As in many states, New Jersey makes it possible for those who are victims of domestic violence or abuse to seek protections from their abusers. Typically, this is done by obtaining a Temporary Restraining Order (TRO), which forces the abuser to give up firearms, distance himself/herself, and cease contacting the victim. If you find yourself…
Yes, New Jersey offers alternative sentencing options and diversion programs for non-violent drug offenders. Some of these programs aim to address substance abuse issues and provide rehabilitation rather than punishment. Here are a few examples: Pretrial Intervention (PTI): This program allows eligible defendants to avoid prosecution by completing a period of supervision, which may include drug…
The consequences for possessing drugs near a school or within a school zone can vary depending on the laws of the jurisdiction in which you are located. However, in many places, there are enhanced penalties for drug offenses committed in proximity to schools or within designated school zones. These enhanced penalties are often designed to…
A civil restraining order and criminal charges are two different legal mechanisms that serve distinct purposes in addressing issues of harassment, violence, or other unlawful behavior. Civil Restraining Order: Purpose: A civil restraining order, also known as a protective order or injunction, is a legal order issued by a civil court to protect an individual…
Yes, individuals convicted of drug offenses in New Jersey have the right to appeal their convictions. The appeals process allows defendants to challenge the legality or fairness of their conviction or sentencing. Appeals in New Jersey typically involve reviewing legal errors that may have occurred during the trial or sentencing phase of the case. To…
The Fifth Amendment to the United States Constitution protects individuals from being compelled to be witnesses against themselves in criminal cases. This protection is commonly known as the right against self-incrimination. In the context of a drug-related investigation, you generally have the right to assert your Fifth Amendment right and refuse to answer questions that…
In the United States, drug offenses can be prosecuted at both the state and federal levels. If you are charged with a drug offense in New Jersey, you may face state charges, but it’s also possible to face federal charges depending on the circumstances. Federal authorities may become involved in drug cases if the alleged…
The New Jersey “Good Samaritan” law is designed to encourage individuals to seek medical assistance for drug overdoses without fear of legal repercussions. The law provides limited immunity from arrest, charge, or prosecution for certain offenses for those who seek medical help for someone experiencing a drug overdose. This law is aimed at promoting prompt…
In New Jersey, and in many other jurisdictions, you can be charged with drug possession even if the drugs were not found on your person. The key factor in a drug possession charge is typically whether you had control or dominion over the drugs. This means that if drugs are found in a location where…
In New Jersey, expungement laws are complex, and whether you can have your record expunged after a domestic violence conviction depends on various factors. Domestic violence convictions are subject to specific rules and regulations regarding expungement. Here are some key points to consider: Eligibility: In New Jersey, not all domestic violence convictions are eligible for…