Drug Crimes

Published on: May 10, 2012

DWI dismissal in Monmouth County

The Law Office of Tara Breslow was successful in winning a DWI matter by having it dismissed today, based upon the State’s lack of evidence in proving that the defendant was under the influence at the time of the motor vehicle stop. The State failed to produce a Drug Recognition Expert during the night of the stop. This is often grounds for dismissal since the State cannot properly prove that the defendant was under the influence at the time of the motor vehicle stop. In this case, the defendant tested positive for marijuana in the urine test, however, the State could not link that to the Defendant being under the influence the night of the incident.

Published on: December 9, 2011

Juvenile Arrest in Monmouth County result with a Deferred Disposition

By Tara Breslow-Testa, Esq.

If a juvenile commits an offense which is classified as a felony offense it is likely that he or she will be appearing before a family court judge in the Superior Court of the County where the juvenile resides. In some situations, the case could be diverted to a refugee or the JCC, but if the juvenile was arrested with other individuals who have prior delinquent histories, or the offense is serious then it is likely that the juvenile will be appearing before a Superior Court Judge.

The Law Office of Tara Breslow has been extremely successful in getting favorable results with juvenile matters. I believe that it is very important that juveniles do not have any type of adjudicated delinquency record. For example, if a juvenile is put on probation and they are applying for Federal loans for college it is likely that he or she can be denied. In addition, if the juvenile is arrested in the future any record of juvenile delinquency can have negative effects on any future cases. Also, if a juvenile is applying to college and he or she is faced with questions regarding prior arrests, it is imperative that their matter is handled properly so that he or she can answer those questions in a truthful way while not jeopardizing their likelihood of acceptance.

If a matter can be resolved with a deferred disposition, then the juvenile will be put on probation for a period of time and if they comply with the conditions imposed, and they are not arrested again, the matter will be disposed of. Thus, the juveniles poor judgement will not effect their future. It is imperative that the juvenile has an experienced criminal defense lawyer on their side, making sure that he or she has a the best results.

Published on: October 1, 2011

Arrests on the Rise in Monmouth County for K2, aka “Spice” and “Designer Marijuana”

By Tara Breslow-Testa, Esq.

What is K2? It is sometimes referred to as “Spice” or “Designer Marijuana,” and it is a type of synthetic cannabis product that is becoming more prevalent throughout New Jersey. If you or a loved one is caught in possession of this type of drug; be aware that it is classified under the same Schedule as cocaine and heroin and as such considered a controlled dangerous substance. Since this drug is somewhat new on the market, in the recent past many drug tests did not pick up on K2, however that has all changed in recent months.

At the present time, Police in Highlands are investigating four separate incidents where individuals ended up in the hospital after smoking K2. Reportedly, the substance was purchased from a gas station located in Keansburg. This substance can cause severe hallucinations. K2 is classified under the same schedule as cocaine or heroin. In recent months Monmouth and Ocean counties, there have been many other arrests over the past months involving different shops selling K2 in violation of Federal and State laws.

It is also very common that juveniles are arrested for possession of K2. If a juvenile is arrested for Possession of this type of controlled dangerous substance the matter will be heard before a Superior Court Judge in the Family Division. If you or a loved one has been arrested for possession of a controlled dangerous substance; it is imperative that you contact an experience criminal defense attorney.

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Published on: September 19, 2011

Prescription Drugs and Juveniles in Monmouth County

By Tara Breslow-Testa, Esq.

Prescription drug misuse is on the rise for juveniles in Monmouth County and the second most commonly abused category of drugs, behind marijuana. For juveniles, prescription drugs are more common than cocaine, heroin, methamphetamine and other drugs. These drugs are extremely addictive and include painkillers such as OxyContin or Vicodin, and tranquilizers like Xanax or Valium.

If a juvenile is arrested for possession of these drugs, he or she will have to appear before a Superior Court Judge in the county of residence. The local municipality where the juvenile was arrested will refer the matter to the Prosecutor’s Office. For example, if a juvenile was arrested in Middletown, the matter will be referred to Monmouth County Prosecutor’s Office.

It is imperative that an experienced juvenile criminal defense attorney handles the matter to avoid any type of long-term hardship to the juvenile. It is often the case that the family is concerned more with the drug misuse and the criminal matter takes a second seat. However, there are ways that the drug treatment can be incorporated into the juvenile matter so that the child benefits from the treatment.

Published on: June 30, 2011

Possession of Fireworks at Jersey Shore during fourth of July.

By Tara Breslow-Testa, Esq.

The fourth of July weekend brings many people to the jersey shore area and with the celebratory weekend, there is an increase in arrests for crimes related to Fireworks. Possession of Fireworks are illegal in the state of New Jersey notwithstanding the fact that they are very accessible to buy just over the state lines in Pennsylvania. The crime of Possession of fireworks is considered a disorderly persons offense which is punishable up to six months in jail. Possession of fireworks with the intent to sell is a fourth-degree offense with a maximum penalty of 18 months State Prison and fines up to $10,000. The following are considered fireworks: firecrackers, torpedoes, skyrockets, Roman candles and sparklers.

A disorderly persons offense is heard in the municipal court of the town or municipality where the arrest occurred. A fourth degree crime will likely be heard in the Superior Court of the county where the incident occurred.

Often times juveniles are arrested for possession of fireworks. Juvenile matters are heard in the family division of the Superior Court, and not the municipal courts. All juvenile matters are brought before the family division. It is important to avoid a criminal record in these type of situations so that there are not long term effects for immature acts.

