Monmouth County Criminal Defense Lawyer Blog

Published on: November 12, 2013

Conditional Discharge For First Time Drug Offenders

If you have been charged in the State of New Jersey with any of the following offenses, you may be eligible for a Conditional Discharge pursuant to NJSA 2C:36-A-1: NJSA 2C:35-10(c), failure to turn over CDS to an officer “failure to turn over;” NJSA 2C:35-10(a)(4), possession of less than 50 grams of marijuana; NJSA 2C:35-10(b), under the influence of CDS; NJSA 2C:36-2, possession of drug paraphernalia. These matters are heard in Municipal Court.

What is a Conditional Discharge? If you are eligible for a Conditional Discharge, it does not automatically mean that you will enter into the Program. Pursuant to NJSA 2C:36A-1, an attorney can make a Motion to suspend further court proceedings and place their client on a special type of supervised probation. Since this is an optional program, it is important that the defense attorney prepare evidence showing that their client is a good candidate for a conditional discharge. It is helpful to collect letters of recommendation, proof of employment, drug treatment, and any other information that helps prove that the defendant will benefit from such program.

An experienced New Jersey criminal defense attorney can advise you if entrance into a Conditional Discharge is something you should consider. For example, the State needs to meet their burden by providing all discoverable materials, including but not limited to a lab report, if applicable. If the State does not provide the proper materials, it is possible by way of a motion that the matter can be dismissed. Also, if you enter into a conditional discharge, after completion of the program you still need to expunge the matter if you want the arrest off your record. It is important to be aware that by entering into a conditional discharge you will not be eligible for other diversionary programs in the future such as Pre-Trial Intervention (PTI). Thus, it is imperative to have an experienced criminal defense attorney on your side to help guide you through the Municipal Court system.

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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

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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: July 10, 2013

Experienced Criminal Defense Lawyer in Holmdel New Jersey

By Tara Breslow-Testa, Esq.

PNC Arts Center is located in Monmouth County, New Jersey in the town of Holmdel. It is one of two major outdoor arenas located in the New York Metropolitan area. The venue has been the center of several controversies, including an incident during a Phish concert in 2000 where over 70 people were arrested, and the band was not invited back to the venue before their hiatus in 2004.

In recent years, there has been an increase in police presence at the Arts Center, and this has resulted with an increase in arrests for those attending concerts at the venue. Unfortunately, a night of fun and relaxation can result with an arrest that can jeopardize your future.

If you have been arrested on a felony charge in Holmdel, New Jersey, the matter will be transferred to the Superior Court located in Freehold. If you have been charged with a third or fourth degree Possession of Controlled Dangerous Substance (CDS) or any other felony charge, it is imperative that you hire an experienced Monmouth County criminal defense attorney to handle the matter. It is possible that the matter could be remanded back to municipal court. Or if this is your first offense you could be eligible for Pre-Trial Intervention (PTI), avoiding a criminal record.

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Published on: June 14, 2013

Arrested in Long Beach Island (LBI)? You need an Experienced Criminal Lawyer!

By Tara Breslow-Testa, Esq.

As the warm weather air rolls in and July 4th is around the corner, beach-lovers head to Long Beach Island (LBI). Inevitably, when there is a sudden increase in population in a shore town, the local police department increase their police presence as well. This increase in police presence in the summer months is evident in the towns of Beach Haven, Ship Bottom, Long Beach Township, Surf City, Barnegat Light and Harvey Cedars.

If you have visited LBI, you know it is a beautiful place, however many juveniles and adults are arrested while on vacation in LBI over the summer months. An arrest can have significant long term negative effect on your life . Whether the arrest be for a borough ordinance violation, Possession of Marijuana less than 50 grams, Drug Paraphernalia, Criminal Mischief or Simple Assault, all these matters require court appearances. A Disorderly Person offense holds a maximum of 6 months in jail, a probation term and up to $1000 in court fines. It is imperative that you have an experienced criminal defense attorney fighting on your side in these local municipalities of Beach Haven, Long Beach Township (which includes Brant Beach, Holgate, Brighton Beach, Beach Haven Crest, Beach Haven Terrace, Beach Haven Gardens, Haven Beach, The Dunes, Spray Beach and North Beach Haven), Surf City, Barnegat Light, Harvey Cedars and Ship Bottom.

If the matter is classified as an indictable offense, whether is it be 1st, 2nd, 3rd or 4th degree the matter will be transferred to the Superior Court located in Toms River, New Jersey. Again, it is important to have an attorney with experience on your side.

Published on: May 23, 2013

Red Bank Arrest- Municipal Court

By Tara Breslow-Testa, Esq.

Red Bank Municipal Court is located on 90 Monument Street in Red Bank, New Jersey. If you or a loved one has been arrested in any municipality, including but not limited to: Red Bank, Middletown, Fair Haven, Rumson, Little Silver, Eatontown, Deal, Ocean or West Long Branch it is important to find a local attorney who is familiar with the local municipal court. Ms. Breslow has appeared in all of these courts and has experience throughout the county.

If you have been arrested for Possession of Less than 50 Grams of Marijuana, your matter will be heard in the municipal court. This drug charge is considered a disorderly persons which holds a maximum of 6 months in jail, loss of license as well as other fines and penalties. If you are a first time offender a lawyer could negotiate a deal with the Prosecutor where you would receive a conditional discharge. However, it is important to understand what the implications are of a conditional discharge prior to entering into it. For example, with a conditional discharge you will be disqualified from other diversionary programs, such as Pre-Trial Intervention. Thus, it is importance to understand your opinions before entering in any “deal.” Tara Breslow has experience in the municipal courts and could advise you on the best ways to proceed.

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: January 31, 2013

Juvenile Cases and Arrests in Monmouth County

By Tara Breslow-Testa, Esq.

If your child or loved one has been arrested and they are less than 18 years old, their matter will be heard within the Superior Court where the Juvenile resides. Even if the matter would have otherwise been heard in the local municipal court, juvenile matters are heard within the Family Division of the Superior Court. Depending on the severity of the arrest and whether there were co-defendants arrested at the same time, the case will either before a referee or a Superior Court Judge.

If this is the juvenile’s first time in the judicial system, then it is possible for an experienced criminal attorney to negotiate a deal for the juvenile where he or she gets their matter dismissed after a period of time. This type of resolution is referred to as a deferred disposition. If your child has been arrested for Possession of Marijuana less than 50 grams, Possession of Drug Paraphernalia, Possession of CDS (Controlled Dangerous Substance, including heroin, zanax, and cocaine), Theft, Aggravated Assault or any other disorderly persons offense, fourth degree or third degree offense, then he or she could be eligible for this type of resolution. If there are drugs and/or alcohol involved the Judge might require mandatory drug testing and other conditions.

Often times, young people make a wrong decision and this should not ruin their bright future. It is important to have an experienced New Jersey criminal defense attorney on your side so that this minor mistake does effect the juvenile long term.

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.

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Published on: November 28, 2012

DWI dismissal in Monmouth County

By Tara Breslow-Testa, Esq.

The Law Office of Tara Breslow had a recent success with a second DWI and Refusal. After several court appearances, the DWI and Refusal was ultimately dismissed. The Defendant plead to a lesser traffic offense and had a minimal loss of license as opposed to a two years loss of license.