Expungement Is Not For Everyone under N.J.S.A. 2c:52-1

expungement is not for everyone, expungement, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, drunk driving, attorney, lawyerRecently 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


What is Expungement under N.J.S.A. 2c:52-1?

what is expungement, expungement, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, drunk driving, attorney, lawyerRecently 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


Justifications For Punishment

The life of the law has not been logic; it has been experience…
Oliver Wendell Holmes Jr., The Common Law 1 (1881).


Justifications for Punishment, utilitarian, utilitarianism, retributivist, retributivism, Rutgers School of Law Camden, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerThe Hopatcong cop charged with simple assault after his encounter with an air horn wielding individual in a bunny costume has made the news again. If nothing else, this will provide a case study, an object lesson if you will, in the justifications for punishment. I learned this in law school, so you might want to pay attention.

Apparently, the Sussex County First Assistant Prosecutor recently charged the officer with harassment, too. Indeed, one might say the government is providing the officer with on the job training for something that the criminals already know—don’t get caught. And let’s be candid. Read more


Sentence in accordance with the code, N.J.S.A. 2c:43-2

Sentence in accordance with the code, N.J.S.A. 2c:43-2, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerA last minute adjournment of a sentencing took place in Hudson County Superior Court this week, per nj dot com. The defendant previously plead guilty to leaving the scene of an accident resulting in death. He also plead guilty to endangering an injured victim by leaving the scene. Furthermore, he plead guilty to hindering his own apprehension. Previously, he struck a mother and child on their way to school where the girl was in first grade. Indeed, he admitted he exited his vehicle, saw the fatally wounded girl, returned to his vehicle, and fled. Read more


Pretrial Intervention, N.J.S.A. 2c:43-12

pretrial intervention, pti, supervisory treatment, N.J.S.A. 2c:43-12A former captain of the Princeton University swim team who allegedly had a shotgun will enter Pretrial Intervention (PTI), per nj dot com. Indeed, Mercer County prosecutors said he will undergo three years supervision, a psychological evaluation, and complete 40 hours of community service. A few months earlier, Princeton cops charged him with unlawful possession of a weapon after confiscating the alleged shotgun. Under New Jersey law, unlawful possession of a weapon involving a shotgun is a third degree crime.1 Read more


Criteria for Fines,
N.J.S.A. 2c:44-2

criteria for fines, N.J.S.A. 2c:44-2 mong the penalties for conviction of an offense, New Jersey courts may sentence offenders to pay fines.1 Additionally, the statute sets forth ordinary ranges for fines by degree of offense.2 Furthermore, state law provides criteria for fines the court must consider, find, and give a reason on the record before imposing a fine. Perhaps this is at least part of what people mean when they say crime doesn’t pay.
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Criteria for Imprisonment, N.J.S.A. 2c:44-1

criteria for imprisonment, sentencing factors, aggravating factors, mitigating factors, N.J.S.A. 2c:44-1, new jersey, criminal defense, attorney, lawyerNew Jersey law enumerates specific criteria for imprisonment. Furthermore, these criteria apply to every defendant convicted of an offense. Recently a man appeared in Mercer County Superior Court for an assault sentence, per nj dot com. But before the court imposed the sentence, the victim gave an impact statement. Describing herself as “almost dead,” she called the assault “senseless,” and said “every day” she thinks about it. Additionally, prosecutors said the defendant argued with his girlfriend, picked up a kitchen knife, and stabbed her several times. Ultimately, Read more