Click to Watch Al Mollo Discuss New Jersey Expungements

About Red Bank Expungements

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 experienced Red Bank 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 Red Bank 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. 

New Jersey Expungement Law

The right to have an arrest or conviction expunged is rooted in New Jersey statute.  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. 

Waiting Time for New Jersey Expungements

The law creates waiting periods before an applicant can apply for an expungement.  The amount of time necessary to wait before filing an expungement application depends upon the nature of the underlying offense:

 New Jersey Expungement Process

The expungement process in New Jersey is somewhat complex.  Necessary documents must be served on the Superior Court Judge, New Jersey Attorney General, Superintendent of the New Jersey State Police, County Prosecutor’s Office, Chief of Police Department, and sitting Municipal Court Judge.

All documents must be sent via Certified Mail with return receipt requested, proof of which must be included in the final application.  In most cases, an expungement can be obtained without the need for the applicant to appear in Court.

The process starts by filing a Verified Petition, Verification signed by the applicant, Order Fixing Hearing Date and Order for Expungement of Records with the expungement clerk in the county in which the charge originated.  Upon receipt of these documents, a New Jersey Superior Court Judge will sign the Order setting a hearing date.   Once the applicant’s Red Bank expungement attorney has received this Order, it must be served on all necessary law enforcement agencies.  This will give the agencies an opportunity to raise objection to the application.  Absent objection, a Superior Court Judge will decide the petition on or around the hearing date.  In the event objection is raised, the Court will entertain oral argument on the hearing date.

If the Order for Expungement is signed, it must then be served on all of the law enforcement agencies and the underlying court.

This law firm has experience helping clients obtain expungements in Red Bank and 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.  We have published a website regarding expungements exclusively at www.EraseThatRecord.com.  Thank you.

Click to Watch Al Mollo Discuss New Jersey Expungements

About Monmouth County Expungements

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 experienced Monmouth County 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 Monmouth County 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. 

New Jersey Expungement Law

The right to have an arrest or conviction expunged is rooted in New Jersey statute.  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. 

Waiting Time for New Jersey Expungements

The law creates waiting periods before an applicant can apply for an expungement.  The amount of time necessary to wait before filing an expungement application depends upon the nature of the underlying offense:

 New Jersey Expungement Process

The expungement process in New Jersey is somewhat complex.  Necessary documents must be served on the Superior Court Judge, New Jersey Attorney General, Superintendent of the New Jersey State Police, County Prosecutor’s Office, Chief of Police Department, and sitting Municipal Court Judge.

All documents must be sent via Certified Mail with return receipt requested, proof of which must be included in the final application.  In most cases, an expungement can be obtained without the need for the applicant to appear in Court.

The process starts by filing a Verified Petition, Verification signed by the applicant, Order Fixing Hearing Date and Order for Expungement of Records with the expungement clerk in the county in which the charge originated.  Upon receipt of these documents, a New Jersey Superior Court Judge will sign the Order setting a hearing date.   Once the applicant’s Monmouth County expungement attorney has received this Order, it must be served on all necessary law enforcement agencies.  This will give the agencies an opportunity to raise objection to the application.  Absent objection, a Superior Court Judge will decide the petition on or around the hearing date.  In the event objection is raised, the Court will entertain oral argument on the hearing date.

If the Order for Expungement is signed, it must then be served on all of the law enforcement agencies and the underlying court.

This law firm has experience helping clients obtain expungements in Monmouth County and 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.  We have published a website regarding expungements exclusively at www.EraseThatRecord.com.  Thank you.

Click to Watch Al Mollo Discuss New Jersey Expungements

About Freehold Expungements

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 experienced Freehold 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 Freehold 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. 

New Jersey Expungement Law

The right to have an arrest or conviction expunged is rooted in New Jersey statute.  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. 

Waiting Time for New Jersey Expungements

The law creates waiting periods before an applicant can apply for an expungement.  The amount of time necessary to wait before filing an expungement application depends upon the nature of the underlying offense:

 New Jersey Expungement Process

The expungement process in New Jersey is somewhat complex.  Necessary documents must be served on the Superior Court Judge, New Jersey Attorney General, Superintendent of the New Jersey State Police, County Prosecutor’s Office, Chief of Police Department, and sitting Municipal Court Judge.

All documents must be sent via Certified Mail with return receipt requested, proof of which must be included in the final application.  In most cases, an expungement can be obtained without the need for the applicant to appear in Court.

