Assault Archives - Kenneth Aita, Esq

Category: Assault

The Clean Slate Provision for Expungements

In December of 2019, New Jersey Gov. Phil Murphy signed into law the Senate Bill 4154, which provides a path for expungement for a range of offenses that were previously barred from such relief. This “clean slate” provision has been created to help those who might not have had an opportunity for expungement in the past or became entangled in the complex judicial rules of the state.

Who is Eligible for Expungement Under the Clean Slate Provision?

There are different levels of eligibility based on the new provision. The standard waiting period for expungement has been lowered from six years to five years. The number of offenses that can be expunged has risen from four to five. Previously, only the most recent conviction could be expunged, provided that it was eligible for expungement.

Anyone who has remained offense-free for 10 years will have all offenses removed from the record as part of the new law. However, the offenses must be eligible for the program. Offenses like robbery, murder, aggravated assault, and sexual assault cannot be expunged.

Additionally, a drug charge will be considered a disorderly persons offense. This offense can be expunged like any other, provided that the offender has gone 10 years without another offense. Someone with two or more unrelated convictions could not have his or her convictions expunged. Under the new law, expungements are allowed for eligible offenses, even if both offenses occurred at the same time.

An important feature to note is that anyone who has an ineligible offense on his or her record cannot file for expungement. Moreover, someone who is convicted of an ineligible offense after expungement will have those expungements nullified.

While Gov. Phil Murphy believes a long record of law abiding citizenship is a good indicator of rehabilitation, anyone who goes back to a life of crime will lose the benefits of this new law.

How are Eligible Expungements Claimed?

Expungements can be handled through an online system that was created with this new law. The law eliminates all expungement fees, and it only asks for compelling reasons to expunge certain offenses. Someone who is seeking an expungement no longer must prove that it is in the public interest for them to receive an expungement.

The system is also automated. New Jersey plans to create a system that will expunge all eligible offenses after 10 years without filing. This system is currently in development, and the law requires the state to budget for this program.

Currently, someone who wishes to file for an expungement under the law must submit his or her expungement application, pay a standard filing fee, and wait for the paperwork to be processed.

How Can a Lawyer Help During This Process?

Filing for an expungement can be complicated if the offender needs to provide compelling reasons to have his or her record expunged. The offender’s crimes may stretch back for some time or may fall near the line of ineligibility. While the law states that violent offenses cannot be expunged, a lawyer may need to review the case if the offender believes he or she was wrongfully convicted and has already served his or her sentence.

Haddonfield Criminal Defense Lawyers at Aita Law, LLC Assist Anyone Seeking Expungement Under the New Clean Slate Provision

Reach out to one of our Haddonfield criminal defense lawyers at Aita Law, LLC for help with an expungement today. A member of our legal team will review your case and help you file for an expungement for all eligible offenses. Call us today at 856-287-7800 or contact us online for a free consultation. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

What Is Considered Cyberbullying?

Advanced technology improves our lives every day, but it could also cause long-term harm for people. A mere afterthought a decade ago, the term cyberbullying is becoming more and more prevalent each day, especially with the dawn of social media, where information is posted and seen almost instantaneously.

Harms of Cyberbullying

Cyberbullying is when someone uses electronic communication to harm, intimidate, or blackmail another person. Anonymity makes cyberbullying perhaps worse than physical bullying or even assault; a victim does not necessarily know who is doing the bullying. It is more of a serious issue among teenagers as well, almost 75 percent of students admitted to hurting another person online, and 70 percent of students admitted to witnessing cyberbullying.

National Problem

Cyberbullying has become a nationally known problem, where it has been cited as perhaps the main cause of countless suicides and mass shootings. It can have lifelong effects, especially for the victim. However, it can also highly affect the bully as well. It is well documented that mental harm from bullying can severely impact a person’s emotional state.

Avoiding cyberbullying can be difficult because someone’s internet history can usually be tracked, even if the user believes they have deleted the trails. Unfortunately, someone’s internet posts or history can affect current or potential job positions.

New Jersey Laws

In New Jersey, a person could face a fourth-degree charge with fines and 18 months of prison for a cyber harassment charge. If the defendant was over the age of 21, then it would become a third-degree charge. Cyberbullying could also be considered stalking, which is also a major crime in the state of New Jersey.

To combat cyberbullying, New Jersey had enforced an Anti-Bullying Bill of Rights Act, which joins other states in the country. This is to help teachers and moderators to identify and prevent cyberbullying, bullying, and suicide. They also learn certain procedures to report and investigate bullying.

Those accused of cyberbullying may use the First Amendment as a defense, but cyberbullying falls under harassment, and threats and hateful speech may be considered illegal. In most cases, the victim of cyberbullying may believe that the threats are real and that the bully may make their threats a reality. If you are a accused of cyberbullying, the charges brought against you can be harsh, so hiring the right lawyer is essential.

South Jersey Cyberbullying Defense Lawyers at Aita Law, LLC Defend Those Accused of Cyberbullying

If you have been accused of cyberbullying or harassment, then contact one of our dedicated South Jersey cyberbullying defense lawyers at Aita Law, LLC to obtain legal guidance. Our experienced lawyers will defend your rights and get you the justice you deserve. Contact us online or call us at 856-287-7800 for a free consultation about your case. Located in Haddonfield and Marlton, New Jersey, we proudly serve the communities of Camden County, Cherry Hill, and the South Jersey area.