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30 Jan
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Posted by Mollo Law Firm
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DWI in Manalapan? It is imperative that you have an experienced Manalapan DWI attorney on your side. The right DWI lawyer can make all the difference. This law firm has extensive experience with DWI and DUI cases throughout New Jersey. Our office is located just minutes from the Manalapan Municipal Court.
Drunk driving offenses in Manalapan are among the most serious charges an individual can face. In addition to the severe penalties imposed by the Court, DWI defendants experience the embarrassment and stress associated with these potentially life-altering charges.
New Jersey has some of the toughest drunk driving laws in the country. Individuals convicted of DWI in Manalapan face mandatory license suspension, fines, penalties and, in some cases, the imposition of an interlock device on their vehicle. Individuals are also exposed to jail for a first and second offense, and mandatory jail for a third or subsequent offense.
If you or someone you know is charged with DWI in Manalapan, New Jersey, it is imperative that you have an experienced Manalapan DWI lawyer. A trained attorney can review the evidence against you, recommend a legal strategy, arrange a plea bargain with the prosecutor or, if necessary, conduct a trial before the Judge.
The Mollo Law Firm, New Jersey DWI attorneys, has experience handling cases of this nature in Manalapan and throughout New Jersey. We vigorously pursue all available legal options in an effort to obtain a favorable result. We provide sophisticated energy and fresh ideas for every client, every day. Al Mollo recently appeared on television as an authority on Municipal Court cases including, but not limited to, DWI cases in Manalapan. The right Manalapan DWI lawyer can make all the difference. Contact our offices for a free consultation. You can reach us at (732) 747-1844 or e-mail Al Mollo directly at amollo@mollolawfirm.com. You may also visit our website at www.mollolawfirm.com. Thank you.
Click to Watch Al Mollo on TV
| Category: Criminal Law, DWI Law | Tag: attorney, drunk, DUI, DWI, lawyer, Manalapan, New Jersey, NJ |
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27 Jan
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Posted by Mollo Law Firm
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A Board of Education member who resigned days before being disqualified by the state said that he broke someone’s jaw when he was a teenager and that he is now “being punished” more than three decades after the fact.
Reached for comment Thursday, Steve Rogan, 49, of Poplar Street, said he resigned because of family health concerns and that he was disqualified by the state from serving on the board because of an incident that occurred in 1981, when he was a juvenile living in the borough.
“What happened was when I was 17, I broke somebody’s jaw, aggravated assault, and I didn’t go to court until I was 18, and that’s the reason I’m not allowed on the Board of Ed.,” Rogan said. “Thirty-one years ago I did something and I’m being punished by the government, by the governor.”
The Board of Education is looking to fill a vacancy following Rogan’s resignation. Rogan, who had served on the board since April of 2009, filed his letter of resignation on Jan. 4, according to Corey J. Lowell, business administrator and board secretary.
The board received a Jan. 5 letter from the state Department of Education Criminal History Review Unit stating that Rogan had not completed the fingerprinting process required for the criminal history background check. In a letter dated Jan. 10, the state told the board that Rogan “was disqualified from serving as a board member due to a disqualifying event,” Lowell said Wednesday.
Allison Kobus, a spokesperson for the state Department of Education, said Thursday that by law the state cannot disclose the results of a criminal background check.
The disqualification comes under a law signed by Gov. Chris Christie last May requiring all board members to comply with criminal background checks and step down if they have past convictions for a wide array of crimes. Kobus said there is no time limit for how far back in a board’s member’s past the convictions occurred.
Rogan isn’t the first school official in Monmouth County to step down under the law; last September, Asbury Park school board president Remond Palmer was permanently disqualified from serving on the board due to a 1989 cocaine possession conviction.
According to a post on the Keansburg school district’s website, the Board of Education is accepting applicants for Rogan’s seat on the board through Feb. 16, with interviews to be conducted Feb. 28 at the board’s regularly scheduled meeting at 7 p.m. at the Joseph Bolger Middle School, 100 Palmer Place. The term will run until November, when it will be placed on the ballot at the annual election, according to the notice.
