Do you have questions about your criminal charges?
WHAT ARE THE MAIN COMPONENTS OF A CRIMINAL CASE VERSE A CIVIL CASE?
Civil cased are brought against an entity in an attempt to recover a monetary award. A criminal case is brought against an individual by the local, state or federal government in response to a violation of the law.
HOW DO YOU REMOVE A CRIMINAL OFFENSE FROM YOUR RECORD?
Those with a criminal record in New Jersey are able to clear their record through a process called expungement. There are limitation to expungement and it is best to speak with a criminal defense attorney for further details. Call Villani & DeLuca, P.C. at 732-820-1256 to discuss the clearing of your criminal record.
WHAT IS THE DIFFERENCE BETWEEN SIMPLE ASSAULT AND AGGRAVATED ASSAULT IN A NJ COURT?
Assault whether simple or aggravated involves a degree of force used against another individuals which may or may not result in bodily harm to the victim and whether or not a weapon was brandished. A simple assault is a less severe offense and is a disorderly person offense (misdemeanor). Aggravated assault is a much more serious charge and is an indictable offense (felony).
DID YOU KNOW YOU COULD BE ARRESTED FOT TRESPASSING WHILE DRIVING AN OFF ROAD VEHICLE IN NEW JERSEY?
It is illegal for you to drive an off-road vehicle (ORV) onto private property. You could be face with arrest from the police for illegally trespassing which carries a hefty fine.
WHAT TO EXPECT IF I GET CAUGHT USING A FAKE NEW JERSEY ID?
An underage person who possessing a fake ID with the intent to buy alcohol or tobacco can be facing the suspension of their driver’s license, mandatory alcohol education or treatment plan and thousands in fines and legal fees. If you are partying at a local college town bar, the police are especially on the look-out for underage drinking and fake ids.
THE IMPACT OF PLEADING GUILTY TO A CRIME AND YOUR STUDENT LOANS
Many college students in New Jersey and across the country finance their education through federal student loans. Because so many students are dependent on these student loans, it is important to understand that a student’s actions can affect their eligibility to receive these loans. What most students take for granted is that a conviction for minor criminal offenses can result in suspension of student loans.
HAZING IS NO BIG DEAL! OR IS IT?
Hazing in New Jersey is an offense that can be punished more severely than one would probably imagine. Many sororities, fraternities, sports teams, military units and gangs use hazing as a ritual in order to initiate members into the group. Rituals could include physical and mental punishment, sexual misconduct, nudity, pranks and criminal misconduct just to mention a few methods. Many people see hazing as a joke or fun and don’t take into account the fact they can be charged criminally for it.
WHAT ARE THE CONSEQUENCES OF BUYING ALCOHOL FOR A MINOR IN NEW JERSEY?
Purchasing alcohol for a minor carries serious consequences in New Jersey. Kids will sometimes hang around the outside of a liquor store asking adults to purchase them alcohol, or maybe they will get an older sibling to buy it for them. In both cases you could be facing serious penalties. Anyone who buys alcohol for a minor will be charged with a disorderly person offense and could be facing up to $500 in fines, suspension of your driver’s license for 6 months and up to six months in jail.
CAN YOU BE CHARGED WITH A DWI IF MY BAC IS BELOW 0.08%?
A person can be convicted of driving while under the influence of intoxicating liquor even when their blood alcohol concentration (BAC) is below 0.08% percent or if the results of the Breathalyzer are not accepted into evidence but the officer testifies to the contrary and the facts of the case support that conclusion. Arguably, consuming even a small amount of alcohol dulls the senses, decreases reaction time, and hampers judgment, vision and alertness. If a person consumes alcohol and their driving is negatively impacted, they can be convicted of drunk driving.
CAN YOU BE CHARGED WITH A DWI IF YOU ARE NO LONGER DRIVING?
In New Jersey, a person need not be actually driving a vehicle in order to satisfy the element for a DWI conviction. Instead, the operation element may be satisfied by any direct or circumstantial evidence of a police officer observing the accused in or out of the vehicle with the assumption that the person had clearly operated the vehicle while clearly impaired.
CAN YOU BE CHARGED WITH A DWI IF YOU ARE DRIVING A BOAT?
With over a hundred miles of coastline, New Jersey has thousands of boats traveling along it’s shoreline daily. What some boaters might not realize is that the laws that pertain to drunk driving on land also pertain to boats on the water. You can be charged with Boating While Intoxicated (BWI) if you are to shown to be impaired while operating a vessel on the water.