Law Offices of Michael T. Nolan, Jr.

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Ocean County Criminal Law Blog

Defendant released while waiting trial

Laws in New Jersey do change from time to time and effective January 1, 2017 a change was enacted that related to bail for criminal defendants being detained while they await trial. The new law removed the requirement that money be posted for bail. Instead, a system was enacted that would evaluate a candidate's viability for release and allow those deemed reasonable for the program to be freed without posting bail.

A 42-year-old woman from Clifton was recently allowed to get out of custody while she waits for her case to procced. The woman spent a little over a weekend in jail after being arrested for and charged with driving while intoxicated and with the death of a man who she is said to have hit. Reports indicate that the 32-year-old man was riding a scooter along a stretch of Route 80 on a Friday evening while the defendant struck him with her sport utility vehicle.

What penalties accompany DUI charges?

As a driver who's facing DUI related charges in New Jersey, you may be wondering exactly what penalties you could be facing if convicted. At the law offices of Michael T. Nolan, Jr., we work to provide you with all the information you need to anticipate what may happen during the course of your court case.

The state of New Jersey has fairly harsh penalties for DUI-related claims, and even first offenses are punished with a somewhat heavy hand. For example, if it's your first conviction and you were driving with a blood alcohol content level of .08 or more, you could face:

  • 30 days in jail
  • A suspended driver's license
  • $1,000 surcharge every year for up to 3 years

Defendant given a chance with drug court

Many people in New Jersey who find themselves arrested for and charged with crimes involving drugs know that the root cause of their situation is a serious addiction to drugs. Successfully treating and overcoming drug addiction is no easy feat and sadly the problem can and does lead some into a downward spiral if they are not given the help they need when they need it.

A man who is 35 years old and from Jersey City has recently been given the opportunity to get some help for his drug problem. The man has a history of issues with drugs as well as criminal offenses and in fact has been convicted of 18 different offenses over the years. On one occasion before he had the ability to complete the drug court probation program and made noticable improvements in his life. However, since then he was not able to remain connected to his treatment and support community and once again found himself in a confrontation with the law.

Electronic monitoring during parole

If you have been arrested or convicted of a crime in New Jersey and part of your sentence includes time in jail or prison, you may want to learn about your options for parole at some point. As explained by the State of New Jersey, there are many different types of parole and multiple groups that manage parole in the state.

Some people may be required to be monitored while on parole. If so, they may be managed by the state's parole group referred to as the Electronic Monitoring Unit. Two different types of monitoring are used based upon the individual scenario. Both types of monitoring require that you wear a bracelet around your ankle. This bracelet communicates with other pieces of technology to allowed the unit to monitor you.

Use of police body cameras

Police body cameras are not necessarily new but have been growing in use over the past several years. Many citizens may not even be aware of the fact that an officer has a camera on their body because these items can be quite small and discreet. It is important for anyone who interacts with law enforcement to know about this and know when a body camera might actually be used.

According to the State of New Jersey, the Attorney General's office has issued some overarching guidelines for the use of police cameras while individual forces and municipalities are also encouraged or allowed to have their own specific rules in addition to the state guidelines so long as the local rules do not conflict with those issued by the state. The state sets forth the use of body cameras for all situations involving deadly force or any investigations at a crime scene related to such force.

Sheriff's department to investigate domestic abuse claims

Many people in New Jersey may sometimes feel that the law only applies to a select few. In particular, some may believe that members of law enforcement agencies themselves are not as liable to be charged with crimes and may act in such a manner as to indicate their belief that they are above the law. This, however, is simply not true. The law applies equally to all persons in New Jersey and it is very possible for a police officer or member of a sheriff's department to face criminal charges.

The Mercer County Sheriff is said to have recently made a public statemount about this very topic. The statement discussed specifically how some sheriff department members have been accused of different forms of domestic violence. He insisted that all such allegations would be thoroughly investigated by the department and appropriate authorities. Last fall in November, an officer in Hamilton was arrested for allegedly causing reckless bodily injury to a woman. The incident was said to have taken place at his home but it is not known if the woman was his wife, girlfriend or someone else.

New Jersey's definition of domestic violence

If you have been accused of allegedly perpetrating an act of domestic violence against another person in New Jersey, you may well be confused by this. To many people, a domestic violence charge would include some type of physical harm like hitting or beating a person. If you did not do anything like this, you can understandably be confused by the allegations. Knowing how the state law looks at domestic violence will be important for you when preparing to defend yourself against such charges.

The State of New Jersey Division of Criminal Justice indicates that certainly physical assault or homicide can be part of a domestic violence charge but there are many other things that may also result in a person being accused of domestic violence. Any sexual assault, lewdness or acts that may be identified as criminal sexual misconduct are some other things that may contribute to these allegations.

Multiple charges levied against man

New Jersey residents who may be concerned about being arrested for a criminal offense should learn that sometimes being stopped for one incident may actually result in them being accused of multiple offenses. These situations can be very unnerving and make a defendant wonder if there is any hope of defending against so many charges. At this time, keeping a focus on the fact that the law does provide such an opportunity is important.

One man who is only 19 years old today may well need to be reminded that he does in fact have a right to a thorough defense. Reports indicate that in the early morning hours the defendant is said to have taken four bags of snack items from a mini mart and left. Officers apprehended the man and placed him under arrest for shoplifting.

Understanding what may be considered terrorism

New Jersey residents today should not be unfamiliar with reports of suspected terrorist activity. This is something that may be part of news headlines on a relatively regular basis whether domestically or internationally. But, just what might constitute an allegation of terrorism? Understanding this is important for anyone who finds themselves a target of such an allegation.

According to the National Institute of Justice, there are multiple components that may need to be involved in order for a specific action or event to be considered terrorism. First and foremost is the presence of some type of violence. This violence is generally said to be a means of influencing a grou or individuals and to be motivated by some political point.

Declawing a cat may become illegal

New Jersey residents are generally familiar with many things that may result in them being charged with criminal offenses. Shoplifting, spousal abuse and driving after drinking too much are a few examples. However, there may well be some things that people would not think about as criminal actions that may well be. While the charges might be minor, they can nonetheless be criminal and be on a person's record.

If the state leglislature passes a new bill that is before them, residents may find one more odd action listed as a criminal offense. This situation is all about having a domesticated cat declawed. The proposal before lawmakers is that removing a cat's claws would be considered a disorderly persons offense.

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Law Offices of Michael T. Nolan, Jr.
514 Brick Boulevard, Suite 6
Brick, NJ 08723

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