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“Thanks Tara for always believing in me and making me feel like I was your only client. You made the impossible possible. Forever grateful.”

- Gabriel V.
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If you have been scheduled to appear in Freehold, New Jersey for Pre-Indictment Court or PIP court it is extremely important that you be represented by counsel that understands how this specialized court operates and whether is it a wise decision to take an initial plea deal. One of the reasons that this court was created was to screen cases and limit the caseload that ultimately is brought before the Grand Jury. Thus, a defendant must be well aware of the risks that they take if they do no plea as well as the possible benefits that could occur. For example, if someone has been arrested for a felony offense in Keansburg, Hazlet, Long Branch, Red Bank, Holmdel, Aberdeen, Little Silver, Tinton Falls, Freehold, Oceanport, Eatontown or any other municipality in Monmouth County it is a possibility that if their matter could be scheduled for PIP court. In addition, many times the Prosecutor offers disorderly persons to a defendant as way to resolve the case. It is also a possibility, if the defendant is eligible, that they can apply to Pre-Trial Intervention (known as PTI) and enter a not guilty plea, and waiver their right to go the Grand Jury. These are not simple decisions and can have serious implications down the line so it is imperative that an experienced Monmouth County criminal defense lawyer represent you if you going to PIP court.

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A juvenile who has been charged and convicted of possession of marijuana, cocaine or heroin, has the opportunity to file a Petition for an Expungement sooner than if he or she was an adult. If the juvenile was put on probation or pled to a drug offense then this will remain on their record, until an experienced NJ criminal defense attorney files a petition for expungement. There is a juvenile exception statute which allows a “young offender” to apply for an expungement after one year from the date of conviction or the end of probation (whichever is later). This means that the juvenile will not have to wait the normal 5 or 10 year requirement like an adult would have to before an expungement is available. This is a common practice throughout Monmouth, Ocean, Middlesex and Union counties.

NJSA:52-5 is the statute that deals with Expungement for Young Drug Offenders and it states that “after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted o f an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance… and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person’s conviction and all records pertaining thereto.”

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If you have been pulled over and received a motor vehicle ticket, it is important that you hire an experienced New Jersey Criminal Defense Attorney. It is important that you hire a lawyer in order to negotiate a favorable deal for you so that you get the best possible deal.

If you are a New Jersey Resident, speeding tickets and other offenses can accumulate on your motor vehicle record. If you have more than 8 points, you will have difficulties receiving insurance coverage and you will likely have to purchase insurance in an “assigned risk” plan.

The information below comes from the MVC website, as of February 2006. Please check that website to make sure you have the most up-to-date information.

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If you are not an United States citizen and seeking naturalization, can you get an expungement in New Jersey? My review of the New Jersey Expungement statute simply leaves me then answer– why not. The question then becomes can the Federal Government Agencies such ICE and the Department of Homeland Security ask you to divulge information pertaining to prior arrests and convictions.

It is my understanding that these agencies can ask you about prior arrests and convictions that have been expunged or sealed. But, wouldn’t it be better to have the incident expunged rather then not having it expunged. If someone is seeking naturalization into this country and they have a prior criminal conviction that has been expunged, and they have to divulge this information, isn’t it better to say that you have made every effort to have that information sealed. I think it speaks highly for the individual with regards to motivation in seeking gainful employment and contribution to society. And of course there is the possibility that the information will not have to be divulged. It is very difficult to become an American citizen and why not give yourself every possible advantage. It is important that you have an experienced New Jersey criminal defense attorney on your side at all times in filing a Petition for Expungement.

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If you are student at Monmouth University, and under the legal drinking age, and you are caught drinking it can lead to tremendous problems. It is common that the police will charge you with a borough ordinance at a minimum. This will stay on your record for two years until it is eligible for expungement. It is important to have an experienced criminal defense attorney come to court so that the matter is handled properly and handle the expungement if necessary (even for the arrest).

An incident of underage drinking can lead to an appearance in municipal court and possibly having your name in the newspaper. In addition, Monmouth University can suspend students if they violate any aspect of the code of conduct (after a hearing before the board).

Fifteen people were arrested in Ocean Township for underage drinking. One of the individuals was underage and his name was then in the paper. This is something that is common in the area of Long Branch, Ocean Township and West Long Branch where many students live off campus.

The source for this story is app.com
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Last year, Amit Bornstein died in Monmouth County Jail in Freehold. He was a 22 year old man from Marlboro who took care of his brother while his father was traveling abroad. In July of 2010, he was arrested at his home following a failure to appear in court on minor offenses. He was forcibly restrained by officers after he allegedly because abusive to the officers during his intake. Then, seven hours later he was found dead at Monmouth County Jail, in Freehold, NJ.

Recently, the Monmouth County Prosecutors Office cleared the officers involved of any wrongdoing and closed the case. Monmouth County Prosecutor Peter E. Warshaw Jr. said that his decision to close the case was based upon a medical examiner’s autopsy report, which found that Bornstein had a pre-existing fatal health condition. In the report, the medial examiner explained that Bornstein resisted restraint by refusing to place his hand behind his back to avoid being handcuffed. Shortly thereafter, Bornstein was pepper spray, shackled and still resisted. About an hour later, his heartbeat slowed and his died. He did have restraint marks on his body but this was found to have been caused by his owns resistance to the officers. The family believes that he was brutally murdered and they are filing suit.

This situation raises many questions. First of which is how come this intake area is not under video surveillance? And if Bornstein was restrained as described why was he not under constant surveillance? What did the other detainees witness? The intake area is a busy place, did any of the other detainees get interviewed and give statements?

