Category Archives: Criminal Defense

Breathalyzer Refusal Charges Dropped

Timothy J. Broking, Esq. of Aiello, Harris, Abate, Law Group PC appeared in Morristown Municipal Court, 200 South Street, Morristown, NJ before the Honorable Gary F. Troxell, JMC.  Municipal Prosecutor, Robert J. Rudy, III, Esq.
The defendant was charged with several moving violations, driving while intoxicated, (DWI) in violation of N.J.S.A. 39:4-50, and refusing to give samples of her breath in violation of N.J.S.A. 39:4-50.2  (Refusal)Following arguments presented by Mr. Broking, the prosecutor agreed to dismiss the refusal and all related moving violations.

Contact our NJ criminal attorneys today, for a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.

Linden Municipal Court BAC Reading Dismissed

Timothy J. Broking, Esq. of Aiello, Harris, Abate, Law Group PC appeared in Linden Municipal Court, 301 N. Wood Avenue, Linden, NJ before the Honorable Louis M. DiLeo, JMC.  Municipal Prosecutor, Nicholas Scutari, Esq.

Blood Alcohol Readings Dismissed

The defendant was charged with several moving violations and driving while intoxicated, (D.W.I.) in violation of N.J.S.A. 39:4-50.  The defendant’s blood alcohol content (BAC) registered a reading of .13.  Following a control test failure of the Alcotest machine, the defendant was transported to a neighboring town where she was able to provide samples on a properly working Alcotest machine.  Mr. Broking filed a motion to suppress the Alcotest results due to the fact that the state failed to provide discovery from the neighboring jurisdiction.  The prosecutor agreed to dismiss the blood alcohol reading and all related moving violations.

Contact our NJ criminal lawyers today, for a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.

Drug Charges Dropped

Timothy J. Broking, Esq. of Aiello, Harris, Abate, Law Group PC appeared in Union Municipal Court, 981 Caldwell Ave, Union, NJ before the Honorable Kelly Waters, JMC.  Municipal Prosecutor, Michael Wittenberg, Esq.
The defendant was charged with drug possession and possession of drug paraphernalia in violation of N.J.S.A. 2C:35-10 and N.J.S.A. 2C:36-2.  Mr. Broking filed a motion to suppress based on lack of probable cause and following oral argument, Judge Waters granted Mr. Broking’s motion to dismiss.  As a result, all charges were dismissed by Judge Waters.

Contact our New Jersey criminal law firm today, for a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.

Driving While Revoked Charges Dropped

Timothy J. Broking, Esq. of Aiello, Harris, Abate, Law Group PC appeared in Bergenfield Municipal Court 198 N. Washington Avenue, Bergenfield, NJ before the Honorable Helene C. Herbert, JMC.  Municipal Prosecutor, Michael Purvin, Esq.
The defendant was charged with multiple traffic violations: driving on the revoked list in violation of N.J.S.A. 39:3-40 and careless driving in violation of N.J.S.A. 39:4-97.  The defendant’s license had been revoked for driving while intoxicated and faced an additional 1-2 year loss of license and 10 to 90 days in county jail with a fine of one-thousand dollars.  Due to the arguments of defense counsel, the prosecutor agreed to dismiss the driving while revoked charge.  As a result, the defendant paid a minimal fine and did not go to jail nor lose her license.

Contact our New Jersey criminal attorneys today, for a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.

Simple Assault Charges Dropped

James R. Pastor, Esq. of Aiello, Harris, Abate, Law Group PC appeared in South Amboy Municipal Court, 140 N. Broadway, South Amboy, NJ before the Honorable James Hoebich, JMC.  Municipal Prosecutor, Thomas Downs IV.

Defendant charged with simple assault, NJSA 2C:12-1(a)(1).  Prosecutor agreed to dismiss charges against the defendant.

Contact our New Jersey criminal defense lawyers today, for a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.

Traffic Ticket Plea Agreement

James R. Pastor, Esq. appeared in the Warren Township Municipal Court, 46 Mountain Blvd., Warren, NJ before the Honorable Mark S. Adler, JMC and Steven D. Rothblatt, prosecutor.

Client charged with multiple traffic offenses: NJSA 39:4-50 (DWI); NJSA 39:4-96 (Reckless Driving); NJSA 39:4-97 (Careless Driving); NJSA 39:4-98 (Speeding); NJSA 39:4-82 (Failure to Keep Right); NJSA 39:8-1 (Failure to Inspect);

Successfully negotiated a plea bargain on behalf of the client.  Pleaded guilty to DWI under NJSA 39:4-50 under the lower tier with a 3 month suspension of driving privileges.  All other charges against the defendant were dismissed.  Total of 12 points saved under plea agreement.

Contact our New Jersey criminal lawyers today, for a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.

Municipal Court Plea Agreement

James R. Pastor, Esq. of Aiello, Harris, Abate, Law Group PC appeared in Woodbridge Township Municipal Court located at 1 Main Street, Woodbridge, New Jersey beforfe the Honorable Spencer Robbins, J.M.C.  The prosecutor was Harold Parra, Esq.

Client was charged with driving while suspended under N.J.S.A. 39:3-40 and if found guilty, faced a 6 month suspension of his driving privileges.  Mr. Pastor was able to successfully negotiate a plea agreement to a lesser charge of driving with an expired license under N.J.S.A. 39:3-10(a) and the client did not lose his license.

