All posts by Robert E. DePersia, II

Criminal

Possession with Intent

Under federal and state law, individuals found with an illegal drug will face charges of possession of a controlled dangerous substance (CDS), which is punishable by fines and imprisonment. The crime becomes mores serious and the penalties are more severe when the drugs in possession are with the intent to distribute. To be convicted of possession with intent to distribute three elements must be satisfied.

Possession

First, the prosecution must prove that the defendant was in possession of a controlled dangerous substance. A CDS is any “drug, substance, or immediate precursor in Schedules I through V.” In New Jersey, almost all illegal drugs are considered CDSs, including prescription medications. Tobacco and alcohol are two of the only drugs exempt.

To fulfill the possession requirement, the individual must have knowingly obtained or received the drug or knew of the presence of the controlled substance. In several court cases, the “knowledge” requirement has expanded to “should have known,” which has made it easier fulfill the possession element.

Intent to Distribute

New Jersey defines “distribute” as the act of transferring a controlled substance from one party to another. Drugs do not have to be sold in order for it to constitute as distributed. The prosecution must prove the defendant distributed or planned to distribute the CDS. This means that an individual can face charges even if they only planned to give them to someone else.

If a police officer did not witness the distribution, the quantity of drugs, packaging materials, sums of money, and other drug paraphernalia will be used to determine if the drugs were going to be distributed. If an individual is found with an amount only enough for personal use, they most likely didn’t have intent to distribute and will only be charged with possession of a controlled dangerous substance.

Possession with Intent to Distribute

Possession with intent to distribute has only occurred if the possession and intent to distribute elements happened simultaneously. An individual cannot be charged with possession with intent to distribute if they are planning on selling drugs but do not have them in their possession yet.

Penalties

The penalties vary according to the CDS and increased depending on the quantity in possession. In addition to the possible jail time and hefty fines, a drug conviction can have a significant impact on your life. Additionally, the location of the offense can also cause the penalties to enhanced, i.e.: within 100 feet of school or public park.

If you have been charged with a drug crime, it important to protect your rights and freedom by hiring an experienced defense attorney. I, Robert E. DePersia, will investigate all aspects of your case to determine if the state has met all the requirements needed for a possession with intent charge. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. For a consultation, call The Law Office of Robert E. DePersia, II today at (856) 795-9688.

Criminal

Marijuana-From Possession to Penalties

In the State of New Jersey, it is a crime to knowingly or intentionally possess marijuana. Even insignificant amounts are considered an offense. The penalties vary according to the amount in possession.

Possession of Under 50 Grams

In New Jersey, a simple possession (without intent to sell) of less than 50 grams of marijuana is a disorderly persons offense. When found with marijuana, no amount is too small to avoid arrest—even trace amounts constitute possession of less than 50 grams. Even an individual with a pipe containing no marijuana, only residue will face charges not only for drug paraphernalia, but also for possession of marijuana.

Possession of less than 50 gram is a disorderly persons offense that can result in penalties of up to $1,000 in fines and up to 6 months in jail. Second and subsequent offenders may be subject to more severe consequences. New Jersey allows first time offenders to avoid jail time by participating in the Conditional Discharge diversionary program. Those eligible for the program will be put on probation, which requires them to remain drug-free and arrest-free for a determined period. If the probation is completed without any violations, the original charges will be dismissed.  However, if the defendant fails to comply with the regulations of the probation, the conditional discharge will be terminated and the original charges will proceed to court for prosecution.

Possession of 50 Grams or More

As the amount of marijuana in possession increases, the penalties and charges increase as well. In New Jersey, possession of 50 grams or more of marijuana is considered a 4th degree crime. Unlike a disorderly persons offense, a 4th degree crime is an indictable offense and must be addressed in the supreme court. A conviction of possession of 50 grams of marijuana or more carries penalties of up to $25,000 in fines and a sentence of up to 18 months in a New Jersey state prison.

If you have been charged with possession, you need legal representation to help minimize and possibly eliminate the penalties. In almost all circumstances, police find marijuana on a person through a search. As your attorney I, Robert E. DePersia, II, will determine if the police followed the correct procedures for the search. Any evidence gained through an improper search cannot be used against you in court. To find out how I can help you or if you have any questions, call The Law Office of Robert E. DePersia, II today at (856) 795-9688.

