Municipal Court and Criminal Law Updates
Petty and Disorderly Persons Offenses-Drugs and Alcohol Violations
by Barbara Ungar, Esq. on 07/12/13
In municipal court, an individual can be charged with a petty disorderly persons offense or a disorderly persons offense, which has a potential of jail exposure. If you are a first time offender facing one of these charges and the charges are drug related, you may be eligible to apply for a conditional discharge, which will afford you the opportunity of having your charges dismissed, provided that you do not receive any new charges and may be required to participate in treatment. If your charges are not drug related, there is a bill pending in the Legislature entitled the Conditional Dismissal Bill, which would also afford you the opportunity to have your charges dismissed, if you are accepted into the program and comply with the probation monitoring requirements for a one year period of time.
In you do not qualify as a first time offender in the municipal court, you may want to have an attorney subpoena records, interview witnesses and have an attorney pursue a defense on your behalf. Once you have obtained the needed records and have a defense to present at trial, in the event that your case is not resolved, you will then be prepared with your attorney to go to trial. It is therefore important that you have an attorney that will assist you in gathering the required records, witnesses and to prepare for trial. We can therefore ensure that you receive aggressive representation in the municipal court to assist you in getting your case resolved or in going to trial.
Addressing Domestic Violence Complaints in Municipal Court and in the Family Court of the Superior Court
by Barbara Ungar, Esq. on 07/12/13
Often, disputes between spouses or family members in the home, result in charges being brought in the municipal court and also in the Superior Court, Family Part. If you have been charged with domestic violence in the municipal court and also if you have been served with a Temporary Restraining Order in the Superior Court of New Jersey, Family Part, it is important that you have an attorney, that is experienced in handling these type of cases, review the events that occurred.
We will often review and evaluate the facts of the case and determine if there is a basis for the victim to prevail in the municipal court. We can also determine based upon the facts of the case, if the victim will be successful in seeking the issuance of a Final Restraining Order in the Superior Court, Family Part. Often, these cases are fact sensitive and witnesses to the events and evidence of emails or texts sent or photographs or videos taken are often important to assist in strengthening your case. Even if your case is dismissed in the municipal court, you still may be facing parallel proceedings in the Family Court. Our office is experienced in dealing with the domestic violence issues and family issues that may be addressed in the municipal court and also in the Family Court.
Handling of DUI Defense In Municipal Cout
by Barbara Ungar, Esq. on 07/12/13
When facing a charge of DUI, you are aware that there are significant penalties involved of loss of your driving privileges, and exposure to jail time, especially if you are facing a second or third or subsequent offense. It is important for your case to be reviewed by an experienced attorney that is used to defending individuals charged with DUI offenses.
Often, the police in stopping you and then arresting you for DUI, rely on their own assessment of you and their expertise to determine if you are under the influence of drugs or other narcotics. Yet, there is often a basis to challenge the police as to the basis for stopping the vehicle initially and then, for their own determination that you were under the influence of drugs or other narcotics at the time of the stop that led them to arrest you. At our office, we routinely challenge the police's expert determination and have had success in achieving great results in our defense of DUI cases.
Defending DWI Charges in Municipal Court
by Barbara Ungar, Esq. on 07/12/13
If you were recently arrested and charged with DWI, you are facing jail time, loss of your driver's license, the imposition of an interlock device in your vehicle, penalties and fines. It is important that you have an evaluation of your case by an attorney that has expertise in the handling of DWI cases and determine if the police had a basis to stop your vehicle and as to whether the police had a basis to arrest you. It is important for a determination to be made as to whether the police had a basis to perform any tests on the side of the road and to determine if the police had a basis to request that a Breathalyzer test be done on you.
We will review the discovery and determine if there was a legal basis to stop your vehicle and then to arrest you. We routinely challenge the basis of the stop of the vehicle, the tests performed on the side of the road, the arrest of you and the Breathalyzer tests done at the station. Through our evaluation of your case, we can also determine if there is a challenge to the accuracy of the readings, to the reliability and operability of the Breathalyzer test done on you.
We will ensure that you receive our utmost attention in dealing with these important issues when we provide your with aggressive and zealous representation of you as a client and we have had success in achieving great results for our DWI clients. For more information about the handling of DWI cases by our lawfirm, you may also visit our website at www.go-dwinj.com.
Facing No Insurance Violations and the Significant Consequences
by Barbara Ungar, Esq. on 07/12/13
If you have been charged with driving without liability insurance, the Court would have advised you that you are facing severe consequences of loss of your driving privileges, in addition to the imposition of jail time. In addition, if this is your second or subsequent violation, the imposition of jail time is mandatory. If you are a non citizen, there may be a significant impact upon your citizenship status and you must be careful in resolving your case.
In evaluating your case, it is important to determine if notice of cancellation of your insurance was given to you by your insurance company or if you had notice that you no longer had liability insurance coverage on your vehicle. It is important for a proper evaluation of your case to occur and that you obtain proper representation for your pending charges. Our office will assist you in ensuring that you have proper representation of your charges.