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Classification of Drugs in New Jersey

Illegal possession of drugs is a crime in New Jersey. Drugs are classified into several categories based on their likelihood to lead to negative activities or bad health.

Classification of Drugs

Schedule I: Drugs that are not used in the medical field fall under Schedule I. Drugs like heroin, marijuana, mescaline and peyote come under this category.

Schedule II: Any drug that is an opiate or contains coca is Schedule II. Use of these drugs can lead to mental problems and addiction.

Schedule III: Schedule III drugs can be used for medical purposes, but excess use of these drugs can lead to mental and physical dependency. Drugs like amphetamine and ketamine are in this category.

Schedule IV: Even excessive use of some medical drugs may lead to low level dependency. Such drugs, such as Barbital, fall under Schedule IV.

Schedule V: Schedule V drugs have medical uses and limited danger of physical dependence when compared to other categories. Codeine is a Schedule V drug.

Drug Offense Attorney in New Jersey

If you are involved in a drug offense, then you need to contact a drug offense attorney. Attorney Joel Silberman can handle a wide range of drug-related offenses. He will defend your rights and fight to dismiss or reduce your charges. Call 201-420-1913 for a consultation with Attorney Joel Silberman.

 

 

Failure to Register as a Sex Offender

In response to Megan’s Law, the Sex Offender Internet Registry Law, also known as Sex Offender Registration and Notification Act (SORNA), was enacted which requires certain sex offenders to register. This law was formed with the motive to create awareness of sex offenders by making their information public. Failure to register is a crime.

A person who has been convicted, or found not guilty by reason of insanity for commission of a sex offense shall register as a sex offender.

A person who fails to register as required under this act shall be guilty of a crime of the third degree.

Registration Requirements

An individual who has been convicted of the following sex crime is required to register as a sex offender:

  • Sexual conduct with a minor
  • Sexual assault
  • Sexual assault of spouse
  • Molestation of a child or continuous sexual abuse of a child
  • Infamous crimes against nature
  • Lewd and lascivious acts
  • Indecent exposure and public sexual indecency
  • Taking a child for the purpose of prostitution
  • Sexual exploitation of a minor
  • Incest
  • Kidnapping, aggravated assault, murder, unlawful imprisonment, and burglary (when the offense includes evidence of sexual motivation)
  • Failure to register as a sex offender
  • Violation of Sex Offender Registration statutes

Penalty for Failure to Register as Sex Offender: Third Degree Crime

Failure to register as sex offender is a third degree crime. If convicted, then the offender is liable for 3 to 5 years imprisonment.

Sex Crime Offense Defense Lawyer

If have been charged with failure to register as sex offender, then contact our experienced sex crime defense lawyer. The Law Office of Joel Silberman, LLC works to help you. Call us today at 201-420-1913 and see what we can do for you.

We serve in Jersey City and Newark in New Jersey.

 

Traffic Offense Lawyer Jersey City | Consequences of Driving Without Insurance in NJ

In New Jersey, driving without insurance is an offense leading to serious consequences. The penalties are stated by the NJ Compulsory Motor Vehicle Insurance Law – N.J.S.A. 39:6B-1. Under this law, all cars on the road must have liability insurance. New Jersey’s Statute 39:6B-2 requires the owner to maintain insurance on the vehicle for a minimum of $15,000 to cover injury or death, $30,000 to cover any one accident and $5,000 for property damage.

Penalties for Driving Without Insurance in NJ

First Time Offenders- A first time offender will face license suspension for up to one year, with a minimum fine of $300 and a maximum of $1000. The judge might impose community service.

Second Time Offenders– If a second offense occurs, then mandatory penalties include, jail for 14 days, a fine between $500 and $5,000, 30 days of community service, license suspension for at least two years and a $250 DMV surcharge for three years.

Contact Traffic Offense Lawyer in Jersey City

When you are convicted of driving without car insurance, a traffic offense lawyer in Jersey City can help. Attorney Silberman has extensive experience defending clients accused of traffic violations in New Jersey. Call 201-420-1913 for a consultation.

 

Misdemeanor Drug Possession in New Jersey

In New Jersey, misdemeanor drug possession is charged to a person when he is found under the influence of marijuana or hashish, or has failed to surrender the controlled substance to a nearby police officer. Marijuana possession of less than 50 grams and possession of drug paraphernalia is also classified as a misdemeanor.

If caught with illegal drugs while driving, then your driver’s license can be suspended for 6 months to 2 years. You may also be sentenced to jail for up to six months and face a fine of up to $1,000.

