If you are involved in a domestic violence case in New Jersey, never hesitate to contact our crime victim advocacy attorney at LACE Law. We are ready to help.
New Jersey’s Prevention of Domestic Violence Act of 1991 gives law enforcement significant authority to act. When officers respond to a domestic violence call and observe visible signs of physical injury, they are required by law to make an arrest. That obligation exists even if the alleged victim asks them not to. Once an arrest is made, the case is in the hands of the state, not the individuals involved.
This distinction matters. In New Jersey, a domestic violence case is prosecuted by the State, not by the alleged victim. The other party in the dispute is not your spouse, your partner, or your roommate. It is the State of New Jersey. Once a criminal complaint is filed, the alleged victim cannot unilaterally drop the charges.
Prosecutors in New Jersey have broad discretion when it comes to domestic violence cases. Even if an alleged victim refuses to cooperate, recants a prior statement, or expresses a desire to have the case dismissed, the prosecutor can still move forward if sufficient evidence exists to support the charges.
That evidence can take many forms. Prosecutors routinely rely on:
When this type of corroborating evidence exists, the case may proceed with or without the alleged victim’s participation at trial.
While the Prosecuting agency has the final say on whether charges are litigated to trial or dismissed, the victim has significant influence on that decision. This is due to both the State often giving deference to the wishes of victims of domestic violence and also because their testimony is essential to proving the case beyond a reasonable doubt. If you are a victim of Domestic Violence and you are looking for an attorney to advocate for your wishes in the case to be followed by the prosecution, take a look at our victim advocacy practice area and give us a call for a free consultation.
That said, New Jersey case law does recognize limits on what prosecutors can do. In many domestic violence matters, particularly those that occur without third-party witnesses, the alleged victim’s testimony may be essential to proving the case beyond a reasonable doubt. If no corroborating evidence exists, the charges may not proceed.
The strength of the state’s case depends heavily on the specific facts and evidence gathered at the scene. No two situations are identical, which is why the outcome in these cases can vary considerably.
A domestic violence charge in New Jersey can carry serious consequences, including jail time, fines, loss of firearm rights, and a lasting impact on employment and child custody matters. Whether you are facing charges or trying to understand your rights, speaking with our criminal attorney as early as possible is critical.
At LACE Law, we handle domestic violence cases throughout South Jersey, including Hammonton and surrounding communities. Contact our office to discuss your situation in a confidential consultation.
]]>You may believe that your DWI stop was unjustified if you did not break any traffic regulations. A police officer can pull you over if they have a reasonable suspicion of any criminal activity. Even if you did not run a red light, fail to yield right-of-way, or break any rules of the road, you may have been exhibiting signs of intoxication. This may include swerving, braking erratically, or straddling between lanes. Any behavior that gives law enforcement reasonable suspicion that something is wrong can be sufficient grounds for a traffic stop.
New Jersey police are using narcotics dogs more frequently at traffic stops to confirm suspicion of contraband. The police may have a narcotics dog sniff the exterior of a vehicle during a lawful traffic stop. The use of a narcotics detection dog is permitted even if the officer does not suspect that any of the vehicle occupants have committed criminal activity, provided the sniff does not unreasonably prolong the stop beyond the time needed to address the original traffic violation.
New Jersey law permits DWI checkpoints, but strict regulations must be followed. A DWI checkpoint involves law enforcement designating a location where they will stop drivers and assess their sobriety. A DWI checkpoint does not violate your constitutional rights, as the Supreme Court ruled that the public-safety benefit justifies the inconvenience to drivers.
In New Jersey, DWI or sobriety checkpoints must be systematic and planned, such as stopping every third vehicle. Although sobriety checkpoints are legal in New Jersey, the supervising officer must be present, law enforcement must notify the public in advance, and clear signage must be posted. You are not allowed to turn around or make a U-turn to avoid a DWI checkpoint. If an officer suspects you are intoxicated, you must submit to a breath or blood test under the state’s implied consent law.
A common misconception is that officers may conduct a pat-down of a driver or passenger at any routine traffic stop without any basis for doing so. That is not the case. Under Terry v. Ohio, a pat-down requires reasonable, articulable suspicion that the person is armed and dangerous. An officer cannot frisk a driver or passenger simply because a stop is taking place.
That said, if an officer observes signs of intoxication during a DWI stop, such as the smell of alcohol, slurred speech, or erratic behavior, those observations may provide the reasonable suspicion needed to justify a pat-down. If you believe a frisk was conducted without any legitimate basis, that is a potential Fourth Amendment issue our Atlantic County DUI/DWI defense attorney can examine.
In New Jersey, police must have a reasonable and articulable suspicion that a driver is under the influence before ordering field sobriety tests. This standard is lower than probable cause and can be met when an officer observes specific facts, such as the odor of alcohol, nervous behavior, or inconsistent statements, that reasonably suggest intoxication. Courts have held that these tests are part of an investigative detention rather than a formal arrest, meaning officers may conduct them when these observations justify further investigation. Cases such as State v. Bernokeits and State v. Green have affirmed that field sobriety testing is lawful when supported by these articulable facts.
Privacy protections are granted by both the Constitution and New Jersey law, with the Garden State expanding individuals’ rights. These protections are of concern to many of us, especially as law enforcement has increased its vigilance. If you have recently been charged with a DWI after a traffic stop, LACE Law would like to speak with you. We will review the facts and gather information to determine if any Fourth Amendment violations occurred.
