Archives: FAQs

A court may grant a defendant’s motion to dismiss a DUI charge when the prosecution lacks sufficient evidence to make a prima facie case (meaning they lack enough evidence to go to trial). The court may also dismiss a DUI charge when evidence is excluded from the state’s case because it is unreliable (such as […]

New Jersey law makes no distinction between driving under the influence (DUI) and driving while intoxicated (DWI).

New Jersey’s juvenile criminal justice system does not use phrases like “place under arrest” or even “charged with a crime” when it comes to juvenile cases like it would for an adult. Instead they use the phrase “taking into custody” and “charged as a delinquent”. This can often be confusing but in reality it is […]

Unlike the adult criminal justice system, if the juvenile is detained, a detention review hearing must be conducted within fourteen (14) days. If it is determined that the juvenile still shall be detained, a bail review hearing shall be conducted every three weeks (21 days) throughout the duration of the case.

If the juvenile is to be detained, they must be detained in a juvenile detention center and not a County Jail. If they are over the age of eighteen then it is possible for them to be transferred from the local detention center to the local county jail where they will be housed with adults. […]

As long as the commission of the offense occurred when the individual was under the age of eighteen (18) then the juvenile bail procedure must be followed. As would follow, the case must also proceed through the juvenile criminal justice system and it would not automatically be transferred to adult court. With that being said, […]

Certain types of weapons are outright banned under New Jersey law, and merely possessing them can be a crime. These illegal firearms include machine guns, sawed-off shotguns, and explosive devices. Certain types of firearms accessories are also banned in New Jersey, such as silencers, stun guns, and body armor for penetrating bullets.

People who are not allowed to buy guns in New Jersey include anyone convicted of domestic violence, anyone who is subject to a domestic violence restraining order, anyone convicted of a violent crime, and anyone convicted of a drug crime above the level of a disorderly persons or petty disorderly persons offense.

Many parents naturally worry that their child will be charged as an adult, especially if they are close to turning 18. If your child is under 15, they cannot be charged as an adult unless they have committed a very serious offense and the prosecutor chooses to try them as an adult. Ultimately, the judge […]

While some juvenile cases do go before a family court, there are alternative options that your attorney can help you pursue, such as: Informal hearing ─ If your child accepts responsibility for their crime, you could go before a judicial referee at an informal hearing to obtain a judgment and recommended sentence. These will need […]