Monmouth County Criminal Defense Lawyer Blog

Published on: May 24, 2011

Man taken Off Megan’s Law Ocean County

If you are eligible to apply for removal from Megan’s Law, it is important that you have an experienced criminal defense attorney on your side. This office has successfully won many motions of this type in several different counties. It is imperative that you understand the legal process as well as undergo the proper medical evaluations in order for the motion to be granted.

If you are not sure if you are eligible for removal from Megan’s Law requirements, it important that you meet the following requirements. First, it has to be at least 15 years since the date you were convicted of the sex crime. Second, there can be no criminal convictions since the date of conviction of the sex crime. Third, the sex crime can not be of a serious nature. Although there are other criteria that the court will take into consideration in determining whether to grant the motion, these are the initial requirements that must be met.

I have watched many of my clients finally feel free from the shame and stigma of Megan’s Law. The Legislature’s intent in enacting this statute was to free those individuals who are truly changed individuals, and/or more mature adults who no longer must suffer from past mistakes.

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 5, 2011

Juvenile Arrest goes to Superior Court

By Tara Breslow-Testa, Esq.

I have represented numerous juveniles who have been arrested in throughout Monmouth, Ocean and Middlesex counties. It is essential that the attorney representing the juvenile is familiar with how the juvenile system work as well as how to handle the legal issues that arise in criminal matters.

These matters are heard in the Superior Courts within the Family Division. Many juveniles and often times their parents are surprised that the matter is going to be heard in a Superior Court instead of a Municipal Court. The matter is assigned to a family court Judge who deals with juvenile matters and is thus familiar with juvenile matters. If this is the juvenile’s first offense, and the matter is minor in nature, often times he or she might be eligible for a deferred disposition, meaning that the sentence will be withheld for a specific time period and if the juvenile remains arrest free and complies with the imposed conditions then the matter will be dismissed. I have been in many situations where the Judge and/or Prosecutor is not inclined to give the Juvenile a deferred disposition for a variety of reasons. For example, they feel that the matter is too serious in nature, or they feel that that deferred dispositions are only appropriate for the most minor offenses since they do not believe probation should be dealing with these juveniles. Basically, there is inconsistently throughout the State of how juvenile matters are handled. Many times I have fought Judges on this issue and I have had great success.

It is important to have an experienced New Jersey criminal defense lawyer fighting on your side throughout this process.

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: April 13, 2011

Arrests for Selling Oxycodone throughout New Jersey

By Tara Breslow-Testa, Esq.

Oxycodone is a highly addictive painkiller in great demand, and it is leading to arrests throughout New Jersey. In addition, this demand brings in big business for those willing to sell the pills and run an illegal operation. The trickle down effect of course is that many people are getting arrested throughout Monmouth County and throughout New Jersey for use of these drugs. This is of course because many are addicted to these pills, and of course getting arrested as a result of their illegality. It is also common that juveniles are being arrested for use as well as distribution of oxycodone. Often times, the juveniles are good students with bright futures. In fact, it is more common, as will other illegal drugs, that that the users are being charged and convicted of use of perscription drugs rather that the big time dealers. Although recently we are seeing more arrests through New Jersey and areas close by for those running these drug operation schemes.

A Lickety Split ice cream truck was transformed into a place where residents could by oxycodone for 20 dollars a pill in Staten Island, NY. There were 31 people involved in keeping the truck “supplied.” The major players of the scheme, including an office manager at a Manhattan orthopedic surgeon’s office, recruited 28 “runners” to fill more that 300 fake prescriptions form a pad stolen from the surgeon’s office (it is reported that the doctor did not know about this scheme). This was a million dollar operation. Of course this is not the only oxycodone scheme in the news recently.

In March of 2011, Dr. Michael Durante of Montclair, NJ, an internal medicine specialist was accused of writing illegal prescriptions. The doctor was caught after he wrote false prescriptions to Federal Agents. There were 11 people arrested, including a retired Newark police officer, in relation to taking part in this scheme.

For more information on this see the following article: Staten Island Arrests, and NorthJersey.com
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Published on: April 7, 2011

Ocean County Man taken Off Megan’s Law

By Tara Breslow-Testa, Esq.

The Law Office of Tara Breslow was successful in winning another Motion for Removal from Megan’s Law this week. This means that for a prior offender, who has remained arrest free for the past 16 years, that he will no longer have to face the embarrassment and other related problems resulting from registering for Megan’s Law. There are a classification of sexual offenses which are eligible for removal from Megan’s Law. This is liberating for those who committed sexual offenses when they were young or possibly when they suffered from a substance abuse problem. Since the time of the incident, the person seeking the removal must have completely changed and no longer suffer from the issues that they once did when the offense was committed. Many people filing this motion are productive members of society who are good parents as well as having other positive life experiences.
An experienced New Jersey criminal defense attorney must file the motion after the person seeking removal is evaluated by a doctor and an evaluation is written. A very detailed brief should be written sighting reasons why the person should be removed from Megan’s Law. In addition, the lawyer is required to argue the Motion before a Superior Court Judge.

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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Published on: March 23, 2011

Criminal Defense Lawyer for Disorderly Persons Offenses New Jersey

By Tara Breslow-Testa, Esq.

In the State of New Jersey, criminal offenses are divided into 2 general categories- Indictable offenses and disorderly persons. Indictable offenses are graded starting at 1st degree (the most serious), second degree, third degree and fourth degree. Disorderly persons offenses are non-felony offenses, and there is a also petty disorderly persons which is less serious than a disorderly persons. Disorderly persons, as well as fourth degree felony offenses, are heard in the Municipal Courts, while the indictable offenses are heard in Superior Court. The following offenses are disorderly persons offenses, shoplifting, harassment, possession of less than 50 grams of marijuana and possession of drug paraphernalia.

The maximum fine for a DP or disorderly persons is $1,000. And the maximum jail sentence for a disorderly offenses is 6 months, and possibility of up to six month loss of license. There are ways an attorney can argue for no loss of license. If this is your first time convicted of a disorderly persons offense there is a presumption of non-incarceration. In addition, you may be eligible for a conditional discharge, which is a diversionary program designed to avoid an individual having a criminal record.

Also, a disorderly offense can be expunged within five years of date of conviction, or from last payment of any fines owed, whichever is latter. Even if your matter was resolved with a conditional discharge it is recommended that you get the matter expunged so that it will be completely erased from your record.

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Published on: March 21, 2011

MARIJUANA DISPENSARY IN MANALPAN, NEW JERSEY

By Tara Breslow-Testa, Esq.

Breakwater Alternative Treatment Center Corporation was one of six centers in New Jersey to receive state Department of Health and Senior Services approved to sell medical marijuana. You can imagine that local officials are worried about having this type of dispensary in the community. At the same time, others in the community are not so worried about the possible effects that the dispensary would have on the community.

The location of the shop will be on Route 33 and Madison Avenue and the dispensary would grow the marijuana at a site in Ocean County and then it would be transported to the Manalapan location.

Some township officials were not too happy about the announcement and do not like that Manalapan is the chosen location for the dispensary. Before this gets approved, it must first go before the town’s Zoning Board of Adjustment for approval. The State officials encourage the applicants to meet with local officials to discuss the center, and State officials will be meeting with site operators and monitoring how the project moves forward.

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