Right to Refuse Consent to Search in NJ

When law enforcement officers want to undertake a search, absent exigent circumstances (learn more about exigent circumstances by visiting HeatherDarlingLawyer.com), they are required to obtain a warrant or obtain consent of an individual who has authority over the place or item to be searched. If you are confronted by law enforcement officers, you have a right to refuse consent to search. More importantly, the officers are required to advise you very clearly of your right to refuse consent. The officers should make sure you have enough of an understanding of that right to make a decision as to whether you wish to provide consent or not. In the event officers have the opportunity to advise you of your right to refuse consent but do not do so before you offer consent and a search is undertaken of your property, any evidence discovered through the search may be suppressed. Furthermore, at all times during a search in which you have provided consent, you must be present and aware of your right to stop the search at any time. In order for a consent search to be valid, the officers conducting the search must 1) advise you of your right to refuse consent; 2) insure you are able to watch them conduct the search; 3) make you aware of your right to stop the search at any time; and 4) stop the search immediately in the event you withdraw consent. 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 face criminal charges and believe you were subject to an illegal search, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on consent searches, search and seizure, illegal search, warrantless search, domestic violence, anonymous tips or other criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com.

Criminal Charges Can Affect Your Immigration Status in NJ

Failure to understand immigration consequences is not always the reason for pleading guilty to criminal charges in New Jersey. The case of State v. Nunez-Valdez (200 N.J. 129 (2009)), resulted in substantial changes in the way criminal pleas are handled where there may be negative immigration consequences. In a case where defendant, in the country illegally at the time, was charged with third degree burglary, third degree resisting arrest and second degree attempted aggravated arson to and entered a plea to third degree burglary and fourth degree defiant trespass in the Hudson County Superior Court. The plea agreement permitted the State to argue that the court sentence defendant to a term of up to three years but defendant's lack of criminal record made it likely defendant's argument for a probationary sentence involving participation in an alcohol abuse program would prevail. At sentencing, defendant stated he was aware intoxication might be a defense to some of the charges included yet waived the right to assert that defense. Defendant later made application for his green card then was arrested by Immigration and Customs Enforcement (ICE) and detained at the Essex County Correctional Facility as a result of the Hudson County conviction. At that time, defendant began to assert his innocence and stated he would never have entered a guilty plea had he known the immigration consequences. The New Jersey Appellate court found defendant knowingly and voluntarily entered the guilty plea in order to receive a probationary sentence rather than incarceration. They Appellate Court also decided that any immigration consequences to defendant could not be linked directly to the guilty plea due to the passing of years between the plea and the detention. Criminal charges of any kind, including shoplifting, should not be taken lightly if you are not a U.S. citizen. If you are not a U.S. citizen and you have been charged with a crime you should seek an experienced criminal defense attorney immediately to protect your rights and immigration status. For more information on criminal or municipal court/traffic 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.