Federal Criminal News

What Happens If a NJ Municipal Court Judge Denies a Domestic Violence Temporary Restraining Order? Can You Appeal Right Away?

New Jersey Criminal Lawyers Schwartz Posnock

Currently, victims of domestic violence can apply for a temporary restraining order (also known as a TRO) in the Municipal Courts when the Superior Court is closed. However, if the victim requests a review of the Municipal Court denial, the victim must wait until the Superior Court is open for business. Effective October 1, 2019, if a victim requests an immediate off-hours, on the merits review of the denial of a TRO, the following procedure must be employed:

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Arrested on Sandy Hook, Gunnison Beach National Recreation Center in NJ – What Happens Now?

New Jersey Criminal Lawyers Schwartz Posnock

Our firm represents individuals charged with the entire array of Sandy Hook offenses, such as possession of drugs; lewdness; driving while intoxicated; destruction of property; disorderly conduct; reckless driving; speeding, and leaving the scene of an accident.

Our clients work as university professors, public school teachers, social workers, IT professionals, lawyers, real estate brokers, nurses, and individuals employed in the financial industry. As such, we are very experienced in representing individuals who hold professional licenses and individuals who must submit to periodic background checks as a condition of their employment.

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NJ Police Plan DWI/DUI Labor Day Crackdown

New Jersey Criminal Lawyers Schwartz Posnock

Over 100 police departments throughout New Jersey have received increased funding for the arrest and prosecution of drunk drivers and drivers under the influence of drugs throughout the state. The greater police presence begins now and continues through Labor Day weekend.

“If you’re out there driving under the influence of drugs or alcohol, the odds are we’re going to stop you and arrest you,” Director of the Division of Highway Traffic Safety director Eric Heitmann said in a statement.

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Alcohol Banned at Sandy Hook Beach NJ

New Jersey Criminal Lawyers Schwartz Posnock

On Tuesday April 2, the National Park Service announced that Gateway National Recreation Area (commonly known as Sandy Hook) will ban alcohol entirely, effective immediately.

This means that booze is banned from being brought onto beaches, parking lots, park grounds, picnic areas and boating docks. The problems arose because many other beaches along the Jersey Shore have long banned alcoholic beverages, so Sandy Hook became known as the place where people could drink, and soon thereafter became a party beach. Between 2012 and 2016, 58 percent of the 919 arrests made at Sandy Hook were alcohol-related, said park spokeswoman Daphne Yun. The no-alcohol rule will also apply at Gunnison Beach on Sandy Hook, New Jersey’s only legally nude beach.

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NJ Property Seized? Forfeiture Proceedings Started? Our Experienced NJ Lawyers Fight for You.

New Jersey Criminal Lawyers Schwartz Posnock

State and local governments often seize cash, cars, homes, and other property that is suspected of being used to commit a crime. The connection between the crime and the property seized is often non-existent.

In response, the United States Supreme Court, in Timbs v. Indiana, recently ruled that the states are subject to the Constitution’s Eighth Amendment prohibition against excessive fines and fees when they seek to seize property or other assets from individuals charged or convicted of a crime.

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Gunnison Beach or Sandy Hook Arrest? Contact an Experienced NJ Federal Criminal Lawyer.

New Jersey Criminal Lawyers Schwartz Posnock

Gunnison Beach at Sandy Hook is part of the Gateway National Recreation Area. Although located in New Jersey, Sandy Hook is federal land managed by the National Park Service. Gunnison Beach is New Jersey’s only legal nude beach.

If you are charged with an offense at Sandy Hook, such as lewdness, possession of narcotics, driving under the influence, speeding, or reckless driving, your case will be heard in Federal Court in Newark, New Jersey.

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Arrested at the PNC Arts Center in Holmdel, New Jersey? If Convicted, Your Future Is at Risk: Contact an Experienced NJ Criminal Defense Lawyer

New Jersey Criminal Lawyers Schwartz Posnock

The PNC Arts Center in Holmdel, New Jersey is a popular venue for summertime concerts at the Jersey Shore in Monmouth County. Thousands of patrons attend performances each summer, and on concert days, tailgating is common.

This year’s lineup includes acts such as Dierks Bentley, John Fogerty, ZZ Top, Slayer, Imagine Dragons, Rascal Flatts, Steely Dan, the Doobie Brothers, the Vans Warped Tour, the Dave Matthews Band, Rob Zombie, Marilyn Manson, Kesha, Macklemore, The Cult, Lauryn Hill, Pentatonix, Deep Purple, Judas Priest, Ozzy Osbourne, Willie Nelson, Niall Horan, and Kevin Hart, among others. As the crowds gather at the PNC, so do arrests – for underage drinking, possession of marijuana, assault, driving under the influence, possession of drugs, public urination, possession of drugs in a motor vehicle, and traffic violations. Think twice between carrying an open container in the parking lot or smoking marijuana before the show, or risk arrest by the undercover State Police at the PNC Arts Center.

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NJ Driving While Suspended Charges Carrying Mandatory Jail Time Dismissed  

New Jersey Criminal Lawyers Schwartz Posnock

Recently, the NJ criminal and traffic defense lawyers of Schwartz & Posnock obtained the dismissal of driving while suspended charges against a client in the Woodbridge, New Jersey Municipal Court. Had the client been convicted of these charges, she would have faced a mandatory ten days in jail. She would have also faced further license suspension and fines of $750.00 and $1,000.00 respectively. She would have lost her job, and her family would have been subjected to significant hardship.

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United States Justice Department Creates New In-House Team to Monitor Accuracy of Forensic Testimony in Criminal Cases.

New Jersey Criminal Lawyers Schwartz Posnock

In recent years, the battle over “junk science” used in wrongful convictions has accelerated. For example, the Innocence Project at the Cardozo School of Law in New York City found that forensic evidence was misused in nearly half of the 350 cases in which DNA was used to help exonerate wrongly convicted defendants.

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Drunk Driving Cases Dismissed

New Jersey Criminal Lawyers Schwartz Posnock

Penalties for being charged with driving while intoxicated (DWI) or driving under the influence (DUI) in New Jersey are severe, including heavy fines and penalties, jail time, and license suspension. If you are charged for DWI, DUI, or a related offense in New Jersey you will need a criminal defense lawyer who is willing to utilize rigorous defense strategies to protect your future. Schwartz & Posnock Attorneys are experienced NJ criminal defense attorneys who have a strong track record of defending clients charged with these types of offenses in New Jersey.

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