Warrant Requirement in NJ Auto Searches

For the past couple of years, New Jersey has required a threshold of probable cause and exigent circumstances to justify warrantless searches of motor vehicles following routine traffic stops. This requires the need for evidence preservation or officer safety in order to search a vehicle during a routine traffic stop. Now prosecutors are seeking a reversal of the need for higher thresholds and a movement toward a warrantless automobile exception. Previously the automobile exception served to reduce the level of privacy an individual could expect in an automobile and gave the police broader search powers during routine motor vehicle stops.
The New Jersey Court found that the civil liberties of NJ citizens and those commuting within its boarders in automobiles outweighed the need for police to access the contents of the vehicles without a clear and justified need. A reversal at this time would be a deprivation of the liberty of NJ drivers and passengers by revocation of their right to a reasonable expectation of privacy within their vehicles.
The Court expressed concern for the lengthy detention of motorists in the event a warrant is sought but also found that the opportunity to permit a warrantless search results in an undue coercive pressure on the motorist. The Court stated the officers' requirement to justify their decisions to search at later hearings as a protection for motorists but this offers little protection once the police have the drugs in their possession .
When it comes to warrantless automobile searches, the pendulum has long swung between the civil liberties of motorists and the need for the police to protect the public. If you have been convicted of possession, or any other crime, based on evidence obtained during a warrantless automobile search contact an attorney immediately to find out if your rights were violated and attempt to have this evidence suppressed.
For more information on charges stemming from motor vehicle searches in NJ visit HeatherDarlingLawyer.com.

Expungement of Criminal Records in NJ

New Jersey permits expungement of criminal records. An expungement is the removal and isolation of all records on file within any court, detention center, correctional facility, law enforcement, criminal justice or juvenile justice agency concerning a person's arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system.

A criminal record can haunt you forever. An expungement confers the benefits of a clean criminal record including the ability to get or keep certain jobs, professional licensing opportunities, the ability to obtain firearms and even acceptance into certain schools.

In New Jersey, expungements are only available for certain offenses and there are minimum waiting periods of 5 and 10 years, depending on the offense. Recently the Court held, in The Matter of the Application for Expungement of Criminal Records of Lobasso, that, in spite of the recent amendment to the expungement statute, N.J.S.A. 2C:52-2a, reducing the waiting period for an expungement from 10 years to 5 under certain circumstances, such relief is considered extraordinary and not routine. Following 10 years there continues to be a presumption that an expungement will be routinely granted barring a societal interest in maintaining the availability of the records. When an application is made for an expungement of more serious offenses in less than 10 years, more than the offense-free passage of time is required. The requirement is a showing that there is a public interest in the expungement, after consideration of the underlying offense and the applicants character and conduct since the conviction.

If you or your child have been haunted by an error in judgment made long ago, expungement is something you should consider. When properly handled, it can be a simple and freeing process but you should always have the benefit of an attorney when seeking an expungement. For more information on expungements in New Jersey visit HeatherDarlingLawyer.com.

Pets and Domestic Violence in NJ

Pets have long been neglected members of society. Pet owners tend to love their pets like children but non-pet owners often see pets as disposable items to be discarded at will. Long ago the Courts addressed the issue of leaving money to pets in a will and more recently the Courts have been addressing the issue of pets in matrimonial actions. Often those who have pets do not wish to give them up in a divorce situation. Now the courts will treat the pets as children, to some degree, in the event that the parties wish to do so and will make decisions as to custody and allocation of expenses for veterinary bills and the like.

Most recently pets have been afforded new protections in NJ by virtue of a bill addressing domestic violence issues. Now, in the event someone is convicted of domestic violence, they are prohibited from having contact with the victim's pets or making decisions as to what happens to the pets. If you are involved in a domestic violence dispute in NJ you should consult with an attorney to protect yourself and your pets. For more information on domestic violence in New Jersey visit HeatherDarlingLawyer.com.

