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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.

 

Domestic Violence Charges

Domestic violence is defined as an action taken by one partner in a relationship to control or hurt the other. Family courts and criminal courts have concurrent rules over “family offenses” such as assault, sexual misconduct or abuse, stalking, menacing, and strangulation. Anyone performing these acts can be charged with domestic violence.

Domestic Violence Accusations

  • Beatings or physical attacks such as kicking, slapping, punching or hair pulling.
  • Threats that make the victim afraid for themselves or others.
  • Kidnapping.
  • Involuntary sexual contact or rape under threats.
  • Theft or damage to personal property.
  • Forced entry into home, with or without a weapon.
  • Threats with a weapon such as a gun or knife.
  • Repeated verbal degradation and attacks.
  • Stalking by actions done more than one time.

Domestic Violence Penalties and Sentences

    If the assault took place during a consensual fight, then the charge will be downgraded to a petty disorderly person offense.

  • If the assault occurred on a public official like a police officer, then the charge will be upgraded to a fourth degree crime which can carry up to 8 months in prison.
  • The charge may be upgraded to a third degree crime if the assault took place on a public official and bodily injury resulted. A third degree crime carries 3 to 5 years in prison if convicted.
  • Criminal contempt in domestic violence cases is a fourth degree crime which carries penalties of up to 8 months in prison and $25,000 in fines if convicted. (N.J. Rev. Stat. §§ 2C: 25-30, 2C:25-31, 2C: 29-9)

Whether you are guilty or innocent, you need a strong domestic violence defense attorney.

Domestic Violence Defense Attorney, New Jersey

We at the Law Office of Joel Silberman work for the best result for our client. We study your case and fight vigorously for you and do our best to dismiss or minimize your penalties.  We have offices in Jersey City, Newark, and New York. Call us today at 201-420-1913 for a consultation with Attorney Joel Silberman. You can also send an email to 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 .

 

A Dependable and Experienced Criminal Defense Attorney

If you are accused, charged, or arrested for criminal charges in New Jersey, you will need an experienced and aggressive New Jersey criminal defense attorney. A criminal defense lawyer specializes in the defense of individuals, companies and entities charged with criminal conduct.

The involvement of a criminal defense lawyer can have a great impact on the outcome of the legal case. Criminal accusations of any kind may lead to consequences that will affect an individual’s personal and professional life, as well as their livelihood. It is highly recommended to choose an experienced and trusted attorney.

Joel Silberman a Dependable and Experienced New Jersey Criminal Defense Lawyer:

  • He will help you in any case of state or federal level.
  • If you are convicted, even if it is a minor charge, choosing Joel Silberman means your selecting a lawyer who has expertise in criminal defense.
  • He has handled criminal defense cases in the past, that resulted in great outcomes for his clients.
  • Meet Joel Silberman personally and then decide whether you are confident in his skills and feel comfortable with his analysis of your case.
 

Penalties for Refusing an Alcohol Test in New Jersey

As per New Jersey law, one should take a breathalyzer test if he or she is arrested for DWI. New Jersey’s “implied consent” law (Annotated 39:4-50.2) says that if one is lawfully arrested by an officer under the  belief that the individual has been driving while intoxicated, he or she should give their consent to take a chemical breath test for the purpose of determining blood alcohol content (BAC).  The test is taken at the time of the arrest.

Once an individual is arrested, the officer will request a breathalyzer test and should read the individual their rights, depending on whether he or she submits to a test, or the penalties should they refuse. The penalties for refusing to submit to a chemical test are found in the New Jersey Statutes Annotated 39.4-50.22.

Penalties for Refusing an Alcohol Test

  • 1st offense – $300-$500 fine and a license suspension of no less than 7 months and no more than 1 year.
  • 2nd offense – $500-$1,000 fine and a 2-year license suspension.
  • 3rd offense – $1,000 fine and a 10-year license suspension.
  • Installation of an ignition interlock device for a period of 6 months to 1 year after license restoration for the 1st offense, 1 year to 3 years for the 2nd and 3rd offenses respectively.
  • Automobile insurance surcharge of $1,000 a year for 3 years for 1st and 2nd offenses and $1,500 for 3rd offense.
  • A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund Referral to an Intoxicated Driver Resource Center.

Additionally, if one refuses to take a chemical test after they have been arrested for DWI when driving on school grounds, through a school crossing, or even within 1,000 feet of a school, the penalties are doubled.

Are You Charged With DWI? Contact the Law Offices of Joel Silberman, LLC

DWI defense attorneys at the law office of Joel Silberman have been serving clients in New Jersey for more than a decade. We provide diligent criminal defense representation to clients who are facing DWI charges. Call us today at 201-420-1913.

 

Criminal Defense in New Jersey – The Three Phases of DUI Detection

Driving under the influence (DUI) is a crime of driving a motor vehicle while impaired by alcohol or drugs. If you are arrested for DUI, then hiring a criminal defense attorney will help you.

Three Phases of DUI Detection

In DUI investigations, police officers follow guidelines during the process. There are three phases in the DUI investigation.

  1. Vehicle in motion: In this phase, the officer decides whether to stop the vehicle by observing the manner in which the vehicle is driven. If the officer stops the vehicle without a probable cause, then it is a violation of the United State Constitution.
  2. Personal contact: In this phase, the officer makes face-to-face contact with driver and observes appearance, behavior, coordination, and verbal interaction.
  3. Test: In this phase, the officer tests the driver’s blood alcohol level. The driver has a right to refuse the test, but may be penalized.

Criminal Defense Attorney in NJ

When you are facing criminal charges, you need to hire a criminal defense attorney to fight for you. Attorney Joel Silberman, a NJ criminal defense attorney, is dedicated to fight for individuals that are facing federal, state and municipal charges. Contact attorney Joel Silberman at 201-420-1913.

 
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