Monmouth County Jail

Published on: February 24, 2024

SUPREME COURT ALLOW PLEA BARGAINING ON DWI IN NEW JERSEY

On February 23, 2024, the New Jersey Supreme Court settled the ongoing fight with the legislature over the endorsement of a new statute permitting plea bargaining to allow for ignition interlock devices in minor drunk driving cases. Last week, Judge Grant put out an order that no DWIs were allowed to be plea bargained. However, the Supreme Court disagrees.

Judge Rabner said in the order that “because no actual case is before the court, we do not make a finding on that issue. At the same time, we recognize that the amendment reflects a policy statement by the legislature, which is within its prerogative, related to plea bargaining in municipal courts.”

The question remains how will this new plea bargaining rule will be applied within the municipal courts as it is new ground for everyone involved- judges, defense attorneys and prosecuors. At the very least, it should allow attorneys the ability to the fight for their clients and allow the judges and prosecutors to make fair and just decisions in the appropriate situations.

Published on: February 19, 2023

Prior Marijuana Conditional Discharges- No longer a Bar to Pre Trial-Intervention, PTI

By Tara Breslow-Testa, Esq.

On February 14, 2023, the Supreme Court finally made the right decision allowing those with prior marijuana conditional discharges the possibility to get into PTI. https://www.njcourts.gov/sites/default/files/court-opinions/2023/a_64_65_21.pdfIt is no longer an automatic bar to PTI if you have a prior conditional discharge for marijuana. The court held that people who received pre-CREAMMA conditional discharges for specified marijuana offenses — just like persons who had pre-CREAMMA convictions for those marijuana offenses are no longer categorically precluded from future admission into PTI. Rather, courts and prosecutors must consider the merits of their PTI applications, without regard to the existence or circumstances of the earlier marijuana-related conditional discharges. The holding harmonizes CREAMMA and its manifest legislative intent with the pre-existing general language of the PTI and expungement statutes, including the Legislature’s command in CREAMMA to apply its reforms to “any case” that arose before its enactment.

Finally, the Court made the right decision and notes that this is an exceptional situation involving a sweeping new statute that it has endeavored to harmonize sensibly with pre-existing laws. In the past year, many of my clients ran into issues when they had a prior CD for marijuana, and this is no longer a bar. This also calls for consistency throughout the State with how these applications are to be handled by the Courts and Prosecutors Offices. The real issue remains that even though a prior CD can no longer be sited at a bar anymore will Prosecutors and probation officers still let the prior CD influence their decisions to allow applicants into PTI. https://www.breslowdefense.com/tara-breslow-esq.html

PTI applicants can be barred for a variety of reasons, so it is important to be prepared for your interview and have counsel advise you about the process. https://www.breslowdefense.com/pre-trial-intervention-pti.html Call Tara Breslow for a free consultation 732 784 2880 or email tara@breslowdefense.com.

Published on: March 20, 2020

Law Office Policy in the Age of Corona

By Tara Breslow-Testa, Esq.

CORONAVIRUS (COVID-19) IS REAL BUT LIFE CONTINUES: CONTACT ATTORNEY TARA BRESLOW-TESTA FROM THE SHELTER OF YOUR PLACE.

March 18, 2020 by the Law Office of Tara Breslow

The nationwide quarantine inspired by Coronavirus (COVID-19) is unprecedented in the experience of most New Jersey residents. Citizens of New Jersey have been encouraged to shelter in place, to stay home and avoid social contact to prevent transmitting and/or contracting the respiratory disease that is proving fatal. Unfortunately, several of our residents both in Freehold, as well as Red Bank, have been affected by the virus.

Continue reading →

Published on: October 3, 2019

What is PreTrial Intervention (PTI)

By Tara Breslow-Testa, Esq.

shutterstock_335237585-300x213
What is Pre-Trial Intervention and More Importantly Is it The Right Choice?

Pre Trial Intervention, often referred to as “PTI,” is a diversionary probationary program offered at the Superior Court level in the county courts. It can be a way to avoid a criminal record. Most of the time, you enter the program without ever pleading guilty and even if a guilty plea is a contingency to acceptance, you will never be sentenced or convicted of a crime if you successfully complete the program.

Pursuant to the statute, the minimum length of time for probation imposed is a one year time period. However, per the statutory guidelines, you can ask your probation officer for an early release from the program as early as six months. The judge determines the length of time that is initially imposed, and usually community service is a condition, although sometimes this condition can be waived. Upon acceptance into the program, you are to remain arrest free and if all other conditions are met you will successfully complete the program.

