Month: January 2024

A great deal of research has been done on the historically unjust nature of drug possession penalties in the United States. We know, for instance, that the less addictive and costly crack received higher penalties than the comparatively more addictive, harmful, and expensive cocaine, largely in part due to the racist societal perception of cities and crack users as “lawless” and “dangerous,” as compared to higher income neighborhoods where cocaine predominated. Partially in recognition of harmful legacies like these, the New Jersey legal system has implemented a couple of programs to address cocaine and other drug possession charges from a more rehabilitative, rather than punitive, perspective. Keep reading to learn more about these measures, and call a Bergen County drug crime lawyer immediately if you are facing charges for drug possession. How Is Cocaine Possession Punished in New Jersey? In countries like Mexico, Peru, and Brazil, cocaine possession up to a certain amount is legal. This is in part because of deeply rooted indigenous traditions involving the use of the coca leaf in agriculture, from which cocaine can be made. In the United States, by contrast, cocaine possession is illegal, and this includes New Jersey. N.J.S.A. 2C:35-10 indicates that any […]

New Jersey, like most states, has thousands of pages outlining in detail its criminal code. New Jersey statutes cover all sorts of conceivable wrongful behavior. Despite the extensive number of those laws, every single law and every single crime enumerated has a single thing in common: if a defendant can be found guilty of it, the defendant can also be found innocent of it, depending on the circumstances. How would a Bergen County criminal defense lawyer help you in court? Our firm has used several winning criminal trial defense strategies, but this blog will address three frequently used ones. Criminal Trial Defense Strategy #1: Question the (Lack of) Evidence In criminal cases, the burden of proof is “beyond a reasonable doubt.” Some standards are less strict, like “preponderance of the evidence,” which is used in civil cases and only requires showing a more than 50% chance the party’s argument is correct. “Beyond a reasonable doubt,” however, requires the state to show that there is no other reasonable explanation besides that offered by the prosecutor. Because of this, one of the most crucial things a defense lawyer can do is make sure the state holds to that burden of proof. Although […]

For there to be justice, everyone needs to be accountable for what they do. However, sometimes additional information can provide important context for why people do what they do. To ignore relevant information would be to invite injustice in another form. Therefore, if someone commits a criminal act but their understanding and perception are altered by the presence of a mental illness, the justice system may treat that person differently from someone who fully comprehended the harmful actions they took and meant to cause harm. Even so, it can be difficult to succeed on an insanity defense. Read on to learn what an insanity defense is and how a Bergen County criminal defense lawyer can help you when mental health difficulties tragically contribute to you being charged with a crime. The M’Naghten Test for an Insanity Affirmative Defense It is illegal for a defendant to stand trial if they are not capable of understanding what is happening due to mental health considerations. Legally, such a defendant cannot be convicted of a crime. In these circumstances, the insanity defense can be used, so long as your lawyer can prove the required elements of the defense. The currently used standard for an […]

Most traffic violations in New Jersey begin as a ticket given by a police officer to someone for a traffic violation. Traffic violations can encompass everything from a minor, non-moving violation to a DUI (driving under the influence of drugs or alcohol) charge. And traffic violations sometimes have can also carry serious consequences up to losing your license. This blog will explain basic information that will be helpful to know about New Jersey traffic laws: what traffic violations are versus what traffic crimes are. If you have any questions about traffic law, don’t hesitate to contact a Bergen County traffic ticket lawyer. After reviewing your specific circumstances, we’ll be able to give you personalized advice. The Typical Traffic Violations Process In most cases, after someone receives a ticket, they will pay the fine and that will be the end of it. It is important to remember, however, that paying the fine means pleading guilty to whatever charges your ticket alleges. You might be more or less worried depending on the violation alleged, whether it’s something relatively light like parking next to a hydrant or a heavier concern like a DUI. Both of these are traffic violations, though punishments can be […]