Blog | Law Office of Steven A. Traub

Proposed Legislation for New Jersey Expungement

every — Mon, 08 Jun 2015 13:44:16 +0000

Great news! On May 7, 2015 the New Jersey Senate Judiciary Committee reported favorably upon legislation which would shorten expungement of criminal convictions. In addition this proposed legislation will permit Drug Court graduates to expunge their entire criminal record. This will provide a significant incentive for Defendants to enter and complete Drug Court.

The proposed legislation would shorten the waiting time for an expungement of a criminal conviction from 10 years to 5 years. The legislation would also permit the expungement of up to two disorderly persons convictions. Presently no disorderly persons convictions may be expunged if a criminal conviction is expunged. This is why you need an Expungement Lawyer to help you with you get your records expunged.

The proposed legislation will also reduce the waiting period for the expungement for disorderly person’s offenses and petty disorderly persons offenses from 5 years to 3 years. This will be extremely beneficial to youthful offenders given the fact that many such offenses occur with the 18-23 year old population (e.g. possession of marijuana). This suggested language is an important step towards ensuring young people have a better opportunity to join work force. Another very important change in the proposed legislation would be the automatic expungement of arrests which do not result in conviction. Under the current law if you are charged with a crime or disorderly persons offense and if the charge is subsequently dismissed or you are found not guilty, you must still engage an attorney and file a formal expungement petition. The proposed rule change will make such expungements almost automatic. Call (856)-288-1791 or Click Here For A Free Consultation

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Conditional Dismissal Program for New Jersey Municipal Courts

every — Wed, 11 Feb 2015 16:07:41 +0000

New Jersey’s Pretrial Intervention Program (PTI) offers first-time offenders an opportunity to avoid criminal prosecution through the criminal court system. If accepted into the PTI program, a defendant will not be prosecuted, can avoid going to jail, can avoid a conviction, won’t have to pay for a trial, and will be able to have their criminal arrest record expunged. Recognizing that certain kinds of criminal behavior often leads to repeated encounters with the law, the PTI program offers rehabilitative services in an effort to reduce levels of recidivism. The PTI program addresses underlying personal and socio-economic realities that create conflict and distorted ethical incentives. As a result, the PTI program helps first-time offenders link to develop an understanding of underlying issues associated with cultural, social, and economic issues that lead to destructive, criminal behavior.

Who is Eligible for the Pretrial Intervention Program?

Not all first-time offenders are eligible to participate in the PTI program. While each case is different, participation in the PTI program is governed by the following considerations:

First-time offender without a prior criminal record
The age of the defendant – PTI is for adults, not juveniles
Defendants charged with an indictable offense, often non-violent in nature
The intention or motivation of the defendant in committing the crime
The wishes of the victim and society’s interests
Parolees and those on probation are usually excluded from PTI
Defendants who have previously participated in a diversionary program are usually excluded
Defendants charge with 1st and 2nd degree felonies are usually excluded

How does the Pretrial Intervention Program Work?

If accepted into the PTI program, a defendant will be placed under supervision of the probation department for one to three years. Participants will be expected to submit to random urine tests and agree to pay mandatory financial penalties. In some cases, a participant may be required to perform community service, submit to drug and alcohol treatment, undergo a psychological evaluation, and pay their victims restitution. After the successful completion of the PTI program, the original charges against a participant are dismissed and no record of a conviction recorded.

Should a participant fail to complete the PTI program, he or she is terminated from the program and their case is returned to court for trial. This is why you need a Criminal Defense Lawyer to help you in these types of situations.

Applying for the PTI Program

An application must be filed with the Criminal Case management Office in the county where you have been charged. A $75.00 application fee is required. You should contact a criminal defense attorney as soon as possible after your arrest to determine if you qualify for PTI and when you should apply. An application can be filed any time after the filing of charges. However, once you have entered a formal plea, your application should be filed no later than seven days after your original plea. Someone from the Criminal Division of the Superior Court will interview you and a written report will be prepared indicating the decision to admit or reject you into the PTI program. The prosecutor and your defense lawyer will receive a copy of this report. If the Criminal Division recommends your admittance and the prosecutor agrees, you will be required to abide by the conditions set forth in your PTI program.

If you are not accepted, you can appeal the decision to the Presiding Judge of the Criminal Court Division.