To schedule a consultation with our Atlantic County DUI/DWI defense attorney, contact us online or by phone at (609) 225-4065 today.
]]>While you may assume there is a simple answer to whether the police can search your car, the issue is more complex. Most vehicle searches require law enforcement to have a search warrant or the driver’s consent. This protection is provided by the Fourth Amendment, which applies to any place where a person has a reasonable expectation of privacy (home, workplace, or vehicle).
Since evidence of criminal activity disappears as soon as you drive away, the law offers fewer protections for vehicle searches. Given this, New Jersey and federal law have an automobile exception, which permits officers to bypass the warrant requirement. As stated in State v. Witt, the circumstances establishing probable cause of contraband or criminal activity must be “unforeseeable and spontaneous.” Additionally, the stopped vehicle must be readily mobile. Examples of “unforeseeable and spontaneous” circumstances that would create probable cause include seeing a bloody knife, a bag of weed, or stolen items inside the vehicle.
Probable cause exists when the evidence would lead a reasonable person to believe that a crime was committed and you likely committed or are in the process of committing said crime. If probable cause exists, law enforcement can make a lawful arrest. Following your arrest, the police officer has a right to search your person and your immediate vicinity (your wingspan). Any area you can reach can be searched. This is known as a search incident to arrest and is conducted to preserve evidence and ensure an officer’s safety.
If there is no probable cause and the police officer does not have a warrant, they may ask you for your permission to search your car. Under no circumstances do you need to consent to such a search. If you do consent, the consent must be voluntary. If the officer coerces you, you can challenge the legality of the search in court.
Even if you initially consent to the search, you do have the right to withdraw consent at any point. The officer must abandon the search the moment you withdraw consent. Your refusal to permit the search from continuing cannot be used as evidence against you.
Ending up on the wrong side of the law can be terrifying, especially when law enforcement does not follow proper procedures. At LACE Law, we are dedicated to advocating for criminal defendants and using our resources to help you avoid jail time and hefty fines. If you or a family member has fallen victim to an unlawful search, your first call should be to our Atlantic County criminal defense lawyer. To arrange your consultation, contact our office online or by calling (609) 225-4065 at your earliest convenience.
]]>Domestic violence is defined as any pattern of abuse that may involve threats, stalking, intimidation, humiliation, and financial control. Domestic violence can show up as physical, verbal, emotional, sexual, or financial abuse, or any combination of these.
Domestic violence may unfold as a result of a dispute between spouses, household members, dating partners, former dating partners, or individuals who share a child. According to New Jersey law, the following are considered domestic violence crimes:
A Temporary Restraining Order (TRO) may be filed against you without you even being present in court. Within 10 days of a TRO being issued, the court will schedule a hearing for a final restraining order (FRO). Thankfully, our Hammonton domestic violence lawyer is equipped to advocate for your rights. This is done by gathering the necessary information, cross-examining witnesses, and poking holes in available evidence.
If you are facing domestic violence allegations, you should seek representation immediately. At LACE Law, our Hammonton domestic violence lawyer is ready to investigate your case, collect evidence, and prepare an argument that negates your liability. Even if the evidence seems to be in the victim’s favor, our legal team is motivated to identify any details that may have been overlooked. To arrange a free consultation with our domestic violence attorney, contact us online or by calling (609) 225-4065.
]]>Underage possession or consumption of alcohol is a disorderly persons offense. A conviction can result in fines, up to 30 days of community service, and a six-month driver’s license suspension. If a minor is found drinking at a licensed establishment such as a bar or restaurant, additional penalties may apply, including mandatory participation in an alcohol and drug education or treatment program.
New Jersey’s zero-tolerance law makes it illegal for any person under 21 to operate a motor vehicle with any detectable blood alcohol concentration. Under N.J.S.A. 39:4-50.14, even a BAC as low as 0.01% is enough to trigger an underage DWI charge. Unlike the standard DWI threshold of 0.08% that applies to adult drivers, there is no safe amount of alcohol a minor can consume before getting behind the wheel.
Penalties escalate based on BAC level and can include license suspension, community service, fines, IDRC participation, auto insurance surcharges, and installation of an ignition interlock device for higher BAC readings. A minor facing an underage DWI charge should consult with a defense attorney as soon as possible.
Underage drinking charges do not always involve a vehicle. A minor can face criminal charges simply for possessing or consuming alcohol in New Jersey.
In NJ, it is unlawful for anyone under 21 to possess or consume alcohol in any public place or any place open to the public. A violation is a disorderly persons offense, carrying penalties that may include fines of up to $500, up to 30 days of community service, and a six-month driver’s license suspension. A minor charged under this statute may also be required to participate in an alcohol education or treatment program.
Minors who use a false, altered, or borrowed ID to purchase or obtain alcohol face separate charges. This is a disorderly persons offense that carries its own fines and can result in a one-year driver’s license suspension. Depending on the circumstances, a minor could also face charges for fraudulent use of a government document, which carries more serious consequences.
An underage drinking or DWI charge does not automatically result in a conviction. Our Hammonton underage drinking defense attorney will carefully evaluate the circumstances of your case and identify the strongest available defenses.
At LACE Law, we make you an active part of your defense. Our Hammonton underage drinking defense attorney will keep you informed at every stage of the process and fight to protect your child’s future. To schedule a consultation, contact us online or call (609) 225-4065.
]]>