Teenagers are sometimes known for indulging in risky behavior. Often, this is because teenagers are under the impression that bad things can never happen to them. In unfortunate situations, such as texting while driving or driving under the influence (DUI), the results can be catastrophic, forever changing the landscape of a teenager’s life and permanently affecting their family. The same is true when a minor is convicted of a juvenile drug possession charge. The knowing and illegal possession of any drug can ruin their chances of entering the military, participating in school activities, and even going to college – not to mention any fatal consequences drug use can result in. Before you make any decisions, speak with an experienced Bergen County criminal defense attorney. How a Hackensack Juvenile Drug Possession Charge Can HappenA minor can be charged with drug possession in New Jersey in a few ways. First and foremost, the minor must knowingly possess the illegal drug. For example, if a drug such as marijuana, cocaine, or heroin is found in the glove compartment or trunk of a vehicle or in the child’s backpack, police may have enough probable cause to determine that the juvenile knew the substance was there. Additionally, a minor can be charged with drug possession when stashing drugs in areas they control, such as a school locker, motor vehicle, or bedroom. Ultimately, any juvenile drug charge comes from the direct knowing, control, and possession of the illegal narcotic. NJ Juvenile Drug Possession Charges Differ from Adult Drug Possession ChargesWhile adults charged with illegal possession of a drug in New Jersey have to face those charges in a court of law, juvenile drug possession is often handled in the NJ juvenile court system. These types of charges can result in additional options for the juvenile defendant, such as:
Juvenile Drug Arrest in New JerseyIf law enforcement believes a minor is guilty of a drug offense, they will usually take them into custody. Minors will often be brought in by law enforcement to answer questions before being charged with criminal delinquency. After the court signs the complaint regarding delinquency, the court can either keep the minor in detention or give them back to their parents. New Jersey State Statute 2A:4A-34 states that a court can only hold juveniles in detention if they pose a threat to the community, or are at high risk of missing court. After that, the case will be transferred to a hearing at the family court. A judge will then review all facts and make a decision. A judge will decide if the minor is guilty or not. New Jersey law considers delinquency a juvenile offense that, if it is committed by an adult, would be a crime or disorderly offense or violation of any other penal statutes, ordinances, or regulations. A judge will order the sentence. New Jersey State Statute 2A:4A-39 gives juveniles the right to counsel for any matter that could lead to the institution’s commitment to the juvenile. Your child can have an attorney represent them at any hearing. An attorney can represent your child at all hearings and fight for their innocence. New Jersey Criminal Defense Lawyer Adam M. Lustberg Can Help Your Son or Daughter Fight a Juvenile Drug Charge in Hackensack, NJNo matter what your age, facing a drug possession charge in New Jersey is a scary and confusing time. The expert legal team at Lustberg Law understands that, as a parent, the only thing you want out of life is for your child to be safe and taken care of. Hackensack drug possession lawyer Adam M. Lustberg will help your child navigate the murky waters of a New Jersey juvenile drug possession charge and help them get the help they need. Contact the law firm today. The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly. Via https://www.lustberglaw.com/blog/juvenile-drug-possession-charges-in-new-jersey/
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In New Jersey, we have some of the most stringent firearms laws in the nation. Consequently, it’s no surprise that penalties for possession can be equally serious. Any single firearms conviction can result in a minimum of 5 years in prison and extensive fines. Firearms possession charges fall under various categories, and, depending on the crime, you may be facing one or several charges. These include
Depending on the type of weapon and specific offense, each carries its own spectrum of penalties. Furthermore, penalties increase if your offense falls under the Graves Act. If you are facing charges of illegal firearm possession, it is important to seek the help of an experienced New Jersey gun possession lawyer. Having a skilled attorney may be able to help you understand what your rights are and help you protect your freedom. Unlawful PossessionUnlawful possession penalties will depend on the type of firearm you were found possessing. Possession of a rifle or shotgun without a firearms ID card can result in 3 to 5 years in prison and up to $15,000 in fines. Unlawful possession of a handgun without a permit to carry is a second-degree crime that can result in 5 to 10 years in prison and up to $150,000 in fines. Because unlawful possession of a handgun falls under the Graves Act, a minimum mandatory jail sentence applies. Unlawful Possession of an Illegal WeaponSome firearms are unlawful to possess in New Jersey under any circumstances. A conviction is considered a third-degree crime and can result in 3 to 5 years in prison and up to $15,000 in fines. Certain Persons ConvictionIf you are someone who has a prior conviction and is not allowed to possess a firearm if you are found with one in your possession, it can result in 5 to 10 years in prison and you will not be eligible for parole for a minimum of 5 years. Possession of a Firearm for an Unlawful PurposePossession of a firearm for an unlawful purpose is also a second-degree crime punishable by 5 to 10 years in prison and up to $150,000. It also falls under the Graves Act. Possession of a Firearm During the Commission of a CDS or Bias OffensePossession of a firearm during the commission of these offenses is considered a second-degree offense. Furthermore, if there is an additional conviction for possession of a firearm for an unlawful