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Criminal

False Drug Test Results in NJ

One common defense in a drug-related case is that the prosecutor cannot prove the supposed drugs involved were actually a controlled dangerous substance (CDS) under New Jersey law. Many people may not believe it is difficult to identify drugs, however, samples of the substance must be tested by forensic lab technicians and the results must be reported for a conviction to be valid. A https://www.muni-mail.com/wp-content/uploads/2016/03/Fallonmemo.pdf recent letter to the New Jersey Public Defender demonstrates just how important checking these lab results can be.

According to the letter, the prosecutor’s office had discovered that a police lab technician had written down lab results that samples were marijuana without actually testing the samples first. While only one instance was directly witnessed, it casts doubt on any drug samples previously processed by this lab technician over the course of his decade-long employment. Estimations indicated more than 2,000 cases may have been impacted, many of which ended in conviction and imprisonment for the alleged offenders. What will happen in these cases is as of yet unclear, though the criminal defense community will be watching for solutions.

Even Unintentional Errors should be Identified

While the above matter involves egregious and intentional behavior, most lab errors occur because of simple human mistakes. However, that does not make these errors any more acceptable to serve as the basis of a criminal conviction and sentence. For this reason, a skilled drug crime defense attorney should always closely examine all actions by the lab in relation to the drug testing and potential lab results. Some errors that commonly occur can include:

  • Misplacing samples
  • Mislabeling samples
  • Allowing samples to be contaminated
  • Not properly calibrating testing equipment
  • Allowing untrained technicians to handle or test the samples
  • Having a gap in the chain of custody of a sample

If any of the above errors may have occurred, false results of the drug testing may occur and should not be admitted as evidence in a criminal case.

Call for a Consultation with a NJ Drug Defense Lawyer Today

Identifying possible false lab results for a drug test is only one of many ways experienced criminal defense attorney Robert E. DePersia, II can defend against a variety of criminal drug-related charges. If you have been charged with possession, distribution, or manufacture of a controlled dangerous substance, you should not hesitate to contact the Law Office of Robert E. DePersia, II as soon as possible so that we may start working on your defense.

Criminal

Drug Offender Restraining Order

When you hear the term “restraining order,” chances are you will think of a situation involving stalking, assault, or another form of domestic violence. While restraining orders are common in such situations, New Jersey courts can also issue restraining orders stemming from drug charges or convictions. Most individuals facing a Drug Offender Restraining Order (DORO) were not aware that their travel may be limited due to a drug case until it was too late.

Specifically, a DORO is intended by the NJ legislature to prevent individuals facing drug cases from returning to locations in which they had manufactured, purchased, used, or sold a controlled dangerous substance (CDS). The purpose behind the law is to reduce drug activity in such locations. However, many law enforcement officers and prosecutors seek these restraining orders when it is unconstitutional to do so. For example, if a DORO is not specifically mentioned as part of a plea agreement, a prosecutor cannot later request the order at sentencing after an individual has pled guilty. In such a case, you should have a defense attorney on your side who can identify a violation of your rights and who can fight against the DORO.

You can Face New Penalties for Violating a DORO

Fighting against a drug-related restraining order is important for many reasons. First, if you were accused of selling drugs in the neighborhood of your family or friends, you may not be able to visit them. Additionally, if you violate the DORO, you may be arrested and may face new charges of violating a court order. Courts take violations of their orders extremely seriously and can hold you in criminal contempt, sentence you to jail time, and impose fines among other penalties. Allegations of violating a DORO require an experienced defense attorney who understands the law regarding this type of restraining order in NJ.

Consult with a New Jersey Drug Crime Defense Attorney as Soon as Possible

Drug offenses can have widespread consequences, including being banned from traveling to certain locations that may be a big part of your life. You may even be subject to some of these penalties before you are ever convicted of a drug crime. For this reason, it is imperative to immediately call a highly experienced criminal defense attorney who fully understands how to defend against drug charges and the variety of penalties including restraining orders. Please contact the Law Office of Robert E. DePersia, II for a consultation today.

