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Yes, because of a recent ruling, successfully argued before the New Jersey Supreme Court by Attorney Matthew Reisig, judges in the state are required to consider post-offense conduct when issuing a sentence, with the goal of providing a fair sentence to the person who stands before them at the time, rather than the person involved in the criminal conduct in the past.

Because criminal cases often take months or longer to work through the system, offenders have ample opportunity and strong motivations to take actions to turn their lives around.

Your attorney can make sure that the sentencing judge is fully informed as to the steps you’ve taken, whether it is to address a substance abuse problem, volunteer in the community as a way to create moral restitution, or other actions that can be viewed as sincere efforts to make better choices and reduce the likelihood that you’ll face criminal charges again.

A criminal case involves many different elements, and the outcome can be improved by many factors that are within your control.

Attorney Matthew Reisig can ensure that you have the highest level of representation available, and build a defense case and strategy to protect your rights and freedom.

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

Reckless driving is a serious motor vehicle offense in New Jersey that can land you in jail for up to 60 days, with a fine of up to $200, and leave you with five points on your driving record.

This is a very dangerous place to be, because in most instances, reckless driving isn’t charged alone.

As an add-on to a speeding charge, a DWI, or leaving the scene of an accident, you risk suspension of your license or even probation, not to mention a big bump in the price of auto insurance.

If people are hurt or property is damaged as a result of reckless driving, you may face even more serious penalties.

The best thing to do when charged with reckless driving, careless driving, or related traffic offenses is to talk to an experienced lawyer who can help protect your license and minimize your exposure to penalty.

Call attorney Matthew Reisig today at 732-625-9661 for a free consultation.

The No Early Release Act (NERA) is a sentencing provision wherein a criminal Defendant convicted of certain 1st or 2nd degree crimes is required to serve a minimum term of 85% of the sentence imposed by the judge.

It is also known as the “85% rule”.

It applies to murder, aggravated manslaughter or manslaughter, vehicular homicide, 2nd degree aggravated assault, disarming a law enforcement officer, kidnapping, aggravated sexual assault, other specific sexual assaults, robbery, carjacking, aggravated arson, 2nd degree burglary, extortion, booby traps in manufacturing or distribution facilities, strict liability for drug induced death, terrorism, producing or possessing chemical weapons, biological agents or nuclear or radiological devices, and racketeering.

Also, NERA applies in an attempt or conspiracy to commit the above-referenced crimes.

Mr. Reisig has never lost a NERA crime at trial.

If you’ve been arrested in New Jersey, call us at 732-625-9661.

At what point can I seek to have my case dismissed on this basis?

These question presupposes that there has been an executed plea cutoff which has resulted in a scheduled trial date. A plea cutoff form as promulgated by the Administrative Office of the Courts (AOC), which is signed by the given county prosecutor’s officer or Attorney General, the defense attorney, the criminal part judge, and the defendant him/herself.

A Motion to Dismiss an Indictment can be filed at any time by a defendant prior to a scheduled trial date. Obviously, the judge will evaluate such a motion in the context of the circumstances presented within same. If a trial date keeps getting adjourned (postponed), the defense attorney should file such a motion.

At some point, the State has to present its case with the witnesses needed for such prosecution. If the State is having difficulty in procuring a particular witness or witnesses, that is their problem. An experienced and skilled defense attorney will know if this is the case.

The answer to the literal question is that there is no particular time period that must transpire before such a motion to dismiss is filed. For instance, the question presented does not reveal the timeframe by which these five requests for adjournment of a trial date have occurred.

All courts are sensitive toward providing due process to the defendant while also allowing the State a sufficient time period to organize their witness list to allow for prosecution. Necessarily, each case has to be evaluated on its own particular facts and circumstances.

On its face, five separate adjournments of a scheduled trial dates for the unavailability of a witness or or witnesses provides an absolute basis for a defense attorney to move to dismiss his or her client’s case. It should be noted that judges are given wide discretion in granting or denying these motions.

The question presented relates closely to constitutional principles of double jeopardy an speedy trial. These constitutional imperatives can only be evaluated in the context of more specific information related to a specific case.

If you need assistance with a criminal matter, call Attorney Matthew Reisig at 732-625-9661.