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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. […]

Drug manufacturing is a serious crime and the associated penalties prove that fact. If you are facing drug manufacturing charges you could be pinned with extensive fines and a lengthy jail sentence. Speak with a Bergen County, New Jersey drug crime lawyer today to discuss your options for your case. What Drugs Are Considered CDS? Certain drugs are labeled CDS (controlled dangerous substances) if they have a high risk for abuse or addiction. When drugs are classified as controlled substances it is illegal for them to be sold or distributed unless it is by an authorized lawful provider, like a doctor or pharmacist. CDSs are divided into five schedules, Schedule I, II, III, IV, and V. Schedule I drugs pose the most risk and do not have any accepted medical use in the United States. These can include LSD, heroin, or ecstasy. Schedule II and below are of less danger and can be prescribed for certain conditions or diseases, such as fentanyl, methamphetamine, Dilaudid, and oxycodone. Any of the above drugs are protected under drug laws in New Jersey. Manufacturing, producing, or distributing them without legal authority to do so is considered a crime and can be prosecuted. How Does […]

The use of technology is becoming an increasingly popular way to commit crimes. A crime that is committed using the internet can be considered a computer crime, also known as a cybercrime. They are especially dangerous because of their anonymous nature. Cybercrimes are punishable by fines and even imprisonment. If you are being charged in a computer crime case, speak with a Bergen County, New Jersey criminal defense lawyer to discuss how to best defend your case. What Are Computer Crimes? Computer crimes encompass a wide variety of illegal activity. A computer crime could be considered anything unlawful that is committed with the use of the internet or technology. Cybercrimes occur when a person uses a computer as a tool to commit a crime, stores illegal content from a crime on their computer, or illegally targets another computer or network. Any technological device can be included in these definitions, such as a smartphone, tablet, etc. Examples of computer crimes include: Hacking and accessing restricted information Phishing and other scams Identity theft Credit card or debit card fraud Cyberstalking and harassment Spreading viruses or other malware Child pornography Any of the above or other cybercrimes can be prosecuted, resulting in a […]

Having a stalker can be scary and damaging both mentally and physically. Stalking is considered a serious crime in New Jersey and the consequences can be severe, including hefty fines and even a prison sentence. If you are facing stalking charges, a skilled Bergen County, New Jersey criminal defense lawyer can offer experienced representation and legal advice. What is Considered Stalking? Under New Jersey state law, stalking is the crime of continuously maintaining visual or physical proximity to a person or threatening or harassing them. This can entail following the person, monitoring them, observing them, or contacting them when they do not want you to. This conduct has to have occurred more than once to be considered stalking. The stalker is purposefully engaging in behavior that causes a person to have a reasonable fear for their safety or their loved ones’ safety. Some examples of stalking can include the following: Following a person or tracking their location physically or virtually Sending unwanted gifts to a person Sending threats to a person or their friends/family Damaging a person’s personal property Obtaining an excessive amount of personal information about a person Communicating with a person through unwanted phone calls, text messages, emails, […]

The loss of human life can be tragic and untimely. A person who contributes to the death of another may be convicted of homicide. Penalties for homicide cases are some of the most intense out of any crime. If you are being charged with homicide you will want to acquire the services of a lawyer and discuss what defenses you may use to reduce your charges. An experienced Bergen County, New Jersey criminal defense lawyer can offer skilled legal representation and advice. What is Homicide? Homicide is the killing of a person by another. It is one of the most serious crimes that can occur as it involves the tragic loss of human life. There are generally three types of criminal homicide recognized by New Jersey state law: reckless manslaughter, aggravated manslaughter, and murder. When a person commits reckless manslaughter they are committing a second-degree indictable crime. Their negligence or reckless behavior resulted in the death of another person. Also a second-degree offense, heat of passion manslaughter is recognized by the state of NJ as well. It is comparable to voluntary manslaughter where the defendant killed the other person purposefully but it was not planned and they were provoked into […]

If you can’t afford to pay your taxes it can feel overwhelming and scary. You might be spiraling thinking of the potential repercussions you might face from the IRS (Internal Revenue Service). However, try not to panic. If you can’t afford to pay there are steps you can take to resolve the issue. We understand that financial situations can be complicated and tricky. For more information and assistance regarding tax payments, a skilled Oradell, New Jersey lawyer can help. What Are My Options if I Can’t Afford to Pay Taxes? If your financial situation does not allow you to pay the taxes you owe in full or in a timely manner, you have a few options. You should always file a tax return even if you are unsure if you will be able to pay. If you can’t afford it, contact the IRS to explain your situation. They will evaluate your income, dependents, expenses, ability to pay, and overall financial situation. If they agree that it is impossible for you to pay the amount now they can generally offer you two options. First, you can set up a payment plan. With a payment plan, you are able to pay your […]

With newfound technology like online banking and e-commerce, credit card fraud has become a common and detrimental problem across the United States. If someone manages to steal your credit card information or hack into an account, they can have access to your finances and private information. The crime can have severe consequences for the victim and the associated penalties reflect this fact. If you or someone you know requires legal representation or assistance regarding credit card fraud charges, a Bergen County, New Jersey theft lawyer can help. What Types of Credit Card Fraud Exist in NJ? New Jersey takes credit card fraud very seriously and has strict laws regarding the subject. NJ state laws touch upon three different categories of credit card fraud. Those categories are making false statements to obtain a credit card, credit card theft, and the fraudulent use of credit cards. Different kinds of credit card theft and fraudulent use are umbrellaed under the last two categories. The definitions and requirements are as follows. False statements to obtain a credit card: Someone purposefully makes a false statement in writing for the purpose of being issued a credit card. The lie could be related to their identity, income, […]

New Jersey state law dictates that it is illegal for a person to possess and/or distribute certain prescription drugs without a valid prescription. A valid prescription can come from any medical practitioner who is certified or licensed and has the legal ability to prescribe medication. Being convicted of possession or distribution of controlled substances is a serious crime that can be met with severe consequences. If charged and convicted you will surely walk away with life-changing penalties including a criminal record that can make it difficult to find work or housing. If you are facing drug-related charges, a skilled Bergen County, New Jersey drug crime lawyer can offer you sound legal advice and experienced representation. What Drugs Require a Prescription in NJ? There is an innumerable amount of drugs that can be prescribed by a medical professional. Some you can find over the counter in lower doses or with another name. Some, however, are what is known as a CDS (Controlled Dangerous Substance). There are generally five tiers of controlled substances, Schedule I through Schedule V. Schedule I drugs are highly addictive and have no recognized medical use in the United States. A Schedule II, III, IV, or V CDS […]