DWI

Is The Alcotest Being Phased Out?

When a law enforcement officer suspects that an individual is driving under the influence (DUI) of alcohol, they must have probable cause to support an arrest. In addition, in order to secure a conviction for DUI, a prosecutor must have sufficient evidence that a driver had a blood alcohol concentration (BAC) over the legal limit of 0.08 percent or other signs that a driver was impaired. One of the most concrete pieces of evidence that is commonly used in a DUI case is the result of a test that measures the alcohol level in a person’s breath. While many jurisdictions use the ubiquitous Breathalyzer device for breath tests, New Jersey law enforcement has used a device called the Alcotest 7110 MCIII-C since 2005.

The reliability of the Alcotest was first challenged in 2008 and then again in 2011. In 2011, it was discovered that the software for the Alcotest had not been properly updated—as was required for results to be reliable. However, the manufacturer announced it was no longer supporting the device as of 2016, so instead of updating the software, NJ officials decided to discontinue the use of the Alcotest device. In addition, the Breathalyzer is not a viable option, so it is unknown how law enforcement in NJ will soon provide breath test evidence in a DUI case.

If another breath test device is not accepted by the state soon, one possibility is that officers will rely more heavily on their observations of intoxication. Many difference observations are commonly used against defendants charged with DUI, including the following:

  • The odor of alcohol on a person or in the vehicle
  • Slurring of words
  • Stumbling or swaying
  • Bloodshot, red, or watery eyes
  • Empty containers in the vehicle
  • Erratic driving behaviors
  • Performance on field sobriety tests

None of the above are generally as reliable as the concrete results of a breath test indicating a driver’s specific BAC. Therefore, a skilled DUI defense attorney will challenge an officer’s observations any way possible and will keep watching for any news regarding a new breath test method in New Jersey.

Find out how an Experienced New Jersey DUI Defense Attorney can Help You

At the Law Office of Robert E. DePersia, II, we represent the rights of drivers facing charges of DUI and many other violations. Criminal defense lawyer Robert DePersia develops a unique and individualized defense in each case, so please contact our office today to discuss your situation.

Criminal

5 Reasons it May Be Time to Hire a Defense Attorney

If you have been charged with a drug offense or any other type of crime, you may wonder whether you should try to handle your case on your own or hire a criminal defense lawyer. The following are only five of many reasons why hiring an attorney is a wise idea:

  1. A criminal defense attorney can protect your rights with law enforcement. If you have been arrested, police will often try to interrogate you to obtain a confession or more information regarding accomplices and other potential offenses. You have a right to an attorney during this interrogation and you should always invoke that right. Police can use many tactics to get you to say things against your own interest and a criminal defense lawyer can represent you in all communications to protect your interests.
  1. A lawyer can begin handling your criminal case immediately. In many drug cases, witness memories can fade and evidence can disappear quickly. The sooner your defense attorney begins gathering and/or preserving evidence to challenge the prosecutor’s case, the stronger your defense may be. For this reason, hiring an attorney should be one of the first steps you take following an arrest.
  1. An experienced drug defense attorney will understand NJ drug laws. New Jersey drug laws are complicated and the charges and penalties you face will depend on many factors including the type of drug involved, the amount of alleged drugs, the specific offense of which you are accused, and more. An attorney who thoroughly understands drug laws in NJ can identify whether your drug charges are wrongful or inappropriate for your situation.
  1. An attorney will represent you in court. Once drug charges are issued, your case will progress quickly and you will have to appear in court several times. Court hearings can be intimidating and confusing and an experienced criminal defense lawyer will represent you before a judge and in communications with prosecutors so that you will never feel alone or unsure in these situations. If you choose to go to trial to fight your drug charges, your attorney will represent you before the judge and jury.
  1. A skilled attorney can identify possible ways to defend against your drug charges. The possible legal defenses available in drug cases vary depending on the circumstances. Through evaluation and investigation, your attorney will be able to identify which defenses will apply in your case to either negotiate a plea deal, have your case dismissed, or to defend you at trial.

