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How Does a Criminal Conviction in New Jersey Alter Your Life?

When a person is convicted of a crime, they must pay their debt to society for that crime in some way. Depending on the circumstances, the debt may be paid in financial penalties, loss of driving privileges, probation, or for more serious crimes, imprisonment. After the debt is paid, the person is supposed to return to society and continue their life. Hopefully, the pain of paying the penalty will deter future criminal activity.

Unfortunately, the criminal justice system is not perfect. Often, a person convicted of a crime may continue to suffer negative consequences long after the official debt to society has been paid. It is important for a person accused of a crime to understand how a criminal conviction may impact their life. Employment, educational opportunities, finances, and family life can all be negatively impacted by a conviction.

Employment

Whether an applicant had a criminal record has been a typical question used by prospective employers to screen job applicants. This approach resulted in many people with criminal records having great difficulty receiving job interviews. This demoralizing and counterproductive practice is now being reformed. The New Jersey Opportunity to Compete Act prohibits employers with more than 15 employees from asking applicants about their criminal history during the initial application process. The issue may still be in play for smaller employers. A criminal conviction can also cause someone to lose their job. Certain state employees, as well as individuals with professional licenses, are at risk of being fired after being convicted of a crime.

Finances

A domino effect can be experienced where the conviction directly or indirectly impacts finances. If the conviction imposes hefty fines, then paying that fine could pose a serious financial setback. Other less direct consequences can occur as in the instance of a suspended license. Consequences include increased car insurance costs, commuting costs, and even loss of a job. A conviction can also result in being underemployed and underpaid.

Education

College applications also typically include questions about having a criminal record. Convictions related to disorderly persons or for felonies can be used to justify rejecting an applicant from admission. Sometimes, colleges expel or put students on probation if they were convicted of a crime.

Deportation

A person who is not a permanent citizen can be at risk of deportation if they are convicted of a violent crime. In addition, it is possible to be denied a green card, visa, or citizenship if convicted of a crime involving moral turpitude.

Removal of Criminal Convictions from Record

There is a chance to remove certain criminal convictions from the record. Expungement requires petitioning the court, as well as waiting a significant period of time after the conviction has passed. In addition, certain crimes, such as sexual assault and robbery, can never be expunged.

Haddonfield Criminal Lawyers at Aita Law, LLC Help Those Facing Criminal Charges

If you were accused of a crime, it is important to understand your rights to representation and use those rights to protect yourself. Our experienced Haddonfield criminal lawyers at Aita Law, LLC represent those accused of crimes and successfully achieve expungement of criminal records for our clients. Call us at 856-287-7800 or complete an online form for a free consultation. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

New Jersey’s Changing Marijuana Laws

Though many attempts have been made to legalize adult-use and recreational marijuana in New Jersey, it is only legal for medical purposes, so it is still possible to be arrested for smoking marijuana. Last summer, Governor Phil Murphy and New Jersey lawmakers took steps to revive laws to make marijuana legal. The efforts focus on recreational and medical marijuana bills, and records expungement of some state residents with previous convictions.

Medical Marijuana Reforms

Assembly Republicans claimed that the state should have passed medical marijuana expansion rules a long time ago, since the program does not have enough dispensaries and is costly for patients. Gov. Murphy and The New Jersey Department of Health made nine changes that were intended to expand medical marijuana access for New Jersey residents.

These new rules are now in effect, and include reduced registration fees for patients, caregivers, military veterans, and seniors. Other changes include the addition of different forms of medical marijuana, such as oil-based formulations, and additional eligible debilitating medical conditions, such as Opioid Use Disorder and migraines. Patients may also benefit from streamlined processes for paperwork and supply chains.

The Marijuana and Vaping Summit

Gov. Murphy recently attended a summit with other Democratic governors in nearby states to work on marijuana and vaping regulations. Their goal is to create similar laws for neighboring states where people cross borders every day; it would allow them to purchase products in one state and take them to another legally. The topic of vaping was also discussed, particularly its hazards and the recent deaths and illnesses attributed to its use. Gov. Murphy recommend banning flavored vaping products in New Jersey.

