Month: July 2024

Possessing controlled substances without a valid prescription from a licensed doctor or medical provider is a serious crime in the state of New Jersey. Constructive possession, though more difficult to prove than actual possession, can result in severe penalties and repercussions. Work with a Bergen County, New Jersey drug crime lawyer for legal help during your case. What is Constructive Possession? When we think of drug possession most people will imagine a person who is caught with illicit drugs in their pocket or in the glove compartment of their car during a traffic stop. Those situations fall into a category called actual possession. However, an individual may also be charged with constructive possession. Constructive possession is used to describe a person who has ownership of an item but does not have physical control over it at the moment. For example, a person could be found to have constructive possession of illegal drugs that are located in a lockbox on the other side of the country. If the accused has a key to the safety deposit box and has access to the drugs they technically have constructive possession. The same logic applies to drugs found hidden in a person’s home or […]

Understanding your rights during a drug-related police search is crucial in ensuring that the liberties offered to you in the United States Constitution are protected. The Fourth Amendment protects individuals from unreasonable searches and seizures being conducted by law enforcement, meaning that generally, a police officer cannot search you or your property without a warrant or probable cause. However, there can be exceptions to this rule. For representation in your case and to ensure your rights are not violated work with an experienced Bergen County, New Jersey drug crime lawyer. When Can Police Conduct a Drug-Related Search? The two main ways in which a law enforcement officer can conduct a search of your property or belongings are with a warrant or probable cause. Probable cause refers to a reasonable belief of criminal activity based on observations, facts, or circumstances. A warrant is a legal authorization issued by a judge or magistrate that allows authorities to search a particular property without consent from the owner. If they can find evidence to show a judge that there is likely criminal activity going on and evidence can be located in the area, they may be approved to conduct a search. What Rights Do […]

Having a background check done can be daunting especially when you have a criminal history. Being convicted of driving under the influence means having a criminal record in many states, but not in New Jersey. A DUI conviction will not appear on a criminal background check but employers or other agencies may be able to access the information in other ways. Get the help of a Bergen County, New Jersey DUI lawyer for assistance during your case. What Are Background Checks Used For? Various organizations and people use background checks for many reasons. Background checks show a person’s identity through a collection of verified information and records. The following are common uses. A current employer or licensing agency may use background checks for regulatory purposes and to ensure that employees or license holders are maintaining good standing. A potential employer may run a background check on an applicant to evaluate their criminal history before offering them employment. Landlords and property management companies use background checks during the application process for potential renters to decide whether or not to accept them. These are the most common everyday uses of background checks that a person may come across. Laws have begun being […]

Driving while under the influence of drugs or alcohol is a serious crime and can be penalized even more severely when there is a minor in the car. A DUI charge with a child present can have life-altering consequences. For assistance and representation during your case reach out to a skilled Bergen County, New Jersey DUI lawyer. What Charges Will I Face for a DUI With a Child Passenger? A person facing DUI charges in New Jersey will be met with some unpleasant realities. The penalties are harsh because of the severity of the danger that driving while under the influence poses on not only the driver but the community and any passengers. If you are charged with a DUI with a minor passenger in the vehicle, you can be given the following penalties and more. Fines of $1,000 or more Imprisonment in a county jail for up to 6 months License suspension Mandatory use of an ignition interlock device Mandatory community service Mandatory enrollment in an Intoxicated Driver Resource Center Automobile surcharges of $1,000 for 3 years These penalties are harsh as a way to punish the driver for not only driving while under the influence but also putting […]

Plea bargains are an important part of the United States legal system. They are agreements that can be made between prosecutors and defendants in criminal cases where the defendant agrees to plead guilty to a lesser charge or to the original charge but with a recommendation for a lighter sentence. In New Jersey DUI charges are considered traffic violations, not criminal offenses, but as of recently, prosecutors may offer a plea bargain for defendants facing DUI-related charges. For more information on the new plea bargaining laws and for knowledgeable representation during your case, do not hesitate to contact a Bergen County, New Jersey DUI lawyer. How Are Plea Bargains Beneficial? Prosecutors can benefit from plea bargains particularly when they are burdened by a heavy caseload. Plea deals expedite the legal process, reduce caseloads, and provide defendants with more certainty about their future. Defendants can avoid the expenses associated with going to trial and be given a potentially lesser sentence. It can also be beneficial for a person’s public image to avoid going to court. Plea bargains can be seen as a compromise made between the prosecutor and defendant. The prosecution’s goal is to secure a conviction and the defendant’s goal […]