Monmouth County Criminal Defense Lawyer Blog

DWI dismissal in Monmouth County

Thu, 10 May 2012 17:42:20 -0500

The Law Office of Tara Breslow was successful in winning a DWI matter by having it dismissed today, based upon the State's lack of evidence in proving that the defendant was under the influence at the time of the motor vehicle stop. The State failed to produce a Drug Recognition Expert during the night of the stop. This is often grounds for dismissal since the State cannot properly prove that the defendant was under the influence at the time of the motor vehicle stop. In this case, the defendant tested positive for marijuana in the urine test, however, the State could not link that to the Defendant being under the influence the night of the incident.

Success in Motions to Be Removed from Megan's Law in New Jersey

Tue, 01 May 2012 19:22:47 -0500

Recently, the Law Office has been successful in winning several motions to be removed from Megan's Law in counties where no other motions have been brought before the Court other than by this office. In fact, one of these motions was objected to by the county Prosecutor's Office, and we still won the motion to the client removed from Megan's Law.
In both cases, over 15 years had passed since the person had been convicted of the sex crime, and there were no new arrests. We were able to prove that the person did not pose a risk to the community and in turn the motion was granted. There are some sex crimes that are disqualified from removal, but most are not. It is imperative that if you qualify for removal that you file the motion immediately, with the assistance of counsel, as it is likely that a Federal Law will come into effect in New Jersey and removal will likely not be able to be obtained within the same time periods.

Removal from Megan's Law if you Live outside of New Jersey

Tue, 31 Jan 2012 12:57:51 -0500

Ms. Breslow was successful last week in getting an individual removed from Megan's Law, where the individual currently resides outside the State of New Jersey. Often times, a person who was put on Megan's Law more than 15 years ago will decide to leave the state for one reason or another. Of course, other states have reciprocal Megan Law systems, so the person will have to register and often times he or she will be put on the internet. However, if someone has remained arrest free for more than 15 years since the date of conviction or release from incarceration, and the offense is one that is eligible for removal, then through an attorney the person can file a motion to be removed from Megan's Law.

Being taken off Megan's Law will have tremendous effects on one's life, no longer facing the embarrassment they have encountered from neighbors, co-workers, loss of work, etc. Of course, the person needs to be evaluated by a psychologist, and there needs to be a recommendation submitted to the court with the motion papers.
If an individual resides out of state, the motion is filed in the county where the person was originally put on Megan's Law. This is where the motion will be heard before a Superior Court Judge who is often assigned to Megan Law matters.

This office has been very successful at getting these motions granted throughout the State of New Jersey.

Juvenile Arrest in Monmouth County result with a Deferred Disposition

Fri, 09 Dec 2011 09:31:05 -0500

If a juvenile commits an offense which is classified as a felony offense it is likely that he or she will be appearing before a family court judge in the Superior Court of the County where the juvenile resides. In some situations, the case could be diverted to a refugee or the JCC, but if the juvenile was arrested with other individuals who have prior delinquent histories, or the offense is serious then it is likely that the juvenile will be appearing before a Superior Court Judge.

The Law Office of Tara Breslow has been extremely successful in getting favorable results with juvenile matters. I believe that it is very important that juveniles do not have any type of adjudicated delinquency record. For example, if a juvenile is put on probation and they are applying for Federal loans for college it is likely that he or she can be denied. In addition, if the juvenile is arrested in the future any record of juvenile delinquency can have negative effects on any future cases. Also, if a juvenile is applying to college and he or she is faced with questions regarding prior arrests, it is imperative that their matter is handled properly so that he or she can answer those questions in a truthful way while not jeopardizing their likelihood of acceptance.

If a matter can be resolved with a deferred disposition, then the juvenile will be put on probation for a period of time and if they comply with the conditions imposed, and they are not arrested again, the matter will be disposed of. Thus, the juveniles poor judgement will not effect their future. It is imperative that the juvenile has an experienced criminal defense lawyer on their side, making sure that he or she has a the best results.

Arrests on the Rise in Monmouth County for K2, aka "Spice" and "Designer Marijuana"

Sat, 01 Oct 2011 17:03:52 -0500

What is K2? It is sometimes referred to as "Spice" or "Designer Marijuana," and it is a type of synthetic cannabis product that is becoming more prevalent throughout New Jersey. If you or a loved one is caught in possession of this type of drug; be aware that it is classified under the same Schedule as cocaine and heroin and as such considered a controlled dangerous substance. Since this drug is somewhat new on the market, in the recent past many drug tests did not pick up on K2, however that has all changed in recent months.

At the present time, Police in Highlands are investigating four separate incidents where individuals ended up in the hospital after smoking K2. Reportedly, the substance was purchased from a gas station located in Keansburg. This substance can cause severe hallucinations. K2 is classified under the same schedule as cocaine or heroin. In recent months Monmouth and Ocean counties, there have been many other arrests over the past months involving different shops selling K2 in violation of Federal and State laws.

It is also very common that juveniles are arrested for possession of K2. If a juvenile is arrested for Possession of this type of controlled dangerous substance the matter will be heard before a Superior Court Judge in the Family Division. If you or a loved one has been arrested for possession of a controlled dangerous substance; it is imperative that you contact an experience criminal defense attorney.

