Will I Go to Jail for a DWI in New Jersey?
May 29, 2019
If you have been arrested for driving while intoxicated in New Jersey, you likely have a burning question on your mind: am I going to jail? Since the penalties associated with a first time, second time, and third time DWI conviction are different, the circumstances of your case go a long way toward determining your jail exposure. Other factors also matter, including if someone is injured in an accident involving your DWI, in which case you may face additional criminal charges for assault by ... Read More»
Rights & Evidence in Court when Determining Bail
May 22, 2019
New Jersey eliminated the cash bail system and implemented a new pretrial detention system in January 2017. Under the new system, the state has the burden of making a motion that establishes, by clear and convincing evidence, that you should remain in jail leading up to your trial. If the state fails to meet this burden, you should be released until your trial commences. The state must make any motion to keep you in jail prior to your trial at a pretrial detention hearing held shortly after ... Read More»
Indictable Offense vs. Disorderly Persons Offense: Why Does It Matter?
May 15, 2019
Like many states, New Jersey classifies criminal charges into various types based on the perceived severity of the crime. While other states use the terms “felonies” and “misdemeanors,” New Jersey describes similar crimes as “indictable crimes,” “disorderly persons offenses,” and “petty disorderly persons offenses.” An “indictable crime” is similar to a felony in other states. A disorderly or petty disorderly persons offense is similar to a criminal misdemeanor. If you have been charged ... Read More»