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Person looking over damage to rear end of car; leaving the scene of an accident heightens potential consequencesWhen you are involved in a motor vehicle accident, it is important to remain at the scene and report the events to the appropriate authorities. In fact, you are legally required to do so. Accidents themselves are not crimes, but leaving the scene of one may subject you to criminal liability.

People sometimes leave the scene of an accident because they panic, become confused, or simply don’t realize damage or injury has occurred. But others leave to avoid facing charges associated with DWIs, driving with a suspended or invalid license, failing to have proper insurance, or having outstanding warrants.

Ordinarily, involvement in an accident will not result in criminal charges even if it is determined the accident resulted from negligence or the violation of other specific laws. Leaving the scene can compound any traffic related infractions, create criminal liability, and put you and others at increased risk of harm.

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Breathalyzer test being administered to driver suspected of a DUI.Driving under the influence of drugs or alcohol is a serious, dangerous practice not only for the offender but for their potential victims. Law enforcement agencies across the country treat it as such. While interdiction efforts and police presence are increased during certain times, particularly around holidays, patrols are always on the lookout for impaired drivers in hopes of preventing accidents before they happen.

Most people charged with a DUI may not be aware of the extent to which their judgment and reflexes have been impaired. Many may believe they are fit to operate a motor vehicle. Some make the mistake of thinking a DUI charge is just another motor vehicle violation, but it isn’t. While defendants have the right to represent themselves in court, retaining an attorney is in your best interest.

The laws pertaining to DUIs vary by state. In New Jersey, the penalties for a DUI offense depend on several factors including whether:

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Your social media posts can be searched and used as evidence if you are facing criminal charges.Many people use their social media platforms to vent, boast, share family news, and connect with friends old and new. Some use their posts to incite reactions or encourage conversation. For the most part, your posts have little impact outside of your personal circle of followers unless, that is, you are facing criminal charges. Under these circumstances, your social media posts could potentially have devastating implications.

Social media activity may be used as evidence in criminal investigations. Depending on the subject matter, they can be used to directly implicate someone in the commission of a crime or, at the very least, damage their credibility.

Law enforcement agencies can use public posts, as well as private posts with the proper warrants, as evidence in their criminal investigation. This includes status updates, photos, and videos. Even posts by other individuals in which the accused is tagged can be used as evidence. Remember, once something is on the internet, it is there forever. This means deleted posts can be recovered and, if relevant, used against you in a criminal case.

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Collateral-consequences-of-criminal-convictions-300x200It is to be expected that a person convicted of a crime will be sentenced to time in jail or prison, which may be followed by a period of parole or another form of community supervision. The convicted individual may also be ordered to pay certain financial penalties in the form of fines, court fees and/or restitution to the victims of the crime or their families. Oftentimes, however, the penalties for committing a crime don’t stop there.

Criminal convictions carry a number of collateral consequences that can significantly impact an individual’s life long after their sentence is completed. These collateral consequences are wide-ranging and can affect an individual’s efforts at rehabilitation and re-entry into society.

Criminal convictions become a part of an individual’s public record. That record is accessible by anyone, including potential employers, landlords, and others. As a result, a criminal conviction can restrict the individual’s ability to obtain employment or secure housing. Depending on the type of crime an individual is convicted of, they may also be required to register with the sex offender registry and/or parole supervision for life.

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White collar crime, depicted here by handcuffs over bundles of cash, are financially motivated offences that result in severe financial losses for individuals and businesses.Earlier this month, the American Bar Association held its 40th National Institute on White Collar Crime. This is the nation’s leading event for professionals in the enforcement and defense of white collar crimes. Among the highlights of this year’s event were discussions on healthcare fraud, digital currency-related crimes, and environmental crimes. But what exactly is white collar crime?

White collar crime is defined as financially motivated, non-violent crimes committed to gain an advantage or to avoid the loss of money or property. Common perpetrators include individuals entrusted with overseeing the funds of a business or organization.

