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Eluding police is specific form of resisting arrest that can lead to criminal charges.If you are facing arrest, resisting the police officer will only complicate matters. It is in your best interests, and everyone’s safety interests, to cooperate even if you believe the arrest is wrongful and exercise your right to an attorney when the time comes.

New Jersey considers resisting arrest to be a serious matter as it impedes law enforcement’s efforts to perform their responsibilities. A person who resists a police officer can be charged with an indictable crime, including aggravated assault upon a law enforcement officer, depending on the particular circumstances. Those circumstances can impact both the charge and the penal consequences, which can include imprisonment.

Eluding a police officer is a very specific form of resisting arrest involving fleeing the scene in a motor vehicle, and/or failing to stop a motor vehicle upon law enforcement command. This can be charged as either a second or third degree crime and has the potential of resulting in significant prison time and suspension of a driver’s license.

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Suspect stands before judge in court for sentencing.How is it that the same crime can carry different sentences? The answer lies in the particular factual details of the case, the strength of the evidence, and additional background factors the court considers when imposing the sentence. Every case is unique.

Sentencing guidelines look to reach a balance between punitive consequences, such as incarceration, probation, fines, and rehabilitative options, which includes treatment. To achieve this, numerous factors are taken into consideration. Before sentencing, New Jersey courts review:

  • Aggravating factors – These include the gravity of harm inflicted on the victim/s, the need to deter others from violating the law, the risk of the defendant re-offending, and the defendant’s criminal history, amongst other factors.
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Women raising hand in oath with fingers crossed behind her back representing false accusations of criminal activity.False accusations are not as unusual as one may think, and they can take a heavy toll on the accused emotionally, raising feelings of anger, fear and frustration. Whether they are the result of mistaken identity, a misunderstanding, or malicious intent, false accusations are serious matters that can severely damage the accused’s reputation, relationships, and future opportunities depending on the nature of the claim.

If you find yourself falsely accused of a crime, your instinct may be to protest the claim to clear your name, but being reactive may only escalate matters. Take the accusations and their potential consequences seriously. Don’t assume that because you are innocent, the accusations will just go away.  Be prepared to take actions to protect yourself.

  • Stay calm and consider exercising your Fifth Amendment right to remain silent. Even innocent statements can be misinterpreted when taken out of context. Avoid making statements without presence of legal counsel.
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Felonies remain on criminal record until record is cleared through expungement.In New Jersey, felonies are referred to as indictable offenses, misdemeanors as disorderly persons offenses. Indictable offenses are serious crimes with penalties ranging from 18 months to life in prison. Convictions carry lifelong consequences.

  • 1st degree offenses, such as murder and armed robbery, carry penalties of 10 to 20 years or life, in prison
  • 2nd degree offenses, such as aggravated assault, carry penalties of between 5 to 10 years in prison
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Women shielding her face and holding a sign that reads "It's time to talk about it" - this firs step in reducing domestic violence incidents in NJ and the country.As the holiday season approaches, most people look forward to celebrations and feelings of good cheer. Those involved in abusive relationships, however, experience heightened tensions and fear instead.

According to some sources, there is a 20% increase in domestic violence incidents requiring police intervention during the month of December. Several stressors contribute to this uptick:

  • Financial stress associated with buying gifts and hosting holiday gatherings
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Person looking over damage to rear end of car; leaving the scene of an accident heightens potential consequencesWhen you are involved in a motor vehicle accident, it is important to remain at the scene and report the events to the appropriate authorities. In fact, you are legally required to do so. Accidents themselves are not crimes, but leaving the scene of one may subject you to criminal liability.

People sometimes leave the scene of an accident because they panic, become confused, or simply don’t realize damage or injury has occurred. But others leave to avoid facing charges associated with DWIs, driving with a suspended or invalid license, failing to have proper insurance, or having outstanding warrants.

Ordinarily, involvement in an accident will not result in criminal charges even if it is determined the accident resulted from negligence or the violation of other specific laws. Leaving the scene can compound any traffic related infractions, create criminal liability, and put you and others at increased risk of harm.

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Breathalyzer test being administered to driver suspected of a DUI.Driving under the influence of drugs or alcohol is a serious, dangerous practice not only for the offender but for their potential victims. Law enforcement agencies across the country treat it as such. While interdiction efforts and police presence are increased during certain times, particularly around holidays, patrols are always on the lookout for impaired drivers in hopes of preventing accidents before they happen.

Most people charged with a DUI may not be aware of the extent to which their judgment and reflexes have been impaired. Many may believe they are fit to operate a motor vehicle. Some make the mistake of thinking a DUI charge is just another motor vehicle violation, but it isn’t. While defendants have the right to represent themselves in court, retaining an attorney is in your best interest.

The laws pertaining to DUIs vary by state. In New Jersey, the penalties for a DUI offense depend on several factors including whether:

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Your social media posts can be searched and used as evidence if you are facing criminal charges.Many people use their social media platforms to vent, boast, share family news, and connect with friends old and new. Some use their posts to incite reactions or encourage conversation. For the most part, your posts have little impact outside of your personal circle of followers unless, that is, you are facing criminal charges. Under these circumstances, your social media posts could potentially have devastating implications.

Social media activity may be used as evidence in criminal investigations. Depending on the subject matter, they can be used to directly implicate someone in the commission of a crime or, at the very least, damage their credibility.

Law enforcement agencies can use public posts, as well as private posts with the proper warrants, as evidence in their criminal investigation. This includes status updates, photos, and videos. Even posts by other individuals in which the accused is tagged can be used as evidence. Remember, once something is on the internet, it is there forever. This means deleted posts can be recovered and, if relevant, used against you in a criminal case.

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Collateral-consequences-of-criminal-convictions-300x200It is to be expected that a person convicted of a crime will be sentenced to time in jail or prison, which may be followed by a period of parole or another form of community supervision. The convicted individual may also be ordered to pay certain financial penalties in the form of fines, court fees and/or restitution to the victims of the crime or their families. Oftentimes, however, the penalties for committing a crime don’t stop there.

Criminal convictions carry a number of collateral consequences that can significantly impact an individual’s life long after their sentence is completed. These collateral consequences are wide-ranging and can affect an individual’s efforts at rehabilitation and re-entry into society.

Criminal convictions become a part of an individual’s public record. That record is accessible by anyone, including potential employers, landlords, and others. As a result, a criminal conviction can restrict the individual’s ability to obtain employment or secure housing. Depending on the type of crime an individual is convicted of, they may also be required to register with the sex offender registry and/or parole supervision for life.

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White collar crime, depicted here by handcuffs over bundles of cash, are financially motivated offences that result in severe financial losses for individuals and businesses.Earlier this month, the American Bar Association held its 40th National Institute on White Collar Crime. This is the nation’s leading event for professionals in the enforcement and defense of white collar crimes. Among the highlights of this year’s event were discussions on healthcare fraud, digital currency-related crimes, and environmental crimes. But what exactly is white collar crime?

White collar crime is defined as financially motivated, non-violent crimes committed to gain an advantage or to avoid the loss of money or property. Common perpetrators include individuals entrusted with overseeing the funds of a business or organization.

The list of offenses that constitute white collar crime ranges from writing bad checks to committing cybercrimes, such as hacking or phishing schemes.

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