Megan’s Law in New Jersey

Posted on February 10, 2012 by glmain

Megan’s Law  is a colloquial name for U.S. laws that require law enforcement to make information regarding registered sex offenders available to the public. In New Jersey’s Megan’s Law, certain sex offenders must register on an Internet registry. Based upon the classification of the offender, information is made available on the registry about the individual and his or her past offense(s). Registrants with the highest classification have their name, address, past offense(s), birth date and description listed which is accessible by the public.

If you are convicted of a sex offense, are found delinquent or found not guilty by reason of insanity of a sex offense, registration is required. Upon registration, you are evaluated and classified as low, moderate or high risk for re-offense. However, before classification is finalized you are entitled to a hearing. The hearing process examines the seriousness of your offense; any prior criminal record; your personal characteristics; and community support available. An experienced New Jersey Megan’s Law attorney can represent you at the hearing to ensure you receive a just classification and your rights and privacy are protected.

The purpose of Megan’s law was to increase public safety by informing and educating the public about sex offenders. However, no one may use the information on the registry to threaten, intimidate or harass you. And the law prohibits anyone from using registry information to deny an individual:

  • Health insurance
  • Insurance
  • Loans
  • Credit
  • Education, scholarships or fellowships
  • Benefits, privileges, or services provided by any business (unless consistent with the enhancement of public safety)
  • Housing or accommodations

Talk to an NJ Megan’s Law attorney today

If you have been charged with a sex offense, need assistance with a classification hearing or a Motion for Removal from the sex registry, you should speak to an experienced attorney immediately. Contact The Law Office of Steven A. Traub online today or call (866) 920-7988 to schedule a free consultation.

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Conditional Discharge for First-Time Misdemeanor Drug Possession

Posted on October 10, 2011 by glmain

Cherry Hill, Conditional Discharge Lawyer

A first-time arrest for a small possession of marijuana or hash can be a frightening experience: will you have to go to jail? Pay an expensive fine? Have a permanent criminal record? Will your employer find out and, if so, will your boss understand or fire you? Recognizing the importance of helping first-time offenders avoid future encounters with the law, New Jersey offers different Pre-Trial Intervention Programs (PTI), including a Conditional Discharge (CD) for those arrested on drug possession charges.

In order to qualify for a CD, the following conditions must be met:

  • You must be charged with a Disorderly Persons offense
  • You must not have participated in a diversionary program in the past
  • The Conditional Discharge will be of benefit to you regarding any perceived drug problem the court believes is at issue
  • Typically, a CD is not available in cases involving heroin, cocaine, meth, or hallucinogenic drugs, unless the charges have been downgraded by the county prosecutor’s office

What a Conditional Discharge Means for You

If a CD is granted in your case, you will be placed on probation for up to one year, depending on what the court deems appropriate. Additionally, you will be required to pay mandatory financial penalties totaling $833.00. You will not be subject to the mandatory 6 to 24 month suspension of your driver’s license. Over the course of your probation, a probation officer will be assigned to you. You are required to report to your probation officer and will be subjected to random drug tests administered by him or her.

Assuming you successfully complete your program, the charges against you will be dismissed and you will be able to expunge your arrest 6 months after dismissal. If you fail to successfully complete the program, the case will be returned to court for prosecution.

Entering the Conditional Discharge Program

In order to participate in the CD program, you must first be eligible according to the criteria listed above. If you are eligible, you can request a Conditional Discharge from the Court. You will be required to pay mandatory penalties and will be asked to fill out certain paperwork. Sometime after you file your paperwork, the Conditional Discharge Officer assigned to your case will contact you. This can take anywhere between two to six weeks. During this time, it is important to periodically check in with the Court to ensure your paper work has been received and you have been entered into the system. Failure to make sure you are in the system could delay the timeframe required for the successful completion of your program.

Contact Cherry Hill Marijuana Possession Attorney Steven A. Traub

A conviction for marijuana possession can have long-term legal, financial, and employment consequences. If you’ve been arrested for marijuana possession, contact Cherry Hill, New Jersey Conditional Discharge lawyer Steven A. Traub today to learn how we can help you.