Misdemeanor Drug Possession Charges in New Jersey

Misdemeanor drug charges in NJ include:

  • 6 months to 1 year imprisonment (N.J.S.A. 2C:43-8)
  • A fine of up to $1000 (N.J.S.A. 2C:43-3(c))
  • Loss of public housing (N.J.S.A. 2A:18-61.1)
  • If the accused stays in a rented home, then eviction is possible. (N.J.S.A. 2A:18-61.1)
  • If caught while driving with illegal drugs, then loss of driving privileges for no less than six months and up to two years is possible. (2C:35-16),
  • If caught while driving and marijuana is found in the car, then mandatory loss of driving privileges for two years results. (N.J.S.A. 39:4-49.1)
  • A term of community service (N.J.S.A. 2C:43-2b(5))
  • An obligatory $75 Safe Neighborhoods Services assessment (N.J.S.A. 2C:43-3.2)
  • A compulsory $50 lab fee (2C:35-20)
  • A compulsory $50 Victims of Crime Compensation Board penalty (2C:43-3.1a(2)(a))
  • An obligatory $500 Drug Enforcement Demand Reduction penalty (N.J.S.A. 2C:35-15(e))
  • A period of trial of up to five years (N.J.S.A. 2C:43-2b(2)
  • Using or being under the influence of any drugs not for the purpose of treating a sickness or injury (as legally prescribed by a licensed physician) incurs a fine of up to $50. (N.J. Stat. Ann. §2C:35-10.)

Drug Crime Defense Attorney

If you are charged with a misdemeanor drug offense, then talk to a drug crime lawyer at The Law Offices of Joel Silberman. We serve all areas in New Jersey. You will receive a 24/7 dedicated line to contact. Call us today at 201-420-1913 or email joel@joelsilbermanlaw.com.
 

Is Domestic Violence a Felony?

Domestic violence is a broad term and can usually constitute violence between husband and wife, siblings, parents and children or same-sex partners.

Domestic violence can be considered a felony when:

•             A victim sustains serious injuries as a result of violence

•             Violence results in death of the victim

•             Violence committed on a minor or pregnant woman causes injuries

•             An act of violence or threat is done with use of a weapon

•             An act involves sexual assault or rape or forced sexual abuse

•             There is a history of domestic violence convictions

Contact Domestic Violence Lawyer in New Jersey

If you have been accused of domestic violence, then you should speak with a New Jersey domestic violence attorney at The Law Offices of Joel Silberman, LLC.

To contact The Law Offices of Joel Silberman, LLC, call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Consequences of Failing to Appear in New Jersey Court

A judge issues bail on condition you should return and attend court proceedings. If you fail to appear in court, then you may face severe consequences. It is advisable to hire a criminal defense attorney.

Possible Consequences of Failing to Appear in Court in New Jersey

  • If you fail to appear at court proceedings after bail in NJ, then you can be charged with ‘bail jumping’ or ‘failure to appear’. This might double the charges against you. A warrant may also be issued for your arrest.
  • If you fail to show up for a fourth degree criminal case, then you can be charged with failure to appear, fourth degree.
  • If you fail to show up for a third degree criminal case, then you can be charged with a failure to appear, third degree.

Criminal Defense Attorney in NJ

If you have been charged with a criminal case, then hire a criminal defense attorney to reduce or dismiss your charges. Attorney Joel Silberman, a criminal defense attorney in NJ is dedicated to fighting for individuals facing Federal, State and Municipal charges. Call 201-420-1913 for a consultation with Attorney Joel Silberman. You can also send an email to joel@joelsilbermanlaw.com.

 

Consequences of Drinking and Driving with Children on Board in New Jersey

In New Jersey, a parent drinking and driving with children on board can face serious consequences. Not only this, they can lose the right to operate a motor vehicle for a maximum of six months and must perform community service for up to five days.

Penalties

Penalties include fines, loss of driving privileges, jail and community service sentences. Severity of penalty depends on the driver’s blood alcohol content.

First Time Offenders

First time offenders whose blood alcohol content exceeds 0.08%, but is under 0.10% may face loss of driving privileges for three months, fines ranging between $250 and $400 with additional fees and 30 days in jail. In addition, the offender needs to attend 12 to 48 hours in an Intoxicated Driver Resource Center (IDRC) sponsored program.

Those whose blood alcohol content exceeds 0.10% will lose driving privileges from seven months to one year with fines between $300 and $500. For drivers whose blood alcohol content is 0.15% or higher, they will possibly have an ignition interlock device installed on their vehicle throughout the period of license suspension and for six months to one year.

