serious legal consequences. Fortunately, our firearm possession defense attorneys can help regardless of where you are from. Remember, the Graves Act does not differentiate between residents and non-residents when it comes to unlawful possession of firearms.
However, in 2014, a directive clarified the application of the Graves Act to out-of-state residents. It stipulates that the Graves Act applies in cases where the defendant is an out-of-state resident who produces proof that they legally owned the firearm in their home state, were merely passing through New Jersey, and had taken reasonable steps to secure the firearm. However, under certain circumstances, out-of-state residents might be eligible for a Graves Act Waiver or Pretrial Intervention.
A Graves Act Waiver Could Help Avoid Prison Time for Transporting a Firearm in New Jersey
When someone is convicted of a Graves Act offense, they are faced with the possibility of mandatory minimum prison time. However, there is a way to avoid incarceration by obtaining a waiver of the mandatory minimum sentence requirement. To qualify for this option, the offender must not have any prior weapons offense convictions.
The judge can be asked by the prosecutor to grant a waiver, which would permit the offender to avoid imprisonment or receive a shorter sentence. The aim of these exemptions is to decrease the necessary minimum sentence to one year of probation, enable Pretrial Intervention, or establish eligibility for parole, but only if the offender admits guilt.
When arguing for a shorter sentence, the prosecutor and defense need to provide strong evidence that justifies going against the mandatory minimum sentence of three years as mandated by the Graves Act. The argument presented by the prosecutor usually involves the interests of justice and takes into account different factors, such as the offender’s criminal history, the nature of the offense, and other mitigating circumstances.
For instance, attorneys might argue that the offender committed the crime under extreme duress or that the mandatory minimum sentence would result in undue hardship for the offender’s family. They might also cite examples of cases where a lesser sentence was imposed for similar offenses.
Mitigating Factors for Waiver Approval
When a defendant is seeking a waiver of the Graves Act, the court will consider both mitigating and aggravating circumstances before making a decision. Mitigating factors are those that can increase the likelihood of the waiver being approved.
Some common examples of mitigating factors include the defendant having no prior criminal record, not intentionally causing or threatening serious harm, not anticipating that their actions would result in serious harm, being strongly provoked, making restitution to the victim or planning to do so, participating in a program or community service, and acting in a manner that is not likely to occur again because of special circumstances.
These factors are taken into consideration because they demonstrate that the defendant is unlikely to pose a future threat to society and is willing to make amends for their actions.
Aggravating Factors Against Waiver Approval
However, certain factors might decrease the likelihood of approval. These are known as aggravating factors, and they include a variety of circumstances related to the nature of the crime and the defendant’s criminal history.
One of the most significant aggravating factors is the severity of the crime committed. If the crime was particularly heinous or involved violence, for example, it might be more difficult to obtain a waiver. Similarly, if the crime involved fraud or other financial incentives, this might also decrease the odds of approval.
Another aggravating factor is if the crime was committed against someone the defendant knew or should have known was over the age of 60. Crimes committed against law enforcement officers are also considered aggravating factors.
Finally, a defendant’s criminal history might also decrease their chances of obtaining a waiver. If they have a prior criminal record, especially for similar offenses, this might make it more difficult for them to convince authorities that they deserve a second chance.
Is Pretrial Intervention an Option When Facing Charges for Transporting a Firearm in New Jersey?
Pretrial Intervention (PTI) is a program in New Jersey designed to offer defendants an alternative to formal prosecution by meeting certain requirements. If successfully completed, PTI can lead to the dismissal of charges. PTI is an effective way to reduce the burden on the state’s criminal justice system and provide a second chance for those who are eligible.
However, the PTI program’s application in cases involving out-of-state residents charged under the Graves Act is not straightforward and depends on several factors. In such cases, the eligibility for PTI is determined on a case-by-case basis, taking into consideration various factors. These factors include the circumstances surrounding the offense, the defendant’s prior criminal history, and whether the defendant was merely passing through New Jersey.
Additionally, the court might consider other factors, such as the defendant’s age, employment status, and family background. The court might also take into account any favorable or adverse factors that might affect the defendant’s ability to complete the PTI program successfully.
However, the Graves Act has undergone some recent changes that could have significant implications for pretrial intervention in future cases. Under the new amendments, Pretrial Services is required to recommend no release in instances where a defendant has been charged with certain Graves Act offenses.
The legislation also establishes that a pretrial recommendation of no release for specific Graves Act offenses might constitute prima facie evidence, which means that it is sufficient to establish the fact without any further proof, and this might be enough to overcome the presumption of release if the court determines that there is probable cause to believe that the defendant committed such offenses. This means it could become much more difficult to procure pretrial intervention in cases under the Graves Act, even if you were just passing through New Jersey when arrested.
How Plea Bargains Work Under the Graves Act in New Jersey
In New Jersey, strict limitations have been established regarding plea bargaining in cases involving the Graves Act. In such cases, a court is prohibited from accepting a plea that provides for the dismissal of a firearm offense that carries a mandatory term unless certain conditions are met. For example, the prosecutor must declare in open court that the evidence in the case is insufficient to support a conviction.
Alternatively, they might state that the probability of dismissal is so high that the interests of justice warrant a dismissal. Also, the defendant must be sentenced to a term of imprisonment equal to or greater than the term that would apply under the Graves Act charge being dismissed.
