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New Jersey state law takes drug charges extremely seriously. Penalties can be severe and if convicted you could face thousands of dollars in fines, years of imprisonment, and various other consequences. Several defenses have proven effective for individuals facing drug charges, particularly stemming from a traffic stop. Below are some of the best defenses to use during a drug case. Read on and discuss your legal options with an experienced Bergen County, New Jersey drug crime lawyer today. 1. Illegal Traffic Stop Police officers can only conduct traffic stops when they have a valid reason to do so. This can include a reasonable suspicion that the driver is unlicensed, a reasonable suspicion that the vehicle is unregistered, an observation of illegal driving practices, an observation of unlawful physical characteristics of the car, etc. If the law enforcement officer did not have a legitimate reason to pull you over then they conducted an illegal stop. Any evidence gathered during the illegal stop will be deemed inadmissible. 2. Unlawful Search and Seizure Individuals are protected from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution. This law states that officers cannot search or take a person’s personal property […]

Driving under the influence (DUI) is a traffic violation in New Jersey. Although it is not a criminal offense, the penalties can be severe. Drivers can face fines, jail time, community service, and more. One of the most common consequences is the required use of an ignition interlock device (IID). Work with a Bergen County, New Jersey DUI lawyer to learn whether or not you will be required to install an IID and your legal options. What is an Ignition Interlock Device and How Does it Work? An ignition interlock device is a small breathalyzer installed in a person’s vehicle. The breathalyzer connects to the car’s ignition system and controls whether or not the vehicle will start. The driver must blow into the device to prove that they are sober before starting the car In NJ the IID generally requires a blood alcohol content of 0.05% or less. Without a clean breath sample, the car will not start. The IID will beep and request another breath sample about 10 to 15 minutes after the car is turned on and then at random intervals throughout the journey. The vehicle will not shut off on its own if the driver fails to […]

New Jersey imposes severe penalties for any DUI conviction, but particularly for repeat offenses. An individual convicted of a third DUI in NJ will surely lose their license for a period of time and the length of the suspension will vary depending on the details of the situation. If you or someone you know are being charged with a third or subsequent DUI it is important that you contact a knowledgeable Bergen County, New Jersey DUI lawyer. Speak with an attorney today to discuss your rights and legal options. What Are the Penalties for a Third DUI in NJ? New Jersey takes intoxicated driving seriously, and the penalties for a conviction reflect that. While the consequences for a first or second-offense DUI are still punishing, the severity of a third offense will be significantly more notable. It is important to note that if 10 or more years pass between DUIs, they are not considered repeat offenses. However, a second DUI within 10 years of the first and a third DUI within 10 years of the second will yield harsher consequences. The penalties for a third DUI conviction within 10 years of the second are as follows. Fines of $1,000 180-day […]

New Jersey courts take any allegation of domestic violence extremely seriously. A law enforcement officer who responds to a complaint of domestic abuse is required to arrest the suspect if the person who made the complaint shows any signs of injuries. Restraining orders and criminal charges will follow quickly after. If you have been falsely accused it is important to defend yourself against your domestic violence charges. At the Law Office of Gregory E. Cannarozzi, we understand the delicate and serious nature of an accusation of this magnitude. A Bergen County, New Jersey domestic violence defense lawyer can guide you through the legal process and help you build an effective defensive strategy. Contact an experienced attorney today. What is Domestic Violence? Domestic violence is any type of physical, emotional, sexual, financial, or other abuse that occurs between two members of a domestic relationship. Whether the individuals are spouses, former romantic partners, parent and child, etc., any abuse between the parties can be classified as domestic violence. How Can A Lawyer Help Me Defend Domestic Violence Charges? The most important ways that your legal team will help you defend against these false charges is by: Preventing or lifting a restraining order […]

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 […]

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 […]