This story is yet another example of why an expungement is so important. Whenever a person is charged with a crime, he or she will have a “criminal record.” Evidence of the criminal arrest will remain regardless of how the case is resolved. As such, it is important for anyone who has been charged with a crime to consult an expungement attorney to discuss the expungement process.
Even if a case is dismissed, the criminal record including any fingerprints, photographs and the record of the charge/arrest remain on their record forever. If a defendant is convicted of the crime, it is even more important to assess eligibility for expungement. An experienced expungement lawyer can help. Criminal records can follow a defendant long beyond the day he or she left the courthouse. Prospective employers, colleges and universities, insurance companies, landlords, adoption agencies, banks, and mortgage lenders routinely check these records for evidence of a criminal past.
The right to have an arrest or conviction expunged is rooted in New Jerseystatute. The law provides that “expungement shall mean the extraction and isolation of all records on file.” N.J.S.A. 2C:52-1(a). “If an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly.” N.J.S.A. 2C:52-1(a). The plain language of this statute reveals that, in nearly all instances, if you are questioned about the existence of an arrest or conviction you may legally deny that such an event ever took place.
The law also sets forth the public policy motivations behind the process: “This chapter shall be construed with the primary objective of providing relief to the one-time offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby periodic violators of the law or those who associate themselves with criminal activity have a regular means of expunging their police records.” N.J.S.A. 2C:52-52.
If the expungement is granted, “all records specified in the expungement order shall be removed from the files of the agencies…and shall be placed in the control of a person who has been designated by the head of each such agency.” This is designed to “ensure that such records or the information contained therein are not related for any reason and are not utilized or referred to for any purposes.” If someone were to make a request for information concerning your criminal record, “all noticed officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information.” N.J.S.A. 2C:52-15. Any person who reveals to another the existence of an arrest, conviction or related legal proceedings may be charged with a criminal disorderly persons offense. N.J.S.A. 2C:52-30
This law firm has experience helping clients obtain expungements throughout New Jersey. Al Mollo, Esq. recently in a television commercial explaining the benefits of a New Jersey expungement. Please contact our office at (732) 747-1844 or e-mail Al Mollo directly at amollo@mollolawfirm.com. You can also visit our website at www.mollolawfirm.com for more information. Thank you.
Source: app.com, 1/27/12
| Category: Criminal Law, Uncategorized | Tag: attorney, criminal, defense, expungement, lawyer, New Jersey |
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25 Jan
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Posted by Mollo Law Firm
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Tips for New Jersey Municipal Court
Most of us will eventually end up in a Municipal Court. The process is not fun and often confusing for defendants. Whether you are charged with a simple traffic ticket or a more serious offense like DWI, it is important that you keep certain things in mind to help make you experience in Court less stressful:
1. Be on time.
One of the quickest ways to get on a Judge’s bad side is to be late. This can adversely influence the Judge’s perception of you. It can also result in more serious consequences, like an arrest warrant or monetary sanction. Afford enough time to get to Court, factoring in traffic and time to park. If you are unfamiliar with the area, you may want to do a “test run” prior to your Court date.
2. Dress appropriately.
Be mindful of your audience when getting dressed for Court. Of course, we all have different ideas of what looks “good.” This is not to suggest that you abandon your individual sense of style. However, some general rules should be kept in mind: avoid jeans, hats, provocative or revealing clothing, or anything that might be perceived to offend the dignity of the Court.
3. Turn off your cell phone.
Few things upset Judges as much as cell phones ringing in Court. Some Judges will give a dirty look, others a public scolding and some will even confiscate your phone. So turn it off, put it on silent mode or leave it in the car.
4. Be prepared to hurry up and wait.
The wheels of justice turn slowly. Court sessions are very long and can last several hours. You should prepare mentally for this and make appropriate arrangements for other personal, employment and child care obligations.
5. When in doubt, remain silent.
“You have the right to remain silent. Anything you say can and will be used against you in a Court of law.” These words have been branded in our minds from crime novels and television dramas. Indeed, the right to remain silent is sacred. Defendants should be very careful about making any statements whatsoever that relate to the charges. Statements made to the Judge, prosecutor, court officers, co-defendants or any other individuals could, potentially, be used against you. So be careful. Be quiet.