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Avoid Prosecution – New Jersey’s Pretrial Intervention Program

Posted on October 7, 2011 by glmain

Cherry Hill, New Jersey PTI Attorney

New Jersey’s Pretrial Intervention Program (PTI) offers first-time offenders an opportunity to avoid criminal prosecution through the criminal court system. If accepted into the PTI program, a defendant will not be prosecuted, can avoid going to jail, can avoid a conviction, won’t have to pay for a trial, and will be able to have their criminal arrest record expunged. Recognizing that certain kinds of criminal behavior often leads to repeated encounters with the law, the PTI program offers rehabilitative services in an effort to reduce levels of recidivism. The PTI program addresses underlying personal and socio-economic realities that create conflict and distorted ethical incentives. As a result, the PTI program helps first-time offenders link to  develop an understanding of underlying issues associated with cultural, social, and economic issues that lead to destructive, criminal behavior.

Who is Eligible for the Pretrial Intervention Program?

Not all first-time offenders are eligible to participate in the PTI program. While each case is different, participation in the PTI program is governed by the following considerations:

  • First-time offender without a prior criminal record
  • The age of the defendant – PTI is for adults, not juveniles
  • Defendants charged with an indictable offense, often non-violent in nature
  • The intention or motivation of the defendant in committing the crime
  • The wishes of the victim and society’s interests
  • Parolees and those on probation are usually excluded from PTI
  • Defendants who have previously participated in a diversionary program are usually excluded
  • Defendants charge with 1st and 2nd degree felonies are usually excluded

How does the Pretrial Intervention Program Work?

If accepted into the PTI program, a defendant will be placed under supervision of the probation department for one to three years. Participants will be expected to submit to random urine tests and agree to pay mandatory financial penalties. In some cases, a participant may be required to perform community service, submit to drug and alcohol treatment, undergo a psychological evaluation, and pay their victims restitution. After the successful completion of the PTI program, the original charges against a participant are dismissed and no record of a conviction recorded.

Should a participant fail to complete the PTI program, he or she is terminated from the program and their case is returned to court for trial.

Applying for the PTI Program

An application must be filed with the Criminal Case management Office in the county where you have been charged. A $75.00 application fee is required. You should contact a criminal defense attorney as soon as possible after your arrest to determine if you qualify for PTI and when you should apply. An application can be filed any time after the filing of charges. However, once you have entered a formal plea, your application should be filed no later than seven days after your original plea. Someone from the Criminal Division of the Superior Court will interview you and a written report will be prepared indicating the decision to admit or reject you into the PTI program. The prosecutor and your defense lawyer will receive a copy of this report. If the Criminal Division recommends your admittance and the prosecutor agrees, you will be required to abide by the conditions set forth in your PTI program.

If you are not accepted, you can appeal the decision to the Presiding Judge of the Criminal Court Division.

Questions? Contact Cherry Hill PTI Attorney Steven A. Traub

If you’ve been arrested for the first time and charged with an indictable offense, you should talk to an experienced criminal defense lawyer about the PTI program. If the court grants your request to enter the program, you can avoid a criminal trial, conviction, and jail while receiving help to avoid a run-in with the law later. For more information regarding the PTI program, contact Cherry Hill criminal defense lawyer Steven A. Traub today.

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New Jersey Traffic Violations Attorney

Posted on July 12, 2011 by glmain

Avoid Unnecessary Court Appearances in Municipal Court
Save Time, Money, and Points on your Driving Record

No matter who you are or what you do, your time is valuable to you. The last thing you want to do is spend time in a municipal court attempting to resolve a traffic ticket. Unfortunately, many of the hundreds of thousands on recipients of New Jersey traffic tickets do just that. It is not uncommon to arrive at the municipal court to find standing room only crowds, with lines extending from the courtroom into the parking lot. As a former Municipal Court Administrator and a Superior Court Executive charged with oversight of many of New Jerseys municipal courts, I want to offer some tips designed to save you time and minimize your inconvenience.

