Criminal Law Amendments (Changes to the Drug Distribution and Possession with Intent charge)
This just in! The Court now has the discretion to grant Probation on 3rd degree Drug Distribution, Possession with Intent to Distribute in a school zone. The Court can reduce the jail term or waive the jail term and grant probation. In deciding to reduce the jail term or grant probation the Court shall consider:
1. The Defendant's prior criminal record and seriousness of the offense.
2. The specific location of the offense in relation to school property.
3. Whether the school was in session at the time of the offense.
4. Whether children were at or near the location where the offense took place.
There are other criteria in which the Court is still not permitted to reduce or waive the jail term.
This Amendment reduces the strict "Brimage" guidelines where Defendants were charged with Distribution of Cocaine/Heroin within 1000 feet of a school zone.
Also, clients that have been sentenced to this previous law can now file a motion to reduce or change their sentence.
New Expungement Amendments in NJ
This just in! New Expungement Amendments in New Jersey.
- A person who has been convicted of a 3rd or 4th degree Possession/Distribution of CDS, of any kind of drug, is now eligible for an Expungement. Prior to this any Amendment, only Marijuana/Hashish were allowed to be expunged. As with an Expungement, it is still at the Court's discretion whether or not the Expungement is granted.
The Amendment now also allows convictions, which normally required a 10 year waiting period from the date of the satisfactory payment of fines, to be expunged sooner as long as it has been at least 10 years from the date of conviction, release from incarceration or satisfaction of parole/probation. So basically, if it has been at least 10 years from your conviction, release from incarceration or completion of parole/probation ant it took longer than 10 years to pay your fines, it is still at the Court's discretion whether or not the Expungement is granted.
The amendment also allows for Expungements to be filed for convictions of Indictable Offenses which previously require a 10 year waiting period to be relaxed to a 5 year waiting period. The person seeking the Expungement must have at least 5 years expired from the date of the conviction, payment of fine, completion of probation or parole, or release from incarceration, whichever is later. The person cannot be convicted of a crime, disorderly persons offense or petty disorderly persons offense since the time of conviction. As with any Expungement, it is still at the Court's discretion whether or not the Expungement is granted
Contact our law office for more details or to have your questions answered.
- A person who has been convicted of a 3rd or 4th degree Possession/Distribution of CDS, of any kind of drug, is now eligible for an Expungement. Prior to this any Amendment, only Marijuana/Hashish were allowed to be expunged. As with an Expungement, it is still at the Court's discretion whether or not the Expungement is granted.
The Amendment now also allows convictions, which normally required a 10 year waiting period from the date of the satisfactory payment of fines, to be expunged sooner as long as it has been at least 10 years from the date of conviction, release from incarceration or satisfaction of parole/probation. So basically, if it has been at least 10 years from your conviction, release from incarceration or completion of parole/probation ant it took longer than 10 years to pay your fines, it is still at the Court's discretion whether or not the Expungement is granted.
The amendment also allows for Expungements to be filed for convictions of Indictable Offenses which previously require a 10 year waiting period to be relaxed to a 5 year waiting period. The person seeking the Expungement must have at least 5 years expired from the date of the conviction, payment of fine, completion of probation or parole, or release from incarceration, whichever is later. The person cannot be convicted of a crime, disorderly persons offense or petty disorderly persons offense since the time of conviction. As with any Expungement, it is still at the Court's discretion whether or not the Expungement is granted
Contact our law office for more details or to have your questions answered.
DWI Amendments in NJ
This just in! New DWI law enacted, called "Ricci's Law". First time DWI offenders and people who have been convicted of a Refusal are now subject to the Interlock Device (a blood alcohol measuring device installed on your vehicle's steering column which requires the driver to submit a breath sample before the vehicle is able to start). The Statute is discretionary and a Judge can order that either the Interlock Device be installed or an argument can be made to have the person's Registration suspended in lieu of the Interlock Device.
Use of the device on vehicles principally driven by the offender will be mandatory for violations of the Refusal statute and also for those Defendants with a blood alcohol level (BAC) of .15 or greater.
Contact our law office for more details or to have your questions answered.