The process starts by filing a Verified Petition, Verification signed by the applicant, Order Fixing Hearing Date and Order for Expungement of Records with the expungement clerk in the county in which the charge originated.  Upon receipt of these documents, a New Jersey Superior Court Judge will sign the Order setting a hearing date.   Once the applicant’s Freehold expungement attorney has received this Order, it must be served on all necessary law enforcement agencies.  This will give the agencies an opportunity to raise objection to the application.  Absent objection, a Superior Court Judge will decide the petition on or around the hearing date.  In the event objection is raised, the Court will entertain oral argument on the hearing date.

If the Order for Expungement is signed, it must then be served on all of the law enforcement agencies and the underlying court.

This law firm has experience helping clients obtain expungements in Freehold and 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.  We have published a website regarding expungements exclusively at www.EraseThatRecord.com.  Thank you.

Click to Watch Al Mollo Discuss New Jersey Expungements

About New Jersey Expungements

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 New Jersey expungement process.  An experienced New Jersey expungement lawyer can help erase your criminal record.

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.  An experienced New Jersey expungement attorney can help you avoid this potential embarrassment and loss of opportunity.

New Jersey Expungement Law

The right to have an arrest or conviction expunged is rooted in New Jersey statute.  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.  Your New Jersey expungement lawyer can assist in this process.

The statute also sets forth the public policy motivations behind the law: “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

Waiting Time for New Jersey Expungements

The law creates waiting periods before an applicant can apply for an expungement.  The amount of time necessary to wait before filing an expungement application depends upon the nature of the underlying offense:

New Jersey Expungement Process

The expungement process in New Jersey is somewhat complex.  As such, it is important that you consult an experienced New Jersey expungement lawyer.  Necessary documents must be served on the Superior Court Judge, New Jersey Attorney General, Superintendent of the New Jersey State Police, County Prosecutor’s Office, Chief of Police Department, and sitting Municipal Court Judge.

All documents must be sent via Certified Mail with return receipt requested, proof of which must be included in the final application.  In most cases, an expungement can be obtained without the need for the applicant to appear in Court.

The process starts by a New Jersey expungement attorney filing a Verified Petition, Verification signed by the applicant, Order Fixing Hearing Date and Order for Expungement of Records with the expungement clerk in the county in which the charge originated.  Upon receipt of these documents, a New Jersey Superior Court Judge will sign the Order setting a hearing date.   Once the applicant’s expungement attorney has received this Order, it must be served on all necessary law enforcement agencies.  This will give the agencies an opportunity to raise objection to the application.  Absent objection, a Superior Court Judge will decide the petition on or around the hearing date.  In the event objection is raised, the Court will entertain oral argument on the hearing date and your expungement lawyer will appear on your behalf.

If the Order for Expungement is signed, it must then be served on all of the law enforcement agencies and the underlying court.

This law firm has experience helping clients obtain expungements throughout New Jersey.   Al Mollo, Esq. recently appeared 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.  We have also set up a special website for expungements at www.EraseThatRecord.com.   Thank you.

The Monmouth County DWI Task force will conduct a DWI checkpoint Friday night to detect drivers under the influence of drugs or alcohol.

The checkpoint will be run from 11 p.m. Friday through 3 a.m. Saturday on Route 35 South.

Task force members and officers from the Holmdel Police Department will pull vehicles from the southbound lanes into the Dearborn Farms parking lot to determine drivers’ sobriety, said Brielle Police Chief Michael W. Palmer, task force coordinator.

The Mollo Law Firm, New Jersey DWI attorneys, has experience handling cases of this nature in Holmdel and throughout New Jersey.  Al Mollo recently appeared on television as an authority on Municipal Court cases including, but not limited to, DWI cases in Holmdel.  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 on TV

CHARGED WITH DWI REFUSAL IN KEANSBURG?

New Jerseylaw requires that any person who operates a motor vehicle in the State shall be deemed to have given consent to the taking of samples of his or her breath for the purpose of determining sobriety.  The purpose of the refusal statute is to encourage all suspected drunk drivers to take the breath test when requested to do so.  If you or someone you know is charged with a DWI Refusal in Keansburg, it is imperative that you have an experienced Keansburg DWI Refusal attorney by your side.

The Mollo Law Firm, New Jersey DWI attorneys, has experience handling cases of this nature in Keansburg and throughout New Jersey.  Al Mollo recently appeared on television as an authority on Municipal Court cases including, but not limited to, DWI cases in Keansburg.

To get a conviction for DWI Refusal in the Keansburg Municipal Court, the Keansburg Municipal Prosecutor is required to prove beyond a reasonable doubt that (1) the Keansburg arresting officer had probable cause to believe that defendant had been operating a vehicle in Keansburg while under the influence of alcohol, (2) defendant was arrested in Keansburg for driving while intoxicated, and (3) defendant refused to submit to a breath test.

