Glove Box Defense – What is it and When to Use it

September 22, 2018 · Posted in Blog, DWI / DUI Blog 

A sometimes useful defense for DWI and DUIs is known as the “glove box” defense. The glove box defense comes into play when the motor vehicle is pulled over on the side of the road or parked somewhere. It also helps if drugs, alcohol, or empty bottles or packaging are found in or around the vehicle. One of the key elements that the State has to prove to convict a person of a DWI or DUI is that they were intoxicated or under the influence of drugs at the time they operated the motor vehicle or that they then had an intention to operate the vehicle. The glove box defense is saying “Yes, I may have been under the influence, but, it is plausible that I drove to the location you found me perfectly sober and drank the alcohol or taken the drugs while I was sitting here, and I was just going to take a nap. I did not have any intention of operating a motor vehicle at this time.” Read More »

NEW CHANGES TO NEW JERSEY EXPUNGEMENTS OF INDICTABLE OFFENSES (CRIMES/FELONIES)

September 1, 2018 · Posted in Blog, Expungement Blog 

The New Jersey Legislature in its major overhaul of the NJ Expungement Law effective October 1, 2018 has made  major changes to this statue which deals with indictable convictions (felonies) They can be summarized as follows:

The time period necessary to obtain an expungement has been reduced from ten (10) years to six(6)  years from the most recent conviction, payment of fine, completion probation or parole, or release from jail whichever is later. A  Fine is defined as any fine, restitution, and other court order financial assessment imposed by the court.

If the fine has been paid, but, less than 6 years have expired from the date of satisfaction, and the time requirement is otherwise satisfied, and the court finds that the petitioner complied with the payment plan or could not due so to compelling circumstances,  then the Court can grant the expungement even though the 6 years have not run. Compelling circumstances are determined by considering the amount of the fine or fines imposed, the person’s age at the time of conviction, the person’s financial condition, and other relevant information regarding the person’s ability to pay.   Read More »

NJ May Soon Eliminate DMV Surcharges, Institute Restricted Licenses

August 24, 2018 · Posted in Blog, License / Insurance Blog, Traffic Law Blog 

by Amanda F. Wolf, Esq.*

As attorneys handling DWI and other Motor Vehicle matters, the most common question we get is whether New Jersey has any kind of work license or restricted license program for people who have their license suspended by a Court for such matters as DWIs or by the Division of Motor Vehicles for getting too many points or for driving during a suspension period.  We also receive numerous calls asking how to get rid of NJ MVC Surcharges or if there is a way to reduce them to a reasonable amount. Unfortunately, the current answer to all of these questions is “No.” New Jersey currently has no program for issuing restricted or work licenses and the only way to get out of paying surcharges is to file for bankruptcy. However, there have been several recent pushes, both by the NJ Supreme Court and the State Legislature which may have a positive impact on creating change. Read More »

2C:52-5: Expungement of Records of Young Drug Offenders

August 20, 2018 · Posted in Blog, Expungement Blog 

This provision of the Expungement Statute was adopted in 1979 in order to permit young drug offenders to have their records expunged without waiting the full time period (then 10 years) required for older adults.  Its permits expungement after one (1) year. On October 1, 2018 the current law concerning this statue will change to make more Young Drug Offenders eligible to have their records expunged. This change in the statute ispart of the new legislation which broadens the availability of expungements to increase the ability of New Jersey residents to obtain employment.  The Petitioner will still have to meet the all of the following requirements: Read More »

Expunging Disorderly Persons Offenses in NJ

August 16, 2018 · Posted in Blog, Expungement Blog 

On October 1, 2018 the current law concerning this statue will change to make more Petitioner’s eligible to have their records expunged. This section of the new Expungement Statute deals only with persons who have never had a conviction for a crime, which in New Jersey is an  indictable (felony) offense. If you have had an indictable conviction you are not eligible under this section, but, you may be eligible under 2C:52-2.

The new statute permits expungement for 3 classes of people:

  1. The person has  been convicted under the laws of  New Jersey or any other State on the same or separate occasions of no more than four (4)  disorderly persons offenses, no more than four (4)  petty disorderly persons offenses, or a combination of no more than four (4) disorderly persons and petty disorderly persons offenses. 
  2.   The person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses in New Jersey (or a combination of both), which convictions were entered on the same day, and does not otherwise have any prior or subsequent conviction for another offense in addition to those convictions included in the expungement application. 
  3. The person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses in New Jersey (or a combination of both) which were interdependent or closely related in circumstances and which were committed as part of a sequence of events that took place within a short period of time, regardless of the date of conviction or sentencing for each offense, and the person does not otherwise have any prior or subsequent conviction for another offense in addition to those included in the expungement application (whether in New Jersey or another state).  

Part 1 of the new section allows a person can now have a total of four (4) disorderly persons or petty disorderly persons  offenses expunged. This is an expansion of the previously allowed three (3). Read More »

PTI will no longer bar Expungement of Conviction for Indictable Crime in New Jersey

August 10, 2018 · Posted in Blog, Expungement Blog 

The new Expungement Law Amendments that become effective on October 1, 2018 will benefit clients who thought they would never be able to expunge their criminal convictions. People who have completed Pre-Trial Intervention (PTI) will finally have the chance to expunge their entire criminal records.

Currently, under N.J.S.A 2C:52-14(f), an expungement petition will be denied when “a person seeking the relief of the expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense prior to or subsequent to said conviction has been granted the dismissal of criminal charges following completion of a supervisory treatment or other
diversionary program.”