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Published on: June 25, 2011

Monmouth County Possession of Marijuana Less than 50 grams

By Tara Breslow-Testa, Esq.

If you have been charged with the crime of Possession of Less than 50 Grams of Marijuana, you have been charged with a crime that many other individuals have been charged with throughout Monmouth County. Often times people are arrested for Possession of Marijuana in a driving a motor vehicle after getting pulled over by the police. Or sometimes, the marijuana is found on an individual incident to another arrest.

This offense is considered a disorderly persons offense. If found guilty of the charge, it will go on your record, and it cannot be expunged for 5 years following the date of conviction, date of completion of probation or date all fines are paid off, whichever date is the latest in time. Also, you can face up to 6 months incarceration, loss of a driving license and additional fines and penalties. If you have been charged with this offense, an experience attorney might be able to negotiate ae conditional discharge for you or a possible dismissal.

If you are an adult on the date of arrest then the matter will be heard in the municipal court of the town where you were arrested. If you are a juvenile then your matter will be heard in the the family division of the Superior Court. Ms. Breslow is extremely familiar with juvenile matters and knows how to get the best possible results in the juvenile courts.

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Published on: May 11, 2011

Newark Police Department investigated by U.S. Attorney Office

By Tara Breslow-Testa, Esq.

This week the U.S. Attorney Office announced that there would be an investigation made into misconduct of the Newark Police Department. The allegations that have been several violations of the Civil Right Act of 1964. The allegations include retaliation against anyone who video tapes or record police misconduct. The ACLU investigated over 400 instances of misconduct over the past several years. The Department of Justice will be using their resources in order in investigate these allegations.

If there is any validity to these violations, then there could be several legal ramifications with regards to arrests made by the police department over the past several years. If it is found to be true that members of the police department made false charges against individuals in the community then wouldn’t all arrests be questioned. Were drugs planted on defendants? It could mean a mountain of appeals and motions to vacate sentences.

Published on: May 2, 2011

Monmouth County Drug Court an Alternative to Jail

By Tara Breslow-Testa, Esq.

If you have been charged with a drug related offense and are facing jail time, entry into Drug Court may be utilized as an alternative to serving a jail sentence. When someone gets sentenced to Drug Court, he or she will be put on a five-year probationary term with several conditions imposed. For example, prior to entrance into drug court, a defendant must undergo a drug evaluation. If the evaluation recommends a long-term in-patient program, the defendant must complete at least a six-month in-patient program. After completion of the program, the person must report to Drug Court on a regular basis, where there is continual drug testing. The drug court team will monitor the participant and make sure that he or she is working and taking proactive steps towards recovery.

If a defendant relapses, leaves a program or violates drug court in any form, then he or she will be facing a violation of probation. The defendant will most likely be incarcerated following issuance of this violation warrant, and he or she could be terminated from the program and sentenced to jail for a time period to be determined by the Judge. There will be a violation hearing prior to any termination.

Drug Court is a very serious program that is only appropriate for certain defendants, depending on the facts and circumstances of the underlying criminal case.

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Published on: April 21, 2011

Drug Charges Eligibility for Pre-trial Intervention and Conditional Discharge

By Tara Breslow-Testa, Esq.

If your question is whether you are eligible for Pre-Trial Intervention (PTI) or a Conditional Discharge it must first be determined what court your matter is going to be heard. If you are charged with a disorderly persons drug offense then your matter will be heard in municipal court. If you are charged with a felony offense then your matter will be heard in Superior Court.

Pre-Trial Intervention, commonly called PTI, is a diversionary program offered in the Superior Courts for those individuals with no criminal record. The process begins with an application to be filled out by the applicant and then probation interviews the applicant and reviews the application and renders a decision. Then, the Prosecutors Office will review the file and determine if they will accept the applicant. If the person is excepted into PTI, then he or she must appear before a Superior Court Judge in order to accept the conditions set forth. Usually, there are fines (for drug offenses there will be additional DEDR penalties) application costs, court costs and restitution if applicable. In addition, community service is imposed by the Judge and the hours can range from 50 to 300.

If you are appearing in Municipal Court and charged with a minor drug offense, then you could be eligible for a Conditional Discharge. When you receive aConditional Discharge you agree to be placed on probation for at least a year or longer, and if you complete the conditions imposed you will have the matter dismissed. This option is only available in the municipal courts and only applies to minor drug offenses.

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Published on: March 27, 2011

Monmouth County Juvenile Drug Arrests in Schools- Long Branch

By Tara Breslow-Testa, Esq.

It is very common question to ask what privacy rights do juveniles have while they are at school? Can their lockers and backpacks be searched? Many juveniles arrested for Drug Possession or Distribution of CDS within 1000 feet of a school, are arrested only after a school official has searched their locker or backpack and found marijuana, cocaine or heroin. Often times a juvenile was pressured by another student to store the drugs, and he or she is left possessing the contraband. Often times, juveniles will think that since they were not selling the drugs or they were holding drugs for another student that they are not guilty. If you or your child has been arrested for any criminal charge it is important that you speak with an experienced New Jersey criminal defense attorney as soon as possible.

It is imperative that a lawyer review the police reports in order to determine whether the police and/or school officials acted legally. The juvenile will be appearing in the family division of the Superior Court regardless of the offense, since juvenile offenders are brought before the Superior Court. Even if the juvenile is charged with Possession of Marijuana less than 50 grams (which is a disorderly persons offense) the matter will be brought before a Superior Court Judge. It is possible that the juvenile can be eligible for an Adjourned Disposition, which will mean that the juvenile will not have record.
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