Bills, Polls, and an Upcoming Vote

The first bill to legalize adult-use marijuana was introduced in May 2017 but was opposed by then-Governor Chris Christie. Even though Gov. Murphy supports its legalization and expungement for those convicted of marijuana-related offenses, the New Jersey Senate has not been able to change the law. Murphy supports bill S-3205, which would change how criminal records are expunged. The bill would apply to individuals for up to 10 years after they completed parole, probation, or were released, whichever was last completed. The bill did not pass.

It is expected that New Jersey lawmakers will vote on marijuana laws between November and January, although the exact legislation has not been determined as of yet. It could include a referendum on next year’s ballot to ask voters to make the choice, or a proposed legalization law. If and when it does pass, it would take six months to a year for the regulatory process to become finalized.

Haddonfield Criminal Lawyers at Aita Law, LLC Help Clients Facing Drug Charges

If you are facing criminal charges for marijuana use or possession, contact a knowledgeable South Jersey drug possession lawyer at Aita Law, LLC. Our experienced staff is well-versed on the changing laws and will fight to protect your rights. For a free consultation, complete our online form or call us at 856-287-7800. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

How to Handle DUI/DWI Checkpoints in Camden County

New Jersey police departments are running a holiday crackdown on drivers impaired by drugs and alcohol. From December 6 to New Year’s Day, there will be checkpoints and extra patrol out as part of the “Drive Sober or Get Pulled Over Campaign.” Last year’s ticket blitz resulted in 1,269 driving while intoxicated (DWI) arrests, 5,705 speeding tickets, and 3,125 seat belt summonses. New this year is a law that requires ignition interlock devices for first time DWI convictions.

Many law enforcement agencies received overtime grants for the 2019 Drive Sober holiday campaign, including Barrington, Gloucester Township, Pine Hill, Stratford, and Winslow in Camden County, as well as Clayton, Deptford, East Greenwich, Franklin, Glassboro, Greenwich, Harrison, Mantua, Monroe, Pitman, Rowan University, Washington, Westville, Woodbury Heights, and Woolrich in Gloucester County.

DUI Checkpoints

Police set up sobriety checkpoints in areas near entertainment establishments during hours when people are most likely to be drinking and driving, such as weekends, holidays, early morning hours, or late at night. Checkpoints are an opportunity for law enforcement to check tags, licenses, and monitor the condition of the driver. They will note how you pull into the checkpoint and if you are driving erratically.

What to Do at a Checkpoint

If you are stopped at a DUI checkpoint, it is important to wait for instructions from the officer. Do not make sudden movements on your own or get out of the car unless asked to do so. Police are trained to watch for suspicious behavior and protect themselves, so it is best to keep your hands on the wheel where they can be seen until the officer has approached your vehicle. When interacting with police, always be sincerely respectful and courteous. If you offend the officer from the outset with your behavior, they are more likely to write up a negative report or even arrest you.

Avoid Incriminating Yourself

While you should be polite and comply with an officer’s requests, you do not have to answer questions that may incriminate you. You will certainly be asked to give your name, license, registration, and insurance information, but you are not required to answer further questions about how much you have been drinking. The police will pressure you to talk and what you say to them should be truthful. If you only had a few drinks and want to share that information, you can do so while remaining aware that anything you say will go into their report as evidence. If you are unsure of what to say, talk to an experienced criminal attorney before giving a statement to the police. Conviction for a DUI/DWI can have serious consequences, including points on your license, suspension of your license, high fines, and jail time.

Haddonfield Criminal Defense Lawyers at Aita Law, LLC Help Those Facing DUI/DWI Charges

If you are facing DUI/DWI charges, you need an experienced Haddonfield criminal defense lawyer at Aita Law, LLC on your side. We know the New Jersey courts and will defend your rights under the law. Call us at 856-287-7800 today to schedule a free consultation about your case or contact us online. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including those in Camden County and Cherry Hill.