Questions? Contact Cherry Hill PTI Attorney Steven A. Traub

If you’ve been arrested for the first time and charged with an indictable offense, you should talk to an experienced criminal defense lawyer about the PTI program. If the court grants your request to enter the program, you can avoid a criminal trial, conviction, and jail while receiving help to avoid a run-in with the law later. For more information regarding the PTI program, contact Cherry Hill Criminal Defense Lawyer Steven A. Traub today. Call (856)-288-1791 or Click Here For A Free Consultation

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Conditional Discharge for First-Time Misdemeanor Drug Possession

every — Wed, 11 Feb 2015 16:06:29 +0000

A first-time arrest for a small possession of marijuana or hash can be a frightening experience: will you have to go to jail? Pay an expensive fine? Have a permanent criminal record? Will your employer find out and, if so, will your boss understand or fire you? Recognizing the importance of helping first-time offenders avoid future encounters with the law, New Jersey offers different Pre-Trial Intervention Programs (PTI), including a Conditional Discharge (CD) for those arrested on drug possession charges.

In order to qualify for a CD, the following conditions must be met:

You must be charged with a Disorderly Persons offense
You must not have participated in a diversionary program in the past
The Conditional Discharge will be of benefit to you regarding any perceived drug problem the court believes is at issue
Typically, a CD is not available in cases involving heroin, cocaine, meth, or hallucinogenic drugs, unless the charges have been downgraded by the county prosecutor’s office

What a Conditional Discharge Means for You

If a CD is granted in your case, you will be placed on probation for up to one year, depending on what the court deems appropriate. Additionally, you will be required to pay mandatory financial penalties totaling $833.00. You will not be subject to the mandatory 6 to 24 month suspension of your driver’s license. Over the course of your probation, a probation officer will be assigned to you. You are required to report to your probation officer and will be subjected to random drug tests administered by him or her.

Assuming you successfully complete your program, the charges against you will be dismissed and you will be able to expunge your arrest 6 months after dismissal. If you fail to successfully complete the program, the case will be returned to court for prosecution.

Entering the Conditional Discharge Program

In order to participate in the CD program, you must first be eligible according to the criteria listed above. If you are eligible, you can request a Conditional Discharge from the Court. You will be required to pay mandatory penalties and will be asked to fill out certain paperwork. Sometime after you file your paperwork, the Conditional Discharge Officer assigned to your case will contact you. This can take anywhere between two to six weeks. During this time, it is important to periodically check in with the Court to ensure your paper work has been received and you have been entered into the system. Failure to make sure you are in the system could delay the time-frame required for the successful completion of your program.

Contact Cherry Hill Marijuana Possession Attorney Steven A. Traub

A conviction for marijuana possession can have long-term legal, financial, and employment consequences. If you’ve been arrested for marijuana possession, contact Cherry Hill, New Jersey Drug Charge Defense Attorney Steven A. Traub today to learn how we can help you. Call (856)-288-1791 or Click Here For A Free Consultation

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Megan’s Law in New Jersey

every — Wed, 11 Feb 2015 16:03:58 +0000

Megan’s Law is a colloquial name for U.S. laws that require law enforcement to make information regarding registered sex offenders available to the public. In New Jersey’s Megan’s Law, certain sex offenders must register on an Internet registry. Based upon the classification of the offender, information is made available on the registry about the individual and his or her past offense(s). Registrants with the highest classification have their name, address, past offense(s), birth date and description listed which is accessible by the public.

If you are convicted of a sex offense, are found delinquent or found not guilty by reason of insanity of a sex offense, registration is required. Upon registration, you are evaluated and classified as low, moderate or high risk for re-offense. However, before classification is finalized you are entitled to a hearing. The hearing process examines the seriousness of your offense; any prior criminal record; your personal characteristics; and community support available. An experienced New Jersey Megan’s Law attorney can represent you at the hearing to ensure you receive a just classification and your rights and privacy are protected.

The purpose of Megan’s law was to increase public safety by informing and educating the public about sex offenders. However, no one may use the information on the registry to threaten, intimidate or harass you. And the law prohibits anyone from using registry information to deny an individual:

Health insurance
Insurance
Loans
Credit
Education, scholarships or fellowships
Benefits, privileges, or services provided by any business (unless consistent with the enhancement of public safety)
Housing or accommodations

Talk to an NJ Megan’s Law attorney today if you have been charged with a sex offense, need assistance with a classification hearing or a Motion for Removal from the sex registry, you should speak to an experienced attorney immediately. Contact The Law Office of Steven A. Traub online today or call (856)-288-1791 or Click Here For A Free Consultation

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