New Developments in Expungement Laws re: Drug Court

September 12, 2017 · Posted in Blog, Expungement Blog 

RECENT DEVELOPMENTS IN EXPUNGEMENT LAW REGARDING DRUG COURT MATTERS AND OTHER DRUG OFFENSES

Several years ago, New Jersey instituted a program known as Drug Court. The rules governing this program are now defined in one of the New Jersey laws, N.J.S.A. 2C:35-14. Through this program, persons who commit certain types of crimes as a result of drug or alcohol addiction are allowed to participate in an approach that focuses not on punishments such as prison/jail time, but instead focuses on helping them recover from addiction and lead productive lives. The offenses eligible for Drug Court program include not just basic drug offenses such as possession and distribution, but also crimes that persons often commit due to addition, such as theft of money to buy drugs or alcohol. Read More »

Removal From Sex Offenders List – Additional Offenses

May 30, 2017 · Posted in Blog, Criminal Law Blog 

DOES COMMISSION OF ANY OFFENSE BAR REMOVAL FROM MEGAN’S LAW SEX OFFENDER REGISTRATION UNDER 2C:7-2(f) AFTER 15 YEARS OR DOES THIS ONLY APPLY TO COMMISSION OF ADDITIONAL SEX OFFENSES?

A very competent and thorough NY attorney recently approached us with an interesting question. He had a client on the N.J. Registry and on the NY Registry for Megan Law Sex Offenses. He wanted to apply in NY to have his risk level reduced from 2 down to 1 however, thought it would be helpful to have him first removed from the NJ Registry as more then 15 years had passed. However, the client had became homeless for a short period of time and failed to register and was convicted in 2011 in NY for failure to register. The issue was whether the term “offense” in 2C:7-2(f) mean another “sex offense” or any “offense.” Read More »

Name Change for Client on Work Visa – DMV / SAVE

March 13, 2017 · Posted in Blog, Name Change Blog 

Client from India who is Legal Resident on work visa cannot renew NJ Driver’s License because the name on the Federal SAVE (Systematic Alien Verification for Entitlements Program Database System) and the Department of Motor Vehicles do not match.

Our firm was recently hired to help a citizen of India here on a work visa renew his NJ Driver’s License.  The problem arose because the federal Systematic Alien Verification for Entitlements Program Database System (SAVE) has a programming error.  Due to the way the name appears on a passport from India, the SAVE database merges the person’s first and middle name into a single first name. The SAVE database is a component of the Department of Homeland Security that was created “as a fast, secure and efficient verification service for federal, state and local benefit-granting agencies to verify a benefit applicant’s immigration status or naturalized/derived citizenship.” Read More »

Restraining Orders: Proving Intent to Harass

December 13, 2016 · Posted in Blog, Criminal Law Blog 

New Jersey Restraining Orders: Proving Intent to Harass

If you are the defendant in a restraining order case who is being charged with harassment, it is vital that you contact an experienced New Jersey restraining order attorney to discuss your case. The criminal charge of harassment is quite broad and nature and, as a result, is often alleged by the plaintiffs in restraining order contexts.

New Jersey case law, however, requires that the defendant have acted with an actual intent to harass in this context. Many times, the defendant’s alleged harassing conduct was not done with an actual intent to harass the plaintiff, but instead was done for some other reason. As such, the plaintiff’s failure to prove that the defendant acted with an intent to harass can be a winning defense in many of these cases. Read More »

DWI vs DUI in New Jersey

December 8, 2016 · Posted in Blog, DWI / DUI Blog 

New Jersey DWI/DUI FAQs

The DWI attorneys at the Law Office of Randolph H. Wolf have been representing defendants charged with DWI/DUI for over more than 25 years. We know not only the law, but also how the system works and we use our knowledge and experience to help protect your rights and fight for you to achieve the best possible outcome.