This means that that once you had a criminal arrest dismissed by way of completion of PTI, you could not expunge an earlier conviction for an Indictable crime even if it was a 4th or 3rd degree crime that would ordinarily be able to be expunged.

In the new Statute, N.J.S.A 2C:52-14(f) has been deleted by amendment, P.L. 2017,c.244. This will give persons the chance to have their criminal convictions for some indictable offenses (felonies) expunged along with their PTI arrest, and in many cases will result in the complete clearing of a criminal record. This will mean that you will be able to legally say to most employers that you have never been arrested or convicted of a crime. It may even be possible to re-open or re-file expungements for individuals who previously had part of their record expunged under the old law. Please contact the Law Offices of Randolph H. Wolf at 732-741-4448 or email us at Info@RandolphWolf.com for more information and to see whether you can benefit from the upcoming changes in the law.

Pre-Trial Intervention will no longer bar Expungement of Disorderly Persons Offenses

August 5, 2018 · Posted in Blog, Expungement Blog 

Major changes are coming to New Jersey Expungement procedures when the new Expungement Law Amendments become effective on October 1, 2018. Individuals who have completed Pre-Trial Intervention (PTI) will finally have the chance to expunge their entire criminal records.

Currently, under N.J.S.A 2C:52-14(f), an expungement petition will be denied when “ a person seeking the relief of the expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense prior to or subsequent to said conviction has been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversionary program.” As a practical matter what this translated to is that once a client had successfully completed PTI, he or she could only expunge the PTI arrest itself along with Boro Ordinance or Juvenile convictions. Disorderly Persons convictions could not also be expunged.

In the new Amendments, N.J.S.A 2C:52-14(f) has been deleted by amendment, P.L. 2017, c.244. This will give petitioners the chance to have their disorderly person or petty disorderly persons offenses expunged along with their PTI arrest, and in many cases will result in our clients being able to completely expunge their entire criminal history and get a fresh start. It may even be possible to file new expungement petitions for individuals who had a PTI arrest expunged and have Disorderly Persons Offenses left on their record under the old law. Please contact the Law Offices of Randolph H. Wolf at 732-741-4448 or email us at Info@RandolphWolf.com for more information and to see how the changes in the law may effect you personally.

New Marijuana Decriminalization Policy

August 2, 2018 · Posted in Blog, Criminal Law Blog 

The New Jersey Attorney General, Gurbir S. Grewal, issued a memorandum on July 24, 2018 to all municipal prosecutors. This memorandum directs all municipal and county prosecutors to seek adjournments on marijuana related offenses until after September 4, 2018.

This directive comes after the Chief Municipal Prosecutor for Jersey City, Jake Hudnut, issued a memorandum, which the Attorney General has deemed unconstitutional, titled “New Marijuana Decriminalization Policy.” It has been understood that the Jersey City Memorandum, was creating a charge likened to a traffic ticket, where the possession of marijuana would be punished with a fine and no criminal record. The Attorney General has convened a working group to determine guidelines which should be set for the prosecution of marijuana charges in New Jersey going forward.

It has been anticipated since the inauguration of Governor Murphy, that New Jersey would be legalizing marijuana. This working group could be the beginning of the end for the criminalization of marijuana possession in New Jersey. While it is still unclear what Attorney General Grewal intends to do, it is known that he had discussions with the Chief Municipal Prosecutor for Jersey City regarding decriminalization and this working group is going to address the concerns raised during those discussions. Governor Murphy has expressed his position is that marijuana should become legalized and taxed, rather than decriminalized.

We have had several cases postponed on the basis of this memorandum and are hopeful that we can eventually obtain complete dismissals of marijuana possession cases that are currently pending but have not been resolved. Please contact the Law Offices of Randolph H. Wolf at 732-741-4448 or email us at Info@RandolphWolf.com for more information.

Law firm obtains Expungement for Indictable Offense

April 1, 2018 · Posted in Blog, Expungement Blog 

 … and then files Second Expungement for a Borough Ordinance

The 2016 Amendments to the Expungement Statutes created an interesting issue that is just now being addressed. Prior to 2016, if an expungement was granted for an Indictable Criminal Offense (a felony), no other convictions of any type could be expunged. The 2016 Amendments permitted the Expungement of the Indictable Offense and up to two Disorderly Persons of Petty Disorderly Persons Offenses. However, the Legislature did not mention convictions for Borough Ordinances in this section. The probably unintended result of this is that Disorderly Persons Offense convictions can be expunged along with an Indictable Offense while a Municipal Ordinance conviction cannot. Read More »

2017 Changes to the Expungement Statute

January 4, 2018 · Posted in Blog, Expungement Blog 

On December 20, 2017 Governor Christie signed into effect the following bills to further help people with Criminal Convictions. These two new bills will have a tremendous impact on the N.J.S.A. 2C:52 expungement statue.

Senate Bill 3307: Shortens Expungement Waiting time for Adult Convictions

Under the current expungement statue, N.J.S.A. 2C:52-2, a petitioner may apply for an expungement 10 year from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

Change: In the bill Governor Christie signed a petitioner may apply for an expungement 6 year from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

Public Interest Expungements:

Under this new bill a Petitioner is still allowed to apply for an “public interest” expungement after 5 years have elapsed.  However, there is an effect on marijuana convictions that bears noting.   Read More »

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