Fewer Challenges Available to NJ DUI/DWI

The NJ Supreme Court has taken another bite out of possible challenges to Alcotest results. Recently the Alcotest machine, now used in DUI testing of breath samples, was challenged on the basis of police officers administering consecutive tests less than 2 minutes apart. The accused argued that the Court's findings in State v Chun, 194 N.J. 54 (2008), that there was a 2 minute waiting period before officers could administer consecutive breath tests, was due to the fact that the prior breath sample may contaminate the next sample . The Court, in State v. Mukherjee, A-3031-10, held that a 2 minute rule was never established by the Court. NJ Supreme Court Judges held the Alocotest safeguards against contamination because it automatically locks until it recalibrates for the next breath sample in order to prevent operator error.
The Morris County Chief's Association, Morristown, Teaneck, Newark, Orange, South Orange, Union City, Elmwood Park, Irvington, East Orange, Hopatcong, Parsippany have all set up sobriety checkpoints or publicized programs to crack down on DUI within the last few months. A DUI in Morris, Essex, Bergen, Passaic, Hudson, Sussex or Warren County has serious consequences including significant loss of license, fines and even jail. The primary proof in most DWIs today is the Alcotest result. There are still grounds on which these results may be challenged but they are limited and it typically requires an experienced attorney to successfully challenge them. For more information on DUIs in New Jersey, visit HeatherDarlingLawyer.com.

Use Your Right to Remain Silent

The right to remain silent when being questioned by the police is well founded in both the Supreme Court and the New Jersey Courts. The reason for Miranda warnings advising of the right to remain silent is to insure individuals are aware of this right before questioning by police.
Individuals questioned in regard to crimes for which they are suspects, including serious traffic violations, throughout New Jersey should invoke their right to remain silent.

Unfortunately, even after being told they have the right to remain silent, many people answer questions asked by police officers because they believe they have to based upon the custodial situation. Another issue is that the invocation of the right is sometimes dishonored by police or prosecutors when an accused seeking to invoke the right to remain silent does not use the "right" words. There are no magic words required to invoke the right to remain silent but it must be clear that an accused it invoking the right to remain silent.

Recently, in State v. Dias-Bridges, A.3d, 2012 WL 87194, N.J., the accused requested that questioning cease until he spoke with his mother but also stated he would continue to answer questions after he spoke with his mother. He failed to state that he did not wish to answer further, that he would not say anything else or that he wished to speak to his attorney and then silent after any of the prior statements.

If you are being questioned in regard to a crime in which you are a suspect you should tell the officer(s) questioning you that you wish to speak to your attorney. You may provide the police with your name, or in the case of a motor vehicle offense, your driver's license, insurance and registration. Repeat that you wish to speak to your attorney to each and every officer who attempts to speak with you thereafter. Remember that anything you say can and will be used against you in a court of law. This means that what appears to be a friendly conversation with an officer offering you the chance to "help yourself" will later be used against you by the police and prosecution. Call your attorney at the first opportunity.

For more information on criminal charges in New Jersey visit HeatherDarlingLawyer.com.

NJ Still Waiting for Medical Marijuana

New Jersey's medical marijuana program remains in its infancy state. Officials have taken major steps to get six treatment centers serving thousands of patients up and running but a major hurdle is coming from the refusal on the part of individual towns, through their zoning boards and councils, which continue to refuse to permit medical marijuana distribution facilities. Most recently, the township of Plumstead's council voted to exclude and distribution facility absent certainty that federal law would not be violated.

Although New Jersey has established a program for six approved growers little headway has been made since the law passed nearly two-years ago. For patients in need of medical marijuana this situation is largely frustrating, leading some to self-medicate in the interim. Unfortunately there are legal consequences to the decision to self-medicate in spite of the states obvious recognition of the need for medical marijuana.

Drug charges can vary in penalties, depending on the severity of the offense. Whether you are facing possession charges or are being investigated for distribution or trafficking, you need aggressive defense to protect your rights throughout the process. For more information on drug charges in NJ visit HeatherDarlingLawyer.com or call us at 973-584-6200 to obtain representation against NJ drug charges.

NJ DUI- Field Sobriety Tests

Recently, in New Jersey, the Appellate Court upheld the decision in State v. Bernoketis whereby probable cause is not required in order to administer field sobriety tests. Reasonable, articulable suspicion, the same requirement for an investigatory stop of any individual, is all that is required in order for a police officer to administer field sobriety tests to an individual stopped for a routine traffic violation.

What this decision means to drivers is being pulled over for anything, even a seat belt violation, who appears to "seems to be" under the influence to the officer can be required to exit their vehicles and perform field sobriety tests. Reasonable, articulable suspicion is up to the discretion of the officer first, then the Judge if a DWI summons is issued following the field sobriety tests. Of course there will also be an Alcotest administered, barring refusal by the driver, which may be used by the prosecution or the defense depending on the result.

The consequences for a DWI in New Jersey are significant and a DWI defense should not be faced alone. It is your right to have counsel to represent you in a DWI.

For more information on NJ DUI law, or to obtain representation in a NJ DUI, please visit HeatherDarlingLawyer.com or contact us at 973-584-6200.