If you’ve been arrested for a DUI, you may not remember the events that lead to your arrest. But chances are you are very clear about the events that followed. The worst time to learn about the significance of a DUI is when it’s happening. While experience is a great teacher, it may be helpful to know more about the legal process ahead of time.
Here’s what to expect in the state of New Jersey.
The arraignment is the primal step of the criminal procedure. It takes place in a courtroom. The purpose of the arraignment is to inform you of the charges you face. This is the time to enter a plea with the judge – usually “guilty” or “not guilty.” There are other pleas, and it gets complicated, which is why at this point you are assigned a lawyer if you can’t afford one.
The Pre-trial Conference: continuance, plea bargain, suppression hearing, trial
Before the pre-trial conference, your lawyer should have received all evidence against you from the prosecutor’s office. Sometimes there’s a delay in receiving the documentation. When there’s a delay, your lawyer will ask for a “continuance.” A continuance is granted if more time is needed to gather evidence.
If all the evidence has been received and reviewed by the date of the pre-trial conference, your lawyer and the prosecutor will discuss the merits of the case. Each nitpicks flaws in each other’s facts regarding the case and they will argue about what should happen. Sometimes there’ll be a reduction in the charges. Sometimes there’ll be a dismissal. Sometimes there’ll be a compromise. When compromise isn’t possible, the case moves forward.
A suppression hearing occurs if your lawyer believes your constitutional rights were violated. This is the stage where your lawyer can move to quash evidence against you. Many cases will be resolved at this point.
If your lawyer and the prosecutor have not agreed to a plea bargain, and your case wasn’t dismissed at a suppression hearing, a trial date will be set. At the trail – which takes place in Municipal Court – a judge will examine evidence and hear testimony. The judge will decided your innocence or guilt as there are no trial juries in the state of New Jersey.
If found guilty at the trial, you will receive a punishment, also known as a sentence. Receiving a sentence doesn’t always mean jail time. In some cases, you might receive a fine or community service. The possible sentences are fixed within the law of the offense.
Are you facing a DUI?
If you need a DUI lawyer in New Jersey, contact Charles Block.
After everyone has had a few days to process the recent Ray Rice controversy, many New Jersey residents (along with sport fans around the world) are asking the same question: Should New Jersey lawmakers change who is eligible for the pre-trial intervention program in order to avoid probation or jail time?
Rice, a former NFL star (now that he has been suspended indefinitely and released by the Baltimore Ravens), was charged with aggravated assault in February for attacking his then-fiancé (now wife) at Revel, an Atlantic City Casino. If convicted, he faced a possible sentence of 3 to 5 years in prison.
A request by Rice’s attorney for pre-trial intervention was granted by the Atlantic County Prosecutor’s Office. A pre-trial intervention program allows first-time offenders of 3rd or 4th degree crimes to avoid prosecution. If Rice meets the conditions of the program, his record will be cleared of the charge.
This past Monday, TMZ posted video of the violent attack in which Rice punched his wife and dragged her unconscious body out of an elevator. Since the video was made to be seen publicly, state Senate President Stephen Sweeney called to review the process in which the Atlantic County Prosecutor’s Office decided on whether or not the New Jersey PTI program needs to be changed.
Upon seeing the violent video, State Assemblyman Joseph Cryan plans to introduce a bill next Monday that would prohibit any individual who is charged with aggravated assault in a domestic violence case from entering the pre-trial intervention program.
Do you think it is time to change the law? If you have any questions concerning the current program for pretrial intervention in New Jersey, please contact Attorney Charles Block today.
In the state of New Jersey, there are two scenarios that can leave you without the expungement you were hoping for, to wipe away a crime from your record:
- Objection to Your Petition
Why Would You Be Ineligible for an Expungement?
- Prior Convictions- Numerous requirements must be met in order for an expungement petition to be eligible. An individual must not have other prior convictions. New Jersey courts take into account all previous crimes when considering eligibility of expungement petition
- Pending Cases- Pending criminal charges are also considered by New Jersey courts. In most cases, if there are pending charges, the courts will find you ineligible
- The Waiting Game- You must complete a waiting period which begins at either:
- The enforcement date of sentence
- Date all fines are paid
- Date jail, parole or probation is completed (whichever date comes last)
Waiting times vary depending on severity of conviction
General waiting periods:
Felony Crime – 10 years
Misdemeanor – 5 years
Juvenile Adjudication – 5 years
Municipal Ordinance – 2 years
Young Drug Offender – one year
Diversion Program – six months
Dismissal – No waiting period
If you find that you are ineligible due to any of the waiting time requirements, you can have an expungement lawyer of NJ prepare your paperwork and help you apply later once you become eligible. This ensures that your record is cleared as soon as possible.
Do You Meet All of the Requirements, But are Still Denied?
After meeting all of the requirements, your petition for expungement could still be denied by a prosecutor if:
Expungement is not in the public’s best interest
The crime is considered too dangerous to be expunged
You do not prove to be rehabilitated after crime
If you are in need of assistance in getting a criminal charge wide clean from your record, contact my office today.