The prosecutor must also place on the record that the plea bargain is essential to ensure the defendant’s cooperation with the prosecution. Any sentence that is imposed in a manner that violates these limitations is considered illegal and subject to correction at any point in their case.
How to Defend Charges for Transporting Firearms in New Jersey
Defending against charges for transporting firearms in New Jersey requires a comprehensive understanding of the rights afforded to you and the limitations placed on law enforcement. While firearms present a serious threat, it does not give the state license to violate your rights. As such, the following defenses might be helpful if you were stopped while transporting a firearm in New Jersey:
Challenge the Consent Given for the Search
One of the most common defense strategies is to challenge the validity of the consent given for the search. Consent is considered to be the most straightforward way for law enforcement officers to justify a warrantless search.
However, for consent to be considered valid, it must be given freely and voluntarily. If there is any evidence of coercion or duress, it can invalidate the consent and render the search unlawful.
Challenge a Vehicle Stop
The Fourth Amendment to the United States Constitution provides crucial legal protection that safeguards individuals from arbitrary or unjust searches and seizures of their property by government officials, including police officers. The law is designed to ensure that law enforcement agencies cannot invade the privacy of individuals without first having a valid reason to investigate.
If you were to be pulled over by a law enforcement officer or subjected to a search without a valid reason, any evidence obtained from such a search could potentially be excluded from your case. This is because the evidence would be considered “fruit of the poisonous tree,” meaning it was obtained illegally or unconstitutionally.
The police must have reasonable suspicion or probable cause to conduct a stop or search. Reasonable suspicion requires a law enforcement officer to have a reasonable belief that a person might be involved in criminal activity. Probable cause is a higher standard that requires law enforcement to have a strong belief that a person has committed or is about to commit a crime. If the officers do not have either of these, the stop can be challenged in court, and the evidence seized can be tossed from the case.
Challenge Bad Warrants
Another crucial strategy is to challenge the legitimacy of the warrant issued against you. If a warrant was issued or executed incorrectly, any evidence obtained through such a warrant might be considered inadmissible in court.
Our legal team can assist you in thoroughly examining the warrant to uncover any possible irregularities. We will scrutinize every detail of the warrant to identify any potential flaws and inconsistencies and use our experience to present a strong argument in court.
Our New Jersey Firearm Possession Defense Attorneys Can Help You Defend Your Case
Call the Lombardo Law Group, LLC at (609) 418-4537 to receive a free case assessment with our Atlantic City firearm possession defense lawyers.
As we begin to fully realize and recover from the devastating effects of Hurricane Sandy on the South Jersey area, the coming weeks will be interesting for many families who have suffered injuries or losses to their property. In the wake of catastrophic events, many individuals and businesses find that they are unable to collect in full on their insurance claims. The insurance claim process can be stressful, and often the needs that these claims are supposed to be used to meet are immediate.
While recovering from the immense effects of Hurricane Sandy in New Jersey, our Atlantic City personal injury lawyer explains how families who have suffered injury or loss of property can file a claim.
Filing a Claim Against Your Insurance Policy after Hurricane Sandy
Lombardo Law Group, LLC represents individuals who have been injured or suffered a loss of property and need to file a claim against an insurance company in order to be fully compensated. Each situation is unique and what is covered under one policy may not be covered under another. Further, there are many situational circumstances that can play into what is covered and who or what is liable for any losses or injuries that occurred. Often you may need to file a lawsuit against your own insurance carrier to make sure that you are compensated for your loss or injury in the full amount of coverage that you paid for. Mr. Lombardo can also advise you on what to look for in an insurance policy when obtaining coverage or deciding what policy an injury or loss is covered under.
Lombardo Law Group, LLC has successfully handled personal injury and wrongful death claims against homeowners’ insurance policies, malpractice policies, liability coverage, special form policies, and policies that exclude special form policies. Our attorneys can also represent businesses facing property damage and business interruption claims. A seasoned litigator, Mr. Lombardo can personally prepare your case for trial, if necessary.
Often in instances of wide-spread devastation carriers will create disaster response teams. It is the job of these teams to make sure that claims are paid in a timely manner, however, this is not always the case. It can lead to increased scrutiny and underpayment of claims. If you are in need to file a Hurricane Sandy insurance claim, call us today. Joseph Lombardo is an experienced litigator who has been representing clients in South Jersey since 1993.
Contact Our Atlantic City, NJ Personal Injury Lawyers Today
If you or a loved one has suffered an injury or wrongful death as a result of Hurricane Sandy’s devastating effects on the Southern New Jersey region, contact us today. We can step in on your behalf to make sure that your rights are protected and you are given the compensation that you deserve. Similarly, if your insurance carrier denies or underpays a claim, we can represent your interests in dealing with your carrier.
Joseph Lombardo will personally sit down with you in a free initial consultation and explain exactly what policy you may be covered under and what a reasonable expectation of compensation would be. Mr. Lombardo, a former prosecutor, has been representing clients in coverage lawsuits since 1993 and can prepare your case for the need to go to trial, if necessary. Don’t get shortchanged, contact the Law Offices of Joseph Lombardo today at 1-(856) 281-9600.