NEW JERSEY DWI REFUSAL LAW

New Jersey’s DWI Refusal statute is written as follows:

39:4-50.2 Consent to taking of samples of breath; record of test; independent test; prohibition of use of force; informing accused.

(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14).

(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.

(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.

(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest

KEANSBURG DWI REFUSAL PENALTIES

The penalties for a DWI Refusal in Keansburg are severe. New   Jerseystatute 39:4-50.4a. establishes penalties for Refusal in Keansburg:

a. Except as provided in subsection b. of this section, the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation of R.S.39:4-50, shall refuse to submit to a test provided for in section 2 of P.L.1966, c. 142 (C.39:4-50.2) when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years. A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c. 73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this section.

The municipal court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person had been driving or was in actual physical control of a motor vehicle on the public highways or quasi-public areas of this State while the person was under the influence of intoxicating liquor or a narcotic, hallucinogenic, or habit-producing drug or marijuana; whether the person was placed under arrest, if appropriate, and whether he refused to submit to the test upon request of the officer; and if these elements of the violation are not established, no conviction shall issue. In addition to any other requirements provided by law, a person whose operator’s license is revoked for refusing to submit to a test shall be referred to an Intoxicated Driver Resource Center established by subsection (f.) of R.S.39:4-50 and shall satisfy the same requirements of the center for refusal to submit to a test as provided for in section 2 of P.L.1966, c. 142 (C.39:4-50.2) in connection with a first, second, third or subsequent offense under this section that must be satisfied by a person convicted of a commensurate violation of this section, or be subject to the same penalties as such a person for failure to do so. For a first offense, the revocation may be concurrent with or consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50 arising out of the same incident. For a second or subsequent offense, the revocation shall be consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50. In addition to issuing a revocation, except as provided in subsection b. of this section, the municipal court shall fine a person convicted under this section, a fine of not less than $300 or more than $500 for a first offense; a fine of not less than $500 or more than $1,000 for a second offense; and a fine of $1,000 for a third or subsequent offense.

b. For a first offense, the fine imposed upon the convicted person shall be not less than $600 or more than $1,000 and the period of license suspension shall be not less than one year or more than two years; for a second offense, a fine of not less than $1,000 or more than $2,000 and a license suspension for a period of four years; and for a third or subsequent offense, a fine of $2,000 and a license suspension for a period of 20 years when a violation of this section occurs while:

(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1997, c. 101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.

It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

Defending DWI Refusal Cases in Keansburg

If you are charged with DWI Refusal in Keansburg, it is imperative that you know your rights and have an experienced attorney acting on your behalf.  Indeed, potential defenses may exist to Refusal charges in Keansburg.

An experienced Keansburg DWI Refusal attorney will evaluate all of the evidence the Keansburg Municipal Prosecutor has against you.  The Keansburg prosecutor is required to produce discovery prior to trial.  The discovery may reveal important facts that are central to a potential defense.  Your Keansburg DWI Refusal lawyer will evaluate whether the arresting officer had probable cause to arrest you, whether the officer requesting the sample had reasonable basis to believe you were operating the motor vehicle, whether insufficient breath samples (“short samples”) rise to the level of Refusal, and many other issues.

We are experienced DWI Refusal attorneys.  We will 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

CHARGED WITH DWI REFUSAL IN MIDDLETOWN?

New Jerseylaw requires that any person who operates a motor vehicle in the State shall be deemed to have given consent to the taking of samples of his or her breath for the purpose of determining sobriety.  The purpose of the refusal statute is to encourage all suspected drunk drivers to take the breath test when requested to do so.  If you or someone you know is charged with a DWI Refusal inMiddletown, it is imperative that you have an experienced Middletown DWI Refusal attorney by your side.

The Mollo Law Firm, New Jersey DWI attorneys, has experience handling cases of this nature in Middletown and throughout New Jersey.  Al Mollo recently appeared on television as an authority on Municipal Court cases including, but not limited to, DWI cases inMiddletown.

To get a conviction for DWI Refusal in the Middletown Municipal Court, the Middletown Municipal Prosecutor is required to prove beyond a reasonable doubt that (1) the Middletown arresting officer had probable cause to believe that defendant had been operating a vehicle in Middletown while under the influence of alcohol, (2) defendant was arrested in Middletown for driving while intoxicated, and (3) defendant refused to submit to a breath test.

NEW JERSEY DWI REFUSAL LAW

New Jersey’s DWI Refusal statute is written as follows:

39:4-50.2 Consent to taking of samples of breath; record of test; independent test; prohibition of use of force; informing accused.