Jail versus Prison

The words jail and prison are not interchangeable terms, though many use them as such. While it is true that the two have similarities, they also have basic differences, starting with the length of time that inmates are required to stay.

Short and Long Term

Jails are less serious than prisons in terms of how long individuals must stay within their walls. Jails are run by county sheriff departments and inmates are sentenced for shorter time periods, often for misdemeanor convictions. Others remain there while awaiting trials. In New Jersey, the maximum jail time allowed is 364 days, but there are cases when misdemeanor sentences run consecutively, increasing this time.

People who commit more severe crimes and receive sentences for a year or more are sent to prisons, run by the New Jersey Department of Corrections or the Federal Bureau of Prisons. Many of those in prisons have been convicted of felonies.

Basic Rights and Different Programs

Jail and prison inmates have certain rights, including not having to experience cruel and unusual punishment, racial discrimination, or sexual crimes; they have rights to humane treatment, medical care, and access to the court system. They are also allowed visitors and have limited rights to property possession and free speech.

Jails are generally less dangerous than prisons, since those in jails usually have not committed crimes as serious as prisoners. Jails also provide educational, vocational, and substance abuse programs, as well as work release opportunities designed to help individuals improve their situation once they are released.

Prisons also provide programs to help inmates, which depend on whether the inmate is in minimum or maximum security. There are community restitution centers, work release programs, and halfway houses designed to meet these needs. They are more likely to become available as an inmate’s prison term nears its end.

Plea Deals

New Jersey laws specify a plea deal referred to as 364 days in County Jail as a condition of probation. This is an option for those who committed crimes that might not be severe enough for state prison. This plea can be a condition of probation, and judges may sentence the person from one to 364 days within a country prison with probation, or the defendant can be given probation only, without prison time.

On the other hand, some inmates would rather stay in a prison than a jail because prisons are used for long-term stays, and often have better facilities and programs than their counterparts. Repeat offenders that are familiar with the system may prefer prison time followed by probation if this is made available. Jails have people constantly coming in and going out, so it is hard to maintain regular schedules and an acceptable standard of living.

It is important to know that the websites of the Federal Bureau of Prisons and New Jersey Department of Corrections allow access to prison records, which can harm a person’s future job prospects and other facets of their post-incarcerated lives.

Haddonfield Criminal Lawyers at Aita Law, LLC Protect the Rights of Those Convicted of Crimes

If you or someone you care for is facing conviction for any type of crime, reach out to an experienced South Jersey criminal defense lawyer at Aita Law, LLC. Call us today at 856-287-7800 or complete an online form for a free consultation. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

Holiday Shoplifting Charges

With pressure to buy gifts and create a perfect celebration, many people turn to shoplifting during the holidays. Black Friday can be especially chaotic with throngs of shoppers crowding into stores, allowing shoplifters ample opportunity. Shoplifting may not be planned; it can happen at the spur of a minute. Yet, no matter how much thought a shoplifter puts into their crime, the consequences can be serious.

Why Does Shoplifting Increase During the Holidays?

The holidays are difficult for some, especially those experiencing financial difficulties or tragic losses. Being unable to give to others, decorate, or participate in festivities can feel embarrassing and depressing. Expectations can run high this time of year, and those unable to meet them can feel pressured and make mistakes that will haunt them. Depending on the items stolen, individuals that shoplift can face fines and imprisonment. Other consequences may include being hit with a civil lawsuit.

What Counts as Shoplifting in New Jersey?

In New Jersey, shoplifting charges are not just for simple petty theft. It includes changing price tags to purchase something at a lower amount or hiding items inside something else being bought; these are also referred to as theft by trick. Stealing shopping carts is also categorized as shoplifting. Cashiers can also be charged if they purposely under-ring or give a customer free goods without consent.

Shoplifting Penalties and Fines

Every state has its own rules when it comes to shoplifting. In New Jersey, the value of the merchandise stolen or altered will determine the penalties and fines.

