NJ Considering Removal of Crime History From Job Forms

New Jersey legislators are considering taking out criminal history in job applications throughout the state, which could help many who have convictions for assault, distribution, possession, burglary, shoplifting or other criminal charges. Just last month state legislators proposed a bill that would limit New Jersey employers from asking applicants about their criminal past. Many residents believe that this bill could possibly give an opportunity to previous offenders who do not have many employment options. Meanwhile other residents and employers believe that this bill if approved and implemented could possibly have dangerous criminals capable of doing possible harm to others slip through the cracks. Currently the majority of New Jersey employers inquire about an applicant’s criminal past to try and ensure security within their work place as well as with potential customers. The proposed bill would not override existing laws that require mandatory background checks for certain jobs, such as daycare centers, psychiatric hospitals and law enforcement. There have been several studies done that show that many employers throw away or refuse to give those with a criminal history any consideration for open positions. For some state residents convictions or pleas in their past such as charges for drugs, theft or even underage drinking have affected their ability to obtain consistent employment for actions that happened as long as decades ago. Advocates of the bill believe that many minor offenses that could have happened years ago create an unfair stigma among employers and prevent an equal opportunity among those who are applying. While the bill has not been approved, if implemented it could give thousands a possible first step towards steady employment beginning with a job interview that they would have not been able to get before. Assault and drug charges in NJ will have a serious impact on your life and can have significant implications in related matters such as later personal injury. If you are charged with drug possession or assault in NJ you should seek an experienced attorney immediately to protect your rights. For more information on assault, theft, burglary, shoplifting, possession, distribution, weapons offenses or other criminal matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and is not intended to replace the advice of an attorney in regard to criminal issues.

NJ Overdose Immunity Law

The state of New Jersey has been working in the past months to try and boost the awareness of the Overdose Prevention Act, which could result in less drug charges for users in an effort save many. This past May, the state passed and signed into law the Overdose Prevention Act, which is designed to give immunity to both those who could potentially be overdosing and those who are looking to alert health professionals in order to save their friends. In the past other drug users did not want to involve themselves in the act of calling 911 in order to seek help. For decades those who were at the scene of the drug overdose would be taken into custody for charges of drug use or possession, which kept many from potentially acting to save others lives due to the fear of imprisonment. As a result of consequences to those who report, many users of heroin, cocaine and other controlled dangerous substances (CDS) there have been an unreasonable number of deaths from drug overdoses. Because death is a frequent and tragic consequence of CDS use, this legislation has been enacted to encourage others to seek help when someone’s life could be in jeopardy. The Overdose Protection Act is written to protect both the user potentially overdosing and any others that are alerting the authorities from drug use or possession charges. Just weeks ago New Jersey’s Attorney’s General Office sent out a directive to all law enforcement agencies to remind them to implement the law properly in order for it achieve the results the state wishes. With the new act implemented the state is hoping for a sharp decrease in deaths due to drug overdoses. Possession, distribution or other drug charges in NJ have serious consequences. If you are facing any of these charges you should seek experienced legal counsel immediately to protect your rights. For more information on possession, distribution, prescription drug charges, CDS in a motor vehicle or other drug charges in New Jersey visit HeatherDarlingLawyer.com this blog is for informational purposes only and not intended to replace the advice of legal counsel.

Sleeping it Off In Your Car Can Lead to DUI and Drug Charges

Happy 4th of July! Here's a tip for those celebrating with alcohol: If the police find you sleeping it off in your car, you will be charged with DUI! Many people believe that in order to be charged with Driving Under the Influence, you must be in the driver's seat with the car in motion on a public road. This is far from true! The police can charge you with Driving While Intoxicated based on presumptive operation, either you were going to drive the car while intoxicated or you drove the car to the place they found you then decided to stop and sleep it off. Presumptive operation can be based on a vehicle being parked across multiple spaces as if the driver was impaired, being the only one in the vehicle with no other possible driver, approaching your car with keys on your person, starting the car to stay warm in the winter and a host of other surprising reasons. As an example, on July 3rd, 2013 a fifty-three year old Bayonne resident was found sleeping behind the wheel of his automobile in a Quick Check paring lot. When asked by the police officer to step out of the car the man dropped a small package of an unknown substance, which was later found to be heroin. The man was charged with both possession of a Controlled Dangerous Substance (CDS) in a Motor Vehicle, as well as DUI. Under New Jersey law the definition of operating a vehicle is extremely broad to include more than simply driving that automobile, as many residents think. Dating back almost fifty years the courts have made monumental decisions in the matters of sleeping intoxicated drivers behind the wheel of a car, such as State v. Baumgartner, 21 N.J. Super. 348 (App. Div. 1952). That case made it clear that when an operator of a vehicle is found sleeping behind the wheel there are a number of situations that can result in a DUI charge of the driver. As in Baumgatrner, this Bayonne man was charged with a DUI due to the fact that he was found in a parking lot, one in which he stated was not in earlier. The man had a blood alcohol content (BAC) over the legal limit and it was then deduced, not observed, that the man had driven to that location under the influence of alcohol. DUI/DWI in NJ will have a serious impact on your life and can have significant implications in related matters such as later personal injury or vehicular manslaughter charges. If you are charged with DUI in NJ you should seek an experienced attorney immediately to protect your rights. For more information on driving under the influence, reckless driving or other serious 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. Be safe this 4th of July and if you drink, don't drive! DUI, DWI, Driving while intoxicated, driving under the influence, drug charges, CDS, CDS in a motor vehicle, Controlled dangerous substance, alcotest, BAC, blood alcohol content

