Drug Offenses: 2013

Tuesday 19 November 2013

Consequences of DUI

DUI/DWI is not just a routine traffic violation. Driving under the influence is treated as a serious criminal offense. Because, drinking and driving may lead to severe accidents that may leave people with serious injuries and sometimes take away lives.

New Jersey DUI

DWI defense attorney from Jersey City, Mr. Joel Silberman¹ tells-“New Jersey has extremely tough laws for Driving Under the Influence (“DUI”), Driving While Intoxicated (“DWI”) and Refusing to take a Breathalyzer Test. By Statute, even first time offenders are subject to a mandatory loss of license and potential jail sentences. These consequences can have a devastating affect on a person’s career and family responsibilities.”(Ref: The Law Offices Joel Silberman, LLC, http://www.joelsilbermanlaw.com/our-practice/dui-dwi-a-refusal/)

DUI and DWI both refer to the act of operating a motor vehicle under the influence of alcohol or other substances.

DUI/DWI Penalties

Temporary impounding of your vehicle
A fine of up to several thousand dollars
Installation of an ignition lock that prevents your car from starting if you've been drinking
Probation
Possible jail time
Revocation of your driver's license
Community service
Completion of substance abuse classes at your own expense

If you are a repeated offender or involved in an accident then the penalties increase substantially.

You may be charged with a felony

New York criminal defense lawyer, Mr. Paul D. Petrus, Jr.², If you have previously been convicted of a DWI in New York in the last 10 years, you may be charged and convicted of a felony DWI. (Ref: The Law Offices of Paul D. Petrus Jr. & Associates P.C., http://www.petruslaw.com/practiceareas/dwi/)

If you have multiple prior convictions or if someone is injured in the accident, you may be charged with felony. If the accident resulted in a death, you can be charged with manslaughter or which can lead to imprisonment for years.

2. Paul D. Petrus, Jr.:

Mr. Paul D. Petrus Jr. is a member of the New York State Bar Association and New York Association of Criminal Defense Lawyers. He is a practicing New York criminal defense attorney. Mr. Petrus works in federal and state courts. If you are looking for a Criminal Lawyer in NY, call Paul D. Petrus Jr. at 212.385.1961 / 212.564.2440 or you can e-mail at paul@petruslaw.com. Office is located at the Empire State Building, 350 Fifth Avenue, Suite 3601, New York, NY 10118. Visit http://www.petruslaw.com/ for more information.

Wednesday 6 November 2013

New Jersey Court Upholds the use of Alcotest

On 18^th September, the state Supreme Court has passed the verdict that New Jersey can continue to use Alcotest, an alcohol breath test in drunken driving cases. More than a decade ago, Breathalyzer machines were replaced by Alcotest.

Alcohol breath test which was suspended in 2006 came back into scene in 2008. Once again this time, the question over its reliability has been raised. But on 18^th September, the state Supreme Court has passed the verdict that New Jersey can continue to use Alcotest, an alcohol breath test in drunken driving cases. More than a decade ago, Breathalyzer machines were replaced by Alcotest.

In 2006, use of Alcotest was halted, but a 2008 Supreme Court decision called the test “generally scientifically reliable” and allowed it to be used, with some modifications.

This time defense lawyers claimed that the state didn’t comply with the 2008 order to revise the software on the machines and to create a searchable database of test results.

On 18^th September, Justice Jaynee LaVecchia wrote that Alcotest “remains scientifically reliable, and generates results that are admissible” to prove a driving-under-the-influence-of-alcohol violation. The challengers were not able to prove that the state “willfully refused to comply” with the court’s 2008 order.

Order passed in 2008 mandated several software modifications and required the state to create a database which could be accessed by defendants and attorneys. According to defense lawyers the database which state created was merely a collection of data that couldn’t be easily searched, but the court said that the database was “fully in compliance” with the order.

Deputy Attorney General Robyn Mitchell also told the justices that New Jersey has already started looking into a new breath test and as it would take some time to sync up with the current database, by the end of 2016 the current machines will get replaced with the new ones.