For stolen goods with a full retail value of $75,000 and up, it is a second-degree offense. This is punishable with up to $150,000 in fines and five to 10 years in prison.
If the merchandise’s retail value is more than $500 but under $75,000, it is a third-degree offense. This can incur fines up to $15,000 and three to five years imprisonment.
For items between $200 and $500, it is a fourth-degree offense. Offenders may be fined up to $10,000 and 18 months in prison.
If the value is less than $200, it will be classified as a disorderly persons offense.

Anyone convicted of one of these may be mandated to perform 10 to 90 days of community service. It is important to keep in mind that these penalties can increase if it is the person’s second, third, or subsequent offense. Convictions can also make it difficult for offenders to find employment or education.

Defense Strategies

It is possible to fight shoplifting charges, and some cases can be resolved with little to no jail time. Some individuals may claim that they had not intended to shoplift the goods; an individual could say they tried on a necklace and forgot to remove it before leaving the store, or that an item had fallen from a shelf into a shopping bag.

Sometimes, a shopper may be accused of stealing an item that already belonged to them that they brought into the store. In other situations, cashiers forget to remove sensors from items when they are being purchased. During the busy holiday season, these instances can happen more frequently to shoppers.

Haddonfield Criminal Lawyers at Aita Law, LLC Help Individuals Accused of Shoplifting

If you are faced with shoplifting charges, contact a knowledgeable Haddonfield criminal lawyer at Aita Law, LLC. For a free consultation, complete our online form or call us at 856-287-7800. Located in Cherry Hill, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

What Should I Do When Facing Child Pornography Charges?

Child pornography charges are very serious and in New Jersey, penalties for this type of crime, if convicted, are harsh. Viewing any material depicting a child engaged in sexual acts, including photos or videos, is considered third-degree child pornography and can lead to prison time of up to five years and a fine of up to $15,000. Under New Jersey statutes, it is a crime to view illicit sexual images of anyone under the age of 18. Even if you did not realize that the people in the pictures were under 18, you are still responsible.

Many people do not realize that when browsing the internet, your IP address is visible at every site you visit. Your IP address is associated with your billing address and internet accounts, so if you stumble across a site that authorities are monitoring for unlawful images, they will have a record. If you are facing child pornography charges, the following tips will prove helpful.

Remain Silent in the Presence of Law Enforcement

The most important thing to know if you are charged with crimes related to child pornography is to exercise your right to remain silent. Do not speak to any law enforcement officers or investigators without legal counsel present. While you may feel it necessary to defend yourself, it is possible you will unknowingly make statements that will damage your case. It is crucial that you contact a criminal lawyer with experience defending sex crimes who will know how to handle your case. As with any criminal charge, a defendant is innocent until proven guilty and you have a right to fair treatment. A criminal lawyer may be able to get the charges dropped or mitigated.

Do Not Save Images

If you are the recipient of sexual photos or videos that depict anyone underage, including via text message, do not save them. Saving the image is treated as reproduction or manufacturing of child pornography and makes the crime more severe with accompanying penalties.

Consider Working with a Therapist

To achieve the best possible outcome and avoid jail time, it may be helpful to demonstrate through psychological evaluation that you are not a danger to the community. The most success can be achieved by being proactive. Once you are indicted and trial begins, your defense options are limited. Pornography is so prevalent in today’s internet culture that many people are unaware they crossed the line and viewed or possessed something illegal. Working with a therapist can help avoid severe consequences.

South Jersey Child Pornography Defense Lawyers at Aita Law, LLC Defend Those Charged with Child Pornography

If you were charged with child pornography crimes, you should speak with an experienced South Jersey child pornography defense lawyer at Aita Law, LLC immediately. Call us at 856-287-7800 or contact us online to schedule a free consultation. We will fight for your right to fair treatment and help you achieve the best possible outcome for your case. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

Do I Have to Wait for the Legalization of Marijuana to Get My Charges Dropped?

