When an individual commits a crime due to the urging of a government agent or entity, a case of entrapment might have occurred. The aim of entrapment is to gain control of the individual, either through imprisonment or to force cooperation in an unrelated criminal investigation. Entrapment occurs when law enforcement or other governmental agents devise a scheme to encourage an otherwise innocent person to commit a crime. The entire purpose is to prosecute that person afterward for a crime[…] Read More
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What are Common Distracted Driving Defenses?
Many people find it necessary to multitask to keep up with the fast pace of modern-day living. Multitasking while driving is common, but it is also extremely dangerous and illegal. Distracted driving has become a major problem in the United States and seemingly gets worse each day. According to a study by the Centers for Disease Control and Prevention (CDC), distracted driving accounts for over 1,000 injuries and almost nine fatalities per day. Each state enforces their own distracted driving[…] Read More
Can I Get a Drunk Driving Charge for Sleeping in a Parked Car?
In New Jersey, a person can acquire a driving under the influence (DUI) charge if the evidence shows that they were or they intended to operate a vehicle. The vehicle does not necessarily need to be moving in order for the driver to be found guilty of such a charge. While sleeping in one’s car is not an offense by itself, if the driver has a blood alcohol content (BAC) level of over 0.08 percent and they are over the[…] Read More
Can I Have My Juvenile Criminal Record Expunged?
Crimes committed at the age of 17 years old or younger are considered juvenile crimes, and they will be tried with the offender’s age in mind. The sentence will be appropriate for a juvenile and take into account the juvenile’s behavior and past history. Often, juvenile criminal records are sealed and can be viewed only in limited circumstances. If there is a civil action associated with the crime, that will not be sealed, and it may also be beneficial to[…] Read More
What are My Rights at a Sobriety Checkpoint?
A sobriety checkpoint is an area that is set up by the police to randomly check motorists to see if they are under the influence of drugs or alcohol. Sobriety checkpoints are legal in New Jersey, and it is always a possibility that a driver may encounter one. Drivers must have adequate notice when they are approaching a sobriety checkpoint. Drivers will see warning signs telling them they are approaching a sobriety checkpoint. If a driver makes an illegal U-turn[…] Read More
What Should I Know About a First Offense DUI Charge?
Being charged with driving under the influence (DUI) can affect one’s life significantly. Being pulled over and arrested for DUI can be a traumatic experience. It is important to know about the entire legal process after receiving a DUI charge. This information will help the offender understand their legal rights and options. When it is suspected that a driver is impaired, an officer will ask them to perform a field sobriety test. The police officer will ask the driver to[…] Read More
What are the Advantages and Disadvantages of Plea Bargaining?
When a person is charged with a crime, they are faced with many choices. In many cases, the defendant that is accused of a crime has the opportunity to enter into a plea bargain. A lawyer can help guide the defendant throughout this process. There are advantages and disadvantages of entering into a plea agreement, but both depend on whether the defendant had any involvement in the crime. Benefits of Plea Bargaining If the person accused of the crime was[…] Read More
What is a Petty Offense?
Petty offenses are typically minor crimes and can include civil and criminal offenses, such as public intoxication, jaywalking, pickpocketing, and prostitution. Other types of petty crimes include minor traffic violations. People should be aware that even distracted driving can be considered a petty crime in some jurisdictions. Some of these misdemeanors may not seem too concerning, but they should be taken seriously. It is important to understand that an accumulation of driving offenses can have an impact on a person’s[…] Read More
What can I Do if False Allegations Caused Damages?
When a person is falsely accused of a crime, they may feel very frustrated. However, when a false allegation happens, the accused does have some legal options available to them. An important first step is to get a criminal defense lawyer to help fight against the criminal charges. Even if the falsely accused person has not yet been exonerated, there are some options they can pursue. The following list contains some possible defenses for false allegations. False Imprisonment Defamation is[…] Read More
Can I Get an Expungement for Multiple Convictions?
New Jersey allows those who receive multiple convictions the opportunity to erase them or expunge them from their permanent record. The process is complicated as some convictions are eligible and others are not. A person may be able to get multiple convictions expunged, but it depends on several factors. The best way to know for sure is to reach out to an experienced lawyer who can consult with a person and go over their record to determine if they are[…] Read More