At LACE Law, our criminal defense attorneys in Atlantic County can evaluate whether a search was lawful and whether we can challenge the evidence obtained during that search.
Depending on the circumstances, officers may be permitted to search without your permission when:
Whether one of these exceptions applies depends on the specific facts of the encounter. A search that appears lawful at first may later be challenged if constitutional requirements were not satisfied.
If you voluntarily consent to a search, police generally do not need a warrant to search the areas covered by your permission. For example, if an officer asks to search your vehicle and you clearly agree, evidence discovered during that search may later be used in a criminal prosecution unless another legal issue exists. Consent must generally be voluntary.
Under New Jersey law, the State generally must also prove that you knew you had the right to refuse consent before a consent search will be upheld. If the police obtained your consent through coercion, intimidation, or other unlawful conduct, the validity of the search may be an issue before the court.
In many situations, yes. If an officer asks for permission to search and no warrant or legal exception applies, you may calmly and respectfully decline consent. Refusing consent does not automatically give police the right to search, nor does it establish that you committed a crime. At the same time, refusing consent should not involve physically resisting officers or interfering with a lawful investigation.
A respectful response such as “I don’t consent to any searches” clearly communicates your decision while avoiding unnecessary confrontation. However, you should know that refusing consent does not always end the encounter. If the police have legal authority to search, they may still search.
Police sometimes proceed with a search even after a person refuses to give their consent. Whether that search was lawful depends on why the officers believed they had legal authority to continue. For instance, officers may claim they had probable cause, obtained a warrant, or relied on another exception to the warrant requirement. If the search violated your constitutional rights, our criminal defense attorneys in Atlantic County may ask the court to suppress evidence obtained as a result of the search.
Whether you consented to a search or whether police were legally permitted to search without your consent can have a significant impact on a criminal case. If you believe your constitutional rights were violated during a police encounter, request your free case review by calling 609-225-4065 or sending us an online message. Our Hammonton criminal defense lawyers can review the circumstances of the search, explain your legal options, and determine whether the evidence may be challenged in court.
]]>At LACE Law, we recently achieved exactly that for one of our clients.
Our client was convicted of aggravated assault in Burlington County after a trial handled by another attorney. After the conviction, the client retained LACE Law to represent him solely for sentencing.
The prosecution sought a sentence of 364 days in the Burlington County Jail.
Rather than accepting that recommendation, we carefully prepared for sentencing and presented the court with strong mitigating factors that supported a different outcome.
After hearing our arguments, the judge imposed probation with no jail time, allowing our client to remain with his family, continue working, and begin moving forward with his life.
If you or a loved one has been charged with aggravated assault or another serious criminal offense in New Jersey, having experienced legal representation can make a meaningful difference at every stage of your case, including sentencing.
The attorneys at LACE Law represent clients throughout Burlington County, Atlantic County, and across South Jersey. If you’re facing criminal charges or need experienced representation after a conviction, contact our office today to discuss your options. Contact us online now or schedule a consultation by calling 609-642-0545.
]]>If you’ve been arrested for public intoxication, reach out to LACE Law right away. Our Hammonton, NJ, criminal defense lawyers can help you understand the charges you’re facing and develop a defense tailored to the specific facts of your case.
Unlike many states, New Jersey doesn’t have a standalone criminal statute making public intoxication illegal. In fact, New Jersey law affirmatively prohibits treating intoxication as an offense. The court does not treat public intoxication as an offense; instead, it treats alcoholism as a health matter.
That does not mean, however, that the police cannot intervene when someone is intoxicated in public. If an intoxicated person creates a public disturbance, threatens public safety, damages property, or commits another offense, officers may make an arrest based on that conduct rather than the person’s intoxication alone.
Understanding the difference is important because the criminal charge often depends on what happened while the person was intoxicated, not simply the fact that alcohol or drugs were involved.
Although public intoxication itself is not a crime, several other offenses may arise from the same incident. Depending on the circumstances, prosecutors may pursue charges such as:
The penalties depend on the specific charge, and not your intoxication level.
Because there is no standalone public intoxication offense, the penalties depend entirely on the underlying charge. For instance, disorderly conduct is generally a petty disorderly persons offense. A conviction may result in up to 30 days in jail and a fine of up to $500. More serious offenses, such as assault or resisting arrest under certain circumstances, may carry substantially greater penalties, including longer jail sentences and higher fines. The potential consequences increase significantly if multiple charges are filed for the same incident.
Yes. Even if you avoid jail, a conviction may have consequences beyond the courtroom. Depending on the offense, a criminal or disorderly persons conviction may affect:
If alcohol-related behavior resulted in injuries or property damage, there may also be civil liability in addition to criminal proceedings. These collateral consequences can continue long after your criminal case has ended.