Although Governor Phil Murphy campaigned on a recreational marijuana legalization platform nearly two years after he assumed office, there is still no legal recreational cannabis in the Garden State. If you were arrested for possession of marijuana, you are still committing a crime. Fortunately, there are ways to get the charges erased from your record, so that they do not affect your future ability to obtain employment or qualify for loans and scholarships. Much depends on the individual circumstances of each case and the amount of marijuana involved.

Expungement

Expungement wipes the record of a criminal conviction, or even an arrest, clean. Background checks will not reveal this record. While the time limit for marijuana possession or distribution expungements vary according to the charges, in most cases, a person is permitted only one expungement in a lifetime. Currently, if a person successfully completes probation drug court, New Jersey allows for the expungement of records for marijuana possession or distribution convictions, if the amount involved was less than 25 grams.

If a person is arrested for marijuana possession, but the case is quickly dismissed, they can start the expungement process right away to remove the arrest record. Expungements for such dismissals do not include the one-time use factor. If the person is arrested and successfully completes a pre-trial intervention program, a waiting period of six months is imposed before applying for expungement.

For those who pleaded guilty to or were convicted of marijuana possession of less than 50 grams, the waiting period before applying for expungement is five years. It is possible to apply after three years if the individual can show a good reason for the early consideration. This is a disorderly persons offense, and expungement is not possible for someone who has more than two disorderly persons convictions.

The expungement process requires a great deal of paperwork, which is sent to various parties statewide. While it is possible for someone to tackle expungement on their own, it is a complex undertaking and why relatively few complete all the necessary documentation on their own. Legal help can make the expungement a reality.

Legalization

If legalization does occur, erasing the record should be a smoother process. However, it is still not known exactly what form post-legalization expungement will take. One proposed bill, which has not become law, allows people to clear marijuana offenses from their record at no cost, but all documentation is still required. Under this proposal, there is no expungement waiting period.

Governor Murphy voiced support for a measure that would make nonviolent misdemeanor charges more than 10 years old invisible to anyone outside of the law enforcement and judicial system. It is based on Pennsylvania’s Clean Slate Law. There is also the question of which marijuana offenses are expungable after legalization.

Haddonfield Criminal Lawyers at Aita Law, LLC Help Those Charged with Marijuana Offenses

Until legalization, a marijuana charge can have lasting repercussions. If you are facing marijuana charges or want to know about expungement for prior offenses, contact an experienced Haddonfield criminal lawyer at Aita Law, LLC. Call us today at 856-287-7800 or contact us online to schedule a free consultation. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

New Jersey DUI and DWI Laws

As we approach the holiday season, we look forward to festive celebrations with family, friends, and coworkers. For some partygoers, that means a cocktail or two. Unfortunately, that also means more inebriated drivers on the road. According to the Department of Transportation, the week between Christmas and New Year’s Day sees an average of 300 people fatally injured in drunk driving car accidents every year. Before joining in the festivities, New Jersey drivers should know about recent changes regarding driving under the influence (DUI) and driving while intoxicated (DWI) laws that increase penalties for first-time offenders and shift the focus from license suspension to the use of Ignition Interlock Devices (IID).

Ignition Interlock Devices for First Offenders

In August, New Jersey became the 34th state to mandate IID for all DUI/DWI offenders, even for first offenses. Any driver who refuses to submit to a breath test or is charged with a DUI/DWI offense is required to pay for and install the device in their vehicles. An IID is a small digital device that records the user’s blood alcohol content (BAC). The driver blows into the device when starting the car and periodically while driving to verify their BAC stays under 0.08 percent. If the BAC is over the acceptable limit, the car will not start.

