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Criminal Defense Archives

"RED FLAG" GUN CONTROL LAW TO GO INTO EFFECT IN NEW JERSEY SEPTEMBER 1, 2019

New Jersey's new Red Flag gun control law, signed by Governor Murphy in June, goes into effect on September 1, 2019. Under this law, N.J.S.A. 2C:58-20, individuals will be able to file gun violence restraining orders against persons believed to be a significant risk of harming either themselves or others. This law gives judges the authority to review evidence presented by the petitioner and order that individuals determined to be at risk of harming themselves or others be required to remain away from firearms for a period of up to one year. Additionally, if the individual in question already owns a gun, these extreme risk protection orders would allow law enforcement officers to confiscate firearms for the duration of the order. New Jersey is the tenth state to enact this type of gun control legislation. If you are the subject of an extreme risk protection order, call the Law Offices of Thomas Carroll Blauvelt at 877-676-7729 today to schedule your free consultation.

The real cost of a DUI

DUIs can be very expensive, but not always in the way you would think. While the state of New Jersey imposes fines, fees and surcharges for both first-time and repeat offenses, there are other costs to be aware of.

New Jersey does not offer diversion programs to DUI offenders

In many states, first-time DUI offenders can participate in diversionary programs that allow them to avoid the harsh penalties of a conviction and keep their records clean. While New Jersey does have diversion programs - such as the Pre-Trial Intervention Program ("PTI"), the Conditional Discharge Program and the Conditional Dismissal Program - for certain offenses, none of these programs apply to DUI. However, that does not mean your case is hopeless.

New Jersey has strict shoplifting penalties

If you are convicted of shoplifting in New Jersey, you will pay for two things: your crime and your conviction. In New Jersey, shoplifting penalties include fines, community service and possible jail times. But, they also allow store owners to recover all of their monetary losses linked to the shoplifting. This might even include the store owners' court fees.

Are juvenile records really private?

Everyone knows juvenile records are sealed and can't be viewed by anyone....right? Wrong. While it is true that juvenile records are "strictly safeguarded" in New Jersey, they are not completely hidden from public view. In fact, juvenile records are accessible by more people than you may think.

What is a Drug Recognition Expert (DRE)?

In New Jersey, it is illegal to drive under the influence of alcohol or drugs. Police have tools, like the Breathalyzer, to measure the amount of alcohol in a driver's blood. However, determining whether a driver is under the influence of drugs - and whether those drugs have caused impaired driving - is more difficult.

New Jersey's marijuana possession laws

The legalization of marijuana is a hot topic in the U.S. Many states have taken steps toward its de-criminalization, while others still issue severe criminal punishments for possessing even small amounts of marijuana - New Jersey lies somewhere in the middle. While it is still illegal to possess marijuana for non-medical purposes, the laws have lightened the punishments for users possessing very small amounts of pot.

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Law Offices of Thomas Carroll Blauvelt, LLC

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