Month: November 2023

Currently, courts can issue warrants to obtain social media information through Communication Data Warrants. The ubiquity of social media has led to New Jersey courts allowing the prosecution to gather information about defendants through social media. Communication Data Warrants can be used to gather information against defendants as well as when police want access to the contents of digital communications. Just how far do these new stipulations go, and what are your rights today? Read this blog post to find out, and contact an experienced Bergen County criminal defense lawyer immediately if you’ve been accused of a crime. Privacy as a Fundamental Right in the United States Privacy as traditionally conceived is a fundamental right which the Supreme Court has protected in cases like Berger v. United States 288 U.S. 21 (1967). In Berger, the court held that a statute allowing the police to wiretap and bug people’s homes and offices was unconstitutional. This was both because of the unduly wide discretion it gave the police, as well as because of the contradictorily secretive quality of wiretaps being used through a search warrant when warrants are supposed to notify the subject about the police search. Subsequently, Congress concretized Berger through […]

When stopped by a police officer in New Jersey and asked to take a chemical test, you must do so, unless you are prepared for the legal ramifications of refusal. These chemical tests could be blood, urine, or breath tests, with breathalyzers being a popular test, meant to determine if you are intoxicated with drugs or alcohol. If you use a public road, it is legally understood that you accepted the necessity of taking a chemical test upon a police officer’s request. The rules about field sobriety tests, as opposed to chemical tests, are rather different. Unlike chemical tests, field sobriety tests are tests of coordination and balance. Unfortunately, it is that same focus that can render them unreliable. Medical conditions and even weather conditions can affect your performance on a physical test regardless of whether you are or are not intoxicated. This blog post will give an overview of field sobriety tests. For personalized answers to specific DWI questions, don’t hesitate to reach out to a Bergen County DUI lawyer as soon as possible. Why Are Field Sobriety Tests Used? Chemical tests are meant to analyze the amount of a substance in your body. These can be unreliable insomuch […]

When it comes to underage drinking, New Jersey has enacted a zero-tolerance policy. While adults must have their blood alcohol concentration (BAC) at 0.08%, even 0.01% is sufficient to charge a minor. A BAC limit of 0.01% may be equivalent to a single drink for some people. Possession of alcohol by minors can also be punished by law. This blog post will discuss exceptions to these laws, penalties for breaking New Jersey’s DWI laws, and the negative future consequences of a DUI conviction beyond those directly imposed by a court. If an underage driver in your family is accused of a DUI, don’t wait and call an experienced Bergen County, New Jersey DUI lawyer today. Exceptions to New Jersey’s Tough DUI Laws Before we get to the legal penalties for underage drunk driving, it will be useful to review some exceptions. Although the legal drinking age in New Jersey is 21, there are exceptions. For instance, it may deemed legally acceptable if the minor is on private premises, that do not sell alcohol, and their legal guardian agrees. Other exceptions include consuming alcohol for medical, religious, or educational purposes. Penalties for a New Jersey Underage DUI Just like the blood […]

New Jersey doesn’t consider burglary a violent crime like it does robbery, because burglary is understood to be force used to acquire an object and not force used against a person. Even so, burglary charges can carry consequences to the tune of $15,000 in fines and up to ten years in prison for the worst offenses. Do you find yourself struggling to shoulder a burglary charge? Contact a Bergen County criminal defense lawyer right away. We’ll help you understand your options. We are experienced defense lawyers and we won’t rest until we get you the best result possible. What Is Burglary Exactly? How Does New Jersey Law Define It? The Garden State defines burglary in the New Jersey Burglary Controlling Statute N.J.S. 2C:18-2. The elements of a burglary charge that the prosecution must prove are: With an intent to commit a crime You entered a structure that was either off-limits entirely, or you entered an off-limits area of a public space You remain there despite knowing you don’t have permission OR you trespass on utility company property despite there being visible, noticeable signs that others shouldn’t enter, like signs or fencing. Typically, New Jersey courts consider burglary a third-degree offense, […]

The potential punishments for DUIs are hefty. Receiving one such charge in your home state is often problematic enough, but if you are declared guilty of an out-of-state DUI, the situation may be even more worrying. Depending on the circumstances, you may end up facing consequences in two states. Consult with a Bergen County, New Jersey DUI lawyer if you have been charged with driving under the influence. Our law office has extensive experience with traffic defense cases like DUIs and will do our utmost to get your charges dismissed. Understanding DWIs, DUIs, and DWAIs in New Jersey There are two main abbreviations used in the United States for the action of consuming a substance that alters your ability to receive and process sensory information for a limited time: DWI and DUI. DWI is short for driving while intoxicated and DUI is short for driving under the influence. Usually, the substance being referenced is alcohol, but other substances like prescription medicine and controlled drugs also fit under the definition of the law in New Jersey. What Happens if I Get an Out-of-State DUI? Most states belong to the Interstate Driver’s License Compact, otherwise known as the IDLC. However, this compact […]