6. Address the Judge respectfully.
Respect the robe. Judges expect and deserve due deference. Always address the Judge as “Your Honor.” Small things like this go a long way. Conversely, a Judge’s perception that a defendant is being disrespectful can derail the case in a hurry.
These are just a few things to keep in mind before your New Jersey Municipal Court appearance. Of course, it is always in your best interest to consult an attorney. A trained New Jersey Municipal Court lawyer can advise you of your rights and potential consequences.
The Mollo Law Firm, New Jersey DWI attorneys, has experience handling cases of this nature throughout New Jersey. We represent clients in Courts throughout the state. Al Mollo recently appeared on television as an authority on New Jersey Municipal Court cases. We vigorously pursue all available legal options in an effort to obtain a favorable result. We provide sophisticated energy and fresh ideas for every client, every day. Please contact our office at (732) 747-1844 or e-mail Al Mollo directly at amollo@mollolawfirm.com. You can also visit our website at www.mollolawfirm.com for more information. Thank you.
Click to Watch Al Mollo on TV
| Category: Criminal Law, DWI Law | Tag: attorney, defense, lawyer, Municipal Court, New Jersey |
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24 Jan
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Posted by Mollo Law Firm
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The Supreme Court ruled on Monday that police cannot put a GPS device on a suspect’s car to track his movements without a warrant, a test case that upholds basic privacy rights in the face of new surveillance technology.
The high court ruling was a defeat for the Obama administration, which had argued that a warrant was not required to use global positioning system devices to monitor a vehicle on public streets.
The justices unanimously upheld a precedent-setting ruling by a U.S. appeals court that the police must first obtain a warrant to use a GPS device for an extended period of time to covertly follow a suspect.
The high court ruled that placement of a device on a vehicle and using it to monitor the vehicle’s movements was covered by U.S. constitutional protections against unreasonable searches and seizures of evidence.
There are no precise statistics on how often police in the United States use GPS tracking in criminal investigations. But the Obama administration told the court last year it was used sparingly by federal law enforcement officials.
The American Civil Liberties Union rights group hailed the ruling as an important victory for privacy. “While this case turned on the fact that the government physically placed a GPS device on the defendant’s car, the implications are much broader,” Steven Shapiro of the ACLU said.
“A majority of the court acknowledged that advancing technology, like cell phone tracking, gives the government unprecedented ability to collect, store, and analyze an enormous amount of information about our private lives,” he said.
SUSPECTED DRUG TRAFFICKER
The case began in 2005 when police officers went to a public parking lot in Maryland and secretly installed a GPS device on a Jeep Grand Cherokee used by a Washington, D.C. nightclub owner, Antoine Jones.
Jones was suspected of drug trafficking and the police tracked his movements for a month. The resulting evidence played a key role in his conviction for conspiring to distribute cocaine.
The appeals court had thrown out Jones’s conviction and his
life-in-prison sentence, and ruled prolonged electronic monitoring of the vehicle amounted to a search.
All nine justices agreed in upholding the appeals court decision, but at least four justices would have gone even further in finding fault not only with the attachment of the device, but also with the lengthy monitoring.
In summarizing the court’s majority opinion from the bench, Justice Antonin Scalia said attachment of the device by the police was a trespass and an improper intrusion of the kind that would have been considered a search when the Constitution was adopted some 220 years ago.
The administration argued that even if it were a search, it was lawful and reasonable under the Constitution. Scalia said his opinion did not decide that issue and some more difficult problems that may emerge in a future case, such as a six-month monitoring of a suspected terrorist.
Joining Scalia’s opinion were Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas and Sonia Sotomayor.
Sotomayor wrote separately to say the case raised difficult questions about individual privacy expectations in a digital age, but said the case could be decided on narrower grounds over the physical intrusion in attaching the device.
LONG-TERM MONITORING
Justice Samuel Alito wrote a separate opinion that Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan joined. He wrote that he would have decided the case by holding that Jones’s reasonable privacy expectations were violated by long-term monitoring of his vehicle’s movements.
