JERSEY CITY, NEWARK, and ELIZABETH, New Jersey. In 2016, 32,000 people were arrested for marijuana possession, despite the ongoing debate about legalizing marijuana in New Jersey. According to the New York Times, New Jersey is considering legalizing recreational marijuana, but the debate has raised many questions about past enforcement efforts and the fate of individuals awaiting trial. Many critics of past marijuana enforcement argue that minority offenders were often targeted by police. According to the New York Times, if you are black in New Jersey, you are three times more likely to be arrested for marijuana possession than if you are white. [Read more…] about Arrested for Marijuana Possession in New Jersey: What You Need to Know
10 Ways to Fight a DUI in New Jersey
ELIZABETH, New Jersey. Have you been arrested for a DUI in Elizabeth, New Jersey? Under N.J.S.A. 39:4-50(a) individuals can be arrested for appearing to operate a motor vehicle while under the influence of drugs, or if the driver is found to have a blood alcohol concentration of 0.08% or more. The consequences of a first-time DUI conviction in New Jersey can be serious. You could face fines up to $400, face jail time, lose your driver’s license for 3 months, and face other penalties. The collateral consequences of having a DUI on your record can also be high. A DUI can impact your ability to work certain jobs, can increase your insurance rates, and can impact your ability to access certain federal programs. If you have been arrested for a DUI in New Jersey, it is important to understand that you are innocent until proven guilty. The DWI lawyers in Elizabeth, New Jersey at the Law Office of Eric M. Mark can assist you with fighting your DWI. Every case is unique, but here are some ways you may be able to fight your DWI in Elizabeth, New Jersey: [Read more…] about 10 Ways to Fight a DUI in New Jersey
Child Endangerment for Substance Use: Your Rights in New Jersey
JERSEY CITY, and NEWARK, New Jersey. Across the country, “chemical endangerment” and “fetal assault” laws are being used to convict pregnant women of crimes. According to Amnesty International, in Alabama, women can be convicted for “chemical endangerment” if they are found to have been using drugs or if their babies are born with drugs in their systems. In some cases, the women being charged with these crimes may not have even known they were pregnant. Some women are choosing to avoid receiving drug treatment and even prenatal care because they fear being thrown in jail. [Read more…] about Child Endangerment for Substance Use: Your Rights in New Jersey
Drug Convictions and Child Custody: What You Need to Know
NEWARK, JERSEY CITY, and ELIZABETH, New Jersey. If you are a parent, drug convictions can come with serious collateral consequences. One of these is that child protective services can take your children away from you if they determine that your behavior may have posed a danger or risk to your children. According to the New York Times, for parents who have had their children taken into child protective services, they often face a strict timeline to get sober. Even those parents who do get sober, face immense hurdles to getting their children back. In more and more cases, child protective services have been putting children up for adoption when their parents fail to get sober or fail to prove sufficiently to the court that they won’t pose a danger to their children. [Read more…] about Drug Convictions and Child Custody: What You Need to Know
Can I Expunge Drug Distribution or Sale Charges?
NEWARK, ELIZABETH, JERSEY CITY, New Jersey. Having a criminal record comes with serious collateral consequences. Not only can a criminal record appear on a job background check, it can appear on a credit report check, and it can impact a person’s ability to obtain certain professional licenses. Having a criminal record can make it difficult to access certain forms of public aid to attend school, get housing, or even affect your ability to travel. These consequences can haunt individuals long after they have served their time in jail. Fortunately, for individuals who have met certain requirements, certain types of drug charges are eligible for expungement. Most minor drug charges can now be removed from your record after 6 years, and in some cases, these charges can be removed from your record after 5 years. Previously, most drug distribution convictions were ineligible for expungement, but under new laws more individuals with drug distribution convictions will be eligible for expungement. [Read more…] about Can I Expunge Drug Distribution or Sale Charges?
Why Did Opioid Makers Avoid Jail Time?
JERSEY CITY and NEWARK. Possession or sale of opioids, like fentanyl or other prescription drugs can result in serious jail time and charges. As we here at the Law Office of Eric M. Mark have written about, even individuals who call the police seeking help for a friend or loved one for opioid addiction can face jail time for endangering police or face jail time for possession. The New York Times recently reported that individuals who have called the police to report overdoses have sometimes faced charges of reckless conduct when they were found to have fentanyl in their homes or were found to have handled the drug in a manner that could have exposed others on the scene to the drug. According to the National Institute on Drug Abuse, there were 72,000 drug overdose deaths in 2017, with the large increase in overdoses being blamed on fentanyl use. Accidental exposure to fentanyl is not a known cause of death. [Read more…] about Why Did Opioid Makers Avoid Jail Time?