New Jersey considers resisting arrest to be a serious matter as it impedes law enforcement’s efforts to perform their responsibilities. A person who resists a police officer can be charged with an indictable crime, including aggravated assault upon a law enforcement officer, depending on the particular circumstances. Those circumstances can impact both the charge and the penal consequences, which can include imprisonment.

Eluding a police officer is a very specific form of resisting arrest involving fleeing the scene in a motor vehicle, and/or failing to stop a motor vehicle upon law enforcement command. This can be charged as either a second or third degree crime and has the potential of resulting in significant prison time and suspension of a driver’s license.

The post How Resisting Arrest Complicates Your Situation appeared first on New Jersey Criminal Lawyers Blog.

Sentencing guidelines look to reach a balance between punitive consequences, such as incarceration, probation, fines, and rehabilitative options, which includes treatment. To achieve this, numerous factors are taken into consideration. Before sentencing, New Jersey courts review:

• Aggravating factors – These include the gravity of harm inflicted on the victim/s, the need to deter others from violating the law, the risk of the defendant re-offending, and the defendant’s criminal history, amongst other factors.

The post What Courts Consider When Imposing Sentences appeared first on New Jersey Criminal Lawyers Blog.

If you find yourself falsely accused of a crime, your instinct may be to protest the claim to clear your name, but being reactive may only escalate matters. Take the accusations and their potential consequences seriously. Don’t assume that because you are innocent, the accusations will just go away.  Be prepared to take actions to protect yourself.

• Stay calm and consider exercising your Fifth Amendment right to remain silent. Even innocent statements can be misinterpreted when taken out of context. Avoid making statements without presence of legal counsel.

The post You’ve Been Falsely Accused of a Crime, Now What? appeared first on New Jersey Criminal Lawyers Blog.

• 1^st degree offenses, such as murder and armed robbery, carry penalties of 10 to 20 years or life, in prison
• 2^nd degree offenses, such as aggravated assault, carry penalties of between 5 to 10 years in prison

The post How Long Does A Felony Conviction Stay on Your Record? appeared first on New Jersey Criminal Lawyers Blog.

According to some sources, there is a 20% increase in domestic violence incidents requiring police intervention during the month of December. Several stressors contribute to this uptick:

• Financial stress associated with buying gifts and hosting holiday gatherings

The post Domestic Violence: A Serious Matter for Both the Abused and the Abuser appeared first on New Jersey Criminal Lawyers Blog.

People sometimes leave the scene of an accident because they panic, become confused, or simply don’t realize damage or injury has occurred. But others leave to avoid facing charges associated with DWIs, driving with a suspended or invalid license, failing to have proper insurance, or having outstanding warrants.

Ordinarily, involvement in an accident will not result in criminal charges even if it is determined the accident resulted from negligence or the violation of other specific laws. Leaving the scene can compound any traffic related infractions, create criminal liability, and put you and others at increased risk of harm.

The post The Consequences of Leaving the Scene of An Accident appeared first on New Jersey Criminal Lawyers Blog.

Most people charged with a DUI may not be aware of the extent to which their judgment and reflexes have been impaired. Many may believe they are fit to operate a motor vehicle. Some make the mistake of thinking a DUI charge is just another motor vehicle violation, but it isn’t. While defendants have the right to represent themselves in court, retaining an attorney is in your best interest.

The laws pertaining to DUIs vary by state. In New Jersey, the penalties for a DUI offense depend on several factors including whether:

The post Facing DUI Charges? Why You Should Consult an Attorney appeared first on New Jersey Criminal Lawyers Blog.

Social media activity may be used as evidence in criminal investigations. Depending on the subject matter, they can be used to directly implicate someone in the commission of a crime or, at the very least, damage their credibility.

Law enforcement agencies can use public posts, as well as private posts with the proper warrants, as evidence in their criminal investigation. This includes status updates, photos, and videos. Even posts by other individuals in which the accused is tagged can be used as evidence. Remember, once something is on the internet, it is there forever. This means deleted posts can be recovered and, if relevant, used against you in a criminal case.

The post How Your Social Media Activity Can Impact Your Criminal Case appeared first on New Jersey Criminal Lawyers Blog.

Criminal convictions carry a number of collateral consequences that can significantly impact an individual’s life long after their sentence is completed. These collateral consequences are wide-ranging and can affect an individual’s efforts at rehabilitation and re-entry into society.

Criminal convictions become a part of an individual’s public record. That record is accessible by anyone, including potential employers, landlords, and others. As a result, a criminal conviction can restrict the individual’s ability to obtain employment or secure housing. Depending on the type of crime an individual is convicted of, they may also be required to register with the sex offender registry and/or parole supervision for life.

The post The Hidden Consequences of Criminal Convictions appeared first on New Jersey Criminal Lawyers Blog.

White collar crime is defined as financially motivated, non-violent crimes committed to gain an advantage or to avoid the loss of money or property. Common perpetrators include individuals entrusted with overseeing the funds of a business or organization.

The list of offenses that constitute white collar crime ranges from writing bad checks to committing cybercrimes, such as hacking or phishing schemes.

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