purpose, prison time must be served consecutively. While firearms possession is treated harshly in New Jersey, there may be several defense options available to you if you have been charged with possession. At Lustberg Law Offices, we provide diligent legal defense for individuals who have been charged with gun possession in New Jersey. Call us at (201) 880-5311 or contact us online to discuss your charges. Via https://www.lustberglaw.com/blog/what-are-the-penalties-for-illegal-firearm-possession-in-new-jersey/ Shoplifting occurs more often than people might think. According to the National Association for Shoplifting Prevention, more than 10 million people have been caught shoplifting in the past five years, and even more disturbing is the statistic that there are 27 million shoplifters in the country. Moreover, these numbers continue to grow year after year – even in New Jersey, where there are severe penalties imposed against anyone convicted of shoplifting or retail theft. What Is “Shoplifting” in New Jersey?While shoplifting is generally thought of as the removal of items from a store without paying for them, retail fraud in NJ constitutes a myriad of actions that include:
Shoplifting Results in Severe Penalties in New JerseyIn New Jersey, a shoplifting charge, like most theft charges, can result in severe penalties, fines, and even jail time. Shoplifting merchandise with a combined retail value of less than $200 can result in a $1,000 fine and/or up to six months in jail. Stealing more than $500 worth of merchandise is considered a third degree crime and can result in 3-5 years of prison time and a fine of up to $15,000. The penalty for shoplifting more than $75,000 worth of merchandise is potential sentence of 5-10 years in NJ state prison. The judge may also require the convicted offender to pay restitution. Additionally, owners of the retail establishments where the shoplifting occurred can sue the offender for damages in civil court. This includes the value of the merchandise in its original condition up to $500 if not returned, plus any damages that occurred in apprehending the shoplifter, and a $150 penalty. While it is obvious that the penalties for shoplifting in New Jersey can be severe, first-time offenders may be able to gain entry into a diversion program to get the criminal charges dropped. This include community service or counseling. Upon successful completion of the diversionary program, the charges against the defendant are dropped. Contact an Experienced Hackensack Shoplifting Attorney TodayFacing a shoplifting charge can have severe consequences, especially in New Jersey. This is why you need the expert advice of the legal team at Lustberg Law in Hackensack, NJ. Skilled Bergen County criminal defense attorney Adam M. Lustberg will fight for your rights and help you get back to your regular life. Contact the law firm today to schedule a free initial consultation. The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly. Via https://www.lustberglaw.com/blog/shoplifting-laws-in-new-jersey/ In New Jersey and around the country, we see that terroristic threats are on the rise. While we may think of a “terrorist” as someone from an adversarial country or fringe domestic group making threats against groups of people, anyone can be charged with a terroristic threat crime if they are threatening violence with the intention of terrorizing another person or group of people. If you have been charged with a terroristic threat, contact a terroristic threats lawyer today. In the state of New Jersey, the threat of violence is taken just as seriously as the actual commission of violence. Under N.J.S.A. 2C:12-3, a person can be convicted of a third-degree crime if “he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.” Additionally, a person can be convicted of a terroristic threat crime “if he threatens to kill another with the purpose to put him in imminent fear of death” causing the victim to believe his life is in jeopardy. Not All Terroristic Threats Are Made to Public SafetyConsequently, not all terroristic threats are threats made to public safety. In many cases, a terroristic threat can be a verbal threat between two individuals who know each other or in cases of road rage or an alcohol-induced fight in a local bar. Many terroristic threats are made in conjunction with a domestic violence situation. Because of the public and private safety aspects of terroristic threats, the state of New Jersey is taking these crimes very seriously. While you may consider a threat a minor flair of anger, the law will consider it something more. Your minor flair of anger may land you in jail facing serious criminal charges if your threat
If your threat is also coupled with the possession of a weapon, it is not only considered a more credible threat, but you may be facing additional weapons charges. In this case, when a possession of a weapon for an unlawful purpose occurs during a terroristic threat, penalties will be far more serious, with sentences possibly set by the judge to be served consecutively. If you are facing a terroristic threat charge, it is critical to get the help of an experienced New Jersey criminal defense attorney to understand the consequences, your rights under the law, and your options. Getting Legal RepresentationIf you are convicted of terroristic threats in New Jersey, you may be facing 3 to 5 years in prison and fines of up to $75,000. But there may be defenses available to you. It is important to get the support of an experienced criminal defense attorney who fully understands the law, the evidence against you, and the mindset of the prosecution in your case. Via https://www.lustberglaw.com/blog/what-are-terroristic-threats-in-new-jersey/ New Jersey has some of the strictest gun laws in the country, with severe penalties including mandatory state prison with mandatory periods of parole ineligibility. However, to be convicted of a gun crime in the first place, law enforcement must have collected the evidence lawfully and then prove specific things at trial. Depending on the charges and circumstances, an experienced New Jersey criminal defense attorney will conduct an in-depth investigation of the case to understand how law enforcement obtained the evidence and what defense strategies may apply. Common Defenses to Weapons Charges in New JerseyGun charges must be legally appropriate based on the facts and circumstances of the situation and evidence must be obtained legally. One common defense strategy to a gun charge is to challenge the legality of the search that resulted in the seizure of the evidence. If the gun was found on a premises or in a car, the police must have obtained it through the appropriate channels, either through a proper traffic stop followed by a lawful search or with a valid search warrant. Challenges to these can include:
