General Criminal Law

Maybe, but illegal searches are a common and often very productive line of defense in drug cases.

If the police overstepped the limits of probable cause, it is possible to have key evidence in a prosecutor’s case thrown out entirely.

Good criminal defense lawyers in New Jersey know how to challenge the initial stop that led to the search, and then challenge the search itself.

While the Fourth Amendment to the Constitution has taken a beating during the decades of America’s drug war, police power is still limited by statute, and your consent or lack of consent can be a determining factor in the legality of a search, and the subsequent evidence it reveals.

For a full consultation on drug-related criminal charges, call attorney Matthew Reisig at 732-625-9661 and learn how to protect yourself from serious penalties in New Jersey courts.

A mandatory minimum sentence is a legal guideline that judges are required to follow, mandating that conviction for a particular crime must result in a sentence of at least a given amount of time.

The mandatory minimum concept evolved in response to wide disparities in sentencing, especially for drug crimes, as some judges rejected the punitive approach to addiction that was in fashion in earlier decades.

In New Jersey, a drug conviction might result in a sentence of 3-5 years, with a three year mandatory minimum. During the three year period, you won’t be eligible for parole or any other early release option.

The important thing to remember is that drug prosecutions fail every day in New Jersey, and they fail most often when defendants are represented by experienced lawyers who know how to shield their clients.

If you’ve been charged with a drug crime in New Jersey, call attorney Matthew Reisig today at 732-625-9661 for a free consultation with a criminal defense attorney.

New Jersey law defines prostitution as the offer or acceptance to engage in sexual activity in exchange for money or property.

This means that whether you’re a prostitute or a customer, you can be charged identically, and the law makes no real distinction between soliciting for prostitution and prostitution itself.

As a first offense, prostitution is a Disorderly Persons Offense (what most states call a misdemeanor), and carries a sentence of up to six months and fines of up to $1,000.

For subsequent convictions, or in instances where a minor is involved, penalties are increased and are charged as indictable offenses (felonies).

The state is required to prove the elements of the crime in any prosecution, and when it comes to the charge of soliciting for prostitution, the allegations are usually open to interpretation.

Fight back against state charges for prostitution with New Jersey criminal defense attorney Matthew Reisig.

Call 732-625-9661 today for a free consultation.

Megan’s Law is a series of legislative actions taken by the New Jersey legislature in 1994 following the rape and murder of seven-year-old Megan Kanka.

She was killed by a neighbor who had prior convictions for sex crimes. Megan’s Law established New Jersey’s sex offender registry, and requires that communities be notified when a sex offender moves into a neighborhood.

In 1996, the US congress passed a version of Megan’s Law legislation giving local law enforcement agencies authorization to notify the public when sex offenders reside, work, or visit in a given community. Each state was directed to develop procedures for this notification process.

All states have since passed a version of Megan’s Law.

In New Jersey, convicted sex offenders are required to notify local police and their community of their address, the crimes they have been convicted of, and what they look like, at the time of their parole or completion of their sentence.

Most have to verify that information on an annual basis; some offenders are required to verify their address every 90 days.

Some offenders are eligible to be removed from registration requirements after 15 years, but for others, the requirement lasts their entire lifetime.

New Jersey applies significant penalties for failing to comply with Megan’s Law.

Understand your rights and responsibilities by calling Matthew Reisig at 732-625-9661 for a free consultation.

The strategy will vary depending on the degree of the charge, but at its base, to prove a charge of resisting arrest, prosecutors have to prove several elements in the case:

• A police officer attempted to make the arrest
• The accused attempted to or actually prevented the arrest
• The police officer was acting under color of official authority and announced an intention to arrest the accused prior to the resistance
• The conduct that prevented the accused’s arrest was intentional.

If the state alleges flight, threats, or the risk of injury to police, the charge will be heightened from a disorderly persons offense, which carries a maximum six month jail sentence, to Fourth or Third degree crimes, which are felonies.

Fourth Degree Resisting Arrest carries a sentence of up to 18 months, and Third Degree Resisting Arrest can land you up to five years in jail.

These can be difficult charges to fight, as many arrests include only two witnesses, and it comes down to your word against a police officer’s.

However, when other eyewitnesses are available, or the arrest was caught on surveillance footage, it is possible to build a persuasive case that police and prosecutors have chosen to overcharge.

When there are defenses available for a resisting arrest charge, it’s usually possible to create additional doubt on the other charges that accompany it.

If you’ve been charged with resisting arrest, Matthew Reisig is the experienced criminal defense attorney who can help you push back against the case the prosecution is building.

Call 732-625-9661 today and get help right away.

Arrested For Shoplifting In NJ? You Need Experienced Legal Help.

I have never been arrested before this. What are the penalties and will I have a criminal record if I am convicted?

Being arrested for shoplifting is serious. Shoplifting is set forth at N.J.S.A. 2C;20-11 and can constitute either a crime or criminal offense depending on the amount of the shoplifted item(s).

The consequences of a guilty plea or guilty finding would result in a criminal record. Therefore, it is imperative that an individual charged with shoplifting, whether it be in municipal or Superior court, hires an experienced criminal attorney.

Moreover, shoplifting carries with it progressively stricter penalties if a person has previously been convicted of the offense.

If you or a family member have been arrested for shoplifting in New Jersey, call us at 732-625-9661.