Thursday, August 29, 2013

Bail Forfeiture Factors Under Hyers

State v. Cain was a case in which the defendant, out on bail, was tracked and found out of state by the bondsman who then returned Cain to New Jersey to face prosecution. The court retained a portion of the defendant's bail but did not show adequate reasons for doing so under the Hyers factors and the judiciary's guidelines. The matter was reversed for adequate findings. State v. Thomas was a New Jersey case in which the law division vacated bail forfeitures by the city of South Amboy due to the judge's failure to consider the guidelines or the Hyers factors and using a balancing test of sorts instead. The factors set forth in State v. Hyers are whether an applicant is a commercial bondsman; the surety's supervision over the defendant; the surety's efforts to ensure the return of the fugitive; the time elapsed between the missed court appearance and the return to court; the prejudice to the State because of the defendant's absence, if any; expenses incurred by the State; and whether reimbursement of the expenses would adequately satisfy the interests of justice. If your friend or loved one is in jail, the first thing on their mind is getting out so they can go home, keep their job and meet with a lawyer to assist in their defense. Before paying whatever the court asks or paying a high fee to a bail bondsman, you should contact an experienced criminal defense attorney immediately to reduce or eliminate bail leaving your friend or family member with more funds to fight their case in court. For more information about bail, guns, drugs, assault or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Monday, August 26, 2013

Defective Warrant Must Result In Suppression Of Evidence

A Defendant filed a motion to suppress controlled dangerous substances (CDS) found during an illegal search in which a search warrant had allegedly been issued. The signature on the warrant was illegible, the signature line simply stated "JUDGE OF THE" and offered not even the Judge's written name. The Detective present at trial in the event there were questions about the warrant but the detective was not the affiant when the warrant was obtained. The State argued that the warrant was to be presumed valid and that the burden of proof was on the defendant to prove the search warrant invalid in defendant's motion to suppress evidence of an illegal search. The judge concluded that, pursuant to Rule 3:5-7(g), absent any bad faith she was bound to uphold the validity of the warrant and denied the motion to suppress. The NJ Appellate Division found, in State v. Riles, there was insufficient evidence to find the warrant was issued by a neutral judge and permitted the defendant to withdraw a guilty plea entered subject to appeal. Although there are restrictions on the manner in which police are to operate in securing evidence they believe to exist, searches are often faulty based on flawed warrants, failure to obtain warrants or other illegal and unscrupulous search methods. If you were arrested following a search in which illegal drugs, weapons, money or other substances were found on your person or in your vehicle, residence or other place which was under your control at the time, you should consult an experienced criminal defense attorney immediately to ensure your rights are protected. For more information about search and seizure, drug charges, gun charges, assault, burglary or other criminal offenses in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Tuesday, August 20, 2013

NJ Governor Signs In New Gun Control Laws

Last Thursday New Jersey Governor Chris Christie signed ten bills looking to strengthen gun control and upgrade penalties for those who are arrested for unlawful gun possession throughout the state. These gun control measures were introduced in the state senate after the tragic shooting that took place December 14th, 2012 at the Sandy Hook Elementary School in Newtown, Connecticut. The series of newly signed bills is designed to create a safer and more well monitored system for the purchase and sales of all firearms throughout the state. Along with making the system more safe these bills are also going to make punishment crimes involving guns more harsh. One of the significant bills signed by the governor was the Anti-Gun Trafficking Act of 2013. This act focuses on the illegal transfer and sale of firearms across state lines. Many believe one of the most significant ways to cut down on illegal gun possession is to stop it at its source, which is by way of illegal sales from sources outside of New Jersey. For those who are convicted of transporting guns into New Jersey for illegal purposes under the Anti-Gun Trafficking Act of 2013, the crime is considered one of the second degree, meaning that there is a minimum of five years incarceration, which is not within the discretion of the sentencing judge. For those who presently own an illegal weapon there is a grace period of six months to dispose of the firearms before being convicted or punished. Unlawful possession of a firearm in NJ will have a serious impact on your life and can have significant implications in related matters such as later personal injury or other criminal charges. Given the serious implications of weapons charges it is critical that, if you are charged with illegal gun possession or trafficking in NJ, whether knowingly or unknowingly, you should seek an experienced attorney who can immediately begin preparing your defense. For more information about robbery, gun possession without a permit, possession of weapons for an unlawful purpose, illegal weapons or other serious matters stemming from gun use or possession in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney in your matter.

Sunday, August 18, 2013

Effects of Certain Medical Treatments on DUI Prosecution

Driving under the influence is illegal no matter whether the driver is under the influence of heroin or something prescribed to them by a doctor. Many people get behind the wheel of a car daily while taking under treatment for drug addiction. These drivers are under the mistaken belief that, because they are receiving legally acceptable medical treatments, they are immune from prosecution for consequences stemming from the treatments. Although these drivers may not be under the influence of the drug on which they are dependent, they are still under the influence for the purposes of driving in the event the methadone treatments they are receiving are seriously impacting their ability to drive. Methadone may cause hallucination, low blood pressure, blurred vision and other negative side effects which would impact an individual's ability to drive. Although the under the influence component in such an offense would not be intentional, anyone making this mistake could still be found guilty of DUI based only on their impairment. This a long standing principle of law in NJ and was considered by the NJ Supreme Court in State v. Tamburro in 1975. DUI in NJ is a very serious matter with long lasting consequences including hefty fines, loss of driving privileges, possible loss of professional licenses and inability to obtain certain jobs or entry into certain educational institutions. A conviction for driving while intoxicated cannot be expunged and will remain on your record forever. If you are facing charges for DWI you should contact an experienced DWI attorney immediately to protect your rights. For more information on DUI, DWI, controlled dangerous substances (CDS) in a motor vehicle or other serious motor vehicle offenses visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Thursday, August 8, 2013

