New Jersey Criminal Defense Law Blog

Many people make mistakes - both when they are young and in adulthood - that can cause problems later in life if these mistakes lead to criminal convictions. For example, there may be adverse consequences if a person is required to report criminal convictions on employment or housing applications. However, a new bill introduced in the New Jersey legislature will, if passed, lessen the time limit those convicted of crimes will have to wait to get their indiscretions expunged - hopefully providing the fresh start they need that much sooner.

Proposed New Jersey Expungement Changes

Various types of convictions and offenses can be expunged in New Jersey from a person's record - otherwise known as indictable offenses. While some more serious convictions cannot be expunged, indictable offenses can currently be expunged under the following circumstances:

• Ten years have passed since date of conviction, parole, probation, release from incarceration or payment of fines, whichever is later
• The person requesting the expungement has only one criminal conviction and no more than 2 disorderly person offenses
• The person requesting the expungement has not been convicted of any prior of subsequent crime

Even though in some situations - such as when it is in the public's interest or compelling circumstances - a court can grant an expungement after five years, a new bill introduced in the New Jersey Legislature proposes to have indictable offenses automatically expunged after seven years - as opposed to currently having to petition the court, and only after 10 years.

New Jersey gun laws are extremely strict. A person cannot buy, receive, transfer be assigned or dispose of a firearm (a rifle or shotgun) or a handgun unless he or she has secured a firearms identification card or a permit to purchase a handgun. In order to obtain the proper permits, an individual must first apply at his or her local police station.  An individual faces serious weapons charges, if he or she is caught in possession of a gun without the proper permits.  At the criminal defense law firm of Maynard & Sumner, LLC, we are frequently asked under what circumstance may an application be rejected, and if rejected, whether he or she may appeal.

The New Jersey gun law, N.J.S.A. 2C:58-3, lists the reasons by which a person may be denied a firearms ID card or a permit to purchase a handgun:

1. A prior conviction of a crime or a disorderly persons offense involving an act of domestic violence
2. Drug or alcohol addiction
3. Previous confinement in a hospital, mental institution or sanitarium for a mental disorder
4. Suffering from a physical defect or disease that renders him or her unable to safely handle a firearm
5. Under the age of 18 (for a firearm ID card) and under the age of 21 (for a permit to purchase a handgun)
6. Not in the interest of public health, safety or welfare
7. Subject to a restraining order
8. Has had a weapon seized due to an act or complaint of domestic violence, and whose firearm has not been returned
9. Adjudicated a delinquent for an offense, if committed as an adult, would constitute a crime and the crime involved the unlawful use or possession of a weapon or destructive device, such as a bomb

If you have had your firearms ID or permit to purchase a handgun application denied, you may request a hearing before the Superior Court in which you reside. The request for a hearing must be made within 30 days from when you were denied. Contact an experienced New Jersey gun laws attorney to assist you in filing your application to the court. If the rejection was based on a vague or questionable reason, retaining a lawyer who can create a well-formulated request and a strong argument at the hearing will give you the best chance of obtaining a favorable outcome.

It is a misperception that the difference between aggravated and simple assault is the degree of the injury. The former is commonly mistaken to be a crime of committing serious bodily injury. However in some cases, a person can be charged with this crime without causing serious injury. In May 7, 2012, a Hackettstown man was charged with aggravated assault when he pushed a police officer in the head. The Hackettstown police went to the man's house to serve a warrant of his arrest for a burglary. The man fled which lead to an on-foot pursuit. When the police found the man, he was hiding in a parked car. As the police approached and entered the car, the man jumped out the side door, shoving an officer in the head. The police officer sustained minor injuries.

Even though the injuries sustained were not serious, the 23-year-old Warren County man was charged with a third degree crime because the victim was a public official. New Jersey criminal statute, 2C:12-1b(5) states that an offense that would normally be graded a simple assault is upgraded if the victim serves in the following capacity and was trying to performing his or her duties:

• The law enforcement officer
• A fireman, either paid or volunteer
• Emergency first-aid or medical responder
• School employee
• DYFS employee
• A judge
• Bus or train operator
• Utility worker
• Corrections officer or employee of the sheriff's office

The Warren County man was also charged with resisting arrest with force, burglary into a motor vehicle, and hindering apprehension with force. The young man is currently held in the Warren County Correctional Facility where he awaits his first court appearance.

Source: The Warren Reporter, "Hackettstown man charged with aggravated assault on a police officer."

In the State of New Jersey, a murder, or death by auto, can be treated as serious as a murder charge, even if the motor vehicle accident was unintentional. A Parsippany woman is currently facing serious criminal charges after hitting a man with her car. The victim died at the Morristown Memorial Hospital as a result of his injuries. The woman was reported to be driving while intoxicated when she struck the Morris County resident outside of his business on Saturday May 5, 2012. The woman's car continued to travel another 60 feet until it hit a number of parked cars. The defendant was subsequently arrested and charged with a DWI, reckless driving, and vehicular homicide. The victim was a 49-year-old man who was an active member in East Hanover, New Jersey. The Star-Ledger reported that hundreds of people arrived at the Morristown hospital upon hearing of the accident.

The New Jersey statute, N.J.S.A. 2C:11-5, states that, "Criminal homicide constitutes vehicular homicide when it is caused by driving a vehicle or vessel recklessly." There are multiple ways in which the prosecution will try to prove recklessness, such as whether the defendant had not slept in the last 24 hours or the defendant was intoxicated. If the defendant was in violation of 39:4-50, a DWI, the prosecution will infer that the defendant was driving recklessly, which increases the probability of securing a conviction.

Death by auto, or vehicular homicide, is a second degree crime, punishable by up to 10 years in prison. In addition, the defendant is subject to mandatory imprisonment and a minimum term by which the defendant is not eligible for parole, which may be one-third to one-half of his or her prison sentence or no less than three years, whichever is greater. If the accident occurred in a school crossing or within 1,000 feet of school property, the offense is a first degree crime and punishable by up to 20 years in prison. Last, the defendant may lose his or her driver's license from five years to life.

In nearly every case, there are mitigating factors. An experienced criminal law attorney will look for all of the defenses and mitigating factors in order to reduce the charges or penalties you face. Consult a knowledgeable criminal defense lawyer today to increase the chances of a favorable outcome for the future.