As a traffic law attorney of New Jersey, one thing I’ve come to understand to be true is that car accidents can happen to anyone at any given time. If you’ve been driving for a while, chances are, you’ve either been involved in an automobile accident or have witnessed one occur first-hand. In many cases, drivers do not even realize they have been involved in an accident and drive off without realizing they have caused an accident. However, if you leave the scene of an accident, you could face serious charges in the state of New Jersey.
There are absolutely penalties for leaving the scene of an accident. If you leave the scene of an accident you could face either traffic ticket charges or in worst case scenarios, criminal charges. Penalties can depend on:
- Whether or not there was damage to the vehicle
- Whether or not someone was injured as a result of the accident
- Whether or not someone was killed as a result of the accident
First Offense Penalties Include:
- Fine from $200 to $400
- Spend up to 30 days in jail
- Six-month license suspension
- 2 motor vehicle points added to license
Second Offense Penalties Include:
- Fine from $400 to $600
- From 30 to 90 days spent in jail
- 1 year licenses suspension
- 2 motor vehicle points added to license
Injury or Death:
- From $2,500 to $5,000 fine
- 180 days spent in county jail
- 1 year license suspension for a first offense
- Permanent license forfeiture for a 2nd offense
- 8 motor vehicle points added to license
As an experienced traffic defense lawyer, I, Charles Block can craft an effective defense to ensure you avoid severe penalties if you leave the scene of the accident. But, to avoid this scenario altogether, always pull over to the side of the road if involved in an accident and wait for assistance.
As a criminal attorney of Haddonfield, I get asked this question a lot. Some of the most expensive things people target are cars, digital devices like cell phones and cash. But, no personal possession is safe! In fact, according to the National Retail Federation (NRF), one of the most commonly stolen items is Nutella. This is because it is relatively expensive and high in demand, two of the largest factors in why items are stolen.
But there are many weirder things that people shoplift. According to NRF, here are the 10 weirdest things shoplifted:
Tide, which is an easily recognizable brand of laundry detergent is traded for drugs and other illicit items. This item is difficult to track because of the lack of serial numbers on the packaging.
According to a 2013 crime survey conducted by the NRF, allergy medicine has become a popular item to steal. Allergy medication is typically stolen for recreational use, or re-sold on the streets.
Young shoplifters choose to steal pregnancy tests to avoid embarrassment of purchasing them in public. But more importantly, they are targeted by groups of thieves for their resale value. They can be sold on the black market for near-retail prices.
These are stolen for their value at scrap yards. The price of such metals as platinum, rhodium and palladium found in a catalytic converter has risen in recent years, which can explain why they are one of the most shoplifted items.
At first, you may not consider this item to be a hot commodity, but with the increase in metal prices, manhole covers are stolen frequently. Thieves will go as far as dressing as construction workers when stealing the covers.
Certainly the tastiest item on the list, Nutella is reported as being stolen in areas throughout the world.
It is a labor-intensive process to produce maple syrup. 40 gallons of sap is required to produce a single gallon of syrup, which is why thieves go to great lengths to steal million dollars’ worth of sap.
Make sure you keep an eye on those porch plants you have in front of your house. In the past year, there have been a number of shrubbery theft cases, with thieves leaving damage to lawns. Plant value can reach extreme highs when traded on the black market.
IT is common for thieves to break into the backyards of homes located on the Ocean in order to steal their boats. Along with small boats, jet skis are also a commonly stolen item.
Due to the increase in demand for beef overseas, the value for steak has risen greatly. In 2013, it was reported that more than 10,000 cows and horses were stolen. It is clear that steak is no exception for shoplifters.
To learn more about shoplifting, contact the Law Office of Charles Block today.
As a criminal law attorney, many of the questions I receive are about restraining orders. In fact, one of the most important questions I get asked is, “When can I file for a restraining order?” In order for resident of New Jersey for a restraining order, he or she must have been a victim who was subjected to domestic violence.
What does the term, “victim,” mean?
A victim is anyone who is over the age of 18 who has been subjected to an act of violence caused by a spouse, present household member, or former household member. The term victim also includes anyone, or any age, who has been abused physically by a spouse who he/she is having a child with, or a person who he/she is in a dating relationship with.
Individuals are able to obtain a restraining order against a juvenile if they have a child with the juvenile, and have been subjected to domestic abuse. The steps involved with filing for a restraining order include:
- · Fill out a domestic violence complaint, which is a civil complaint
- · Appear before judge who upon reviewing the complaint, will ask questions
- · A temporary restraining order will be filed if the judge is satisfied with your answers
- · A final restraining order hearing will also be set by the judge
There is a difference between a temporary restraining order and a final restraining order is that the temporary restraining order is issued to the individual based on their input given during the initial hearing. This protects the victim from the defendant until the final restraining order is given.
For more information on criminal law, please contact Charles Block, Attorney at Law, by calling 856-741-1495.
In the state of New Jersey, there are three ways to commit simple assault.
· Attempting to/actually causing bodily harm to a person.
· Injury caused by a deadly weapon
· Put fear of bodily harm into a person’s mind
When does a bodily injury occur? A person causes bodily injury when the person they are harming is physically injured or in pain. Traditional weapons such as firearms, along with objects or substances that non-traditional can also constitute a deadly weapon. In many simple assault cases, as object such as a brick, or something related, is used to pose harm to someone.
