Posts Categorized: Post-Conviction Relief

New Marijuana Legislation Would Expunge Past Convictions In NJ

New Marijuana Legislation Would “Permit The Expungement Of Certain Marijuana Charges” And Give Thousands Across New Jersey a 2nd Chance   With anti-marijuana Governor Chris Christie’s departure quickly approaching, advocates in the state are getting ready for full legalization Chris Christie is leaving office in January. And with him gone, legalization advocates seem confident that New… Read more »

Domestic Violence in New Jersey

Allegations of domestic violence in New Jersey are governed primarily by The Prevention of Domestiv Violence Act of 1991, N.J.S.A. 2C:25-17. The Act allows criminal, family and municipal courts wide discretion to impose certain relief and restrictions including the following: Possible Reliefs for Victim: • Granting exclusive possession of residence. • Granting temporary custody of children…. Read more »

Knowing Your Miranda Rights and When They Apply

Knowing Your Miranda Rights and When They Apply By: Devon Jones What are my Miranda Rights? • The Fifth Amendment protects a person against being compelled to testify against themselves in a criminal case. The U.S. Supreme Court relied on this, along with the Sixth Amendment’s right to an attorney, in its landmark Miranda v…. Read more »

New Jersey Prison Requirements

N.J.S.A. 2C:43-6. Sentence of imprisonment for crime; ordinary terms; mandatory terms a. Except as otherwise provided, a person who has been convicted of a crime may be sentenced to imprisonment, as follows: (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the… Read more »

A Brief Overview of the Revised Expungement Procedures in New Jersey

Quick Tips: New Expungement Changes in New Jersey By: Devon Jones Tip #1. How long is the waiting period for indictable offenses? Prior to the expungement changes in New Jersey, an individual with a prior indictable (i.e. felony) conviction had to wait ten years before becoming qualified for an expungement. Under the new law, the… Read more »

Attorney Black Named “Top 40 Under 40” for Second Straight Year

For the second straight year, Robert F. Black, Jr. has been named to The National Trial Lawyers “Top 40 under 40”. The National Trial Lawyers: Top 40 under 40 is a professional organization composed of the top trial lawyers from each state who are younger than the age of 40. Membership into The National Trial… Read more »

Probation and Your Responsibilities

Quick Tips: Probation and Your Responsibilities By: Devon Jones Tip #1: What is probation and its intended purpose? Probation, unlike parole is often granted by a judge and can be negotiated by an experienced attorney. Probation is generally granted for individuals with a minimal criminal background and those who commit less-severe crimes. While on probation… Read more »

Quick Tips: Investigated for Possession of a Small Amount of Marijuana

Post Authored by Devon Jones Quick Tips: Investigated for Possession of a Small Amount of Marijuana Tip #1: What is considered a simple possession of Marijuana? In New Jersey, simple possession of marijuana is defined by the amount of grams. 50 grams or less is considered a disorderly persons offense, which is minor in comparison… Read more »

Investigated for Suspicion of Driving While in Possession of Drugs?

Post Authored by Devon Jones Quick Tips: Investigated for Suspicion of Driving While In Possession of Drugs Tip #1: When is a police officer allowed to search my car? Generally, an officer will only be allowed to conduct a search if a warrant is issued and supported by probable cause. Nevertheless, there are always exceptions…. Read more »

Major New Jersey DWI Law Change Proposal Goes to Governor’s Desk

Major New Jersey DWI Law Change Proposal Goes to Governor’s Desk A proposed change in the New Jersey DWI law that would allow many first time offenders to avoid a lengthy license suspension, provided that the state is unable to convince the judge of aggravating circumstances, has hit Gov. Christie’s desk and is now awaiting… Read more »