Obviously, if you pay your ticket, you will not have to come into physical contact with the court and you will avoid any inconvenience, except of course the inconvenience of writing a check to the court, paying increased auto insurance premiums, and putting you driving privileges in jeopardy. Please do not do this until you have had a free consultation with an attorney to find out if there may be a better way to resolve your ticket(s).

For example, one of the most frequent types of tickets issued in New Jersey are “credential” offenses – failure to produce a driver’s license, a registration, or an insurance card. There are no points involved and many people simply pay these $180.00 tickets on-line, by mail, or at the court office. Did you know that if you plead not guilty and appear in court with your credentials (without a lawyer), the charge will most likely be dismissed with court costs of $33.00?  Also, if you have two or more tickets for multiple offenses, a lawyer from our office will, more often than not, be able to get one or more tickets dismissed through the plea bargaining process that is permitted in the municipal courts; saving you time, money, (fines, costs, motor vehicle surcharges, and increased insurance premiums), and motor vehicle points

If you do intend to go to court yourself to contest a minor traffic ticket, such as a “credentials” violation, or speeding less than 15 miles over the speed limit, please make sure that you contact the court seven days before the scheduled court date to enter a “not guilty plea” (it’s on the back of the ticket). When you do this, you will be given a new court date. If you do not do this, and instead appear in court on the date at the bottom of the ticket, you will enter a “not guilty plea” before the judge, and you will be advised that your matter will not be heard that day, and that  you will be notified when to return. If you contact the court less than seven days in advance and the court refuses to give you a new court date, call our office at least one day in advance of the court date and we should be able to get you a postponement.

Please be sure to arrive at court on time. If you arrive late and miss the “call of the list,” you more than likely will not be called until the end of the list.

If you are charged with a serious traffic violation such as DWI, Driving with a Suspended License or Registration, Unlicensed Driver, No Insurance, Leaving the Scene of an Accident, the date on the bottom of your ticket is a first appearance date. At the first appearance, the Judge will advise you of the charges against you, the penalties you may be facing, your right to plead guilty or not guilty, and your right to counsel. If you hire an attorney prior to the first appearance date, your attorney can waive your appearance and you will not have to appear.

If you are represented by a lawyer, you should know that the New Jersey Court Rules require the Judge to call cases with attorneys before cases without attorneys (pro se). This is because lawyers generally need to be in more than one court on any given day.

If you are not a resident of New Jersey and wish to plead not guilty, you may be able to do so without appearing in court, if you are represented by a lawyer. Remember that if you pay a traffic ticket in New Jersey, the New Jersey Motor Vehicle Commission will notify your home state, and it is up to your home state to take action against your driver’s license. Also, if you ignore a New Jersey traffic ticket, the NJ MVC will suspend your privilege to drive in New Jersey and will notify your home state of the suspension.

For more information, call us at 856-751-1288; or check out our website http://www.tandtlawoffices.com/

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Cherry Hill, New Jersey DUI Drunk Driving Attorney

Posted on June 22, 2011 by glmain

The consequences of a DWI in the state of New Jersey are more serious than most people realize. Depending on your blood alcohol content (BAC) at the time of your arrest and whether or not you’ve been convicted on a DWI charge within the last 10 years, you face suspension of your license, expensive fines and motor vehicle surcharges, and 180 days in jail for a third or subsequent conviction. Additionally, the cost of your driver’s insurance will increase substantially.

Given the serious nature of DWI convictions, it’s important to consult a DWI defense lawyer. Depending on your driving record and the circumstances of your case, it may be possible to have the charges or sentence against you reduced. If mistakes were made during your DWI arrest, for example no probable cause to stop your vehicle or a malfunction of the breath testing equipment, the charges may be dismissed.