(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14).

(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.

(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.

(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.

MIDDLETOWN DWI REFUSAL PENALTIES

The penalties for a DWI Refusal inMiddletownare severe. New   Jerseystatute 39:4-50.4a. establishes penalties for Refusal in Middletown:

a. Except as provided in subsection b. of this section, the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation of R.S.39:4-50, shall refuse to submit to a test provided for in section 2 of P.L.1966, c. 142 (C.39:4-50.2) when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years. A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c. 73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this section.

The municipal court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person had been driving or was in actual physical control of a motor vehicle on the public highways or quasi-public areas of this State while the person was under the influence of intoxicating liquor or a narcotic, hallucinogenic, or habit-producing drug or marijuana; whether the person was placed under arrest, if appropriate, and whether he refused to submit to the test upon request of the officer; and if these elements of the violation are not established, no conviction shall issue. In addition to any other requirements provided by law, a person whose operator’s license is revoked for refusing to submit to a test shall be referred to an Intoxicated Driver Resource Center established by subsection (f.) of R.S.39:4-50 and shall satisfy the same requirements of the center for refusal to submit to a test as provided for in section 2 of P.L.1966, c. 142 (C.39:4-50.2) in connection with a first, second, third or subsequent offense under this section that must be satisfied by a person convicted of a commensurate violation of this section, or be subject to the same penalties as such a person for failure to do so. For a first offense, the revocation may be concurrent with or consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50 arising out of the same incident. For a second or subsequent offense, the revocation shall be consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50. In addition to issuing a revocation, except as provided in subsection b. of this section, the municipal court shall fine a person convicted under this section, a fine of not less than $300 or more than $500 for a first offense; a fine of not less than $500 or more than $1,000 for a second offense; and a fine of $1,000 for a third or subsequent offense.

b. For a first offense, the fine imposed upon the convicted person shall be not less than $600 or more than $1,000 and the period of license suspension shall be not less than one year or more than two years; for a second offense, a fine of not less than $1,000 or more than $2,000 and a license suspension for a period of four years; and for a third or subsequent offense, a fine of $2,000 and a license suspension for a period of 20 years when a violation of this section occurs while:

(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1997, c. 101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.

It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

Defending DWI Refusal Cases in Middletown

If you are charged with DWI Refusal inMiddletown, it is imperative that you know your rights and have an experienced attorney acting on your behalf.  Indeed, potential defenses may exist to Refusal charges inMiddletown.

An experienced Middletown DWI Refusal attorney will evaluate all of the evidence the Middletown Municipal Prosecutor has against you.  TheMiddletownprosecutor is required to produce discovery prior to trial.  The discovery may reveal important facts that are central to a potential defense.  Your Middletown DWI Refusal lawyer will evaluate whether the arresting officer had probable cause to arrest you, whether the officer requesting the sample had reasonable basis to believe you were operating the motor vehicle, whether insufficient breath samples (“short samples”) rise to the level of Refusal, and many other issues.

We are experienced DWI Refusal attorneys.  We will 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.

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CHARGED WITH DWI REFUSAL IN RED BANK?

New Jersey law requires that any person who operates a motor vehicle in the State shall be deemed to have given consent to the taking of samples of his or her breath for the purpose of determining sobriety.  The purpose of the refusal statute is to encourage all suspected drunk drivers to take the breath test when requested to do so.  If you or someone you know is charged with a DWI Refusal in Red Bank, it is imperative that you have an experienced Red Bank DWI Refusal attorney by your side.

The Mollo Law Firm, New Jersey DWI attorneys, has experience handling cases of this nature in Red Bank and throughout New Jersey.  Al Mollo recently appeared on television as an authority on Municipal Court cases including, but not limited to, DWI cases in Red Bank.

To get a conviction for DWI Refusal in the Red Bank Municipal Court, the Red Bank Municipal Prosecutor is required to prove beyond a reasonable doubt that (1) the Red Bank arresting officer had probable cause to believe that defendant had been operating a vehicle in Red Bank while under the influence of alcohol, (2) defendant was arrested in Red Bank for driving while intoxicated, and (3) defendant refused to submit to a breath test.

NEW JERSEY DWI REFUSAL LAW

New Jersey’s DWI Refusal statute is written as follows:

39:4-50.2 Consent to taking of samples of breath; record of test; independent test; prohibition of use of force; informing accused.

(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14).

(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.

(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.

(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.

(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.

