What Does Workers’ Compensation Cover in New Jersey?
The Mark Law Firm offers experienced representation in all types of criminal matters, from petty juvenile offenses to felonies. No matter the reason for arrest or age of the accused, it’s critical to take the threat of prosecution seriously. We’re dedicated to providing thorough and aggressive legal defense for our clients who are accused of crimes. We’ll work with you throughout the legal process, helping you understand what to expect and fully prepare for each step. Learn more about criminal law and procedure in New Jersey below.
Municipal courts typically are located within the local municipality and derive their authority from the State Constitution.
Municipal court handles matters such as traffic matters, disorder and petty disorderly persons offenses, ordinance violations, and DWI and DUI arrests. More serious offenses, such as indictable crimes, are handled at the Superior Court in the County.
There are many traffic offenses that are routinely handled by The Mark Law Firm in municipal court, such as:
In addition to traffic charges, The Mark Law Firm routinely handles disorderly persons offenses, such as:
You’ve made a bad mistake, and now you are faced with a trial and a conviction.
You need to make a decision that is best for you and your family. Your lawyer tells you about this program the State Prosecutor is offering you, where you will have to go into a diversionary program, but if you are successful, the charges against you will be dismissed. This option is commonly referred to as PTI, or Pre-Trial Intervention.
The offer from the State Prosecutor is to enter into the diversionary program, undergo probation, community services, and a rehab program for drugs and alcohol. You are also going to be required to be processed, have your fingerprints taken, and have a “mugshot” taken.
Once you have completed the PTI program, it’s as if the arrest and charge never happened. You will have no criminal record.
A conditional discharge is a statutory program that allows a defendant a stay from conviction, and eventually a dismissal of pending charges, so long as the program is completed.
The program is available with respect to disorderly persons offenses, typically drug possession charges stemming from Municipal Court. To be eligible for a conditional discharge, you cannot have a prior conditional discharge or pre-trial intervention admittance.
A conditional discharge is made by motion to the Municipal Court Judge, who then decides if a period of supervised treatment and random drug monitoring is appropriate. Most supervisory treatment plans last one year, but may be imposed for up to 3 years. Once full compliance with the terms imposed by the Judge for the conditional discharge is met, the charges will be dismissed. This means that you cannot have a relapse, must not be arrested, and cannot fail a random drug screen. Six months after the discharge, you may apply for a full expungement of the charges.
If you fail to comply with the court’s terms and conditions of a conditional discharge, the charges are reinstated, and you must face trial or work out a plea deal with the prosecutor. The costs for a conditional discharge are nominal compared to the benefit. A fee of $45 to apply, a mandatory $500 DEDR penalty, $50 lab fees, and $33 court costs.
The Mark Law Firm takes the defense of its clients very seriously. A few of the more common arguments made in the defense of our clients are listed below. A determination of a person’s innocence or guilt can often seem simple, but the legal arguments designed to convince a judge or jury of your innocence are not simple. The state must prove your guilt beyond a reasonable doubt, and The Mark Law Firm fights to prove your innocence. Our criminal defense team applies the following defenses and general principles of justification.
These types of defenses are available should you truly have a viable legal basis to assert such a defense. The case and all charges may be thrown out if the defense is supported by credible evidence.
According to NJSA 2C:1-6, Time Limitations, the State of New Jersey must file criminal charges against you within a certain period of time. If the State fails to do so, you may have a claim that the charges were filed out of time.
According to 2C:1-4b. (1), the prosecution for a crime must be filed within five (5) years after it is committed.
The prosecution of a disorderly persons offense or petty disorderly persons offense must be commenced within one (1) year after it is committed.
The prosecution for certain offenses, such as aggravated criminal sexual contact and Endangering the Welfare of a Child, and when the victim is under 18 years of age, must be commenced within five (5) years of the victim turning 18 or within 2 years of the discovery of the offense by the victim, whichever is later.
If you’ve been charged with a crime in New Jersey, our dedicated legal team is here to help defend you at every turn. Contact The Mark Law Firm for a free initial consultation today so we can get started working on your case and building your defense.
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