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Union County Criminal And Municipal Court Blog

2 sample defenses against larceny

A charge of larceny means that the defendant has been accused of the unlawful taking of another party's property. Larceny, or theft, is a serious crime, and the punishments become more severe depending on how valuable the allegedly stolen item is.

Because larceny defendants face the threat of jail time and other severe penalties, it's important to craft a larceny defense carefully by considering all of the facts and evidence at hand.

The elements of a personal harassment conviction

Due to the nature of human relations, it's not uncommon for two people to fall into disagreement, and in extreme situations, those disagreements can lead to yelling and threats. Not all interactions like this, however, are the fault of one person; sometimes both are to blame. Furthermore, not all interactions like this should lead to criminal charges.

If you find yourself in serious trouble with the law after an argumentative interaction -- and the accusations end in formal criminal charges -- you will then need to defend yourself in court. In preparation for your defense, you will want to know the elements required to convict you of the crime, so that you can develop a suitable strategy for your criminal defense.

What's your criminal defense strategy?

A criminal defense strategy is the overall plan you will apply to your criminal proceedings. Ultimately, the goal of your criminal defense strategy will be to improve your situation as much as possible. This might involve trying to get your charges dropped or dismissed, seeking a verdict of not guilty or negotiating a plea bargain deal.

When you hire a criminal defense attorney, your lawyer will help you formulate a criminal defense strategy. First, you will tell your side of the story to your lawyer. Next, your lawyer will review the formal charges that have been brought against you, and the evidence and other facts surrounding your case. Then, your lawyer will collaborate together and devise the best course of action to take in response to the charges you're facing.

How does the federal government establish drug classes?

Most people know that some drugs are considered more dangerous than others by the federal government, and that the government has therefore classified drugs into five different schedules.

Each of the five drug schedules come with increasingly severe punishments and penalties, with Schedule I drugs having the most severe penalties associated with them.

Cocaine and heroin bust results in 15 indictments

Authorities recently targeted an alleged drug ring in New Jersey and Pennsylvania. A total of 15 people were indicted for alleged drug crimes and racketeering in the massive cocaine and heroin bust.

Prosecutors claim that a 34-year-old man was running the drug operations out of multiple homes in Puerto Rico and Salem. Allegedly, the man was bringing 20 to 30 kilograms of cocaine and heroin into North Philadelphia and Camden on a monthly basis. Authorities said that the man has been "one of the biggest heroin suppliers in Camden and North Philadelphia." Authorities further noted that the regions have become major drug distribution hubs for that reason -- especially related to heroin and fentanyl-laced heroin.

Defense options in a DUI trial

All New Jersey drunk driving defendants have the legal right to defend themselves in court against the allegations being brought against them. The decision to defend oneself will largely rest on the facts and evidence the prosecution is bringing forward. If the facts and evidence are strongly against the defendant, for example, he or she might want to try to negotiate a plea bargain.

In some DUI defense matters, however, the prosecution's case will be shaky at best, and the defendant might choose to take the case all the way to trial. During trial, defendants will have several defense options that could become available related to the rules of evidence and procedure.

Dealing with a drunk driving license suspension

If you've had your driver's license suspended due to drunk driving, you are face-to-face with the reality of how important motor vehicle travel is for people living in the United States. Without a car, you can't get to work, you can't get your children to school, you can't go grocery shopping and there's so much more that you can't do. Granted, you could ride a bus, but this will likely waste hours and hours of your time waiting on the side of curb for the bus to eventually show up.

Knowing what the law says is the first step toward staying out of trouble. Here's how New Jersey driver's suspensions work as they relate to drunk driving:

  • Anyone stopped for suspected drunk driving in New Jersey runs the risk of having their driver's licenses suspended. In addition to a suspension, if convicted of DUI, you could face jail time, steep fines and other consequences.
  • For drivers with blood alcohol concentration (BAC) of between .08 percent and .09 percent, the potential driver's license suspension can last up to three months. For those who blew .10 percent or more, their driver's license suspensions could be between seven months and a year.
  • License suspensions will happen automatically following arrests and charges, before a conviction occurs. If you want to avoid this automatic suspension, you can ask for a hearing and try to make a case as to why a suspension is not appropriate.

Did you waive your Miranda rights?

Whether you've been arrested or not, we've all heard about "the right to remain silent." Your right to remain silent when you get arrested and accused of a crime is a part of your Miranda rights -- which are civil rights afforded to all individuals accused of a crime.

By virtue of your Miranda rights, you can stay silent when authorities question you about alleged criminal behavior. You also have the right to representation of an attorney. However, in many cases where police say they obtained an alleged confession from a defendant, police will say that the defendant waived his or her right to remain silent and chose to make an incriminating statement or confession.

Prescription drug possession: Drug was not in the original bottle

Did New Jersey authorities arrest you because you had prescription drugs on your person and they were not in the original container? The possession of certain prescription drugs that are not in the originally-labeled bottle could result in a New Jersey resident getting in trouble with the law.

Depending on whether these drugs were actually prescribed to you by your doctor, this offense could result in serious consequences. This article will look closely at the law as it applies to the packaging of prescription drugs.

Massive drug bust results in seizure of 7,000-plus heroin bags

Police in New Jersey allege that they seized 7,000-plus heroin bags in addition to marijuana, crack and ecstasy at a New Jersey home. The home was located close to a high school, authorities say.

Authorities say that the alleged drug dealers who were operating out of the home did not target high school students for their drug sales. Rather, they were primarily selling to clients from out of town. They sold to people who worked nearby, lived in the neighborhood and those who drove from miles away to purchase narcotics, police claim.

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