RED BANK DWI REFUSAL PENALTIES

The penalties for a DWI Refusal in Red Bank are severe.  New Jersey statute 39:4-50.4a. establishes penalties for Refusal in Red Bank:

a. Except as provided in subsection b. of this section, the municipal court shall revoke the right to operate a motor vehicle of any operator who, after being arrested for a violation of R.S.39:4-50, shall refuse to submit to a test provided for in section 2 of P.L.1966, c. 142 (C.39:4-50.2) when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years or unless the refusal was in connection with a third or subsequent offense under this section in which case the revocation shall be for ten years. A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c. 73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this section.

The municipal court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person had been driving or was in actual physical control of a motor vehicle on the public highways or quasi-public areas of this State while the person was under the influence of intoxicating liquor or a narcotic, hallucinogenic, or habit-producing drug or marijuana; whether the person was placed under arrest, if appropriate, and whether he refused to submit to the test upon request of the officer; and if these elements of the violation are not established, no conviction shall issue. In addition to any other requirements provided by law, a person whose operator’s license is revoked for refusing to submit to a test shall be referred to an Intoxicated Driver Resource Center established by subsection (f.) of R.S.39:4-50 and shall satisfy the same requirements of the center for refusal to submit to a test as provided for in section 2 of P.L.1966, c. 142 (C.39:4-50.2) in connection with a first, second, third or subsequent offense under this section that must be satisfied by a person convicted of a commensurate violation of this section, or be subject to the same penalties as such a person for failure to do so. For a first offense, the revocation may be concurrent with or consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50 arising out of the same incident. For a second or subsequent offense, the revocation shall be consecutive to any revocation imposed for a conviction under the provisions of R.S.39:4-50. In addition to issuing a revocation, except as provided in subsection b. of this section, the municipal court shall fine a person convicted under this section, a fine of not less than $300 or more than $500 for a first offense; a fine of not less than $500 or more than $1,000 for a second offense; and a fine of $1,000 for a third or subsequent offense.

b. For a first offense, the fine imposed upon the convicted person shall be not less than $600 or more than $1,000 and the period of license suspension shall be not less than one year or more than two years; for a second offense, a fine of not less than $1,000 or more than $2,000 and a license suspension for a period of four years; and for a third or subsequent offense, a fine of $2,000 and a license suspension for a period of 20 years when a violation of this section occurs while:

(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1997, c. 101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.

It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

Defending DWI Refusal Cases in Red Bank

If you are charged with DWI Refusal in Red Bank, it is imperative that you know your rights and have an experienced attorney acting on your behalf.  Indeed, potential defenses may exist to Refusal charges in Red Bank.

An experienced Red Bank DWI Refusal attorney will evaluate all of the evidence the Red Bank Municipal Prosecutor has against you.  The Red Bank prosecutor is required to produce discovery prior to trial.  The discovery may reveal important facts that are central to a potential defense.  Your Red Bank DWI Refusal lawyer will evaluate whether the arresting officer had probable cause to arrest you, whether the officer requesting the sample had reasonable basis to believe you were operating the motor vehicle, whether insufficient breath samples (“short samples”) rise to the level of Refusal, and many other issues.

We are experienced DWI Refusal attorneys.  We will 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 T V

Charged with Shoplifting in Matawan? 

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 Matawan, NJ shoplifting attorney on your side.  Indeed, the right shoplifting lawyer can make all the difference.

Fighting Matawan shoplifting cases can be challenging.  Matawan 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 Matawan 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 Matawan 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:

Jail:

* Anyone convicted of three or more Shoplifting offenses must serve 90 days in jail.

Community Service:

The Mollo Law Firm handles shoplifting cases in Matawan and throughout New Jersey.   If you have been charged with Shoplifting in Matawan, or anywhere in New Jersey, it is important that you have an experienced New Jersey Shoplifting attorney.  Al Mollo recently appeared on television as an authority on Municipal Court cases including, but not limited to, shoplifting cases in Matawan.  The right Matawan 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

Charged with Shoplifting in Jackson? 

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 Jackson, NJ shoplifting attorney on your side.  Indeed, the right shoplifting lawyer can make all the difference.

Fighting Jackson shoplifting cases can be challenging.  Jackson 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 Jackson 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 experiencedJacksonshoplifting 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:

Jail:

* Anyone convicted of three or more Shoplifting offenses must serve 90 days in jail.

Community Service:

The Mollo Law Firm handles shoplifting cases in Jackson and throughout New Jersey.   If you have been charged with Shoplifting in Jackson, or anywhere in New Jersey, it is important that you have an experienced New Jersey Shoplifting attorney.  Al Mollo recently appeared on television as an authority on Municipal Court cases including, but not limited to, shoplifting cases in Jackson.  The right Jackson 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