DUI Defense attorney Jersey City, Joel Silberman says, “New Jersey has extremely tough laws for Driving under the Influence (“DUI”), Driving While Intoxicated (“DWI”) and Refusing to take an alcohol breath Test. By Statute, even first time offenders are subject to a mandatory loss of license and potential jail sentences. These consequences can have a devastating effect on a person’s career and family responsibilities.” (Ref: The Law Office of Jole Silberman, LLC,http://www.joelsilbermanlaw.com/our-practice/dui-dwi-a-refusal/)

Another required modification from the 2008 order pertained to women over age 60, who frequently aren’t capable of reaching the minimum breath volume of 1.5 liters. No woman over 60 can now be charged with refusing a breath test if Alcotest readings are the only evidence.

Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.

Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visithttp://www.joelsilbermanlaw.com/ for more information.

Monday 28 October 2013

Drug Possession Charges and Penalties

If you were arrested because the police found drugs on your person, in your vehicle, in your home, in your personal property, then you may be charged with drug possession. Drug offenses can be prosecuted in either the state or federal courts.

Defense Attorney Jersey City

As an experienced drug defense attorney, Joel Silberman¹ tells you-“The Federal and local authorities in New Jersey spend significant energy arresting and prosecuting those they suspect are using and distributing illegal narcotics. These charges are often enhanced if the prosecution alleges that the offense took place near a school, park or public housing complex. If you have been arrested or charged with drug related offenses you need to speak with Drug attorney as soon as possible.”(The Law Offices of Joelsilberman, LLC Ref: http://www.joelsilbermanlaw.com/our-practice/drug-offenses/)

Charges and Penalties for Drug Offenses:

The punishment that you face for drug possession will vary depending upon what type of drug that was found, and how much of it there was.

For example, the penalties for possessing less than 20 grams of marijuana will be far less serious than possessing more than 10 grams of a controlled substance such as cocaine or heroin. The difference between the two above examples is up to one year in a county jail for the marijuana charge versus up to thirty years in prison for the heroin or cocaine charge.

In addition to the above controlled substances, a person can be charged with possession if they have prescription painkillers or stimulants without a valid prescription. Some of the drugs in this category include: oxycodone, vicodin and xanax to name a few. This is one offense that a lot of average people commit without being aware of the criminal consequences. A person cannot take their friends prescription medication, or a spouse's, or a family member's because it was not prescribed to them by a licensed medical doctor.

If a person is convicted of a drug possession crime, he or she may be required to attend a drug diversionary program, they may get probation, and in a severe case they may have to serve time in a state or federal prison. Furthermore, a conviction for possession will also result in administrative penalties as well, meaning that the individual will have his or her driver's license suspended by the Florida Department of Motor Vehicles for up to two full years.

Criminal Defense Attorney NY

Criminal attorney New York, Mr. Paul D. Petrus Jr.² tells “In 2009, judges were able to have more discretion in sentencing. Judges have been able to send more offenders to treatment programs, instead of prison, without having to get consent from the prosecutor. Unfortunately, New York still has some of the country’s toughest drug laws. An experienced criminal defense attorney can help you.” (The Law Offices of Paul D. Petrus, Jr. and Associates, P.C Ref: http://www.petruslaw.com/practiceareas/drugs/)

The most advantageous thing that somebody can do after being arrested for a drug possession crime is obtain their own private attorney right away. Working with a lawyer will give you the greatest opportunity to avoid a lengthy prison term.

1. Joel Silberman:
Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visit http://www.joelsilbermanlaw.com/ for more information.

2. Paul D. Petrus, Jr.:
Mr. Paul D. Petrus Jr. is a member of the New York State Bar Association and New York Association of Criminal Defense Lawyers. He is a practicing New York criminal defense attorney. Mr. Petrus works in federal and state courts. If you are looking for a Criminal Lawyer in NY, call Paul D. Petrus Jr. at 212.385.1961 or you can e-mail at paul@petruslaw.com. Office is located at the Empire State Building, 350 Fifth Avenue, Suite 3601, New York, NY 10118. Visit http://www.petruslaw.com/ for more information.