Michael R. Ascher Criminal Law Blog on Lawyers.com

The New Jersey criminal lawyers of Einhorn, Harris, Ascher, Barbarito, & Frost, P.C. takes pride in its practice. The way in which criminal law is defined, and certain legal statutes, are specific to New Jersey. We would like point out the ones that may be most relevant to our clients.

Crimes vs. Disorderly Persons Offenses

Criminal activities are split into two categories: “crimes” and “disorderly persons offenses." If you are charged with a crime, you can be indicted (presented to the Grand Jury) for a formal charge, while a disorderly person’s offense can proceed immediately to trial. Punishments for crimes involve moderate to lengthy prison terms in state prison, while disorderly person’s offenses may be punishable by much shorter terms in the county jail.

Driving While Intoxicated (DWI)

The blood alcohol level for DWI, known commonly as the “legal limit” is .08% in New Jersey. Fines and risk of imprisonment  increase along with the percentage and whether or not this is your first, second, or third offense  If you are pulled over by a police officer on suspicion of DWI, you must submit to two (2) breath tests. If you refuse, you will be immediately cited for refusal to take the test.

Losing Your License

If your driver’s license is suspended or revoked for ANY reason, you will not be able to drive your car legally, even if you need to drive to get to work.

Expunging Criminal Records

If you have a New Jersey criminal law record, depending on the type of crime involved, how long ago it was committed, and your age at the time, you may request that it be “expunged.” Expungement involves the removal of all criminal records on file anywhere within the legal system, including warrants, arrests, and convictions. You can only expunge records of crimes, disorderly conduct offenses, and local ordinances. Even if you no longer reside in New Jersey, you can request that your records be expunged with the assistance of an in-state attorney – no court appearance is usually required.

Polygraph Tests

You are not required to undergo a polygraph examination, but if you do, the result may be admissible in court if you and the prosecution agree to it.  Do not agree to take a polygraph unless you have a lawyer.

Miranda Rights

Miranda rights, or the rights usually read by the arresting officer at the time of arrest, are NOT legally required in New Jersey, although they are required once you are in police custody and the police want to ask you questions about the crime for which you are being charged.  Do not give any statement to the police unless a lawyer is present.

Search and Seizure

The police cannot search you, your home or car unless they have a warrant or probable cause.  The police are required to inform you that you have the right to refuse to give consent to search your home or car. Failure to do so is grounds for throwing out any evidence seized.  If the police have obtained a warrant, you must permit them to conduct the search.

Megan’s Law

While no longer unique to New Jersey, Megan’s Law, or the law established to require convicted sex offenders to be registered as such and those records made available to the public, was initially established in New Jersey and remains in effect today.  The law has far reaching consequences.  There is a tiering procedure which will classify you as a Tier 1 through Tier 3 offender and will control what information is given to the public.  The tiering process is technical.  You should have a lawyer to assist you.

Einhorn, Harris, Ascher, Barbarito & Frost
165 East Main Street
Denville, NJ 07834