Police in Hoboken, New Jersey, charged two suspects with bail jumping and other offenses, per nj dot com. It all began when the cops went looking for a suspect with warrants at a public housing building. During the investigation, the cops searched the grounds of the residential facility in Hudson County. Eventually, the cops saw the suspect open an apartment door on the fifth floor after a visitor knocked. Therefore, the cops approached. But the suspect allegedly tried to prevent them from entering. Consequently, the cops forcibly entered the unit. In addition to filing charges against the original suspect and the visitor for bail jumping, the cops also pressed charges for heroin possession and cocaine possession. Read More
News reports indicate the cops determined the driver was under the influence of alcohol. But the media did not report about the Standardized Field Sobriety Tests.
Nevertheless, the cops arrested the driver and took breath samples with an Alcotest.
Recently I blogged about the meaning of expungement under N.J.S.A. 2c:52-1. And I already know—everyone wants an expungement. Contrary to what you might have heard, however, freedom is not just another word for nothin’ left to lose. And if feelin’ good is good enough for you, then you really need to pay attention to this: under New Jersey law, expungement is not for everyone.
Until you figure out that freedom is responsibility, society will not accept you. Additionally, if you do not care, then do not whine about wanting an expungement. But if you do care, then there might be hope for you because this is not my lone opinion. Furthermore, when you accept responsibility for your past as well as your future, then society might accept you. Read more
Recently Governor Christie announced his intention to reform New Jersey’s expungement statute. Indeed, the timing of this announcement seems striking. During an extended hiatus from the Garden State—which included a failed campaign for the U.S. Presidency, and a failed bid for a Trump administration job—the litigation involving Christie’s Bridgegate scandal ended with convictions for Bridget Kelly and William E. Baroni Jr. Interestingly, just a few weeks before their sentencing, Governor Christie announced he wants to reform the expungement laws to give former prison inmates a better opportunity at finding a job. Talk about things that make ya go hmmmm… Read more
Previously I blogged about Refusal to Submit to Breath Test with respect to New Jersey’s drunk driving statute. Today I stumbled upon an infographic, however, purporting to explain individual rights. Indeed, this document included decorative colors, impressive photography, and concise language. Of course, this begs the question: why do these features persuade a person to want to believe what the document says? Nevertheless, some of the points appeared to be legally correct. But with respect to whether one must submit to a breath test, this infographic declared—in all caps, no less—you have the right to refuse. Though possibly true where the creator of this infographic lives, this directly contradicts New Jersey’s Implied Consent statute.1 Read more
The nerve! A man accused of a four-month crime spree that included two killings and several armed robberies turned down the State’s final plea offer this week. The crime spree allegedly began July 2014 and lasted until October. Additionally, the evidence against him will allegedly include DNA found on the defendant’s sweatshirt at the scene, text messages between the defendant and his girlfriend, and the testimony of several witnesses.
Therefore, the State had offered a 60-year prison sentence. Since the defendant rejected this offer, however, he will go to trial in June and possibly get a life sentence. But really, what is the difference between the State’s offer and the possibility of life imprisonment? Read more
New Jersey’s Driving While Intoxicated statute imposes penalties on a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug…1 Previously I blogged about the the meaning of the elements motor vehicle and operation. Many examples fall within the definition of motor vehicle. Additionally, many circumstances fall within the broad definition of operation. Similar to operation, the New Jersey legislature did not define under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug in the Motor Code. Instead, the judiciary has developed the definition through case law. This post will take up the meaning of these elements. Read more