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Atlantic City Criminal Defense Legal Blog

Trio of bills calling for expungement reform in New Jersey to be introduced

The unfortunate reality for those men and women who have had any sort of contact with the criminal justice system is that the records of these encounters will likely remain on their permanent criminal record. Sadly, this can result in access to everything from employment and education to housing and other services being severely curtailed.

Thankfully, the law has a mechanism through which former offenders can seek to clear their records of offenses, arrests, and other related matters: expungement. Indeed, when a criminal record is expunged, it is viewed as having never occurred in the eyes of the law, meaning people are officially freed from the mistakes of their past and able to focus on building a better future.

Why you need to think carefully before having that extra drink

As we've made clear in previous posts, anyone who finds themselves out at a bar, restaurant or other area hotspot with co-workers, friends or significant others should always pause before having that one extra drink. That's because New Jersey takes a less than forgiving approach to driving while intoxicated.

While we've demonstrated this point by outlining the penalties for a first offense DWI, consider the consequences that can result if a person makes the mistake a second time.

New Jersey law on underage gambling in Atlantic City

You might know Atlantic City for its casinos, but gambling is only a suitable vacation pastime for adults. While in most ways 18-year-olds are legal adults, this does not apply for legally partaking in gambling activities. If your child is not yet 21, then he or she is not yet able to gamble according to New Jersey law.

Breaking this law comes with serious consequences; therefore, you want to avoid your adult child participating in any type of gambling. This starts with knowing the details of the law.

What you need to know about drug possession charges in New Jersey - II

Law enforcement agencies here in New Jersey have been nothing short of dedicated in their attempts to crack down on drug-related crime. Indeed, these efforts haven't been confined to just combating major offenses like distribution and manufacture, but also possession.

If you don't believe it, consider data from the New Jersey State Police, which reveals that Garden State law enforcement agencies made 43,920 arrests for drug possession in 2014 alone, a truly staggering number.

Supreme Court of New Jersey adopts rule changes to bail system

It's now been roughly four months since New Jersey introduced its drastically overhauled bail system, which no longer relies on cash bail, but instead on a risk assessment score and arguments advanced by counsel at a pretrial hearing.

While the universally accepted purpose of this major undertaking was to eliminate the inequity of having indigent, low-risk defendants remaining incarcerated due to their inability to post relatively small bail amounts, the rollout has been anything but smooth.

The accused should not be ignored in sex crime investigations

The mandate on addressing sexual assault on college campuses cannot be any clearer, especially considering the scandals involving college football players. As many as 55 schools are under investigation for not properly dealing with such accusations.

However, while attempting to do the right thing, the accused sometimes does not get a fair chance to defend their position. In fact, there is a growing trend of men being suspended by colleges and universities in the midst of sexual assault allegations. When stories about these allegations become public, much is said about how the victim feels violated and how life will not be the same. 

Plan on increased DUI enforcement over Memorial Day weekend

With the Memorial Day holiday weekend rapidly approaching, many people are undoubtedly putting the finishing touches on their plans for this much-anticipated three-day weekend.

While some will use the opportunity to visit friends out-of-state, many others will be staying closer to home, going to the beach, attending barbeques or maybe even just relaxing with friends. While a so-called "staycation" might prove to be the perfect plan, those who plan on consuming alcohol during their rest and relaxation will nevertheless want to proceed with caution.

How concerned should I be about simple assault charges? - II

Earlier this month, we discussed how the law here in New Jersey takes a dim view of even minor physical altercations, such that those who find themselves identified as an aggressor could be charged with simple assault, a criminal offense that's perhaps more serious than its name implies.

To recap, simple assault is defined as a person 1) attempting to cause, or recklessly, knowingly or purposely causing bodily injury to another, 2) negligently causing bodily injury to another using a deadly weapon, or 3) attempting via physical menace to put another in fear of imminent and serious bodily injury.

Failure to secure warrant results in suppression of significant drug evidence

The Fourth Amendment to the U.S. Constitution declares that individuals are protected from unreasonable searches and seizures by government officials. As to when such an unreasonable search or seizure occurs, case law has firmly established that absent certain expectations, a person's Fourth Amendment rights are violated whenever government agents fail to act pursuant to a lawfully executed warrant.

Interestingly enough, this issue was at the center of a case before the Appellate Division of the Superior Court, New Jersey's intermediate Appellate Court, involving a major drug sting in Jersey City.

How concerned should I be about simple assault charges?

While the venues and the participants vary, the majority of minor physical altercations invariably follow a similar pattern. Specifically, there is some manner of verbal argument that rapidly deteriorates and culminates in violence from pushes and slaps to kicks and punches. The two parties then stop fighting either of their own volition or, perhaps more commonly, because their fight is broken up by others.

As much as the parties might want to declare the matter over, dismissing it as misunderstanding, it might not be that simple -- especially if one of the parties suffered some type of injuries and was clearly acting in self-defense.

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Atlantic City, NJ 08401

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