Alito said in recent years many new devices have emerged that track a person’s movements, including video surveillance in some cities, automatic toll collection systems on roads, devices on cars that disclose their location, cell phones and other wireless devices.
“The availability and use of these and other new devices will continue to shape the average person’s expectations about the privacy of his or her daily movements,” he wrote.
One law professor said those four justices were clearly concerned about the potential impact of new technologies and believed extended monitoring likely required a warrant so law enforcement should “be on the safe side and get a warrant.”
“This is an indication that there are justices who are recognizing that privacy norms are shifting but the fact that people’s lives take place increasingly online does not mean that society has decided that there’s no such thing as privacy anymore,” said Joel Reidenberg, a law professor at Fordham University in New York.
The Supreme Court case is United States v. Antoine Jones, No. 10-1259.
We are experienced New Jersey criminal defense attorneys. We will continue to monitor these important developments in criminal law. We handle criminal cases throughout New Jersey. We will defend your rights and vigorously pursue all available legal defenses. Contact our offices for a free consultation. You can reach us at (732) 747-1844 or e-mail Al Mollo directly at amollo@mollolawfirm.com. You may also visit our website at www.mollolawfirm.com. Thank you.
From Reuters, 1/23/12
Click to Watch Al Mollo on TV
| Category: Criminal Law | Tag: attorney, criminal, defense, lawyer, New Jersey, warrant |
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23 Jan
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Posted by Mollo Law Firm
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Click to Watch Al Mollo on TV
| Category: Criminal Law | Tag: attorney, Belmar, cds, drug, lawyer, marijuana, NJ, possession |
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21 Jan
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Posted by Mollo Law Firm
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Charged with Shoplifting in Holmdel?
Shoplifting is type of theft that occurs when a person enters a store and steals goods with no intention of paying. In most cases, shoplifting is discovered once the person tries to exit the store and security or an alarm detector detects merchandise that has not been purchased. Many people charged with New Jersey shoplifting crimes are good, productive citizens who made an unfortunate mistake. These people deserve a second chance. Additionally, not everyone accused of shoplifting is guilty. As such, it is imperative that you have an experienced Holmdel, NJ shoplifting attorney on your side. Indeed, the right shoplifting lawyer can make all the difference.
Fighting Holmdel shoplifting cases can be challenging. Holmdel shoplifting cases often involve strong evidence, such as video surveillance, that places the defendant at the scene. There may also be witnesses, including store employees or security personnel, who may testify at the time of trial. Finally, the merchandise itself may be used as evidence if it was found on the defendant’s body or in their vehicle.
An experienced Holmdel shoplifting lawyer can evaluate all of the evidence and develop case strategy, even if it seems as though there is a slim chance of avoiding a conviction. For instance, your attorney can challenge witness testimony, the constitutionality of the search and how the evidence was processed by law enforcement. An experienced Holmdel shoplifting lawyer will examine the store video, interview witnesses and conduct an independent investigation. An experienced shoplifting attorney will demand proof of every retail charge and ensure that police followed all rules when conducting their investigation.
Fines & Monetary Penalties
The penalties for New Jersey shoplifting charges are potentially devastating.
Fines:
| Second Degree Shoplifting: | Fine of up to $150,000 | |
| Third Degree Shoplifting: | Fine of up to $15,000 | |
| Fourth Degree Shoplifting: | Fine of up to $10,000 | |
| Disorderly Persons Shoplifting: | Fine of up to $1,000 |
Jail:
| Second Degree Shoplifting: | Up to 10 Years in Jail | |
| Third Degree Shoplifting: | Up to 5 Years in Jail | |
| Fourth Degree Shoplifting: | Up to 18 Months in Jail | |
| Disorderly Persons Shoplifting: | Up to 6 Months in Jail |
* Anyone convicted of three or more Shoplifting offenses must serve 90 days in jail.
