Possession of CDS
If you are pulled over for any reason by a police officer and
he or she finds marijuana, cocaine or non-prescription drugs in small
amounts, you will be arrested and served with a "green sheet".
That sheet has criminal charges listed on it, and along with other
information, tells you when you must appear in the Municipal Court.
In addition to probation and possible jail time, you will also
have to pay significant fines and penalties, as well as suffer a
loss of your driving privileges, if you are convicted.
You should be represented by a competent attorney in these cases.
There are many favorable results that can be obtained on these
charges including complete dismissal of the case. Please contact
us to discuss how we can assist you in this very critical situation.
Simple Assault
Most fights or assaults resulting in minor injury are resolved in
Municipal Court. Many Domestic Violence cases also end up in Municipal
Court, unless the County Prosecutor's office retains jurisdiction
in the case, and then proceeds in the Family Part of Superior Court.
Most of these cases can be resolved in your favor.
With competent counsel, your case can be dismissed without any
conviction or negative results to you.
Please contact us to discuss your matter.
Harassment/Disorderly Persons
If someone claims that you:
- Made, or caused to be made, a communication or communications
anonymously or at extremely inconvenient hours, or in offensively
coarse language, or any other manner likely to cause annoyance
or alarm;
- Subjected another to striking, kicking, shoving, or other offensive
touching, or threatened to do so; or
- Engaged in any other course of alarming conduct or of repeatedly
committed acts with purpose to alarm or seriously annoy such other
person
you will be charged with a Petty Disorderly Persons Offense.
A conviction in such a matter will show up on your "record",
and may have serious consequences for you.
These are often complicated charges which require assistance of
counsel. Please call us to discuss how we can help you.
Resisting Arrest/Hindering Apprehension
You will be charged with a Disorderly Persons offense if
you hinder your own detention, apprehension, investigation, prosecution,
conviction or punishment or that of another for a traffic violation.
The offense is a crime of the third degree if the conduct which
the actor knows has been charged or is liable to be charged against
the person aided would constitute a crime of the second degree or
greater, unless the actor is a spouse, parent or child of the person
aided, in which case the offense is a crime of the fourth degree.
The offense is a crime of the fourth degree if such conduct would
constitute a crime of the third degree.
Theft
Theft related offenses are classified as follows:
- Theft constitutes a crime of the second degree if:
- The amount involved is $75,000.00 or more;
- The property is taken by extortion;
- The property stolen is a controlled dangerous substance
or controlled substance analog and the quantity is in excess
of one kilogram;
- The property stolen is a person's benefits under federal
or State law, or from any other source, which the Department
of Human Services or an agency acting on its behalf has budgeted
for the person's health care and the amount involved is $75,000
or more; or
- The property stolen is human remains or any part thereof.
- Theft constitutes a crime of the third degree if:
- The amount involved exceeds $500.00 but is less than $75,000.00;
- The property stolen is a firearm, motor vehicle, vessel,
boat, horse, domestic companion animal or airplane;
- The property stolen is a controlled dangerous substance
or controlled substance analog and the amount involved is
less than $75,000.00 or is undetermined and the quantity is
one kilogram or less;
- It is from the person of the victim;
- It is in breach of an obligation by a person in his capacity
as a fiduciary;
- It is by threat not amounting to extortion;
- It is of a public record, writing or instrument kept, filed
or deposited according to law with or in the keeping of any
public office or public servant;
- The property stolen is a person's benefits under federal
or State law, or from any other source, which the Department
of Human Services or an agency acting on its behalf has budgeted
for the person's health care and the amount involved is less
than $75,000;
- The property stolen is any real or personal property related
to, necessary for, or derived from research, regardless of
value, including, but not limited to, any sample, specimens
and components thereof, research subject, including any warm-blooded
or cold-blooded animals being used for research or intended
for use in research, supplies, records, data or test results,
prototypes or equipment, as well as any proprietary information
or other type of information related to research;
- The property stolen is a New Jersey Prescription Blank as
referred to in; or
- The property stolen consists of an access device or a defaced
access device.
- Theft constitutes a crime of the fourth degree if the amount
involved is at least $200.00 but does not exceed $500.00.
- If the amount involved was less than $200.00 the offense constitutes
a disorderly persons offense.
Shoplifting
In addition to the penalties above, any person convicted of a shoplifting
offense shall be sentenced to perform community service as follows:
for a first offense, at least ten days of community service; for
a second offense, at least 15 days of community service; and for
a third or subsequent offense, a maximum of 25 days of community
service. Any person convicted of a third or subsequent shoplifting
offense shall serve a minimum term of imprisonment of not less than
90 days.
Any person purposely concealing unpurchased merchandise of any
store, either on the premises or outside, is presumed to have concealed
the merchandise with the intention of depriving the merchant of
the possession.
A merchant who causes the arrest of a person for shoplifting is
not criminally or civilly liable where the merchant has probable
cause for believing that the person arrested committed the offense
of shoplifting.
Bad checks
A person who issues or passes a check or similar order for the payment
of money, knowing that it will not be honored by the drawee, commits
an offense, and is subject to the penalties as stated above.
An issuer of a check is presumed to know that the check or money
order (other than a post-dated check or order) would not be paid,
if:
a. The issuer had no account with the drawee at the time the check
or order was issued; or
b. Payment was refused by the drawee for lack of funds, or due
to a closed account, after a deposit by the payee into a bank for
collection or after presentation to the drawee within 46 days after
issue, and the issuer failed to make good within 10 days after receiving
notice of that refusal or after notice has been sent to the issuer's
last known address.
Notice of refusal may be given to the issuer orally or in writing
in any reasonable manner by any person.
If you are charged with any of these offenses, please call us to
discuss your options.
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