An Overview of New Jersey DUI/DWI Laws

All first-time offenders will have their license suspended and are required to purchase, install, and utilize an IID for the duration of and after the suspension. License suspensions start at 30 days and increase with a higher BAC. Penalties vary by case, but a first-time offender can also expect:

Incarceration from 12 hours to 30 days
Significant fines
Insurance surcharges
Mandatory classes at the Intoxicated Driver Resource Center

For second offenses, the IID is installed for a longer period. Anyone who refuses to install an IID will have their license suspended for 18 months. Prior to the recent changes in New Jersey’s DUI/DWI laws, suspensions were longer, but IIDs were not required.

Tips for Celebrating Safely

Individuals who drive while intoxicated risk serious penalties that can be life-changing. Besides the stigma of a DUI offense, there are steep legal and financial losses that can overshadow your future. Most importantly, there is the risk to your life and the lives of those around you. The following are tips for celebrating the holidays safely:

Hand your keys over to a trusted friend or coworker
Pick a designated driver
Use a rideshare service
Take public transportation
Pace yourself and stop drinking at least 90 minutes before you plan to leave

With a bit of planning, your holiday season is certain to be festive, fun, and safe.

Haddonfield Criminal Lawyers at Aita Law, LLC Represent Clients with DUI/DWI Charges

While DUI/DWI penalties in New Jersey seem straightforward, with skilled legal counsel, some charges can be effectively contested. Because there is much at stake, it is important to enlist an experienced Haddonfield criminal lawyer at Aita Law, LLC to advocate for you. We will carefully evaluate every detail of your case to build a strong defense and work toward the best resolution possible. Call us at 856-287-7800 or contact us online to schedule a free consultation today. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

Arrested on Mischief Night

Halloween can be a fun night filled with trick or treating and innocent pranks. However, it can also lead to more serious activities that blur the lines between pranks and crimes. As you prepare for Halloween this year, you should also prepare Mischief Night, the night before Halloween.

What is Mischief Night?

Mischief Night takes place the night before Halloween and is more about tricking than treating. Mischief Night consists of rather harmless pranks, such as toilet papering someone’s home or egging their front door. Although Similar to Devil’s night, Mischief Night is usually less harmful than Devil’s Night, which may involve more arson-related crimes.

Is Mischief Night Illegal?

Mischief Night itself is not illegal, but some of the pranks pulled by children are. In New Jersey, police enforce curfews for those under 18 years old. A police department in Parkland, New Jersey issued a statement informing its citizens that they will confiscate items, such as toilet paper and shaving cream, from children wandering unsupervised on the street. Other towns in the state adopted a zero-tolerance policy, meaning that juveniles who are discovered to have paintball guns, eggs, or shaving cream can be arrested and charged with a criminal offense.

Mischief Night Pranks That May Become Crimes

Pranks that have the potential of becoming crimes include:

Criminal Mischief: Includes damage to someone’s property.
Disorderly Conduct: Occurs when a person creates a hazardous or physically offensive condition, which serves no purpose of the actor.
Arson: Intentionally starting a fire with the purpose of destroying or damaging a property.
Criminal Trespassing: Includes breaking into someone’s property.
Theft or Burglary: Includes taking someone else’s property, as well as breaking into someone’s property with the intent to commit a crime.
Simple or Aggravated Assault: Includes bodily harm ranging from mild to serious.

Criminal Charges

Depending on the damage caused on Mischief Night, individuals can face the following consequences:

Up to six months in jail
As a fourth degree offense, you may be sentenced to up to 18 months in jail if damage between $500 to $2,000 was caused
Third degree criminal mischief charges, which include property damage of $2,000 or more. You may also be charged with third degree criminal mischief charges if your conduct interfered with a public entity, and if you damaged a grave.

Haddonfield Criminal Lawyers at Aita Law, LLC Represent Individuals Filing Criminal Mischief Charges

If you or someone you know is filing criminal mischief charges, contact a Haddonfield criminal lawyer at Aita Law, LLC. Our lawyers will fight for your rights and will obtain the compensation you deserve for your suffering. For a free consultation, contact us online or call us at 856-287-7800. Located in Haddonfield, New Jersey, we proudly serve clients throughout South Jersey, including Camden County and Cherry Hill.

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