Community Service:
| First Offense Shoplifting: | 10 Days Community Service | |
| Second Offense Shoplifting: | 15 Days Community Service | |
| Third Offense Shoplifting: | 25 Days Community Service |
The Mollo Law Firm handles shoplifting cases in Holmdel and throughout New Jersey. If you have been charged with Shoplifting in Holmdel, or anywhere in New Jersey, it is important that you have an experienced New Jersey Shoplifting attorney. Al Mollo recently appeared on televisionas an authority on Municipal Court cases including, but not limited to, shoplifting cases in Holmdel. The right Holmdel shoplifting lawyer can make all the difference. Contact our offices for a free consultation. You can reach us at (732) 747-1844 or e-mail Al Mollo directly at amollo@mollolawfirm.com. You may also visit our website at www.mollolawfirm.com. Thank you.
Click to Watch Al Mollo on TV
| Category: Criminal Law | Tag: attorney, criminal, defense, Holmdel, lawyer, Shoplifting |
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21 Jan
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Posted by Mollo Law Firm
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From app.com, January 21, 2012
A Leonardo man is facing various charges after police found he had broken into a Carr Avenue home Friday, stole a cell phone and then fell asleep on the couch.
Dennis Bannon, whose age was not provided by police, of the Leonardo Motel on Route 36 was found sleeping on the couch at about 3:30 p.m. when the homeowners came back to their residence, according to Deputy Chief of Police Michael Piggott.
The residents called the police and it took responding officers several minutes to awaken Bannon from his sleep, Piggott said.
Bannon was in possession of a cell phone that belonged to the homeowners, police said.
Bannon is charged with burglary, theft, criminal trespass and possession of stolen property, police said.
Bail was set at $20,000 with no 10 percent and Bannon was being sent to the Monmouth County Jail in Freehold Township on Friday night, police said.
Police did not provide a photograph of Bannon.
The Mollo Law firm has extensive experience handling burglary, theft, criminal tresspas and all criminal matters in Keansburg and throughout New Jersey. Please call our office at (732) 747-1844 for a free consultation. You may also visit our website at www.mollolawfirm.com. Thank you.
Click to Watch Al Mollo on TV
| Category: Criminal Law | Tag: attorney, criminal defense, Keansburg, lawyer, theft |
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18 Jan
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Posted by Mollo Law Firm
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We are pleased to announce that Al Mollo has successfully argued that the doctor-patient privilege extends to EMS workers, an argument that has never before been decided by a New Jersey Court in a reported decision. As a result of the ruling, DWI charges against our client were dismissed. The foundation of this victory has the potential to fundamentally reshape New Jersey law.
The physician-patient privilege protects confidential communications between a doctor and patient. The purpose of the privilege is to enable the patient to secure medical services without fear of betrayal and embarrassing disclosure of information, which might deter her from revealing symptoms to the detriment of her health.
The law defines patient as “a person who, for the sole purpose of securing preventive, palliative, or curative treatment, or a diagnosis preliminary to such treatment, of his physical or mental condition, consults a physician, or submits to an examination by a physician.” The statute defines “physician” as “a person authorized or reasonably believed by the patient to be authorized, to practice medicine in the State or jurisdiction in which the consultation or examination takes place.” While this definition has been extended to include nurses, there is no reported caselaw in New Jersey concerning application to EMS workers.
In making this important argument, Mr. Mollo cited caselaw from other jurisdictions, the National Association of EMT’s Code of Ethics and the strong public policy favoring the privilege. Specifically, he argued that our client offered the statement in furtherance of facilitating medical treatment. As a result, to use the communication as fuel for a subsequent prosecution would fundamentally offend the very purpose of the rule.
The Court agreed. Upon finding that the statement was protected by the privilege, the Court ruled that the arresting officer did not have probable cause to arrest our client on suspicion of DWI. As such, the charges were dismissed.
This case once again reveals the importance of vigorous representation and relentless pursuit of all available defenses. We remain committed to staying on the cutting edge of this evolving area of law.
