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Child with parent in background with gavel in foreground; how criminal charges can impact custody agreementsOne collateral consequence of being charged with a crime is the impact those charges can have on child custody agreements. Such charges, even if they don’t result in a conviction and are eventually dropped, can influence a Family Court Judge’s decision.

Family court judges consider the impact criminal charges and the respective surrounding circumstances may have on both the child’s safety and stability when ruling on custody matters. In New Jersey, courts will consider the nature and severity of the criminal charges, the identity of the victim, how recent the crime was, if it is part of a pattern of criminal activity, and any rehabilitation programs the accused may have completed, in addition to other relevant factors and circumstances.

Violent crimes will have a more serious impact on custodial rights than non-violent crimes. Crimes directed at or involving the child or committed within the household would raise immediate concern.

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Young man in handcuffs -- pranks that cross the line have serious consequences that may need criminal defense attorneyPranks, dares, and social media challenges may seem like fun on the surface, but they can quickly cross the line. When that happens, the consequences can be serious.

Activities that result in physical harm to another, damage to property, or panic throughout a community can lead to criminal charges ranging from disorderly persons offenses to indictable crimes, resulting in both criminal and collateral consequences. In extreme cases involving older juveniles and the most severe crimes, there is the possibility of the case being waived up to adult superior court.

Collateral consequences of prank-related crimes can impact the offender’s life long after the court-imposed penalties are completed. These consequences can affect the offender’s educational opportunities by resulting in the denial of admission, loss of scholarship or financial aid, or probation, suspension or expulsion from classes. They can also affect the offender’s ability to obtain a professional license, especially when seeking a career in the medical, dental, law, or accounting fields.

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Driver refusing a breathalyzer test when stopped on suspicion of a driving while intoxicated (DWI).Getting pulled over for suspicion of driving while intoxicated is a serious matter, but doing any of the following may only compound your troubles:

  • Refusing a breathalyzer test – Under New Jersey law, refusing a breathalyzer test carries its own serious consequences, including fines and potential suspension of a driver’s license.
  • Being too talkative – Be aware that what you say to the arresting officers can be used against you when your case goes to court.
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Posted school zone speed limit sign; speeding is motor vehicle violation that can lead to more serious charges under certain circumstancesUnder the law, traveling even one mile above the posted limit is a motor vehicle violation. Depending on the exact speed in excess of the limit, the potential consequences include points on a driver’s license, fines, and potential license suspension.

In New Jersey, a speeding driver can be charged with anything from a standard traffic violation to more serious criminal charges, depending on extenuating circumstances. Conditions under which speeding could result in more serious charges include:

  • Traveling at excessive speeds, which are defined as 30 or more miles over the posted limit (and/or double the limit in certain areas/zone). When traveling at these speeds, police often charge reckless driving, which carries additional significant penalties, including potential license suspension.
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Making false witness statements is a criminal offense; witness statement with handcuffs and pen.Knowingly providing false information to police or investigating authorities is a criminal offense. In New Jersey, it can be prosecuted under several different criminal statutes that subject Defendants to potential incarceration in State Prison.

What constitutes false information? Any statement made with the purpose of deceiving law enforcement and/or disrupting an investigation. This can include implicating an innocent person for a crime; reporting a crime that never occurred; claiming to have information about a crime that you do not have; providing law enforcement with a fake name, falsified documents, or fake identification. Misleading statements intended to protect another person from arrest or conviction or to protect yourself from liability are also punishable under the law.

Common reasons a person might risk criminal charges for making false statements include covering up material details of a crime, committing financial or insurance fraud, carrying out a prank or a hoax, or seeking revenge or retaliation against another individual.

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Lesser-known NJ laws can lead to criminal charges; magnifying glass used to highlight 'law'It is commonly known that all New Jersey gas stations are full-service, but did you realize that there is actually a law on the books prohibiting motorists from pumping their own gas in this state? The law was originally intended to protect personal safety.

There are numerous lesser-known laws in New Jersey that can result in criminal consequences:

  • Leaving someone you injured exposed to further danger without offering assistance or reporting the incident to the proper authorities can result in serious criminal charges.
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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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