Drunk Driving Penalties in New Jersey

If you’re convicted on a DWI charge in New Jersey, you face the following penalties:

  • First DWI Conviction (BAC = .08% – .10%): a minimum jail sentence of 12 to 48 hours with the possibility of a 30 day jail sentence at the discretion of the judge; a $250 to $400 fine; a three month suspension or your license; a DMV surcharge of $1,000 for three years paid to the state of New Jersey.
  • First DWI Conviction (BAC = .10% or higher or involving drugs): a minimum jail sentence of 12 to 48 hours with the possibility of a 30 day jail sentence at the discretion of the judge; a $300 to $500 fine; the suspension of your license for 7 months to a year; the installation of an ignition interlock device (at your own expense) 6 months to a year after your license has been reinstated.
  • Second DWI Conviction: a minimum 48 hours in jail with the possibility of 90 day jail sentence; a $500 to $1,000 fine; 30 days of mandatory community service; the suspension of your license for two years; the installation of an ignition interlock device (at your own expense) for one to three years after your license has been reinstated; a two-year revocation of your registration.
  • Third DWI Conviction: a 180 day mandatory minimum jail sentence; a $1,000 fine; the loss of your license for 10 years; a DMV surcharge of $1,000 for three years, paid to the state of New Jersey; the installation of an ignition interlock device (at your own expense); a ten year revocation of your registration.

A Failed Breath Test Doesn’t Necessarily Mean You’re Guilty of DWI

There are a number of questions that must be asked in any DWI arrest: did the police have reasonable suspicion to pull you over? Did the arresting officer perform the field sobriety test according to the requirements of the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual? If you were given a breath test, did the police officer wait 20 minutes before administering it? Was the machine properly calibrated and in good working order? If blood was drawn, was whole blood, serum, or plasma used and was it centrifuged? Did a “salting out” agent artificially inflate the results?

If you are charged with driving under the influence of drugs, were either a urine or blood sample taken and were you interviewed by a police officer who has been certified as a Drug Recognition Expert (DRE). If not there is a good chance that State will be unable to prosecute and the charge may be downgraded or dismissed.

A previously mentioned, a mistake or departure from proper procedure during a DWI arrest may be grounds for having the charge against you thrown out. That’s why it’s important to discuss your case with an experienced DWI defense attorney before pleading guilty or agreeing to a deal offered by the prosecutor.

Interested in Discussing Your DWI with a Cherry Hill DWI Defense Attorney?

A conviction for drunk driving in New Jersey is a serious matter that can complicate your life in ways you’ve never imagined, especially if you’ve been convicted of a DWI within the last 10 years. To discuss your case and learn how we can help you avoid losing your license, contact Cherry Hill DWI Defense attorney Steven A. Traub today.

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Cherry Hill, New Jersey Expungement Attorney

Posted on May 16, 2011 by glmain

In today’s competitive job market, it’s important to present yourself in as competitive a light as possible. If you’ve been convicted of a felony, misdemeanor, possession of drugs with intend to distribute (3rd degree), marijuana drug possession, disorderly conduct, shoplifting, and local ordinance violations, you may be able to remove it from your record. Even if you were found “not guilty” of a crime or the charges against you were dismissed, your arrest will still stay on your record. As a result, your ability to find a job, qualify for a commercial driver’s license, rent an apartment, or work for the government could be adversely effected by your earlier conviction or arrest. For these reasons, it’s important to talk to an experienced criminal expungement attorney who can evaluate your conviction(s) and determine if you qualify for an expungement.

What can be Expunged?

In general, the following kinds of criminal convictions can be expunged after the period of time indicated has elapsed:

  • Juvenile Offense: 5 years after completion of supervision
  • Felonies: 10 years after completion of sentence. A felony conviction may be expunged in as few as five years if certain conditions are met. Contact Steven Traub Esq. to see if you qualify for early expungement.
  • Petty Disorderly Persons: 5 years after completion of sentence
  • Disorderly Persons: 5 years after completion of sentence
  • Municipal Ordinances: 2 years after completion of sentence
  • Possession of a Controlled Dangerous Substance:  years after completion of sentence
  • Possession of Marijuana: First time offenders who participate in a diversion program can expunge the record of their arrest 6 months after successful completion of the program.
  • Felony convictions dismissed after participation in Pre Trial Intervention Program: 6 months after dismissal
  • Arrests that do not result in a conviction: Immediately eligible for expungement