The Mollo Law Firm, New Jersey DWI attorneys, has experience handling cases of this nature throughout New Jersey. We represent clients in Courts throughout the state. Al Mollo recently appeared on television as an authority on Municipal Court cases including, but not limited to, New Jersey DWI cases. We vigorously pursue all available legal options in an effort to obtain a favorable result. We provide sophisticated energy and fresh ideas for every client, every day. Please contact our office at (732) 747-1844 or e-mail Al Mollo directly at amollo@mollolawfirm.com. You can also visit our website at www.mollolawfirm.com for more information. Thank you.
Click to Watch Al Mollo on TV
| Category: DWI Law | Tag: attorney, defense, doctor-patient privilege, DUI, DWI, lawyer, New Jersey |
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17 Jan
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Posted by Mollo Law Firm
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DWI in Tinton Falls? It is imperative that you have an experienced Tinton Falls DWI attorney on your side. The right DWI lawyer can make all the difference. This law firm has extensive experience with DWI and DUI cases in Tinton Falls. Our office is located just minutes from the Tinton Falls Municipal Court.
Drunk driving offenses in Tinton Falls are among the most serious charges an individual can face. In addition to the severe penalties imposed by the Court, DWI defendants experience the embarrassment and stress associated with these potentially life-altering charges.
New Jersey has some of the toughest drunk driving laws in the country. Individuals convicted of DWI in Tinton Falls face mandatory license suspension, fines, penalties and, in some cases, the imposition of an interlock device on their vehicle. Individuals are also exposed to jail for a first and second offense, and mandatory jail for a third or subsequent offense.
If you or someone you know is charged with DWI in Tinton Falls, New Jersey, it is imperative that you have an experienced Tinton Falls DWI lawyer. A trained attorney can review the evidence against you, recommend a legal strategy, arrange a plea bargain with the prosecutor or, if necessary, conduct a trial before the Judge.
The Mollo Law Firm, New Jersey DWI attorneys, has experience handling cases of this nature in Tinton Falls and throughout New Jersey. We represent clients in Courts throughout the state. Al Mollo recently appeared on television as an authority on Municipal Court cases including, but not limited to, New Jersey DWI cases. We vigorously pursue all available legal options in an effort to obtain a favorable result. We provide sophisticated energy and fresh ideas for every client, every day. Please contact our office at (732) 747-1844 or e-mail Al Mollo directly at amollo@mollolawfirm.com. You can also visit our website at www.mollolawfirm.com for more information. Thank you.
Click to Watch Al Mollo on TV
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9 Jan
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Posted by Mollo Law Firm
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DWI in Aberdeen? It is imperative that you have an experienced Aberdeen DWI attorney on your side. The right DWI lawyer can make all the difference. This law firm has extensive experience with DWI and DUI cases in Aberdeen. Our office is located just minutes from the Aberdeen Municipal Court.
Drunk driving offenses in Aberdeen are among the most serious charges an individual can face. In addition to the severe penalties imposed by the Court, DWI defendants experience the embarrassment and stress associated with these potentially life-altering charges.
New Jersey has some of the toughest drunk driving laws in the country. Individuals convicted of DWI in Aberdeen face mandatory license suspension, fines, penalties and, in some cases, the imposition of an interlock device on their vehicle. Individuals are also exposed to jail for a first and second offense, and mandatory jail for a third or subsequent offense.
If you or someone you know is charged with DWI in Aberdeen, New Jersey, it is imperative that you have an experienced Aberdeen DWI lawyer. A trained attorney can review the evidence against you, recommend a legal strategy, arrange a plea bargain with the prosecutor or, if necessary, conduct a trial before the Judge.
The Mollo Law Firm, New Jersey DWI attorneys, has experience handling cases of this nature in Aberdeen and throughout New Jersey. We represent clients in Courts throughout the state. Al Mollo recently appeared on television as an authority on Municipal Court cases including, but not limited to, New Jersey DWI cases. We vigorously pursue all available legal options in an effort to obtain a favorable result. We provide sophisticated energy and fresh ideas for every client, every day. Please contact our office at (732) 747-1844 or e-mail Al Mollo directly at amollo@mollolawfirm.com. You can also visit our website at www.mollolawfirm.com for more information. Thank you.
Click to Watch Al Mollo on TV