Repeated Offenders

In New Jersey, there are strict penalties for repeat offenders. For second time offenders, penalties may range from license suspension for two years and fines between $500 and $1,000 with jail time between 48 hours and 90 days. For third time offenders, penalties include license suspensions for ten years and a fine of $1,000 with jail time of 180 days. The convict may also be required to attend 12 to 48 hours in an IDRC sponsored program. An ignition interlock device may also be installed in their car during their license suspension and for a period of one to three years after.

Contact our DWI Lawyer in New Jersey

After a DWI conviction, you can still protect your rights. DWI attorneys at the law office of Joel Silberman have been serving clients in New Jersey for more than a decade. We provide an aggressive and diligent criminal defense for DUI/DWI cases. We will work to protect your rights, and fight on your behalf to avoid a serious criminal conviction. Call our Jersey City DUI/DWI attorneys at 201-420-1913 the Law Office of Joel Silberman, LLC for a free consultation. You can also send an email to joel@joelsilbermanlaw.com.

 

Types of Restraining Orders in New Jersey

A restraining order is a court order to protect someone from bodily abuse or harassment. Some restraining orders may also include family members of the protected person.

Domestic Violence Restraining Orders in New Jersey

Emergency restraining order: For immediate protection when the courts are closed, you can request an emergency restraining order from a police officer. The police officer will call a judge who is assigned to handle emergency requests for restraining orders. This order lasts for less than a week.

Temporary restraining order: A temporary restraining order (TRO) is issued when you apply for a permanent restraining order. This order lasts for less than a month. A TRO provides protection until a permanent restraining order is issued.

Permanent restraining order: A permanent restraining order is issued after a hearing, and it is not actually permanent. Depending on your state, the permanent restraining order will last for a specific amount of time. If a threat remains when the order expires, then it can be renewed or extended.

Violating a Restraining Order

If you violate a restraining order, then you may face fines and imprisonment. The minimum jail time for the violation of a restraining order is thirty days.

Domestic Violence Attorney in New Jersey

If you have questions about a restraining order, then contact an experienced domestic violence attorney. Attorney Joel Silberman is an experienced domestic violence attorney in NJ. For a clear idea about restraining orders, contact him at 201-420-1913.

 

Types of Domestic Violence

Domestic violence is threatening behavior, that can be violent or abusive. It can be psychological, physical, sexual, financial or emotional between adults who are or have been in an intimate relationship or are related, regardless of the gender or sex.

Types

Physical abuse– Physical abuse is the use of physical force against the other person. Physical abuse includes:

  • Pushing, hitting, slapping, kicking, beating
  • Preventing the victim from leaving the room by locking it
  • Throwing objects at the victim
  • Refusing medical help for the victim
  • Denying basic needs such as eating and sleeping
  • Forceful use of substances like drugs and alcohol

Emotional abuse– Emotional abuse is the use of words, voice or action that can affect the emotional and mental well-being of the victim. Studies have revealed the scars of verbal and non-verbal abuse are more emotionally damaging than physical abuse. Emotional abuse may include:

  • Verbal threats
  • Name calling and using abusive language against the victim
  • Humiliating or embarrassing the person in front of others
  • Isolating victim from family and friends
  • Keeping excessive check on the victim
  • Blaming the victim for the abuse
  • Following or stalking the victim

Sexual abuse– Sexual abuse is when the victim is forced to have sexual intercourse with the abuser or take part in unwanted sexual activity. Common examples of sexual abuse include:

  • Forcing sex on the person
  • Forcing the person to have sex with others
  • Physically hurting the person during sex
  • Forcing the person to have sex without use of protection against pregnancy or sexually transmitted diseases
  • Unwanted touching

Financial abuse– Financial abuse is the use or misuse of power and control over finances without the partner’s consent. Common examples of financial abuse include:

  • Forbidding the victim to work
  • Demanding the victim to give account of money spent
  • Forcing the victim to pay for all expenses
  • Controlling bank accounts and common property
  • Forging signature of the victim on important financial documents

Experienced Domestic Violence Attorney in New Jersey

If you are accused of domestic violence, then you should speak with a New Jersey domestic violence attorney. In New Jersey, being charged with domestic violence can carry severe consequences, including time in prison. An experienced domestic violence attorney will provide valuable guidance throughout your case.

Contact The Law Offices of Joel Silberman LLC, at 201-420-1913 or email joel@joelsilbermanlaw.com .

 
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