An arrest involving intoxication does not automatically mean you have committed the crime many people call “public intoxication.” The outcome depends on the actual charges, the evidence, and the specific circumstances of the incident. Speak to our criminal defense attorneys in Hammonton, NJ, to learn more about your situation. Get in touch with LACE Law online or at 609-225-4065 to book your free case evaluation.
]]>Our DWI lawyers at LACE Law in Hammonton, NJ, can review the breath test evidence, maintenance records, and testing procedures to determine whether we can challenge the prosecution’s case by raising issues with the machine or the investigation.
Breath test results are often one piece of evidence prosecutors use to prove that a driver was operating a vehicle while under the influence of alcohol. In New Jersey, drivers who are lawfully arrested for DWI are generally subject to the state’s Implied Consent Law, N.J.S.A. 39:4-50.2, which requires them to submit to breath testing under certain circumstances.
While breath test results can be vital evidence, they are not always the only evidence presented. Prosecutors may also use the officer’s observations, driving behavior, field sobriety tests, body camera footage, and other evidence gathered during the investigation.
Yes. Breath-testing devices, such as the various Alcotest devices used in NJ, must be properly maintained, calibrated, and operated in accordance with legal and scientific requirements. If the machine was not functioning correctly or procedures were not followed, the reliability of the breath test may be called into question. For instance, maintenance records may reveal calibration issues, required inspections may not have been completed, or the operator may not have followed the proper testing protocol before administering the breath test.
Our DWI attorneys in Hammonton, NJ, can obtain and review maintenance records, calibration documents, operator certifications, and other evidence to determine whether we can challenge the breath test results.
A malfunctioning machine is only one issue that may affect the reliability of a breath test. Other factors may include:
Every issue does not automatically invalidate a breath test, but each should be carefully examined as part of your defense. Our Hammonton, NJ, DWI lawyers can evaluate both the scientific evidence and the testing procedures to determine whether the prosecution can establish that the reported results are reliable.
No. Even if the breath test is excluded or successfully challenged, the prosecution may still use other evidence to support the DWI charge. For instance, they may present testimony about your driving, physical appearance, statements made during the traffic stop, or your performance on field sobriety tests. Whether a case is dismissed depends on the strength of all the evidence and not solely on the breath test results. A careful review of the prosecution’s evidence can help determine whether the remaining evidence is sufficient to support the charge.
Remember that a breath test result does not automatically determine the outcome of a DWI case. Our legal team at LACE Law can evaluate the breath test evidence, identify weaknesses in the prosecution’s case, and determine whether legal or scientific issues may support reducing or dismissing the charges. Arrange your no-cost consultation by contacting us online or at 609-225-4065.
]]>If you have been subjected to a blood test due to a suspected DWI and have yet to consult with our DWI lawyers at LACE Law, here’s what you should know about blood testing in NJ.
Officers may seek a blood sample when they believe a driver is impaired by drugs, when a breath test cannot be completed, or when the circumstances of the investigation require additional evidence. Take note that New Jersey’s implied consent statute applies only to breath testing.
Because drawing blood is considered a search under the Fourth Amendment, law enforcement must justify a blood draw with a warrant, valid consent, or another recognized exception to the warrant requirement. Whether a blood sample was lawfully obtained is a crucial issue in defending against a DWI charge.
After a blood sample is collected by an authorized medical professional or other qualified individual, it is submitted to a laboratory for analysis. The testing process typically includes documenting when the sample was collected, how it was stored, who handled it, and the laboratory procedures used to analyze it.
Each step is important because prosecutors must demonstrate that the sample tested actually belonged to the defendant and that it remained properly preserved throughout the process. Our DWI attorneys in Atlantic County can review lab reports, collection records, and chain-of-custody documentation to determine whether the testing process complied with legal and scientific standards.
Like any other form of evidence, blood test results can be challenged. Depending on the circumstances, issues may include:
An issue with one stage of the process does not automatically invalidate the evidence, but it may affect the reliability or admissibility of the blood test results. Our DWI lawyers in Atlantic County can carefully assess the collection procedures, laboratory records, and scientific evidence to determine whether the prosecution can establish the test’s veracity.
A blood test is only one piece of evidence in a DWI prosecution. Prosecutors must still prove that the blood sample was legally obtained, accurately analyzed, and properly connected to the defendant. There is also other evidence, such as officer observations, driving behavior, witness testimony, and video footage, among others, that they may use to build their case. Every DWI case should be evaluated based on the totality of the evidence rather than a single lab result.
A blood test may appear persuasive, but prosecutors must still establish that every step of the testing process complied with constitutional requirements and accepted scientific procedures. For more information about blood testing in DWI cases or how we can help with your case, contact LACE Law at 609-225-4065 or online to schedule your complimentary case review.
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