Celebrate Wisely

The Darling Law Firm wishes you a Happy New Year! We would like to remind you to celebrate responsibly tonight. If you are driving, there will be others on the road who may have been celebrating less responsibly than you so please drive defensively. Also, remember that it only takes 2 drinks to put you over the legal limit in New Jersey and the police will be looking for those who may be driving under the influence tonight. Although you may stop drinking after the champagne toast at midnight, your blood alcohol level (BAC) only decreases by only .015% per hour while one standard drink, defined as one 12-ounce beer, one five-ounce glass of wine, and one 1.5-ounce shot of distilled spirits, will add .05% to your BAC each hour. This means that it will take much longer for your BAC to decrease than to increase. As it is difficult to tell when you have had too many, driving after consuming alcohol should be avoided. Please be safe so that you and your loved ones can enjoy a Happy New Year! DarlingFirm.com

Drug Court Failure Can Lead to More Severe Sentence

Those facing drug charges or other charges with underlying addiction issues who have no history of violent crimes can avail themselves of drug court probation in lieu of prison. Many take this option in order to avoid prison but fail to realize it means they have to actually stay clean for the entire probationary term which is typically 5 years. Because drug court is an option as long as there is no violent criminal history, those facing extended terms for second degree charges such as possession with intent to distribute within 1000 feet of a school zone or 500 feet of a public park, public housing or other public place are still eligible for drug court. What those entering drug court need to know is that failing out of the program by violating the terms of drug court probation like failure to appear, using, not maintaining employment or not participating in programs required following a drug evaluation subjects them to re-sentencing on the original charges. When considering a plea including drug court probation, it is always critical for the defendant to closely review and consider any alternate sentence which the prosecutor includes in the event the defendant is not successful in drug court. Often, taking a plea including prison rather than drug court can result in completing a shorter term in prison that that which will be faced in the event the defendant fails the drug court program. If you are facing criminal charges and think you may be eligible for drug court probation you should immediately obtain an experienced criminal defense attorney to protect your rights. For more information on protecting your rights if charged with possession of CDS, theft, burglary, assault, domestic violence or other crimes in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and is not intended to replace the advice of an attorney.

NJ Forfeiture Requires Proof Defendant Used the Property in Furtherance of a Crime

In State v. $569,950 in US Currency, a confidential informant alleged defendant was involved in a drug transaction from which defendant received substantial funds and that defendant was in danger of being robbed of his funds. The New Jersey State Police used the information obtained from the caller as probable cause to search defendant's hotel room. The police seized the cash and defendant's tractor trailer which was parked outside. The evidence located by the police in the illegal search was suppressed by the Judge as a result of a suppression hearing and all the police were left with to prove their case was the fact that defendant was in possession of a large sum of cash. Defendant explained the manner in which he obtained large amounts of cash through his trucking business, why he did not have prior tax returns or other information and that he had the cash on hand as a result of his intent to purchase a trucking operation in NJ. The court ruled that, in light of the explanation for the cash, the State failed to meet its burden of proof and dismissed the complaint against defendant. If you are charged with robbery, burglary, theft, attempt or other criminal charges it is imperative that you discuss your matter with an experienced criminal defense attorney immediately to insure your rights are protected. For more information about robbery, burglary, theft , shoplifting, attempt or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

State Must Prove Operation of Vehicle to Win DUI Case in NJ

In NJ, courts have the discretion to broadly construe "operation" of a motor vehicle to include intent to drive while intoxicated. Intent to drive while under the influence has been proven by as little as sitting in a vehicle with the keys in your possession. There is not a true "motion" requirement for the vehicle and the arresting officer need not witness operation. However, no matter how amorphous the definition of "operation" may be, the fact remains that the prosecution bears the burden of proving the defendant was impaired, had the means to operate a vehicle in very close proximity and the intent to operate said vehicle while still under the influence of drugs or alcohol. A DWI in New Jersey carries serious consequences. If you are charged with driving under the influence of alcohol, illegal drugs such as heroin, cocaine, marijuana or ecstasy or prescription drugs such as oxycontin, percocet, roxycottin, valium or other drugs which may hinder your ability to drive, even if you have a prescription for them, you should consult an experienced DUI attorney immediately in order to ensure your rights are protected. Before conceding guilt, your matter should be fully reviewed by an experienced attorney to prevent you from being convicted when the state does not have adequate evidence to prove it's case. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are charged with a crime, you should consult an experienced DUI attorney immediately in order to protect your rights. For more information on driving while intoxicated, driving under the influence, controlled dangerous substances (CDS) in a motor vehicle or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

Conditional Dismissal May Be Expanding in a NJ Municipal Court By You

Conditional Discharge and Pre-Trial Intervention (PTI) permit first time offenders, in Municipal and Superior Court respectively, to undergo a period of probation rather than face the typical penalties for the crime committed. In the event they successfully complete the probationary period, the crime will not appear as part of their record. If they fail to complete probation successfully the underlying charges are simply reinstated and they will be sentenced to the appropriate penalties. Municipal Courts allow Conditional Discharge for certain first event drug related offenses and Superior Courts allow Pre-Trial Intervention for a variety of offenses for first time offenders. The unfair result for certain offenders in municipal court is they are subject to harsher penalties than those committing more serious offenses. The Conditional Dismissal program under consideration would permit defendants charged with disorderly or petty disorderly persons offenses the opportunity to avoid a criminal record. Conditional Discharge and Pre-Trial Intervention are good choices for some offenders but not for all. Your best choice is always to seek experienced legal counsel if facing criminal charges in Superior or Municipal Court. For more information on criminal law in New Jersey visit HeatherDarlingLawyer.com