Call for a Free Consultation with a New Jersey Criminal Defense Attorney

In short, hiring an attorney to defend against criminal charges can significantly help you and the outcome of your case in many different ways. If you have been arrested, do not delay in calling the Law Office of Robert E. DePersia, II at 856-795-9688 for a free consultation today.

DWI, Uncategorized

Benefits of Hiring a License Suspension Lawyer

Most of us rely on our driver’s licenses for many reasons including earning a living, attending school, and attending many other important obligations. If the New Jersey Motor Vehicle Commission (MVC) suspends your license for any reason, you could experience significant interruptions in your life. Fortunately, hiring an experienced license suspension defense attorney in NJ can be very beneficial. The following are only some of the benefits of having a skilled lawyer handle your case:

Court procedures can be complex – Municipal court procedures and rules in New Jersey can be confusing and complicated if you have no experience with the court system. An attorney who regularly handles license suspension cases will be familiar with these procedures and will navigate the courts on your behalf.

You may have additional legal issues – Suspension of your license can happen for a wide variety of reasons, including (but not limited to):

  • Driving while intoxicated (DWI)
  • Reckless driving
  • Not having auto insurance
  • Accruing too many points on your license
  • Not paying child support
  • Not showing up for traffic court

An experienced attorney can often handle any additional tickets or legal matters that you face in conjunction with your suspension or can refer you to someone who can.

You cannot afford to go without a license – Many people need their driver’s license to earn a living and cannot afford the professional repercussions of a suspended license. If you simply continue driving while suspended to get to work and you get caught by law enforcement, you risk very serious consequences including an arrest, costly fines, and a potential extension of your license suspension. Instead, you should hire an attorney to properly reinstate your license so that you can continue to drive legally.

Greater sense of certainty – If your license has been suspended, you are likely unsure of what is going to happen in your case or how to get your license reinstated. If you are driving while suspended, you likely live in constant fear of an encounter with police on the road. Instead of living in a state of uncertainty, hiring an attorney to handle your case can assure you that progress is being made and can give you a greater peace of mind.

Call a New Jersey License Defense Attorney for a Free Consultation Today

If your license has been suspended or if you have been caught driving while suspended, your very first step should be setting up a free consultation with an experienced criminal defense lawyer. Please feel free to contact the Law Office of Robert E. DePersia, II at 856-795-9688 as soon as possible so that we can begin helping you.

DWI

15 DWI Facts You Need to Know

If you have never faced a DWI charge before, the process can be intimidating and stressful. The following are some important DWI facts that can be helpful for drivers in New Jersey:

  1. You should always pull over when a police officer signals you to do so. If you try to outrun the police to avoid a DWI, you will likely end up facing more serious charges.
  2. You can refuse to submit a breath sample to test your blood alcohol content (BAC), however, refusal will result in a license suspension under New Jersey’s implied consent law. A DWI attorney can handle you refusal case as well as your DWI case.
  3. Field sobriety tests must be administered in accordance with strict guidelines in order for the results to be accurate. Your lawyer can use improper FSTs as part of your defense.
  4. Your DWI attorney can also challenge the results of a breath or blood test if certain circumstances existed, if officers did not follow protocol, or if the lab made errors in analyzing the samples.
  5. DWI cases in New Jersey are handled in the https://www.judiciary.state.nj.us/mcs/ municipal courts, so you should always have a DWI attorney who understands these court procedures.
  6. You are under no obligation to plead guilty to DWI charges and you can fight against the allegations at trial if you choose.
  7. The penalties for DWI conviction can vary depending on whether you have prior DWI convictions, the level of your BAC, whether you caused an accident or injuries, and other factors.
  8. DWI conviction will result in a license suspension of at least three months for a first offense and NJ has no probationary license available for restricted driving privileges to work or school.
  9. While many DWI convictions result in fines and probation, the municipal judge has the discretion to sentence you to up to 30 days in jail for a first offense (or more for subsequent offenses).
  10. Your attorney can file several motions with the court prior to your court date to challenge the charges against you based on lack of evidence or violation of your rights.
  11. Your attorney can challenge the arresting officer’s testimony against you by identifying inconsistent statements or uncertainties on cross-examination.
  12. A defense attorney can negotiate with the prosecutor in your case to potentially have your charge reduced to a “wet reckless” or even a lesser charge so that a DWI conviction does not appear on your record.
  13. The consequences for DWI greatly increase with multiple convictions within 10 years, as does the necessity of having a highly skilled attorney.
  14. DWI representation can be affordable and can greatly improve the outcome of your case in many different ways.
  15. DWI defense attorney Robert E. DePersia, II offers free consultations for anyone facing a DWI or other criminal charges.