The following are some of the most commonly asked DWI questions.  Read More »

Restraining Orders for Out of State Defendants

November 26, 2016 · Posted in Blog, Criminal Law Blog 

NJ Restraining Orders: Do New Jersey Courts Have Personal Jurisdiction Over an Out-of-State Defendant? 

Often times, victims of domestic violence flee their home state in order to escape the violence of their alleged perpetrators.  In these instances, the State of New Jersey does protect victims of domestic violence who come to New Jersey looking for refuge from their alleged abusers.  In this regard, New Jersey’sPrevention of Domestic Violence Act, N.J.S.A. § 2C:25-17 to -35, permits fleeing victims of domestic violence to file for a protective order in a place where the plaintiff resides or is sheltered at the time of the filing.  See N.J.S.A. § 2C:25-28 (“[A] plaintiff may apply for relief under this section in a court having jurisdiction over the place where the alleged act of domestic violence occurred, where the defendant resides, or where the plaintiff resides or is sheltered.”)  Read More »

New Jersey Bail Reform

November 16, 2016 · Posted in Blog, Criminal Law Blog 

New Jersey Bail Reform – Major Changes Effective January 1, 2017

On January 1, 2017, substantial changes to the processing of criminal cases in New Jersey will go into effect. Although the changes made under New Jersey’s criminal law reform will affect almost all aspects of a New Jersey criminal case, the focus in particular will be on the following two areas of criminal law in New Jersey: (1) pretrial release and bail; and (2) the right to a speedy trial. Read More »

Out of State DWI Convictions May Count Towards Priors

October 4, 2016 · Posted in Blog, DWI / DUI Blog 

Out of State DWI Convictions May Count Towards Priors When Charged with Violating N.J.S.A.2C:10-26 (Fourth Degree Operating a Motor Vehicle During a DWI Suspension)

Just recently, in State v. Luzhak, the New Jersey Appellate Division construed N.J.S.A. 2C:40-26, fourth degree operating a motor vehicle during a license suspension stemming from DWI, to apply to DWI convictions from anywhere in the United States. In that case, the defendant, who had two prior DWI convictions, one from 2013 in Maryland and the other from 2010 in New Jersey, was issued a motor vehicle summons in Woodbridge for driving with a suspended license in violation of N.J.S.A. 39:3-40. Read More »

NJ Police Sgt. Suspended – 20,000 DWI’s May be Eligible to be Re-Opened

September 20, 2016 · Posted in Blog, Criminal Law Blog 

On September 19, 2016, it was released that State Police Sgt. Marc Dennis, a former coordinator in the State Police’s Alcohol Drug Testing Unit (“ADTU”), has been suspended pending an investigation into his calibration of Alcotest instruments. Sgt. Dennis was responsible for the calibration of Alcotest 7110 MKIII-C units in Middlesex, Monmouth, Ocean, Somerset, and Union Counties.

Specifically, the State is alleging that Sgt. Dennis failed to use the proper thermometer to test the simulator solutions prior to starting the calibration of the Alcotest 7110 MKIII-C units. This step is necessary under the Supreme Court’s decision in which set forth the necessary steps the State Police must undertake to properly calibrate the Alcotest instrument. Read More »

Early Expungement of Disorderly Persons Theft Conviction Granted

July 19, 2016 · Posted in Blog, Criminal Law Blog 
In April of 2016, the expungement statute was broadened to provide for the “early pathway” expungement of disorderly persons (or misdemeanor) convictions in New Jersey.  While an early pathway expungement had previously been available for felony convictions prior to April of 2016 (making applicants eligible for expungement of their felony convictions five years after completion of their sentence, as opposed to the standard ten year waiting period), a similar provision was not available with respect to the early expungement of disorderly persons convictions.
Under the new expungement law, however, pursuant to N.J.S.A. 2C:52-3(b)(2), an early pathway expungement for disorderly persons convictions is now available.  Although the standard waiting period to expunge a disorderly persons conviction remains five years, you can now apply under the new law for expungement of a disorderly persons or petty disorderly persons offense after only three years –  so long as certain conditions are met.

Read More »

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