For more information on these arrested please visit app.com.

Prescription Drugs and Juveniles in Monmouth County

Mon, 19 Sep 2011 14:15:24 -0500

Prescription drug misuse is on the rise for juveniles in Monmouth County and the second most commonly abused category of drugs, behind marijuana. For juveniles, prescription drugs are more common than cocaine, heroin, methamphetamine and other drugs. These drugs are extremely addictive and include painkillers such as OxyContin or Vicodin, and tranquilizers like Xanax or Valium.

If a juvenile is arrested for possession of these drugs, he or she will have to appear before a Superior Court Judge in the county of residence. The local municipality where the juvenile was arrested will refer the matter to the Prosecutor's Office. For example, if a juvenile was arrested in Middletown, the matter will be referred to Monmouth County Prosecutor's Office.

It is imperative that an experienced juvenile criminal defense attorney handles the matter to avoid any type of long-term hardship to the juvenile. It is often the case that the family is concerned more with the drug misuse and the criminal matter takes a second seat. However, there are ways that the drug treatment can be incorporated into the juvenile matter so that the child benefits from the treatment.

Possession of Fireworks at Jersey Shore during fourth of July.

Thu, 30 Jun 2011 15:15:32 -0500

The fourth of July weekend brings many people to the jersey shore area and with the celebratory weekend, there is an increase in arrests for crimes related to Fireworks. Possession of Fireworks are illegal in the state of New Jersey notwithstanding the fact that they are very accessible to buy just over the state lines in Pennsylvania. The crime of Possession of fireworks is considered a disorderly persons offense which is punishable up to six months in jail. Possession of fireworks with the intent to sell is a fourth-degree offense with a maximum penalty of 18 months State Prison and fines up to $10,000. The following are considered fireworks: firecrackers, torpedoes, skyrockets, Roman candles and sparklers.

A disorderly persons offense is heard in the municipal court of the town or municipality where the arrest occurred. A fourth degree crime will likely be heard in the Superior Court of the county where the incident occurred.
Often times juveniles are arrested for possession of fireworks. Juvenile matters are heard in the family division of the Superior Court, and not the municipal courts. All juvenile matters are brought before the family division. It is important to avoid a criminal record in these type of situations so that there are not long term effects for immature acts.

It is important to immediately call an experienced criminal defense attorney if you have been charged with Possession of Fireworks, so that your matter will be handled in the proper way to get the best possible results. Most importantly, it is imperative that an attorney works to make sure you do not get a criminal record for these types of acts.

Monmouth County Possession of Marijuana Less than 50 grams

Sat, 25 Jun 2011 20:56:22 -0500

If you have been charged with the crime of Possession of Less than 50 Grams of Marijuana, you have been charged with a crime that many other individuals have been charged with throughout Monmouth County. Often times people are arrested for Possession of Marijuana in a driving a motor vehicle after getting pulled over by the police. Or sometimes, the marijuana is found on an individual incident to another arrest.

This offense is considered a disorderly persons offense. If found guilty of the charge, it will go on your record, and it cannot be expunged for 5 years following the date of conviction, date of completion of probation or date all fines are paid off, whichever date is the latest in time. Also, you can face up to 6 months incarceration, loss of a driving license and additional fines and penalties. If you have been charged with this offense, an experience attorney might be able to negotiate ae conditional discharge for you or a possible dismissal.

If you are an adult on the date of arrest then the matter will be heard in the municipal court of the town where you were arrested. If you are a juvenile then your matter will be heard in the the family division of the Superior Court. Ms. Breslow is extremely familiar with juvenile matters and knows how to get the best possible results in the juvenile courts.

It is imperative that you call an experienced criminal defense attorney if you or a loved one has been charged with this offense to get the best possible results. An experienced criminal defense attorney can avoid this offense being attached to your record.

Man taken Off Megan's Law Ocean County

Tue, 24 May 2011 20:11:39 -0500

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.

Newark Police Department investigated by U.S. Attorney Office

Wed, 11 May 2011 12:17:33 -0500

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.

Juvenile Arrest goes to Superior Court

Thu, 05 May 2011 18:10:58 -0500

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.

Monmouth County Drug Court an Alternative to Jail

Mon, 02 May 2011 09:00:23 -0500

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.
It is imperative that an experienced criminal defense attorney handles the matter so that the defendant is aware of all their options and makes a well informed and appropriate decision in terms of how to resolve the criminal matter.

Drug Charges Eligibility for Pre-trial Intervention and Conditional Discharge

Thu, 21 Apr 2011 13:13:55 -0500

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.

What should know before your entering these programs?

These are once in lifetime programs-- meaning you will not get more than one opportunity to get a Conditional Discharge or PTI. Also, if you have had a conditional discharge you are disqualified from getting PTI. Thus, it is imperative to explore motions or other possible outcomes prior to entering either of these programs. It important to have an experienced New Jersey criminal defense attorney guide you through this process.

Arrests for Selling Oxycodone throughout New Jersey

Wed, 13 Apr 2011 07:59:34 -0500

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

Ocean County Man taken Off Megan's Law

Thu, 07 Apr 2011 18:17:34 -0500

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.