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Most of the United States considers driving more a privilege than a right, but even with that, the state does recognize that for most people, driving is inseparable from transportation to and from school and jobs. In trying to balance both the need for consequences with an acknowledgment of the above, New Jersey state traffic laws allow some offenders to shorten their license suspensions by agreeing to install ignition interlock devices on their vehicles. You may then be wondering what an ignition interlock device even is and how an ignition interlock device can affect the penalties you ultimately face for a DWI. Keep reading to learn all about the use of these devices and don’t hesitate to contact a Bergen County traffic ticket lawyer if you are dealing with a DUI or DWI charge. First-Time Offenders and the Ignition Interlock Device Although New Jersey wants to impress on drivers the gravity of driving while intoxicated, the state tries to balance this with some amount of leeway for first-time offenders. As such, first-timers will have their license suspended until they install an ignition interlock device on their car. An ignition interlock device is a handheld breathalyzer, installed on a car, that […]

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 […]

In the United States generally and New Jersey specifically, national and state constitutions make it illegal for police officers to stop, search, or take property from someone without probable cause. That means the police must have reasonably trustworthy information that the person whom they stopped, searched, or took property from was about to or had committed a crime. Sobriety checkpoints, however, are legal in New Jersey. Several cases exist regarding sobriety checkpoints in the United States, but this article will explain how two such cases have affected New Jersey state law. Telling the difference between a legal and illegal sobriety checkpoint can mean the difference between getting your charges dismissed and a hefty drunk driving penalty. Keep reading to learn how to do this, and if you need legal advice regarding a sobriety checkpoint or any other criminal law question, call a Bergen County DUI lawyer right away. American Jurisprudence and Sobriety Checkpoints As early as 1985, the New Jersey Superior Court ruled on sobriety checkpoints. In State v. Kirk, 202 N.J. Super. 28 (1985), the Court indicated that sobriety checkpoints were legal so long as they complied with 13 restrictions on time, manner, and place. Five years later, the […]

A DUI is a very serious charge anywhere in the United States, and New Jersey is no exception. Being convicted of a DUI can cost you driving restrictions like a license suspension, the requirement of installing an ignition interlock device, and even jail time. Many jobs and even housing applications nowadays ask if you have a conviction on your record, such that a conviction will likely cause you problems in other parts of your life. This is why it is crucial to hire an experienced, skillful Bergen County DUI lawyer who will fight by your side to get your DUI dismissed. This blog post will explain some arguments your lawyer may use to this end. Read carefully so that you learn about the strategies used in cases like yours. What Is Driving Under the Influence in New Jersey? A crime may be defined by the elements legally required to prove it. For driving under the influence, there are three elements: The defendant operated a vehicle The defendant had consumed drugs or alcohol that limited their ability to drive carefully; Or, the defendant had a prohibited quantity of drugs or alcohol in their blood alcohol content as they were driving. People […]

**Updated & Revised July 2025** Defense of yourself or of your property can be a controversial topic, but why is this? Stand your laws offer an alternative, but what is the perspective of New Jersey toward these laws? Keep reading to find out, as well as to understand how New Jersey permits self-defense via the castle doctrine. If you have been charged with a crime, don’t hesitate to contact a Bergen County criminal defense lawyer as soon as possible. What Are Stand Your Ground Laws? Stand your ground laws are an affirmative defense. If someone attacked another person, they may argue that while their attack did occur, they themselves were initially under threat and moved to defend themselves or their property. The concept, perhaps reasonable in an abstract void of history, becomes problematic when viewed through the historical sociological dynamics in the United States. While it is viewed by those on the right as a necessity, progressives argue that a breezy approach to self-defense is so predominant in this country due to a history of white authorities looking the other way when marginalized identities were assaulted and killed. Castle Doctrine and Duty to Retreat in New Jersey This then gives […]

Even if you have no earthly idea that you are breaking a law, according to United States law, you are still responsible for your actions. This concept is known as “Ignorantia juris non excusat” in Latin, which means “Ignorance of the law excuses not.” There is another similar phrase, “Ignoranti legis neminem excusat,” meaning “ignorance of the law excuses no one.” The concept, entrenched in American jurisprudence since Thomas Jefferson, relies on the understanding that the administration of justice becomes impossible the moment someone can excuse themselves by claiming they didn’t know about the law they broke. But even so, there remain cases where the Supreme Court has accepted an ignorance of the law defense. Keep reading to learn what those instances were, and contact a tough and compassionate Bergen County criminal defense lawyer to battle alongside you if you are facing charges. Rules that Favor Defendants Regarding Ignorance of the Law In the modern day, the United States quite literally has tens of thousands of laws between the many jurisdictions that make up the country. On its face, this would make it unreasonable for anyone to have an up-to-date mental registry of every law which might apply to them. […]

Currently, courts can issue warrants to obtain social media information through Communication Data Warrants. The ubiquity of social media has led to New Jersey courts allowing the prosecution to gather information about defendants through social media. Communication Data Warrants can be used to gather information against defendants as well as when police want access to the contents of digital communications. Just how far do these new stipulations go, and what are your rights today? Read this blog post to find out, and contact an experienced Bergen County criminal defense lawyer immediately if you’ve been accused of a crime. Privacy as a Fundamental Right in the United States Privacy as traditionally conceived is a fundamental right which the Supreme Court has protected in cases like Berger v. United States 288 U.S. 21 (1967). In Berger, the court held that a statute allowing the police to wiretap and bug people’s homes and offices was unconstitutional. This was both because of the unduly wide discretion it gave the police, as well as because of the contradictorily secretive quality of wiretaps being used through a search warrant when warrants are supposed to notify the subject about the police search. Subsequently, Congress concretized Berger through […]