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Cape May County Criminal Defense Law Blog

Respecting the consequences of juvenile traffic violations

It is a common stereotype of young people that they act reckless in many situations, including regarding legal accusations. This may be due to ignorance of the law or a lack of respect for consequence, but whatever the reason, all youngsters still know that they are not above the law. As a juvenile, you may not want to concern yourself with legal issues, and you may even hope that if you ignore the issue it will go away. Unfortunately, this is not the case.

Three New Jersey residents charged with drug possession

If you are arrested and charged with drug possession, you may think that all hope is lost. After all, when police clearly find you with drugs or drug paraphernalia in your possession, there is little left to ambiguity, right? It may surprise you to learn that being caught and arrested with drugs or drug paraphernalia is not necessarily the end of the road for you. There are many different legal options that can be employed in order to reduce the charges or even have them dropped.

Three people were recently arrested in New Jersey following a two-month investigation. Police searched the home in which the three were living and discovered a gun and a plethora of drugs, including marijuana, drug packaging paraphernalia, Oxycodone pills and Xanax. The three were arrested, charged with drug possession and possession with intent to distribute. It may seem like these three are facing grim circumstances, but all hope is not lost.

Defending against New Jersey sexual assault charges

When people are facing sexual assault charges in New Jersey, it can be truly frightening for them. A conviction for sexual assault can have life-changing consequences. In addition to a long period of imprisonment, the person who is convicted of such a charge faces a potential of lifetime registration as a sex offender. They may additionally have permanent problems finding housing and employment, long after any period of incarceration has been completed.

There are several possible defenses to a sex assault charge, depending on the facts of the case. In some cases, people may defend against the charges based on actual innocence. For example, they may have an alibi that clearly demonstrates it would have been physically impossible for them to have committed the crime. In other cases, the person may have been wrongly identified by the alleged victim. Challenging the identification and presenting exonerating evidence such as DNA can effectively end the ongoing case.

New Jersey man charged with drunk driving

New Jersey authorities reported that a 28-year-old man who was accused of being involved in a drunk driving car crash on April 12 was charged. They stated that no one was injured, but the other vehicle sustained extensive damage.

The accident reportedly occurred in the northbound lanes of Avenue C at the intersection with 52nd Street in Bayonne at 1:01 a.m. The accused man was driving a 2011 Ford Edge in the right lane when he allegedly failed to stop at a red light, side-swiping a 1994 Mustang that was sitting stopped in the left lane. The man reportedly did not stop until he reached the next corner.

Dealing with allegations of statutory rape in New Jersey

New Jersey courts and law enforcement authorities take rape very seriously. Allegations of statutory rape fall into the category of sex crimes. It's important to understand how statutory rape is viewed under the law. If there are sexual relations with a person who is younger than the 'age of consent" under the law, that means the person who was underage was not legally able to agree to have sex.

With statutory rape, one person need not have forced the other to take part in the act. In that respect, it is different from other kinds of sexual assault such as forcible rape and the molesting of a child. The person who is underage might have agreed to take part. However, since they aren't of a legal age to give consent, it is still a crime. If the underage person is forced, there could be a more serious sexual assault charge filed.

Star of "Real Housewives" faces further sentencing for fraud

Joe Guidice, star of the TV show "The Real Housewives of New Jersey," was sentenced on April 2 for charges related to driver's license fraud. This is in addition to a sentence of 41 months he is already serving on other fraud charges. He will be able to serve the 18 months of his driver's license sentence concurrently with that one. Guidice was also ordered to pay $10,000, and his driver's license was suspended for two years. Both of these are the maximum punishment.

According to reports, Guidice used his brother's birth and marriage certificates to get a license in his brother's name. His wife, Teresa Guidice, is serving a prison term of 15 months. The two worked out a plea deal with the U.S. Attorney's Office on charges that they defrauded lenders, concealed income and lied while filing for bankruptcy.

Penalties for a third DWI in New Jersey

The penalties for driving drunk in New Jersey can be severe, and those who have already been convicted of driving while intoxicated or permitting DWI on two prior occasions face particularly harsh sanctions for a third offense. However, the court will treat the third offense as if it was a second offense as far as sentencing is concerned if the second offense occurred ten or more years previously.

The most serious consequence of a third driving while intoxicated conviction in New Jersey is a custodial sentence of not less than 180 days to be served in a county jail or workhouse. While up to half of this sentence may be served in an approved inpatient drug or alcohol rehabilitation facility, New Jersey law specifically prohibits judges from allowing third time DWI offenders to participate in work-release or outpatient programs in lieu of a custodial sentence. A third DWI conviction will also result in a $1,000 fine as well as fees and surcharges totaling $325.

Governor vetoes New Jersey drunk driving bill

Efforts by New Jersey legislators to modify the state's drunk driving laws were dealt a blow on March 23 when Governor Chris Christie vetoed bill A1368. The bill would have reduced the length of the driving bans handed out to first time offenders and instead require them to have interlock ignition devices installed in their vehicles, but the measures were considered too sweeping and lenient by the governor.

The proposed law would have reduced the current three-month driver's license suspension to as little as 10 days for those convicted on a DUI charge for the first time. However, first-time offenders would also be required to have devices installed in their vehicles that would prevent them from starting if alcohol is detected. Current laws require only repeat offenders to have such devices installed. The governor is proposing that the interlocks be required without a corresponding reduction in license suspensions.

New Jersey company owners facing identity theft charges

Two New Jersey men were indicted on charges of identity theft, tax evasion and insurance fraud. According to authorities, the two men were owners of a construction company using someone else's identity as a front to commit these crimes. These men reportedly failed to pay $250,000 in taxes over the course of two years.

According to a release from the New Jersey state Attorney General's Office, the owners of this fraudulent construction company were arrested at their houses following their indictments by the state grand jury. The men were also charged with worker's compensation fraud, which allowed them to pay lower premiums by $350,000 between the 2010 and 2011 years.

Ways of fighting a drunk driving charge

Individuals in New Jersey who are accused of drunk driving may have a number of defenses available. Among the most common defenses are challenging the results of a Breathalyzer, blood or field sobriety test.

An attorney might also question whether the officer had probable cause to make the traffic stop in the first place. One's blood alcohol content may also rise over time after alcohol consumption, and the defense can claim that this occurred after the driver was no longer driving.

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