Continue reading →

Published on: June 1, 2017

Bodyslamming Congressmen Or Kissing Tennis Pros: Assault Simple And Aggravated, Second, Third And Fourth Degree.

By Tara Breslow-Testa, Esq.

Monmouth County Assault Defense Lawyer Tara Breslow-Testa Knows the Different Degrees of Assault. Speak to Tara Before Speaking to Anyone.

SIMPLE AND AGGRAVATED ASSAULT

The differences between simple and aggravated assault are both subtle and significant – but those differences can mean the difference between liberty and a lifetime of trouble: years in prison and hundreds of thousands of dollars in fines. Monmouth County Assault Defense Attorney Tara Breslow-Testa understands the subtleties and significances. Anyone accused of assault – simple or aggravated: second, third or fourth degree – should consult with Tara before speaking to anyone else – including law enforcement. Contact the law offices of Tara Breslow-Testa at (732) 784-2880.

Continue reading →

Published on: January 27, 2017

Facing Criminal Charges After a Night in a New Jersey Bar or Nightclub?

By Tara Breslow-Testa, Esq.

The bar and nightclub scene in and around Red Bank and Monmouth County, New Jersey, is legendary – a place to see and be seen, dance the night away, or just enjoy the music in venues where the up-and-coming rub elbows with established performers who sometimes stop in for a set or two on a nostalgic whim. It can be a fun place.

Unfortunately, not every night of clubbing goes as planned. A little too much to drink, a bad decision or two, and a great night can turn into a bad morning after, sometimes with serious consequences.

Continue reading →

Published on: October 30, 2013

How to get off of Megan’s Law Requirements

By Tara Breslow-Testa, Esq.

If you have been on Megan’s Law for 15 years and have not committed any new offense, then you could be eligible for removal from Megan’s Law and Community Supervision for Life.

Megan’s law was first enacted in 1994 and pursuant to N.J.S.A.2C:7-1, the Legislative intent was to punish those individuals who where convicted of sex crimes, as well as create a regulated monitoring system to protect the community at large. However, the Legislator also had the foresight to envision that in some situations relief from Megan’s Law would be appropriate. Specifically, removal from Megan’s Law can be sought where an individual remains offense free for a 15 year time period and is no longer a threat to the community. In pertinent part N.J.S.A.2C:7-2(f) states:

“Except as provided in subsection g. of this section, a person required to register

Continue reading →

Published on: October 7, 2013

Random Drug Testing in New Jersey Schools

By Tara Breslow-Testa, Esq.

This New York Times article discusses the debate over random drug testing in high schools in New Jersey. I will be interesting to see if this goes through, and what the legal ramifications are for those who test positive.

See link below for article:

Published on: April 25, 2013

Pre-Indictment Court in Superior Court

By Tara Breslow-Testa, Esq.

If you or a loved one has been charged with a felony offense, it will likely that your matter will be sent to the Superior Court in the county where you were arrested. For example, if you were arrested in Monmouth County, your matter will be transferred to the Superior Court located in Freehold. Once the matter is transferred it will undergo a screening process, and it is possible that prior to the matter being sent to the Grand Jury for Indictment, the matter will be sent to the Pre-Indictment Court, otherwise known as PIP court. Judge Kilgallen is the newly assigned Judge who presides over PIP court in Monmouth County.

It is not always beneficial to accept a plea deal in PIP court. However, sometimes it is the best deal that a defendant will ever be offered. It is important to know the risks as well as the benefits of accepting or rejecting a plea offer. An experienced criminal defense lawyer in New Jersey can help advise you whether this will be the best deal or if you can do better if you wait.

Published on: December 5, 2012

Christie Expands Drug Court in New Jersey

By Tara Breslow-Testa, Esq.

Drug Court has been a successful addition to the court system as it has treated non-violent offenders who suffer from drug additions throughout the state of New Jersey. The rates of recidivism for drug court graduates have proven to be minimal as compared to the rates for drug offenders. There is no doubt that drug court has changed many lives, but now it seems that Governor Christie is trying to expand this program in order to avoid increased incarceration for those who suffer from addition.

As part of drug court, a person has to complete the recommended drug treatment program, and then remain on probation for 5 years. The individual is highly monitored by the Drug Court Team including drug testing, proof of employment and weekly appearances in court. Even though Drug Court is a commitment and time consuming, often times it is a way to avoid incarceration. This year has been an exciting year as Governor Christie has showed tremendous dedication to expanding the program to many of those who otherwise could not get in prior.

In 2012, Governor Chris Christie has made monumental strides in trying to expand the Drug Court Program in New Jersey. This new program will provide for drug programs and treatment for those appropriate candidates, to be implemented over a five year time period.

Continue reading →