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Red Bank DWI Lawyers

1. Donnelly, David: DON'T LET THE POLICE TAKE ADVANTAGE OF YOU! Being charged with a crime is an alarming experience. Feeling afraid and exposed to the power of the police, you need you need an experienced criminal attorney to steady and guide you; an attorney who has spent years in the criminal system, knows the courts, the prosecutors and the law. What are my rights when a police officer stops me? A. Police and citizen encounters occur at three levels, but only two require constitutional justification. A police officer does not violate the Fourth Amendment of the United States Constitution by merely approaching an individual on the street and asking if he is willing to answer some questions and requests to see identification. This is not Òa seizureÓ, but once the questions are posed in such a way, and under such circumstances, that a reasonable person would think he is not free to leave, the encounter becomes an ÒinvestigativeÓ stop. A policeman can only justify such a stop if he has a reasonable suspicion, based on objective facts, that you are involved in criminal activity. A ÒhunchÓ is not justification. Asking questions such as Òare you doing anything illegalÓ amounts to a ÒseizureÓ. Finally, a police officer may arrest an individual when "probable cause" exists. NEVER RESIST ARREST- Even if you know the policeman is acting improperly, you must submit. The law says that whether a stop or a search is improper, is a legal issue to be determined in court. If the law allowed you to resist, it would only lead to violence and possible harm to all involved. Q. Can the officer search me? A. An officer may search you to protect him or herself. Whether there is good cause for him to make a protective search is a question, which is separate and apart from the issue of whether he is allowed to stop you. A policeman may only search you for weapons if a reasonable person in his position would think that his safety is jeopardized. He must be able to point to facts from which he reasonably inferred that you were armed. Again, hunches or subjective impressions are not enough, but if an officer arrests you, he is clearly allowed to search you pursuant to the arrest. If however, he has taken you out of your car and then arrests you, he is not allowed, under New Jersey law, to then search your car as part of the arrest. In encounters with the police, you should always be sure not to antagonize them. But you should not cooperate to the extent that you implicate yourself. If police are urging you to a make a statement Òto help yourselfÓ, and you know the statement would be an admission of guilt, always assert your right to remain silent. Such a statement only helps the police and it will never make things ÒeasierÓ for you no matter what they say. This only intended as a broad outline of your rights. The law of search and seizure is extremely fact sensitive. Every situation is different. Murder TYPES OF CASES HANDLED: 1st degree murder, 2nd degree murder, criminal homicide, manslaughter Assault TYPES OF CASES HANDLED: Aggravated assault, assault with a deadly weapon, assault on a law enforcement officer, reckless endangerment, terroristic threats, stalking Sex Crimes TYPES OF CASES HANDLED: Sexual assault, child sexual assault, Internet sex crimes, pornography & child pornography, luring Drug Offenses TYPES OF CASES HANDLED: Drug possession, manufacturing and distribution of controlled dangerous substances ("CDS") , cocaine and marijuana. Robbery and Burglary TYPES OF CASES HANDLED: Robbery, burglary, criminal menacing, weapons related offenses, assault with deadly weapons Money Laundering and Fraud TYPES OF CASES HANDLED: White collar crime, wire fraud, illegal gambling, credit card theft, forgery, identity theft, business fraud, business theft. New Jersey DUI - DWI Defense TYPES OF CASES HANDLED: DWI - DUI Driving under the influence, driving while impaired
2. John Marshall: New Jersey DUI/DWI Law In New Jersey, it is illegal to drive while under the influence of drugs and/or alcohol. It is also illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If a person drives while impaired by drugs and/or alcohol, and/or has a BAC of 0.08% or higher, he/she can be charged with driving under the influence (DUI/DWI) or driving while intoxicated (DWI). New Jersey DUI/DWI Punishments The state of New Jersey has adopted strict DUI/DWI legislation to prevent people from operating motor vehicles while under the influence of drugs and/or alcohol. These laws call for harsh legal consequences if a person is convicted of DUI/DWI. Once convicted of DUI/DWI, a person can be sentenced with: jail time, large monetary fines, probation, mandatory DUI/DWI School, community service, and/or driverÕs license suspension. In some cases, the DUI/DWI offenderÕs vehicle may be impounded as well. Why You Should Hire a DUI/DWI Attorney After being arrested, many people choose not to hire an attorney. This is usually a huge mistake. One of the best things you can do to protect your best interests is to hire an experienced New Jersey DUI/DWI lawyer. A knowledgeable lawyer can investigate your case, challenge your blood alcohol and field sobriety test results, find possible arrest errors made by law enforcement, and present your side of the story in court. A skilled lawyer will also ensure that your rights are protected throughout the DUI/DWI case process.