What are the penalties that result from a simple assault charge? Since a simple assault is normally categorized as a disorderly persons offense (unless it is categorized as a petty disorderly offense due to a consensual fight where an injury occurred) an individual can be ordered to pay a fine or make restitution. In the state of New Jersey, a fine cannot exceed $1,000, however, a judge has the authority to order a higher fine. The higher fine cannot exceed the amount of loss suffered by the victim.
It is advisable to consult a simple assault lawyer because being charged is a serious matter which can become worse if there is no legal action. For more information, please contact my New Jersey office. You can reach the office of Charles Block, attorney at Law, by calling 856-741-1495. Please feel free to set up a legal consultation. Contacting my office can be the difference between spending time in jail, and walking free.
One of the main questions a NJ simple assault attorney gets asked is “What is the punishment involved with a simple assault?” If you have been charged with simple assault, than you must understand the penalties involved and you may want to consider hiring an attorney who understands how to protect your legal rights and even make sure you receive the lightest sentence possible.
Two Types of Assault
New Jersey law states that there are two types of basic assault charges you can face, however, in order for you to be committed of those assault charges, there needs to be probable cause. It is the job of the prosecution to provide probable cause that an assault took place. The prosecution must prove that you:
You knowingly, purposely or recklessly attempted/caused physical bodily harm to another individual.
You unintentionally/negligently caused injury to another individual with a deadly weapon
You knowingly attempted to put another individual in fear of a bodily injury
The following punishments may be given to you if you have been convicted of simple assault:
You may be forced to spend up to 6 months in jail
You may be given community service
You may be responsible for a fine of up to $1,000
You may have a criminal record
Contact our Voorhees, NJ office today. Attorney Charles Block can help protect your legal rights and work to have your penalties reduced. Call 856-741-1495 today.
There are multiple methods to use in order to avoid receiving a traffic ticket. But, one method has stood strong since the invention of the automobile!
You must simply, drive safely.
As a traffic law attorney of NJ, Charles Block has represented individuals who could have avoided their traffic ticket by following this simple method. To avoid going through the trouble, here are some things to remember when driving around your neighborhood:
The Rules of The Road Weren’t Meant to Be Broken
If you don’t want to get ticketed, then never break any traffic law. Even though traffic laws vary in each state, you can do some research on what traffic laws are out there. Whether you are traveling somewhere in New Jersey, or crossing over to Pennsylvania, it is good to know the traffic laws wherever you are visiting.
Defense, Defense, Defense!
Just like winning the Super Bowl, the key to avoiding a traffic ticket is DEFENSE! Other drivers, especially police who are on the road, can become irritated over other drivers driving aggressively. Not only are you putting them in danger, you are putting yourself in danger by driving wild. By driving defensively, you can avoid being noticed by a police officer who is on the lookout for drivers swerving in and out of lanes.
Your Seat Belt Is There For a Reason
This is probably the first thing you learn when driving: Always wear your seat belt. Wearing a seat belt is a law in New Jersey and every other state as well, so be sure to click-it. Not only can wearing a seat belt help you avoid getting a ticket, it can also save your life. According to NJ.gov, more than 2,000 unbuckled drivers and front seat passengers died on New Jersey’s roadways in the past 10 years.
When cited with shoplifting charges, you may feel like you are experiencing one of the worst situations ever, without knowing what to do or who to turn to. A possible theft charge can have extremely negative effects on your future. Luckily, there is someone on your side that will work hard to keep your future looking bright.
Charles Block is a leading New Jersey attorney who has experience defending individuals involved with shoplifting charges. Just like any other case, he delves into the facts of the situation and works hard to bring justice accordingly. For each shoplifting case, he asks himself a number of questions including:
Are all accusations accurate?
You can’t always rely on the police reports to be completely accurate, which is why it is wise to take the time to read over every last detail and see if it adds up to the accusations. For instance, if a client is charged with theft, can the police prove that the person had intent to steal? If the client was charged with burglary, can the police prove that the person had intent to steal even before they entered the property? These necessary details of the crime must be proved beyond unreasonable doubt. As an experienced attorney, Charles Block can see through accounts that conflict with each other and tear apart police reports that don’t necessarily add up. During consultation, he will review every fact of the case, to see if there are any gaps of information missing or inaccurate.
Are There Any Legal Defenses?
Most shoplifting cases involve citizen’s arrest, where a store owner or personnel takes it upon himself to make the arrest before the police arrive. However, they do not act under the same rules and legal guidelines as real police officers. It is a fact that they have a right to detain a person; however, they must still act in accordance with the law and cannot just do whatever they feel like. For example, department store owners cannot spy on customers in the dressing room, assuming they are stealing clothes. If this is the case, it can be used in advantage of the defendant. Store personnel also cannot use excessive force when detaining a customer, another action that is a clear legal violation.
Every shoplifting case is unique and requires an experience attorney too lend his or her assistance with the case. If you or someone you know is unsure if they have been abused by the law, or uncertain why they have been cited, Charles Block is here to help.