A DWI Has Serious Consequences

He had gone to a soiree with his company and had a bit too much to drink. As soon as it was time to leave the gathering, he was aware that he had consumed a great deal of booze however he was sure that the simple drive home would be without issue. So, instead of contacting a friend, he got got in his car and commenced his route home. As with nearly all men and women who drive drunk, his faculties were impaired and in just a few moments, he had crashed into a parked car. Fortunately, no one was in the car when it occurred, nevertheless the effects and the damage to his life were irreparable.

The Effects of a DWI

Once the officers stopped him his blood alcohol level was 0.2, in excess the legal limit of .08 and so after being placed under arrest, and confessing his remorse, he was quickly sentenced for his crime, only to realize that things were destined to be far more serious than he estimated. Not only did he need to serve weekend time for his drunk driving conviction, but also in addition, his employment was in danger and his driver’s license was suspended for a year.

A Blunder in Judgment

Even though the person above was essentially an upstanding person, he just like so many people who drink and drive, simply didn’t comprehend how hazardous it can be. Now, he was confronted by the humiliation of having a record and losing his occupation as well as his license, all simply because he utilized inadequate judgment when getting behind the wheel of his car following drinking. Every day, this same type of situation transpires with thousands of people who without thinking put their life and the lives of others in jeopardy. Not only can life turn out to be a tragedy when driving drunk, but moreover the emotional, bodily and financial damage brought on by one experience of drunk driving is staggering. A Drunk driving not only has an effect on the life of the person who was drinking and driving, but it has fallout that affect the lives of all the people who rely on the man or woman who committed the DWI. Besides the threat of jail time, loss of a license and perhaps all driving privileges, other results include a huge increase in insurance if not cancellation, huge penalties, the potential loss of employment and the humiliation of a record.

The Cost of DWI

Regardless of how much you may imagine that having one or two drinks before driving is okay, if you have a crash and are charged with a DWI, the effects will probably be very severe. The risks are far too great and the destruction you can do to your life is simply not worth it. A DUI conviction may vanish after a few years, but a DWI criminal record could stay on your record forever. If you plan on drinking, be sure to give your keys to someone before you even start.

Toms River Criminal Defense: Miranda Warnings

You’ve heard them before. “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” Typically, individuals believe that a police officer is required to provide every citizen whom they stop or with whom they speak their Miranda warnings. However, that is not accurate. The Supreme Court has outlined who needs to be informed of these rights and when.

While, Miranda warnings are named for the famous Supreme Court case, Miranda v. Arizona, the rights do not have their start in that case. Rather, the protections that we refer to as the Miranda rights are constitutional rights which the court decided needed to be provided to certain persons in law enforcement custody.

The exact constitutional limitations that are regularly known as the Miranda rights include the right to remain silent, the right against self incrimination and the right to an attorney during questioning and in court. The court also decided that the warnings contain at least the same level of specificity as it set out in its ruling and that the warnings be meaningful for the persons being questioned.

Some states add additional warnings to the typical Miranda statements that they think are important for the people in their communities. For example, some border states require law enforcement to tell detainees that if they are not U.S. citizens that they have the right to contact their country’s consulate.

The Miranda freedoms need to be spoken by a law enforcement official to an individual who is a criminal suspect and in police custody before they begin to question the detainee about the circumstances surrounding the legal matter. The person is considered to be in state custody if a reasonable woman would believe that his or her freedom to leave is restrained, regardless of whether the officers have formerly arrested the person.

To allow incriminating evidence admissible at trial, officers need to provide the individual with his or her Miranda warnings prior to finding the evidence. A man who is in police custody must be informed of their rights preceding any police questioning. If the person is arrested and the officers do not intend to question the person then the Miranda warnings do not have to be provided.

Possession With Intent To Distribute In Toms River, New Jersey

According to New jersey state law, it is illegal for people to knowingly or purposely retain in his/her possession, or have under his / her control, with intentions to distribute, a controlled dangerous substance. There are many forms of substances described in the NJ controlled and dangerous substance statute. These include things like, but are not limited to, marijuana, heroin, cocaine, lysergic acid diethylamide, and methamphetamine.

Generally speaking, there are 4 elements to a possession with intent to distribute charge that the state has to establish beyond a reasonable doubt to obtain a conviction.

First, the state has to establish that the substance in evidence is the controlled substance that it is believed to be. Second, they must show that the person charged possessed, or had under his/her control, the substance in evidence. Third, that the criminal defendant, if in possession or control of the substance in evidence, had the intent to distribute the substance. Finally, that the criminal defendant acted knowingly or purposefully in possessing or controlling with the intent to distribute the substance in evidence.

There are several major consequences of pleading guilty to a drug charge in New jersey. You will likely have to appear in open court and tell the judge what you did that makes you guilty of the particular crime. You could also have to assert that you realize that if you plead guilty, you will have a criminal record, that you may well go to jail or prison, and that you will have to pay any fines and court costs assessed against you.

You might also have to submit to random controlled substance and urine testing. Additionally, you may possibly be demanded to supply a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.

In several NJ substance cases, the defendant may lose his/her driver’s license for 6 months to over 2years. Additional penalites might include community service and the loss of the right to vote.

Toms River Prescription Drug Possession

Where a man or woman possesses prescription medicines or drugs, in a manner which falls beyond New jersey law, the man or woman may be charged or indicted for a criminal violation. An arrest and conviction for illegal possession of prescription medications involves considerable fees and penalties, Because these pharmaceuticals are especially powerful and addictive, they are heavily regulated and may be a challenge to obtain legally. An illegal market has therefore derived for these prescriptive medications and arrests are on the surge.

Criminal using of prescription drugs is definitely a challenge that is growing to be increasingly more widespread. Given the ultra powerful and addicting character of painkillers, opiates and psychotropic medicine, authentic use can turn to illegal possession, intent to sell prescribed drugs and also prescription fraud. Pharmaceutical drugs are regarded as Controlled Dangerous Substances (CDS) under New Jersey Law and may only be possessed or spread as authorized legally. The method in which prescriptions are created by medical doctors and dispensed by pharmacists and pharmacies is set forth in the New Jersey CDS Laws.

Law Office of Matthew Sage Announces New Website Launch

We are proud to announce the launch of our new website. We welcome your feedback and hope to provide a nice set of resources to help individuals in need of a New Jersey criminal defense attorney.