Tuesday, April 14, 2015

Basic information about Expungements in New Jersey

A person who is charged with criminal offense in New Jersey and is arrested for the same, will definitely have an arrest record maintained. Later on when the person gets convicted, the record of conviction also exists. The records consist of complaint charged, summons, warrants issued, case- processing records, DNA report, photographs, fingerprints, rap sheets, index cards and other judicial records. These records can exit on paper and also on computer. In many cases, the offense done by the person is considered as minor and person is never arrested. In such cases also, criminal record of the person exists and it can be accessed in future. New Jersey Criminal Law gives option to person to have expungement of criminal record.

Records that can be expunged:

Granting of expungements happen when there are false arrests, release during trial or appeal or rehabilitation program suggested for the arrested person. When expungements happen, all the records related to the particular crime are not destroyed rather they are segregated. Going for expungement of record is a judicial process and upon completion of the process, the charged and/or convicted person receives signed court order by a judge stating that the offense shall be considered not to have happened. In such case when insurance companies, creditors, prospective employers, landlords go for background checking for that person who had his/her record expunged, no record will exist and he/she will have no problem in leading normal life.

Need of an Attorney for Record Expungement:

As such, expungement of records need not be handled by an attorney. According to New Jersey Criminal Law, the accused or charged person is allowed to go for expungement of record himself/herself. But the entire process may be confusing for the applicant and expungement of records may take time. The expungement filing fee is very nominal in New Jersey State. It is about $52.50. It is important for the applicant to comply with all the specifications of law to get record expungements. If any of the steps needed for processing of expungement of records is missed out, the expungement petition gets denied. That is why it is advisable to hire an experienced attorney who could guide the record expungement applicant in every step. In case the expungement application is opposed by New Jersey Law Enforcement Department, the applicant could not be handle it and it may become a complicated case and ultimately expungement of records may not possible. Applying for expungement and going through the entire process again will definitely cost more money and time.

For further details visit New Jersey Criminal Law or wants an appointment contact New Jersey Expungements Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

To Read More: DUI/DWI Lawyers in New Jersey

Wednesday, April 1, 2015

Traffic Tickets: New Jersey

In the state of New Jersey, traffic tickets are handed over to any individual who has committed a traffic violation. Under general circumstances, any traffic violations in NJ carries with it the possibility of earning a traffic ticket which can lead to various consequences, the minimum of which is a fine and accumulation of driver’s points on a driver’s record to a maximum of jail sentence and cancellation and/or revocation of the driver’s license. The driver’s are advisable under the conditions to follow the directions below.

Getting a Traffic Ticket:

As stated earlier, various types of traffic violations in NJ can lead a driver to earn a traffic ticket. If a driver is charged with a traffic ticket, he has firstly two options, unless the citation states that the driver must appear in court, he can plead guilty and pay his fine or plead not guilty and challenge in the court. For many, it is favourable to plead guilty and pay the fine as in New Jersey there exists a convenient way of paying tickets and related surcharges online. However, if the driver believes he or she is innocent, the ticket can be contested in court.

Getting a traffic ticket dismissed:

The driver can contest and if he wins the case, the traffic tickets can be dismissed. NJ courts don’t dismiss traffic tickets for attending any kind of defensive driving course.

Traffic Tickets while holding a CDL while in NJ:

Any driver holding a CDL or Commericial Driving License can either plead guilty or not guilty. However, it would be advisable to notify the employer within 30 days, if the driver is convicted. Overall the processes are same as any regular driver, but drivers holding a CDL can face stiffer penalties and punishments if they are convicted.

Getting a DUI ticket for someone under 21 years:

For a BAC of higher than 0.01%, if the driver is under 21 years of age, he or she can face the following punishments, depending on the severity of the violation
  • License suspension for 30-90 days
  • Community service for 15-30 days
  • Alcohol education and highway safety program participation.
Traffic Violations for student drivers:

The penalties are basically the same, however, the responsibility will fall on both the driver and the instructor or the adult who is supervising the student.

Reducing License Points:

The MVC will deduct 2 points from the driving record of the driver, if he completes a state approved course.