If you have been arrested on suspicion of DWI, call a NJ DWI defense lawyer for a free consultation as soon as possible. Contact the Law Office of Robert E. DePersia, II at 856-795-9688 today.

Criminal, DWI

NJ Law on Underage Drinking

Some of the most underestimated laws in New Jersey are those that deal with the consumption of alcohol by minors. Because it is frequently broken, it is sometimes not thought to be as serious as other types of crimes, but there are steep fines and penalties that can be associated with those who provide alcohol to minors or otherwise aid in their doing so. There are several major underage drinking statues in NJ, here’s what you need to know about each.

Drinking Underage: For a young person under the age of 21 who is found to have been purchasing, possessing or consuming alcoholic beverages can be charged with a disorderly persons offense. With this comes a fine of at least up to $500, and if it takes place in a car, the individual will have his or her driving privileges taken away for six months as well. This includes any drinking that takes place in a public area or school.

Supplying Alcohol to Minors: If someone is of legal age to purchase alcohol, but they do so with the intention of providing it to someone who is underage, they can land themselves in a lot of legal hot water. They can also be fined from between $500 to up to $1,000 and have to serve up to six months in jail. They will also face a mandatory suspension of a driver’s license for six months. So before you go out trying to help your teenage brother throw a house party, or want to be the cool uncle—think again about the consequences you will face legally on your own outside of any damage that may be done in the process to the person you are claiming to want to help.

Additional Statutes: There are multiple municipal ordinances in New Jersey which also deal with underage drinking. Some of these include making it illegal to even enter into a bar or liquor store with the intention of purchasing alcohol. It is illegal in certain ways both for underage people to be drinking in public spaces as well as in private residences and private property.

Reasons for these laws: While it may seem strict to many, there are multiple reasons why the possession and consumption of alcohol is illegal in New Jersey. These include the high frequency of drunk driving crashes involving teenagers too young to know better, as well as the extreme dangers of binge drinking and alcohol poisoning.

Knowing your options: There are several key defenses that can be used when dealing with underage possession or consumption of alcohol, as well as for those charged with supplying the alcohol to an underage companion. While these offenses can theoretically be argued against individually, judges will give more consideration to those represented by an experienced attorney. I can also provide you with expert counsel about the law and your connection to it, as well as advise on your rights and how to approach the case moving forward as a whole. For a free consultation, call me, Robert DePersia today at 856-795-9688.

Criminal

Knockout Game and Criminal Charges

A dangerous new ‘game’ that’s sweeping the state has lawmakers up in arms about prosecution for those who play. Known on the internet and in certain circles as the ‘knockout game’, this craze involves perpetrators speaking to unsuspecting bystanders while being filmed by a third party. The individual speaking to the pedestrian is egged on to knock him out, and he throws a punch to lay the uninvolved party out cold on the ground.