Violent felonies or ones that involve the endangerment of a child when sexual contact or child pornography is involved are not eligible for expungement. Some examples of convictions that are not eligible for expungement are the following:

  • Rape, aggravated sexual assault
  • Kidnapping
  • Criminal restraint
  • Luring, enticing
  • Criminal homicide
  • Perjury
  • False imprisonment
  • Robbery
  • Distribution of a controlled substance or possession of a controlled substance with the intent to distribute (1st and 2nd degree)

The Expungement Process

While each case is different, typically an expungement hearing will be scheduled anywhere from 30 to 60 days after your petition is filed. Overall, the expungement process requires three to six months to complete. You will not be required to appear in court unless the Attorney General, Chief of Police or the Superintendent of the State Police objects to your petition. After the court reviews and approves your expungement petition, the criminal conviction or arrest in question will be removed from your criminal history. Consequently, if you don’t have other criminal convictions on your record, you can answer “no” to questions that ask if you’ve ever been convicted of a crime.

Contact Cherry Hill, New Jersey Expungements Attorney Steven A. Traub

Don’t let an earlier “youthful indiscretion” or mistake complicate your life – contact Cherry Hill, New Jersey expungement attorney Steven A. Traub today to discuss your case and the options available to you.

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Shoplifting is Not Necessarily a Minor Offense

Posted on April 14, 2011 by glmain

Cherry Hill, New Jersey Shoplifting Attorney

When most people think of shoplifting, they think of kids or teenagers stealing candy or CDs. As a result, there’s a perception that shoplifting isn’t that serious of a crime.  In fact, many people who shoplift have no intent to do so when they enter the store, and are at a loss to explain why they shoplifted.  In reality, however, shoplifting is a serious matter and can lead to serious complications in a person’s life. For example, while theft under $200 typically results in a misdemeanor charge of disorderly conduct, in New Jersey penalties for a shoplifting conviction are subject to gradation. As a result, depending on the value of the goods stolen, you could face jail, expensive fines, and a permanent criminal record if convicted for shoplifting.

Penalties for Shoplifting in New Jersey

In general, if the value of the merchandise involved is less than $200, a shoplifting offense will result in a disorderly person charge. If the value of the items stolen is between $200 and $500, you face a fourth degree indictable offense. Shoplifting involving merchandise valued at $500 to $75,000 is a third degree indictable offense. Shoplifting cases involving merchandise valued in excess of $75,000 is a second degree indictable offense.

While first time offenders likely face some sort of community service, indictable offenses are always subject to the jail time indicated for them under the criminal code. Consequently, even if this is your first shoplifting offense, you could face jail time depending on the value of the merchandise involved.

Shoplifting at the Mall – A More Serious Charge than You May Realize

Under New Jersey law, prosecutors can choose to combine the value of merchandise involved in a shoplifting case. This means if someone is arrested for shoplifting at the mall, if he or she stole items from different stores the value of those items can be aggregated. As a result, if a defendant stole $60 worth of goods at Kohl’s, $80 from Macy’s, $20 from Barnes and Noble, and $80 from Bath and Body Works, the combined value would total $240 – an indictable offense.

Here, although the defendant may have been arrested in Kohl’s for stealing $60 worth of shoes, he or she could, in the end, face jail time after the value of the items stolen is aggregated. So, what may initially look like a minor disorderly persons charge can quickly turn into an indictable offense if the prosecutor decides to combine the value of the items stolen. In practical terms, if the value of the merchandise is in excess of $500, the defendant could face 3 to 5 years in prison.

Contact Cherry Hill, New Jersey Shoplifting Attorney Steven A. Traub

Shoplifting is not a minor offense – even if you are ultimately charged with a disorderly persons charge. A conviction for shoplifting can follow you for years to come and create difficulties when applying for a job – especially if you are interested in working in the financial or banking industries.