For further details visit Ocean County traffic Violations or wants an appointment contact Ocean County Traffic Lawyer here: Airport Plaza, 1390 State Route 36, Suite 101, Hazlet, NJ 07730

To Read More: Traffic Tickets In NJ

Things to Remember While Hiring Mecklenburg Criminal Lawyers

Criminal cases are considered as some of the most complex and serious types of cases. However; despite the huge seriousness of these cases, it is important that both the accused and the victim of the case hire lawyers for handling their case, because despite being serious, these cases when dealt with properly, can bring out unimaginable results. However; hiring a good lawyer is not enough, the client must be aware of certain things that he or she should search for in a lawyer and keep in mind certain aspects. This article here will let you understand the things you should keep in mind while finding a good Mecklenburg criminal lawyers.

Aggressiveness:

One of the primary things that you should seek in a criminal lawyer, whether you are the complainant or the accused is that your lawyer must be pretty aggressive. This is because, criminal cases are taken in very high respect in Mecklenburg County courts and without a strong approach to the case, a lawyer will never be able to ensure results. Whether you are seeking a lawyer for defending your case or fighting it as a complainant, you and your lawyer will definitely have to face the allegations and the array of questions that will be thrown at you and if your lawyer is not aggressive enough to establish his or her point, he or she will never be able to reap benefits and show results for the client.

Relevant experience:

While there are many criminal lawyers working in Mecklenburg County now a days, it is not only sufficient to seek a good lawyer but also a lawyer who has a considerable amount of expertize and most importantly, experience in the field. This means that a lawyer who has the signboard of being a criminal lawyer, doesn't necessarily mean that the lawyer will be able to effectively deal with your case as well. Hence; always try to see whether the Mecklenburg criminal lawyers in question has at all relevant experience in the type of case in which you are seeking assistance.

Approach:

The other major factor that should concern you as a client is that how the Mecklenburg criminal lawyers whom you are planning to hire is approaching your case. While it is true that you should always hire a lawyer who has a pretty good amount of relevant experience in the field, you definitely should not work with a lawyer who is overconfident due to his or her experience and is not approaching the case in a very serious manner.

For further details visit Charlotte Criminal Defense or wants an appointment contact Mecklenburg criminal lawyers here: 118 South Colonial Ave. Charlotte, North Carolina 28207

Read More Here: Mecklenburg Criminal Lawyers

Court Process after Arrest in New Jersey

For a person who is arrested in New Jersey due to criminal charges, tough time starts the moment person is arrested. For such a person, exposure to the entire judicial process of New Jersey is very stressful. The person as well as family members and friends spend their days in agony and if release does not happen immediately after the arrest, the future of the arrested person is at high stake. It is mandatory for a person to know more about Criminal Law New Jersey to act immediately in case any he/she is arrested or any near one undergoes the same situation.

Role of Police during Arrest:

A person enters into the criminal judicial system of New Jersey the moment the person is arrested. A person may be arrested after the police produce an arrest warrant or police could arrest the person at the place of suspected crime. During the arrest a specific set of rules has to be followed by the Police Officials. A person may not be arrested yet can be charged with a crime provided that person is given summon to appear in the court.

Immediate Actions after the Arrest:

By the time a person is able to understand how to proceed for release; crucial time is lost which may cause serious consequences in a criminal case. Hiring a professional will help the arrested person to accelerate the release process and go for the same in the right manner. Only a professional has the updated knowledge about Criminal Law New Jersey and could help the client to come out of such stressful situation fast.

Bail Application for the arrested person:

When an arrested person is released on bail, it is like a promise made by the arrested person to come and present in the court on specified dates. In case court find any possibility that the arrested person have chances of not returning back to the court in future the bail may not be granted and the arrested person has to be in jail till next court date is given. Many factors are considered by the judge before granting bail to the arrested person. These factors are employment of the charges given against the person, employment of the person, family background and current family situation, history of non-appearance in court, risk the person pose to himself/herself and risk the person is posing to the community. The release of the arrested person may happen in exchange of money or it could be on the self recognizance of the person where no money has to be deposited.

For further details visit Criminal Law New Jersey or wants an appointment contact New Jersey Criminal Defense Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

To Read More: Basics About Arrest In New Jersey