Rise In Underage Drinking and DUI With Graduation and Summer Celebrations

With graduations occurring throughout the state of New Jersey in the past weeks police have noted a rise in arrests related to underage drinking. Graduation for many students is a time of celebration and in many cases partying with fellow classmates. Under New Jersey law, the legal age for consumption and ability to purchase alcohol is twenty-one years of age. The current drinking age has been in effect from the National Minimum Drinking Age Act of 1984. For both police and parents their main concern is the safety of the children involved, both in the purchase and consumption of the alcohol. Recently on June 1, 2013, Lacey Township police officers responded to what appeared to be an underage party at the home of Debra Fenton. On the property the police discovered a number of underage adolescents and young adults drinking and issued Fenton a criminal summons for making property available to underage persons for the consumption of alcohol. Not only is underage drinking illegal but it is dangerous and often leads to hospitalization from alcohol poisoning and motor vehicle accidents resulting in serious injury or death of the intoxicated children and occupants of other vehicles. In recent years many police departments have been trying to penalize those who provide the alcohol to underage persons as well as providing property for underage drinking to take place. Both charges carry up to six months in jail and or up to one thousand dollars in fines. With the end of the school year and graduation being a time where many underage persons look to engage in drinking, police look to try and crackdown on incidents such as this in order to serve a message to the public. A conviction for underage drinking or underage driving while intoxicated on a juvenile’s record can have devastating consequences on their future including loss of preferred education and occupation opportunities. Many think only of loss of driver’s license, fines and other short term issues but those issues are insignificant compared to the long term effects. If you are facing underage drinking charges, you should consult with an experienced defense attorney immediately to protect your rights. For more information on protecting your rights if charged with underage drinking, DUI, drug charges 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.

Supreme Court Ruling Expands DNA Use In Criminal Cases

DNA obtained by police during arrest for assault charges is not illegal search and seizure and may be used to convict defendant of rape charges. The defendant, in Maryland v. King, was arrested for first and second degree assault charges in 2009 and as a standard part of their booking process, police in Maryland took a DNA sample by way of buccal swab from defendant's cheek. The DNA matched an unsolved rape from 2003 and defendant was charged with the rape. Defendant sought to have the DNA match suppressed as a violation of his fourth Amendment rights against unreasonable search and seizure. Suppression was denied on the basis that a buccal swab from the cheek is an non-intrusive part of the identification process undertaken during booking and is akin to photographing and fingerprinting. Law enforcement has a massive database of DNA evidence. There is likely to be widespread expansion of this practice following the court's decision in King. Justice Antonin Scalia provided a lengthy dissent to the opinion which includes the warning that the decision of the Supreme Court in King will lead to the taking of DNA and entry thereof "into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason. Many states already use methods of DNA collection which go well beyond those in King, including: (1) requesting DNA from uncharged suspects or witnesses to 'allow them to prove their innocence'; (2) implicating those who have DNA matches similar to DNA found at a crime scene in order to see if they will provide information about a family member's actual participation; (3) obtaining DNA samples from going through a person's trash; and (4) filing felony charges to get defendants to trade DNA for a 'lesser sentence' as part of a negotiated plea. In the event you are arrested, it is critical that your rights are upheld throughout the police investigation and procedures. If you have been charged with robbery, burglary, gun or other weapons charges, drug distribution or possession, rape of other sex crimes, conspiracy or any other criminal offense in NJ, you should immediately obtain an experienced criminal defense attorney to protect your rights. For more information on protecting your rights if charged with possession, distribution 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.

Prior Convictions Inadmissible After 10 Years?

In State v. Harris,, 209 N.J. 431 (2012) the defendant was charged with robbery and burglary and the Superior Court Judge permitted the prosecutor to use defendant's 13 year old drug convictions to impeach defendant's testimony. The NJ Supreme Court found no abuse of discretion on the part of the trial court judge. Most of the defendant's convictions from 1994 through 2007 were disorderly persons offenses but were still permitted to close the gap of remoteness. As a result, a NJ Supreme Court subcommittee is recommending the adoption of revisions to N.J. Rule of Evidence 609 to prevent the prosecution from introducing evidence of convictions more than 10 years old. In actual practice, a remoteness analysis could be undertaken including the following considerations: (1) whether there are other convictions between the accused crime and any prior crimes the prosecution wishes to admit and the nature and seriousness thereof; (2) whether any of the prior convictions involves fraud or dishonesty and (3) the seriousness of the offense. The final result would be to bar the introduction of evidence regarding prior convictions over 10 years old unless the probative value outweighs the prejudicial effect of the evidence after judicial analysis. If you have been charged with theft, burglary or any other criminal offense in NJ, you should immediately obtain an experienced criminal defense attorney to protect your rights. For more information on protecting your rights if charged with theft, burglary, shoplifting 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.

Futuristic Prevention Policy For Sex Offenders

Sex offenders must be sentenced according to statute, just as those found guilty of other crimes. Under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to .38, certain offenders are confined to secure facilities at which they will serve their time, as would anyone convicted of another type of crime. The difference is that these individuals, determined to be sexually violent predators (SVP), will remain in custody upon completion of their sentences. Most people are aware of Megan's Law and the Sex Offender Registry but many are not fully aware of all possible ramifications of conviction, or a guilty plea, for sex offenses. Those considered SVPs under the law and confined for the remainder of their lives have been convicted of violent rape in some cases and downloading child pornography but having no physical contact in other cases. The premise of this lifetime confinement, not simply supervision as most know is a routine result in sex offenses, is that the government is protecting the greater good of society by confining them until they no longer pose a threat. Interestingly, in no other area of the criminal justice system are individuals imprisoned for crimes they might commit in the future. Sex offenses, no matter the crime charged or pled to, bear penalties which will affect you for the rest of your life, even if you reach a plea agreement that may seem favorable at first glance. If you have been charged with a sex crime you should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information on criminal law matters, including municipal court 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.