It is a common misconception that domestic violence is a criminal charge, but domestic violence is actually a term that refers to various offenses committed by a person who has a certain type of relationship with the victim. Domestic violence can only occur between current or former spouses, people who have a dating relationship or were formerly dating, and people who are cohabitating in the same household or are former cohabitants. That includes siblings, parents, any relative, or anyone else who you’ve lived with—even a college roommate.
What Are Possible Defenses against DWI charges in New Jersey?
The consequences of a DWI conviction can ruin your relationships, stifle your career, and take away important freedoms. If you were in fact driving under the influence before being arrested, you might think that fighting the charges would be pointless. This, however, is never true.
Should I Refuse the Breathalyzer Test?
Many people believe that it is better to refuse the breathalyzer test if they are stopped under suspicion of DWI. Some drivers assume that if they blow over the limit, the State will have more evidence to use against them than if they refuse to take the test.
NJ Supreme Court Makes it Clear When a Police Stop Becomes Detention
Newark, NJ- New Jersey Supreme Court justices recently decided a case that challenged the difference between a police stop and detention. In the case, State of New Jersey vs. Lurdes Rosario, which was decided on June 6, 2017; the New Jersey Supreme Court was asked to make clear when an officer’s field inquiry transitions into an investigative detention in criminal cases. The distinction is important because the individual subjected to a field inquiry should feel free to leave whereas someone subject to detention should be informed of their Miranda rights.
NJ Supreme Court Narrows Double Jeopardy Rules
Newark, NJ-In a recent ruling, the New Jersey Supreme Court narrowed the state’s double jeopardy rules, making it harder to prove in criminal cases in which a defendant is facing multiple charges for related offenses. The ruling in State vs. Rodney J. Miles, which was decided on May 16, 2017, will now bring New Jersey’s double jeopardy rules more in line with federal law.
Appeals Court Rules for Immigrant Given Legal Advice by Fraudulent Attorney
Newark, NJ- The Fourth District Court of Appeals ruled in favor of a Romanian immigrant, Ann Marie Rila, giving her the opportunity to challenge a guilty plea she entered in a criminal case based on the advice of man posing as an immigration attorney. Her case should serve as a warning to immigrants who find themselves in legal trouble. It is a reminder to check the professional credentials of any immigration attorney they consult about their case.