Month: June 2024

As a United States citizen, you have the right to avoid unlawful searches and seizures of your person and property. However, if there is probable cause that you are involved in some sort of illegal activity, this right can be waived due to the issuing of a warrant. If you believe that your rights were violated in an illegal search and seizure or for help fighting a warrant, work with a Bergen County, New Jersey criminal defense lawyer. What is a Warrant? A warrant is a formal legal document that empowers the police or another law enforcement agency to undertake certain tasks and actions. The two main types of warrants are search warrants and arrest warrants. Search warrant: A search warrant gives law enforcement the ability to search a specific location or person for evidence related to the crime. This can include entering a person’s private home, looking through the contents of their car, and more. Arrest warrant: An arrest warrant is permission for the police to make an arrest of someone they believe is guilty of a crime. While an arrest warrant is not enough to make a conviction, while the accused is in police custody they can be […]

Breathalyzers are electronic devices used to measure the alcohol content in a person’s breath and blood. A police officer may administer the test after an accident or during a traffic stop. Getting a DUI (Driving Under the Influence) can be scary, but you may be able to fight your charges. Contact a skilled Bergen County, New Jersey DUI lawyer to discuss how you can challenge the results of a breathalyzer test. When Can A Breathalyzer Test Be Challenged? During any DUI arrest a breathalyzer will likely be used. It can be a beneficial tool for police officers to get a better understanding of a driver’s sobriety or lack thereof. However, breathalyzers are not always the most reliable or effective tools. The following defenses may work to challenge the results of a breathalyzer test. The test was tainted by other factors. Something in the driver’s mouth or around the area could have caused the test results to be corrupted. For example, if the driver used mouthwash, cough drops, or an asthma inhaler it could have caused a higher BAC level to appear. If the driver vomited or burped before taking the test it could also cause an issue in the validity […]

Restraining orders are important documents that aim to protect victims of violence, stalking, and harassment. A victim of abuse can file a petition for a restraining order to prevent further violence and distress. It can give them a sense of relief both emotionally and physically, and deter the abuser from contacting them or engaging in further violence. However, they are not foolproof. A person may decide to violate their restraining order for various reasons. This act can lead to severe consequences. If you are facing charges involving the violation of a restraining order work with a skilled Bergen County, New Jersey criminal defense lawyer. What Are the Terms of a Restraining Order? The terms and conditions of a restraining order will vary depending on where the order is filed, the judge’s determination, and the specific circumstances of the case. The following may be included in a restraining order. The defendant may not attempt to contact the victim in any way The defendant must maintain a distance between themselves and the victim, often anywhere from 50 to 100 yards The victim may be awarded temporary custody of any children shared The defendant may be required to contribute financially to the victim […]

When an inmate is granted parole it can be a significant benefit to their situation, especially if they have been serving a lengthy sentence for years. Parole allows them to serve the remainder of their sentence out of prison and in the public. They can reunite with their family, get a job, and essentially be free. There are, however, certain conditions that they must still abide by. If a person is in violation of their parole agreement, it can result in serious penalties. A technical violation is one where a person behaves in a way that disregards the terms of their agreement. A substantive violation is one where a person commits a new crime. Either way, parole can be revoked and the offender can find themselves back behind bars. To avoid this fate, work with an experienced Bergen County, New Jersey criminal defense lawyer. How Does Parole Work? In New Jersey, an inmate can become eligible for parole once they have served one-third of their sentence. There are certain circumstances where this does not apply, such as if the person was sentenced to a period of parole ineligibility or if they committed a serious infraction in the previous two years. […]