Before talking to prosecutors about a plea bargain, talk to an experienced shoplifting defense attorney who can explain the charges against you, discuss your options, and help you reduce or dismiss the charges against you. To schedule a confidential consultation to discuss your case, contact Cherry Hill criminal defense lawyer Steven A. Traub today.

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Traffic Tickets in New Jersey

Posted on March 10, 2011 by glmain

Cherry Hill, New Jersey Traffic Tickets Attorney

Everybody speeds now and then – right?  So what’s the big deal if you get a speeding ticket? Traffic tickets are not like they were a generation or two ago. Now, traffic tickets – especially speeding tickets – can count as points against your license. Additionally, the rise of computers and a “wired world” has brought an increase in communication and the availability of information. As a result, insurance companies can gather information about speeding tickets and serious traffic offenses quicker than most drivers realize. Now, paying a speeding ticket and quietly going about your business isn’t as easy as it once was. You’ll see your insurance premiums increase and, depending on the nature of your traffic ticket, may even have difficulty finding an insurer who will agree to cover you.

Speeding Tickets in the State of New Jersey

If you receive 12 or more points against your license, your license will be suspended. In New Jersey, a number of traffic offenses count as points against your license. In the case of speeding, driving 1 to 14 mph over the speed limit counts as 2 points against your license. Driving 15 to 29 mph over the speed limit counts as 4 points against your license while anything over 30 results in 5 points against your license. In cases involving excessive speeding, under N.J.S.A. 39:4-96, an officer can ticket you for reckless driving as well, resulting in an additional 5 points against your license.

A Speeding Ticket Versus an Unsafe Driving Charge

Under N.J.S.A. 39:4-97.2, a speeding ticket can be changed to an unsafe driving charge, commonly referred to as a “97.2.” If the court agrees to amend your speeding ticket to an unsafe driving charge, you can avoid having points counted against your license (though you will pay a fine and a motor vehicle surcharge.) Under New Jersey law, however, a driver can only plead guilty to an unsafe driving charge twice within a 5-year period. A third plead will result in 4 points against your license.

Traffic Tickets and Points against Your License

While there are a number of traffic offenses that result in points taken against a driver’s license, the following represent some of the more common and serious offenses:

  • 39:4–35    Failure to yield to pedestrian in crosswalk  2
  • 39:4–52    Racing on highway 5
  • 39:4–57    Failure to observe direction of officer 2
  • 39:4–83    Failure to keep right at intersection  2
  • 39:4–85    Improper passing on right or off roadway   4
  • 39:4–85.1 Wrong way on a one-way street  2
  • 39:4–86    Improper passing in no passing zone  4
  • 39:4–87    Failure to yield to overtaking vehicle  2
  • 39:4–88    Failure to observe traffic lanes  2
  • 39:4–89    Tailgating  5
  • 39:4–90    Failure to yield at intersection  2
  • 39:4–91–92  Failure to yield to emergency vehicles   2
  • 39:4–96    Reckless driving  5
  • 39:4–97    Careless driving  2
  • 39:4–105  Failure to stop for traffic light  2
  • 39:4–115  Improper turn at traffic light  3
  • 39:4–119  Failure to stop at flashing red signal  2
  • 39:4–123  Improper right or left turn  3
  • 39:4–128.1  Improper passing of school bus  5
  • 39:4–129  Leaving the scene of an accident – no personal injury 2 – Personal injury 8

Avoid Unwanted Complications – Contact Cherry Hill Traffic Ticket Attorney

Most people think simply mailing in a traffic ticket or pleading “guilty” is the easiest way to take care of the problem. While in some cases this may be your best option, if the ticket involves substantial points against your license it’s best to discuss your case with an experienced traffic ticket attorney first. Depending on the circumstances of your case, it may be possible to have the charges or sentence against you reduced. In the end, this could mean the difference between retaining your driving privileges and paying affordable car insurance premiums and having your license suspended and not being able to afford car insurance at all.

To learn how we can help you, contact Cherry Hill, New Jersey traffic ticket attorney Steven A. Traub today.

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