It’s not clear what exactly makes this gruesome pastime fun, and law enforcement is starting to get serious about prosecuting anyone found to be involved in playing. Viral videos are being shown of assaults throughout the country, including one brutal assault recently in Paterson, NJ. It was uploaded to social media and shared widely—a stark departure from the days when assailants tried to hide from security cameras and get away without being seen. There is a layer of notoriety attached to the knockout videos going viral that seems to attract the perpetrators, and will generally be helpful to police as they attempt to track down those seen in the widely available footage.

News of the knockout game’s popularity has spread to NJ lawmakers, who are taking it very seriously. State Senator Tom Kean introduced a bill in December 2013 which would very specifically criminalize it. The text of the bill defines the action they hope to pinpoint as the third parties involved in the assault, mainly those who help spread it throughout social media and initially film the altercation. The bill hopes to “criminalize the recording, sharing, distribution, and publishing of assaults” which take place as a result of the violent knockout game.

For the case taking place in Paterson, police director Jerry Speziale released his own video announcing that he was vetting the footage for final details about who the assailants were and the location of the assault itself. As in the nature of stories that unfold over social media, there have been numerous claims by other Facebook users who professed to know who the attackers were, but the police have not yet released any names in conjunction with this criminal case. It may yet spur on types of vigilante and community sourced accusations, which can be dangerous if unfounded.

While the knockout game is certainly drawing attention as a dangerous new fad, assaults are nothing new and always nothing to laugh about. If you have been charged with assault, from a knockout game type incident or otherwise, you will absolutely want to work with an experienced criminal defense attorney to ensure that you have the proper representation during your case proceedings. These are charges that are taken very seriously by the prosecution and should not be underestimated. For more information about the services that I provide to my clients, as well as my excellent track record, give me a call. The law office of Robert DePersia can be reached at 856-795-9688, and I would be happy to give you a free consultation.

Criminal, DWI

Good News for Shortened Expungement Periods

For those in New Jersey with a criminal conviction who are waiting to get their arrest expunged from their record, the expungement process just got a whole lot quicker. A bill to shorten the waiting period was recently signed into law by governor Chris Christie, and it will take effect within 90 days of signing. This opens up many doors for individuals convicted of crimes in the state to move forward with their lives and once again become productive members of society.

What Expungement Means: Expungement is a great part of our legal system which helps you to get your life back after a criminal conviction. It is intended to help someone along the path to rehabilitation after a conviction, and prevents what was potentially one mistake from ruining the rest of your life. Under NJ law, you have the potential option to get your conviction or arrest expunged, or cleared off of your record, by the superior court.

You’ll need to apply to the court in the county where you were convicted, who will then rule on whether or not your conviction or arrest should be expunged. If they rule in your favor, the arrest will be wiped off of your public record and it will essentially no longer exist. This will help you immensely when you go to apply for a job or housing situation, as well as remove the personal and social stigma that goes along with having a conviction on your record.

Waiting times for Expungement: Prior to the new law signed into place by Christie, there was a ten year waiting period for any felony-level expungement. This has now been cut in half to just five years, still a substantial amount of time but much better than it had been previously. For the expungement of a disorderly persons offense or a petty disorderly person offense, the waiting period will be cut from five years to three years. These lesser offenses include everything from shoplifting to the simple possession of marijuana.

The New Legislation: New Jersey lawmakers know that one arrest or conviction shouldn’t ruin you for life. Co-sponsor of the bill Assemblywoman L. Grace Spencer has noted that the shortening of expungement application waiting periods will help to restore essential rights to NJ citizens, including finding proper housing, employment, and educational loans. All of these rights put together can make quite the difference for someone who is looking to get back on their feet after an arrest and rejoin society in a productive way.

Applying for Expungement. If you are looking to apply for an expungement, there is a process you will need to complete with your attorney. If you are looking for an experienced and successful legal professional to represent you through this process, look no further. I am one of the top defense attorneys in the state and can provide you with expert counsel in your expungement case. For a free consultation about my services and how they can work for you, call me, Robert E. Depersia, today. I can be reached by phone at 856-795-9688 and look forward to working with you soon.