For a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.

What Are The Differences Between Misdemeanor And Felony Charges?

New Jersey is different from many other states in characterizing crimes. First, New Jersey does not use the traditional terms of felonies and misdemeanors to classify their crimes. Instead, New Jersey uses indictable crimes to classify felonies. New Jersey statute N.J.S.A. 2C:43-1 sets forth the degree of crimes.

Degrees Of Crimes In New Jersey

There are four levels of indictable crimes in New Jersey:

  •  First-degree crimes which include sexual assault and murder amongst others. These crimes carry a sentence between 10 and 20 years in state prison. The fine for these crimes are up to $200,000;
  • Second-degree crimes which carry a sentence between 5 to 10 years in state prison. The fine for these crimes are up to $150,000.  These crimes include burglary, certain drug crimes, certain sexual assaults and robberies, amongst others;
  • Third-degree crimes which carry a sentence for up to five years in state prison. The fine for these crimes are up to $15,000. These crimes include many drug crimes, thefts and burglaries, amongst others; and
  • Fourth degree crimes which carry a sentence up to 18 months in state prison. The fine for these crimes can be up to $10,000. These crimes include certain thefts and stalking amongst others.

In New Jersey we do not use misdemeanor terms but rather disorderly persons offenses and petty disorderly for persons. N.J.S.A. 2C:43-8 sets forth the definition of disorderly persons offenses. A defendant may be fined up to $1,000 &/or incarcerated for up to six months in the county jail.

In regards to a Petty disorderly person’s offense, the county jail sentence cannot exceed 30 days. Typical disorderly persons offenses are minor drug offenses such as:

  • N.J.S.A. 2C:35-10(a)4 which prohibits the possession of 50g or less of marijuana or 5g of hashish;
  • or N.J.S.A. 2C:33-15 possession or consumption of alcohol in a public place or motor vehicle by a person under legal age, or shoplifting.

Because criminal charges can affect a person’s ability to hold a driver’s license, a professional license, the ability to receive a scholarship for college, can affect one’s immigration status in United States with the immigration naturalization service, and be a serious detriment to get a good job it is important to contact the Aiello, Harris, Abate. We have handled thousands of cases from minor petty disorderly persons offenses to First Degree Indictable Crimes. We have former prosecutors who used to represent the State and now they defend you. It is also better to hire a larger law firm with many attorneys who have the resources to fight for your rights. If you have been charged with a crime, contact our attorneys 24 hours a day seven days a week. call our office at  (908) 561-5577 or contact us online

Common Conditions of Probation in New Jersey

Probation is a jail alternative to those convicted of a criminal offense. If you abide by the law, report to your probation officer as mandated, and maintain employment, being on probation is relatively easy. When it is offered, our New Jersey criminal lawyers recommend accepting probation as an alternative sentencing agreement.

Here is a general outline of the conditions of adult probation in NJ:

  • Obey all federal, state, and local laws
  • Report to your probation officer as required
  • Be truthful to your probation officer
  • Allow your probation officer into your home
  • Submit to a random search requested by your probation officer
  • Report a change of address to your probation officer
  • Submit to drug and alcohol testing at any time
  • Cooperate in medical and psychological examinations and counseling recommended by your probation officer
  • Support your family and dependents
  • Seek and maintain gainful employment
  • Do not possess a firearm or dangerous weapon
  • Pay your fines on time
  • Provide a DNA sample

Probation violations could cause your probation officer to extend the term of your probation, impose extra fines, or even throw you in jail. Your attorney can help you fight charges of probation violations.

If you or you have violated probation, it is critical that you speak with a criminal lawyer who is probation and parole violations in NJ. The lawyers at Aiello, Harris, Abate have the experience and knowledge to protect your rights and defend you against criminal charges. For a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.

What Crimes Can Be Expunged in NJ?

Expungement is a way to seal your criminal record from a normal arrest record search. If you have ever been arrested or convicted of a crime other than a traffic violation, the file appears on your arrest record. Expungement does not completely destroy your file — rather it moves the file to a special location not accessible by an ordinary search. They are no longer public record.

Do you want to expunge your New Jersey arrest record? Our lawyers may be able to help. Here’s some basic info to see if you are eligible. In New Jersey, sealing a record is the same as expunging it.

Non-violent crimes can that be expunged?

Many non-violent, less serious crimes are available for expungement. However, pursuant to New Jersey Expungement Statutes 2C:52-2, convictions for these crimes cannot be expunged:

Am I eligible for expungement of a felony?

To be eligible for expungement of an indictable offense, also known as a felony, (OTHER than one listed above, which are never eligible), at least 10 years must have passed since you completed the terms of your sentence. You must have no other charges pending or have no other convictions. You cannot have had a previous expungement. Additionally, you must have less than three disorderly violations and were not previously granted a dismissal of charges through pretrial intervention.

Expunging your misdemeanor conviction

To expunge misdemeanor convictions, or what New Jersey refers to as municipal ordinance violations, the above requirements apply. However, you need only wait two years after all conditions of your sentence have been completed, including probation, payment of fines and restitution.

What if I was not convicted of a crime?

If you were arrested but the charges against you were dismissed, or you were found not guilty, you can qualify for an expungement.

The lawyers at Aiello, Harris, Abate, Law Group PC can let you know if your record qualifies for expungement, and walk you through the process. Contact our New Jersey criminal lawyers today, for a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.