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Criminal Law Archives

NEW JERSEY TOWNS WITH THE MOST REGISTERED CRIMINAL OFFENDERS

Under state and federal laws, certain criminal offenders-primarily sex offenders and persons convicted of violent offenses-must register as criminal offenders when they move into a community. Now, thanks to a "Registered Criminal Offender Risk Index," you can find out just how many such individuals reside in your community. The data, collected from online state criminal registries across the country, is available on desktop or handheld devices. The developers of the index say, though, that it does not include anyone currently residing in any correctional facility.

CAN YOU LEGALLY AVOID A SOBRIETY CHECKPOINT IN NEW JERSEY?

It's the law-in New Jersey as well as 37 other states-police can set up sobriety checkpoints and seek to determine whether drivers are under the influence of drugs or alcohol while behind the wheel. The provisions of the 4th Amendment of the U.S. Constitution, protecting citizens from unreasonable search and seizure, have limited application in these situations, as the U.S. Supreme Court has ruled that the public interest in minimizing the number of drunk drivers on the roads outweighs the rights of citizens to be free from such actions. Accordingly, there's no requirement that police have probable cause to stop a driver in a sobriety checkpoint, but the officer must have reasonable suspicion of intoxication to ask the driver to participate in a field sobriety test, and must have additional probable cause to search a vehicle.

GETTING COMPENSATION WHEN YOU HAVE BEEN INJURED BY A DRUNK DRIVER

When you have been hurt in a car accident involving a drunk driver, obtaining damages to cover your losses may be more challenging than in other types of motor vehicle accidents. Statistics show that many persons causing accidents while driving drunk are repeat offenders. As such, there's a distinct possibility that they may be driving without insurance. Here are some of the ways that you can pursue compensation for your losses.

THE LEGAL GUIDELINES FOR SOBRIETY CHECKPOINTS IN NEW JERSEY

The-Legal-Guidelines-for-Sobriety-Checkpoints-in-New-Jersey-300x200.jpgUnder the 4th Amendment to the U.S. Constitution, citizens have a right to be free from "unreasonable search and seizure." This rule of law requires probable cause before a police officer may search you, your home or your vehicle, and requires probable cause for a law enforcement officer to make a traffic stop. So what about sobriety checkpoints, where police simply set up a roadblock and subject drivers to field sobriety blood alcohol tests. There doesn't seem to be any "probable cause" present in these situations. How does such an activity pass constitutional muster?

THE CRIMINAL COURT SYSTEM IN NEW JERSEY

The Criminal Court System in New Jersey

In New Jersey, unlike most other states, criminal offenses are not referred to as misdemeanors or felonies, but as disorderly persons offenses and indictable offenses.

NEW JERSEY SENATE TAKES ACTION TO EASE EXPUNGEMENT

NEW JERSEY SENATE TAKES ACTION TO MAKE IT EASIER TO GET EXPUNGEMENT

In September, 2015, the New Jersey Senate approved two new statutes designed to make it less challenging to have a criminal record expunged in specific circumstances. One law addresses victims of identity theft, while the other would cut the statutory waiting period in half, from 10 years to five.

NEW JERSEY PUSH FOR LEGALIZATION OF MARIJUANA

Did Prohibition wipe out alcohol use? Not exactly. It DID make wealthy men out of criminals like Al Capone. New Jersey State Senator Nicholas Scutari said he intends to introduce legislation that would legalize marijuana. However, Governor Chris Christie is likely to oppose the idea of legalization, even if state lawmakers make it legal to sell and possess marijuana for those over the age of 21.

Drunk Nanny Crashes Car in Toms River

A Toms River, New Jersey, woman hired to look after a baby boy for a few hours, was found upon the mother's return passed out - after having drank to excess. Susan Porfido Gibson, 50, left the child crying in a soiled diaper while she drank, and then slept.

NEW JERSEY PASSES BAN THE BOX LAW

In mid-August, the Opportunity to Compete Act was passed by New Jersey legislators. The act becomes effective on March 1st, 2015. This act 'bans the box' on employment applications that require the disclosure of criminal history info from potential applicants during the initial application process. This ruling applies to both the initial application AND subsequently, to the first interview.

RESISTING ARREST AND OBSTRUCTION OF JUSTICE IN NEW JERSEY

In New Jersey, if you interfere with a law enforcement officer in the performance of his or her duty, or if you refuse to cooperate, you can face criminal charges, from resisting arrest to obstruction of justice to hindering. Unfortunately, because of the subjective nature of the offense, you can often be charged with resisting arrest or obstruction of justice if the arresting officer doesn't like you or feels threatened in any way.

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