The list of offenses that constitute white collar crime ranges from writing bad checks to committing cybercrimes, such as hacking or phishing schemes.

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Criminal defense attorney addressing a jury -- choosing a NJ criminal defense attorney to represent you and your caseChances are if you are looking for a criminal defense attorney, your needs are immediate. That doesn’t mean, however, that you shouldn’t do your due diligence to find the right attorney for your case.

If you or a loved one are facing criminal charges in New Jersey, you will want an attorney who specializes in criminal defense and is experienced with the State’s criminal justice system to represent you. Familiarity with local courts, judges, and prosecutors can be helpful and important when evaluating all of your options. You will also want to be sure the attorney has courtroom experience should your case be litigated and proceed to trial.

Make sure the attorney you consider hiring has a clear understanding of the charges you face, as well as the resources to investigate and prepare your defense. It’s important to determine the attorney’s professional acumen and track record in cases like yours: How many similar cases has he or she defended? How many of those cases have had favorable outcomes?

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Expungement seals or erases criminal records so they will not come up in request for criminal background checks.Having a criminal record can impact an offender’s life long after their case has concluded. A criminal record may affect one’s ability to gain employment, obtain housing, and hold certain professional certifications and licenses, among other things. In some instances, qualifying offenders can avoid this by having their criminal records expunged.

Expungement is a process by which individuals can petition to erase their convictions from their public criminal record. Once granted, the expungement will remove, seal, or isolate all information regarding an arrest, court proceedings related to that arrest, any criminal or juvenile conviction, and all outcomes of the case, including sentencing. Thereafter, any expunged information can be revealed only to law enforcement, and judiciary or corrections agencies. The offender has the right to tell others, including potential employers, that he or she has no criminal record.

Every state has its own expungement laws. In New Jersey, expungement petitions are decided by a judge in the Superior Court of the county in which the offender was arrested or convicted. For crimes committed outside of New Jersey, offenders would need to seek legal counsel in the state or county where they were convicted.

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Probation in New Jersey requires certain conditions including the possibility of wearing a monitoring device; transmitter being attached to man's ankleIn New Jersey, probation is a court-ordered period of supervision imposed as an alternative to incarceration, allowing an individual convicted of a criminal offense to remain in the community under specific conditions rather than serving time in jail. The intention is to foster positive behavioral changes while ensuring the offender’s accountability for the conduct.

Not all crimes, however, are eligible for probation. Many criminal offenses subject offenders to mandatory periods of incarceration. Additionally, probation may be denied if the offender has prior convictions, or if they have a record of previous violations of probation.

The Rules of Probation in New Jersey

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Juvenile Justice Building -- How juvenile courts differ from criminal courtsRecognizing that young minds are still developing and learning, our justice system allows for juvenile offenders to be treated differently from adult offenders to give minors a second chance and make better choices going forward.

Although juvenile and criminal courts both seek to hold offenders accountable for their actions, there are several differences in their approach. Perhaps the most significant is that criminal court focuses on punishment while juvenile court focuses on rehabilitative opportunities. The proceedings themselves and even the terminology used in the two courts differ as well:

  • Adults commit crimes; juveniles commit delinquent acts.
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What-to-do-if-accused-of-a-crime-300x200When you are accused of a crime, guilty or not, how you react initially matters. Resisting law enforcement, claiming your innocence, attempting to direct suspicion elsewhere can all work against you in the end. Although it is a stressful situation, remain as calm as possible and adhere to the following:

  • Do consult a criminal defense lawyer as soon as possible. Your lawyer can explain your rights to you, advise you on how to cooperate with the police, help collect evidence and identify witnesses related to your case, and build a defense on your behalf.
  • Do not resist arrest. Regardless of your guilt or innocence, resisting arrest is a crime and can only make matters worse. What’s more, the act of resistance can result in injuries to yourself or the arresting officers.
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