Criminal

The First Step to a Fresh Start

There are several points in your life where you will be asked the question: “have you ever been arrested or convicted of a crime.”  If you have a criminal record, it can be unnerving to hear those words. However, an expungement will allow you to legally answer “no” when asked this question.

New Jersey offers a fresh start for those with prior arrests or criminal records through a process called expungement. It is the process of isolation and removal of criminal related records, including arrests and convictions. Expunged records aren’t destroyed, but they will be segregated from background checks, so you will no longer have to suffer the consequences of your past.

Eligibility

Under New Jersey law, certain convictions cannot be expunged. Criminal homicide, DUI/DWI, kidnapping, and other serious crimes are ineligible.

There is no waiting period for arrests with no conviction and can be expunged immediately. Disorderly persons offenses require a waiting period of 5 years. Indictable offenses take the longest; in most circumstances the waiting period is 10 years.

Exceptions

There are always exceptions to the rules. In the State of New Jersey, expungements don’t apply for people applying for a job in a law enforcement agency or a judicial branch of government. Expunged records will be revealed for anyone who has expunged a previous conditional discharge.

Convictions, even from several years ago, can lead to loss of opportunities and reputation. Once an expungement is complete, all records of your past arrests and convictions will vanish from data banks used for background checks. Don’t let your past continue to hold you back. The Law Office of Robert E. DePersia, II can quickly process the paperwork needed for an expungement so you can get fresh start as soon as possible. Call me, Robert E. DePersia, today for a consultation. (856) 795-9688

DWI

Basics of DWI In New Jersey

New Jersey has strict penalties and laws for driving while intoxicated, or more commonly referred to as DWI. When you make the decision to drink and drive, you risk the safety of yourself others on the road, as well as your freedom, finances, and future.

Drinking and Driving Laws

It is illegal to operate a motor vehicle if your blood alcohol content (BAC) is over the legal limit of .08%. A BAC of .08% or above is used throughout the United States as the standard for “legally impaired.” There are lower limits for drivers under the age of 21 and drivers of commercial vehicles.

21 or older .08%
Under 21 .00%
Commercial Vehicle Drivers .04%

Penalties

In the State of New Jersey, all drunk driving convictions result in a mandatory license suspension and require participation in the Intoxicated Driver Resource Center (IDRC) program for 12-48 hours. Once enrolled in the IDRC, the program will advise if any additional obligations will be assessed. The severity of the penalties following a DWI conviction depends on a variety of factors.

First Offense:
• $250-$500 fine
• Up to 30 days jail time
• 3 months to 1 year suspended license
• Possible installation of Ignition Interlock Device

Second Offense:
• $500-$1,000 fine
• 90 days jail time
• 30 days community service
• 2 years suspended license
• Installation of Ignition Interlock Device

Subsequent Offenses:
• $1,000 fine
• 180 days jail time
• Attend IDRC
• 10 years suspended license
• Installation of Ignition Interlock Device

The Ignition Interlock Device is installed in the offender’s primary vehicle during the term of suspension and for 1 to 3 years following restoration. The device requires a breath sample prior to the car starting to prevent drivers from driving if their BAC is over a specified level. There is also a monthly maintenance fee required for the device which on average will cost about $75.

Refusal to Take a Chemical Test

If you are asked to take a Breathalyzer test and refuse, you will be subject to additional penalties and charges.

First offense:
• 7 months to a year license suspension
• $300-$500 Fine
• Installation of Ignition Interlock Device

Second offense:
• 2 years license suspension
• $500-$1,000 fine
• Installation of Ignition Interlock Device

Subsequent offenses:
• 10 years license suspension
• $1,000 fine
• Installation of Ignition Interlock Device

Please remember that the above noted potential penalties are those imposed by the municipal court at the time of the conviction. The State of New Jersey will also impose surcharges of $1,000 a year for three years for each conviction of DWI or refusal.

New Jersey’s strict laws and penalties regarding operating a motor vehicle while intoxicated can result in lengthy jail time, extensive fines, and loss of driving privileges. You need an experienced DWI attorney that is able to determine the best defense that will minimize penalties and obtain the best results. Attorney Robert E. DePersia has over 25 years of experience in DWI defense and has been successful in the thousands of cases he has handled. If you have been charged with DWI, call Robert E. DePersia today at (856) 795-9688.