Gun owners from out of state may find that they are in violation of New Jersey’s stricter laws even though their conduct would normally be legal in the state where they are from. Even though their permit is not recognized in New Jersey, a non-resident of New Jersey who has a permit to carry a firearm in their state of domicile may be eligible for a diversionary program. Graves Act WaiverEven if evidence cannot be challenged and charges are unlikely to be dismissed, a skilled New Jersey criminal defense attorney can negotiate with the prosecution in an attempt to get a sentence reduced. A Graves Act waiver of the mandatory-minimum sentencing may be available and a prison sentence reduced or avoided altogether. Getting the Assistance of an Experienced New Jersey Criminal Defense AttorneyGun charges in New Jersey are serious criminal offenses. A skilled criminal defense attorney will study all police reports, body camera footage, dashcam footage, and witness statements to look for any weaknesses in the prosecution’s case in order to strengthen the client’s defense. If you are facing a weapons charge, contact New Jersey criminal defense attorney Adam M. Lustberg to understand your rights under the law and discuss a possible defense strategy. Via https://www.lustberglaw.com/blog/how-to-beat-a-gun-charge-in-nj/ Laws concerning low-level drugs have been changing around our country over the past few years. Some drug laws are in a state of flux in some areas of the country, with several states reconsidering outdated drug classifications. Much of this is in response to how ineffective these laws have been and how these criminal charges have the ability to seriously upend an offender’s life. While hallucinogenic mushrooms are still considered Schedule 1 drugs in New Jersey, possession of small amounts has been reclassified. Now, instead of being charged with possession of a controlled substance, if you have been found with one ounce or less of these mushrooms, the most stringent penalty will be six months in jail and a maximum fine of $1,000 under the new classification. Before you make any decisions, it is important to speak with a New Jersey drug crimes lawyer. The Psychoactive Nature of Hallucinogenic MushroomsThe federal government first banned “psychedelic” mushrooms back in 1970 as part of the nation’s efforts to stop recreational drug use. But since the Nixon-era “war on drugs,” much of the nation’s response has been ineffective and expensive, often targeting the lowest-level offenders. Hallucinogenic mushrooms contain a compound called psilocybin. This compound has psychoactive effects and has been considered a Schedule I drug under the Controlled Substances Act. But like other cases of low-level psychoactive substances, New Jersey still groups them with other more harmful drugs such as heroin, methamphetamine, and cocaine which carry a much higher risk for abuse. If it Has Been Reclassified, Is Possession of Mushrooms Still a Criminal Offense?In recent years, some states and cities around the country have decriminalized these mushrooms, making them a low priority for law enforcement. In New Jersey, although possessing and selling hallucinogenic mushrooms is still a criminal offense, as of February 2021, possession of less than an ounce of these mushrooms has been reclassified as a disorderly person’s offense. Now, someone caught with less than one ounce of these mushrooms will face up to six months in jail and/or a fine of up to $1,000 compared to previous much more serious penalties. Possession of over an ounce of these mushrooms is still considered a serious drug offense. Possession of a Schedule I controlled dangerous substance, of which mushrooms are still considered, can be charged and prosecuted as a third-degree offense. If you are found with over an ounce of these mushrooms, you can still face up to 5 years in prison and fines of up to $35,000. Furthermore, you will have a criminal record that may follow you for the rest of your life. What is Considered Hallucinogenic Mushroom Possession?Simple possession in New Jersey under N.J.S.A. § 2C:35-10 is simply having the mushrooms on you. Under possession laws, it is unlawful to
If you were in possession of these mushrooms with the intent to sell them to someone else or even just share them, you may face higher penalties. If you have been arrested and charged with possession of hallucinogenic mushrooms in New Jersey, you should get legal representation as soon as possible. At Lustberg Law Offices, our experienced New Jersey criminal defense lawyers understand the new classification and how it can make a big difference in how you are charged, prosecuted, and penalized. Call us at (201) 880-5311 or contact us online to schedule a no-cost consultation. Via https://www.lustberglaw.com/blog/is-possession-of-mushrooms-a-felony-in-new-jersey/ |
About UsAdam Lustberg is a New Jersey criminal defense attorney who represents clients accused of DWI, domestic violence, homicide, weapons offenses, drug crimes as well as many other misdemeanors and felonies. Mr. Lustberg represents defendants in New Jersey as well as New York in municipal and superior courts. If you are looking for a defense lawyer call for a free consultation today: (201) 880-5311 FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Yelp Superlawyers Justia GMB Google Sites Follow.it Newsblur Pearltrees 500px Feedspot Bravesites Shutterfly Feedly Skillshare Alltop Feeder.co Bloglovin Mystrikingly Ted Paper.li Disqus Kickstarter Medium Google Calendar Archives
March 2023
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