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A 19 year old man from Morganville, New Jersey was accused of shoplifting three hats, valued at $102.02, from a store at the Freehold Mall located in Freehold, NJ. This amount of stolen goods would normally result with a disorderly persons charge that would likely be heard in Freehold Municipal Court. A disorderly persons offense holds up to a maximum of six months in jail, and up to a $1,000 in fines, and other court costs.

This is very common charge in Freehold as well as in Eatontown, NJ where Monmouth Mall is located. If the amount shoplifted is worth more than $200, then the accused would have been charged with a fourth degree shoplifting. If there is a third shoplifting conviction, the accused could face 90 days mandatory jail time. Hiring a New Jersey Criminal Defense attorney with experience in dealing with shoplifting is important no matter how time you have been charged.

During this incident at Freehold Mall when the accused was confronted by security, he punched the security official in the face and attempted to flee the scene. Eventually, the accused was arrested and regardless of the small amount of items shoplifted, this alleged act of assault could turn this disorderly persons charge into a serious felony offense of aggravated assault or even robbery. If someone is charged with a felony offense, the matter will be heard in Superior Court. If the incident occurs in either Monmouth Mall or Freehold Raceway Mall, then the Superior Court charge will be heard in Freehold at the Superior Court located on 71 Monument Park in Freehold. The accused could face third or even second degree charges depending on the injuries.

In this matter, the accused was also charged with giving false information to police. The man was later transferred to Monmouth County Jail and held on a low bail.
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If you have been convicted of a criminal offense, completed a diversionary program, or if your case was dismissed, expunging your record should be your number one priority. It is important to speak with a New Jersey Criminal Defense lawyer about the new expungement laws that have made many offenders eligible for expungement who were not eligible under the old law.

Under the old law, expungement for an indictable offense, including first, second, third and fourth degree indictable crimes was only available after a 10 year period had passed from the date of conviction, payment of any fines, completion of probation or parole. In 2010, N.J.S.A. 2C:52-2, the New Jersey Expungement Statute was amended to allow the Court to a grant an expungement although less than 10 years has passed if the Court finds that at least five (5) years has passed from the date of conviction, payment of fines, completion of parole or probation, so long as the person has not been convicted of any intervening offense and the Court finds in its discretion that expungement is in the public interest after considering the nature of the offense, the applicant’s character and his conduct since conviction.

If you have completed Pre-Trial Intervention, a Conditional Discharge, or a juvenile who has completed a deferred disposition, it is time to discuss filing a Petition for Expungement with a lawyer.

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It took police only two days to find Jahmell W. Crockam, the suspect of the shooting of Lakewood Police Patrolman Christopher Matlosz which occurred on Friday afternoon. The following day, a task force consisting of Monmouth and Ocean County Sheriff’s Office, Toms River, Lakewood, Brick, Jackson, Seaside Heights, South Toms River, Berkeley Twp., Manchester Twp., Howell Twp., along with the State Police and U.S. Federal Marshall searched Ocean and Monmouth counties for the suspect. Then, on January 16, 2010, the search went beyond Ocean County area to Camden County.

He was apprehended later that day, and transported back to Lakewood Police Department where he is processed and then taken to Ocean County Jail in Toms River. He will be held in Ocean County Jail until he appears before a Superior Court Judge for his initial bail appearance.

Unless he is able to make bail, the suspect will remain incarcerated until the matter is indicted, and then the matter will either be listed for trial or the suspect may decide to take a plea deal. It could take several months until the matter is indicted. After the matter has been indicted, the suspect will appear at his arraignment before an Ocean County Superior Court Judge. His criminal defense attorney will likely make an application for a bail reduction, and it can be expected that the Prosecutor assigned to the matter will oppose any application for a bail reduction.

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Sex Offenders who are living under the confines of Megan’s Law, can now make an application to the Superior Court to get off of Megan’s Law after a showing of 15 years of good behavior. When Megan’s Law was first enacted on October 31, 1994, there were provisions allowing some sex offenders to get out of the lifetime parole supervision and registration requirements if they have been in the community for 15 years without re-offending and can prove they no longer pose a threat to the community. Sixteen years have past since Megan’s Law was originally enacted and the opportunity has come for those sex offenders, who were convicted of non-serious sex offenses, to make an application to the Court to get off of Megan’s Law.

The motion to get off of Megan’s Law needs to be filed in the county that the offender was convicted of the sex offense. It is highly recommended that the petitioner meet with an experienced psychologist in order to prove rehabilitation as well as a lack of threat to the community. A New Jersey criminal defense attorney will then file a petition and rely on the doctor’s evaluation in order to make a showing of rehabilitation.

I believe that when the Legislator enacted this statute 16 years ago, the intent of the Legislator was to allow those less serious sex offenders who committed offenses when they were young to have the opportunity for a second chance if they led a law abiding life and no longer posed a threat to the community. If someone is truly rehabilitated this allows them to become a productive member of society after a long period time, and not have to suffer the embarrassment as well as the other obstacles that a sex offender faces under Megan’s Law.
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Contact Information
Red Bank Office
130 Maple Ave #WB5
Red Bank, NJ 07701
Phone: (732) 784-2880
Freehold Office
25 Monument St
Freehold, NJ 07728
Phone: (732) 784-2880
Seaside Heights Office
815 Blvd
Seaside Heights, NJ 08751
Phone: (732) 784-2880
Long Beach Island Office
4000 Long Beach Blvd
Beach Haven, NJ 08008
Phone: (732) 784-2880
Princeton Office
300 Carnegie Center #150
Princeton, NJ 08540
Phone: (732) 784-2880
*Appointment Only
Mendham Office
4 E Main St #2
Brookside, NJ 07296
Phone: (732) 784-2880

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