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Cocaine Possession – determining the penalties and categorization of charges

Possession of cocaine is a serious crime. If you have been charged with the possession of cocaine, you may face serious penalties. It is important for the defendant to be aware of how charges are categorized. It is also advisable to hire a drug offense attorney to protect your rights.

Categorization of Possession of Cocaine Charges

  • Weight of cocaine: Many states categorize the possession of cocaine charges based on the weight of the cocaine. Possession of cocaine that weighs less than a gram will result in the lowest level of felony. People who possess higher weights of cocaine will face higher degrees of felony.
  • Distribution of cocaine: Cocaine can be distributed in the form of crack rocks, or in powdered form in small baggies. If a person is found with several baggies or crack rocks, the charges may be increased by alleging that the person possessed the cocaine with intent to distribute.
  • Purity of the cocaine: Charges for the possession of cocaine will also be influenced by the purity of the cocaine. When a package of cocaine is first introduced for distribution, it has a higher degree of purity. For this reason, the person possessing the higher purity level of cocaine is an indication of distribution, hence, the defendant’s charge increase.

Determining the Penalties

The penalties are influenced by the degree of felony. The penalties for a mere possession of cocaine can range from automatic probation, to up to five years in prison. The penalties for possession of cocaine will increase incrementally by weight.

Some states will enhance the penalties based on aggravating circumstances. Some of these include possession of cocaine within a drug free zone, having a firearm, and the purity level of the cocaine.

The penalties for the possession of cocaine with the intent to distribute are also higher. Some states will increase the felony level to the next felony category for the distribution of cocaine.

Drug Offense Lawyer in New Jersey

If you or a loved one has been charged with a drug-related offense in New Jersey, contact The Law Offices of Joel Silberman, LLC immediately. Our experienced NJ drug defense lawyers will defend your rights and fight to keep you out of jail.

Law enforcement never rests and neither do we. Immediately after retaining Attorney Joel Silberman, you will receive a 24/7 dedicated line to contact him on.

Call us at 201-420-1913 to schedule a consultation with Attorney Joel Silberman.

 

What is Statutory Rape?

Statutory rape refers to having sex with someone below the “age of consent”. Laws vary among the states concerning statutory rape laws the “age of consent”. The crime is also referred to differently according to state.

Statutory rape differs from other types of rape or molestation. In the case of a rape, the act would not be a crime if all participants were willing and above the age of consent. However, statutory rape can involve underage participants who willingly engaged in the act. Those who are under the age of consent cannot legally consent to sex. Therefore, the act is considered a crime.

Age of Consent

The age of consent is the age at which someone can legally agree to be involved in sex. This age varies from state to state. Different states set the age of consent at 16 years old, while others set it at 17 or 18.

Factors Affecting the Charges and Penalties

The penalties concerning statutory rape depend upon the facts involved. Most typically, the two main factors which affect the level of offense for an act of statutory rape are

  • The age of the victim.
  • The age difference between victim and perpetrator.

Other factors that are taken into consideration are the number of prior sex offenses committed by the accused, involvement of drugs or alcohol and whether or not, the crime resulted in a pregnancy.

Penalties for statutory rape may be as follows:

  • Prison or jail sentences
  • Probation
  • Incarceration
  • Fines and mandated treatment services.

Contact Us in Times of Need:

If you are accused of statutory rape, call us right away for highly qualified and devoted legal representation. Law enforcement never rests and neither do we. Immediately after retaining Joel Silberman you will receive a 24/7 dedicated line to contact him. Call The Law Office of Joel Silberman, LLC today at 201-420-1913 or email joel@joelsilbermanlaw.com.

 

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.

 

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.

 

Is Sexting Against the Law in NJ?

Sexting in New Jersey is against the law and is chargeable under New Jersey Endangering Welfare of Children Statute. This slide shows the different laws of sexting for teens and adults. If you are charged with sexting,then sex crime defense lawyers at the Law office of Joel Silberman in New Jersey can help. For any information, call us at 201-420-1913 or email at joel@joelsilbermanlaw.com.

Is Sexting Against the Law in NJ?

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Child Pornography Laws in New Jersey

Under New Jersey law, it is illegal to possess, view, distribute, share, receive, photograph or allow a child to engage in child pornography because the images of child pornography are not considered protected speech by the Constitution of New Jersey. It is rather considered as a form of child sexual exploitation. Child pornography can take place on a computer through the use of the internet or a smartphone which is commonly known as sexting.

What is prohibited?

  • Allowing or causing a child to engage in any prohibited sexual acts if one knows or has reason to know or knows the act to be filmed either through the internet or as a part of exhibition or performance.

  • Producing, photographing or filming a child in a prohibited sexual act.

  • Knowingly possessing any item that depicts sexual exploitation or abuse of a child;

  • Knowingly distributing an item that depicts sexual exploitation or abuse of a child;

  • Knowingly keeping or maintaining child pornography by using a file-sharing program.

 

Penalties for child pornography in New Jersey

  • For first time offender, at least five years jail term for distributing at least 25 images of child pornography and ten years for repeated offenders.

  • Anyone convicted of engaging a child in pornography will serve at least 85 percent of their prison term.

  • Non-parents and guardians engaging a child in pornography will face charges of first-degree crime.

  • Anyone convicted for second and subsequent times for permitting or causing reproduction of child pornography will face extended prison terms.

  • Certain convictions may include lifetime parole supervision.

Contact Experienced Sex Crime Defense Attorney

It is very important to have an experienced New Jersey child pornography defense lawyer who understands the issues at play.

When your reputation, your job and your livelihood are on the line, a sex crimes attorney in Jersey City, NJ at the Law Office of Joel Silberman, LLC can assist in investigating and preparing your case. Attorney Silberman and his team can work with the appropriate experts to maximize your ability to obtain a successful resolution of your case.

Please feel free to call our office at 201-420-1913 for further information about conviction of child pornography offenses. You can also send mails at joel@joelsilbermanlaw.com.

Their service locations include Jersey City and Newark.

 
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