Can Mischief Night Fun Turn Into a Criminal Conviction?

As Halloween approaches every year, people of all ages look forward to dressing up in costume, stocking up on candy, and attending parties and parades. This good-natured holiday does have a darker side though; that happens the night before, on Mischief Night. Some revelers use this night to smash pumpkins and decorate trees with toilet paper. Others take things too far though and can cause serious property damage and injure others. Some towns in New Jersey have attempted to thwart[…] Read More

High Cost of Speeding Tickets in New Jersey

Millions of drivers are pulled over for speeding each year. In 2017, more than 176,000 speeding tickets were issued in New Jersey alone. Odds are that even the most conscientious drivers are likely to get a speeding ticket or other traffic summons at some point. Because the financial cost of a speeding ticket in New Jersey can be very high, it is important to know the law as well as your rights in protecting your driving privileges. New Jersey Laws[…] Read More

False Allegations of Domestic Abuse

As the media continues to shine light on the problem of domestic violence, more women and even men are coming forward each year with their stories of spousal abuse. With this increased awareness comes a disturbing rise in the number of false domestic abuse allegations. Being falsely accused of domestic abuse can result in a downward spiral of child custody loss, damage to one’s reputation, and even potential jail time. Knowing how to handle false allegations of domestic abuse can[…] Read More

New Jersey Institutes Ignition Lock for First Time DWI Offenses

By the beginning of 2020, drivers in New Jersey found guilty for the first time of driving under the influence will face different penalties than they do today. Instead of having their licenses suspended for several months, offenders, in certain instances, may have much shorter suspensions or no suspension at all. Additionally, they will be expected to buy and install ignition interlock devices (IID) on any vehicles they own or operate. Many other states currently have similar laws surrounding IIDs,[…] Read More

Attorney Disciplinary Cases

Written by: Robert N. Agre The Rules of Professional Conduct are set forth in the Rules Governing the Courts of the State of New Jersey. The disciplinary process for attorneys who allegedly violate the Rules of Professional Conduct is articulated in the Conduct and Practice of the Law sections of the New Jersey Rules of Court. In most disciplinary cases, the disciplinary process begins with the filing of a grievance. Generally, the grievance will be investigated by the local ethics[…] Read More

Resisting Arrest in New Jersey

Anyone who has experienced being arrested may have been tempted to pull away from the officer or question the arrest. Yet, the act of resisting arrest can be considered a criminal act, in addition to the original arrestable act. The following constitutes resisting arrest under the law and what to do if you are charged with this offense in the state of New Jersey. Resisting Arrest without Flight This occurs if the individual prevents or attempts to prevent an officer[…] Read More

Are DUI Checkpoints Legal?

Sobriety checkpoints are used by law enforcement departments to keep the roadways free of drivers under the influence of alcohol or drugs. Depending on logistics and traffic volume, officers at the DUI stop will check every driver or single out cars at random intervals. Once the car is stopped, police officers observe the driver and assess their sobriety to determine if they can return to the road. While these stops often result in DUI charges, law enforcement agencies claim that[…] Read More

DUI with Marijuana

Despite Governor Phil Murphy’s efforts, it does not appear recreational marijuana will receive legislative approval this year. However, as more states legalize recreational cannabis, the issue of driving under the influence (DUI) of marijuana will increase. In New Jersey, the penalties for a DUI are the same whether the driver was under the influence of marijuana or alcohol. Marijuana versus Alcohol A DUI involving marijuana differs from an alcohol DUI charge. Breathalyzer tests can measure the amount of alcohol in[…] Read More

Reasons Why You Should Not Talk to Police

Television programs frequently show police officers talking to people who volunteer plenty of information. The truth is, many may not realize that talking to police can have negative repercussions. In most situations, police do not ask questions unless they believe someone is a suspect. A person that talks too much can say something that gets misinterpreted, which may cause an innocent person to get taken into custody. When a person is questioned, detained, or taken into custody, the officers may[…] Read More

Breathalyzer Test for Marijuana in Development

A handheld breathalyzer can test for alcohol and marijuana may be hitting the market soon. Hound Labs, Inc. has been developing a handheld breathalyzer that can test for marijuana. The company stated in a press release that it partnered with several companies to begin manufacturing breathalyzers and anticipates providing commercial versions to charter customers later this year. It will mainly target law enforcement as primary consumers. Driving Under the Influence of Marijuana Marijuana is a known to impair the ability[…] Read More