Possession of Marijuana Case Dismissed

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On February 16, 2017, I appeared in the Vicinage 2 Municipal Court on behalf of my client who was charged with Possession of Marijuana under 2C:10-A(4) in Teaneck. I previously asked the judge to set a deadline pursuant to State … Continued

Driving While Suspended: Do You Need a Lawyer?

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I have been approached by people who were ticketed for driving while suspended (39:3-40) and went to court without a lawyer. They were caught unaware when the judge suspended their license for another period of suspension or were even sentenced … Continued

Can You Be Guilty of Leaving the Scene of an Accident Without Making Contact?

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In a case of first impression, the New Jersey Appellate Division upheld the defendant’s conviction of leaving the scene of an accident even though the defendant may not have actually made contact with the victim. In State v. Sene, the … Continued

DWI and Child Endangerment in New Jersey

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In New Jersey, if you are charged with DWI and a child is present in the car, you could also be charged with endangering the welfare of a child under 2C:24-4. DWI and child endangerment charges are both very serious. … Continued

NJ Supreme Court Overturns Murder and Manslaughter Convictions

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On August 17, 2015, the New Jersey Supreme Court overturned the murder and manslaughter convictions in State v. Michael A. Maltese. In this case, the defendant was accused of killing his parents. The defendant was read his Miranda rights and … Continued

NJ Appellate Division Rules Miranda Rights Were Violated

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On July 6, 2015, the New Jersey Appellate Division reversed the conviction of Terrance Atkins and remanded the case for a new trial. Atkins was arrested for various drug and weapons charges after a traffic stop. The Court found that … Continued

Supreme Court: Paraphernalia Conviction Does Not Trigger Deportation

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On June 1, 2015, the United States Supreme Court ruled that a conviction for the possession of drug paraphernalia does not trigger removal (deportation) under §1227(a)(2)(B)(i). §1227(a)(2)(B)(i) reads: “Any alien who at any time after admission has been convicted of … Continued

Step Down in Penalties for Refusal Conviction with Prior DWIs

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If a defendant is convicted of a second or subsequent DWI conviction 10 years after the prior conviction, he or she is entitled to a “step down” in penalties. This means that the defendant gets sentenced to lesser penalties than … Continued

Is A Disorderly Persons Offense A Crime In New Jersey?

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The short answer is “yes.” Disorderly persons offenses fall under the 2C Code of Criminal Justice and a conviction would appear on your background check. Offenses in New Jersey that are considered felonies in other states are referred to as … Continued