Driving While Suspended May Result In Extending Your Suspension

Many New Jersey motorists are stopped on a daily basis for routine traffic offenses only to find out their license is suspended. In many cases, the drivers are suspended for failure to pay a parking ticket, failure to pay New Jersey Motor Vehicle Commission (NJMVC) fines or other administrative reasons. On the other hand, the drivers have been suspended for other reasons such as prior driving while suspended charges, driving under the influence, controlled dangerous substances (CDS) in a motor vehicle or other drug offenses. No matter the reason, driving while suspended can cause an extended loss of your license that you may not have anticipated prior to that routine traffic stop. Violating N.J.S.A. 39:3-40, the NJ statue relating to driving while suspended, carries monetary fines as well as a potential loss of license depending on the circumstances. For first offenders, drivers will have a fine of up to five hundred dollars as well as a surcharge of two hundred and fifty dollars to the NJMVC each calendar year. For second and third time offenders, the fines for driving while suspended increase up to seven hundred and fifty dollars and one thousand dollars respectively. Second and third offenses can also carry from five to ten days imprisonment. Having an experienced attorney can greatly benefit those drivers who are trying to maneuver through these violations with little or no penalties for them to face when their day in municipal court approaches. Those who drive while suspended for driving under the influence face greater penalties. Those drivers can be fined up to an additional five hundred dollars and lose their license for at least one year but not more than two years in addition to suspension period levied during their DWI sentencing. If you are pulled over and are told your license has been suspended, it may be a simple mistake on the part of the NJMVC. However, you do not want to take that for granted due to the consequences and must appear in municipal court with proof the matter has been resolved or you will be subject to the same penalties as if your license was actually suspended. Driving while suspended in NJ carries serious penalties and should not be taken lightly. If you are charged driving while suspended in NJ you should seek an experienced attorney immediately to protect your rights. For more information on municipal court, DUI, CDS in a motor vehicle or other serious drug charges 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.

Sunday, August 4, 2013

Community Caretaking Is No Exception To Warrant Requirement

Although there is a governmental right to enter a residence, under certain circumstances, for community caretaking functions such entry is not permitted without a search warrant barring exigent circumstances. The community caretaking function permits agents of the state, including police, to enter and search a residence under the pretext of concern for the residents' health and safety. In State v. Vargas, a landlord contacted police and expressed concern that he had not seen the tenant, Vargas, for several weeks nor had he received rent due from Vargas. The landlord knew nothing about Vargas' schedule, habits, family or whether he may have been on vacation. There was no reason for the landlord to believe there was an emergency and no reason the police could not have waited to obtain a warrant before entering Vargas' apartment. However, when police responded to the landlord's call, the landlord opened the door with his keys and the police entered. In plain view, the police found a jar of marijuana when they entered the apartment. Upon the finding of marijuana, the landlord began searching the apartment and found more marijuana. The police then obtained a search warrant and recovered $47,001, guns, ammunition, white powder, scales and additional marijuana. The NJ Supreme Court held there was no reason the police could not wait to apply for a warrant before undertaking the search in the absence of exigent circumstances. The NJ Supreme Court's holding in Vargas specifically included that the community-caretaking doctrine, standing alone and in the absence of some form of exigent circumstances, does not allow the police to conduct warrantless searches of homes. The State cannot use evidence against you if the evidence was obtained illegally. If you are facing charges based on an illegal search and seizure of your residence, vehicle or person you should contact an experienced criminal law attorney immediately to protect your rights. For more information on warrant requirements, drug charges, weapons charges, assault or other criminal charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and is not intended to replace the advice of an attorney.

Saturday, August 3, 2013

Changes to NJ Driving Without Insurance Penalties?

A Bill, A-1844, proposed by the NJ State Assembly would change the penalty for driving without insurance in the state of New Jersey. Presently, driving without insurance carries the heavy penalty of loss of license for a period of 1 year from the date of conviction or plea. Often those driving without insurance are unaware their insurance is expired. Perhaps they have moved and the bill comes only once a year to an old address, there may be a former spouse or partner withholding mail or the person may forget to update the automatic payment when changing accounts. Because of the many reasons other than willful intent to drive without insurance that people commit this offense, the Assembly has proposed offering municipal court judges the opportunity to consider the reasons presented by the offender when meting out punishment. If this bill passes, municipal court judges will be given discretion in deciding whether an individual's license should be suspended and, if so, permits the judge to mete out a suspension of between 2 months and 1 year. Presently, in addition to mandatory suspension, there is a fine of between $300 and $1,000 and a period of community service to be determined by the court. The Bill does not apply to subsequent offenses which call for a fine of up to $5,000, incarceration for a term of 14 days and 30 days of community service along with the loss of driving privileges for a period of 2 years from the date of conviction or plea. If you are facing a charge of driving without insurance in NJ you should seek experienced legal counsel to protect your rights. For more information about driving while suspended, DUI, controlled dangerous substances (CDS) in a motor vehicle, reckless driving or other serious motor vehicle charges in New Jersey visit www.HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.