Essex County Criminal Defense Lawyer

When it comes to criminal charges, you should work with a serious legal professional on your defense strategy. The Law Office of Louis G. DeAngelis, LLC is a results-driven firm that will work one-on-one with clients to develop a personalized defense strategy that seeks as favorable a result as possible. Whether you have been charged with DWI or a drug-related offense, Attorney Louis G. DeAngelis can help.

Call (201) 254-8484 or submit an online form here for a free consultation.

Charged with Driving While Intoxicated?

New Jersey prohibits the operation of a motor vehicle while under the influence or with a BAC of .08% or greater, where “under the influence” refers to a substantial deterioration of the mental faculties or physical capabilities. Be aware that a vehicle owner can also get a DWI conviction for permitting an intoxicated person to operate the owner’s vehicle. In such a case, though, there must be evidence of intent to drive but not actual movement of the vehicle.

The penalties for a first offense include up to 30 days in jail, $250-$400 in fines, 12-48 hours in the state’s Intoxicated Driver Resource Center (IDRC) Program, and license revocation for 3 months. The penalties will increase for subsequent offenses and/or if the vehicle was carrying a passenger under 18 years of age, often called a “disorderly persons” offense.

New Jersey operates under implied consent laws, which enables a law enforcement officer to request drivers to submit to a BAC test. It is best to simply submit to a test, because unlawful refusal could lead to enhanced penalties:

• 7 months to 1 year license revocation;
• $300-$500 in fines;
• IID use for 6 months to 1 year for a first offense; and
• an annual insurance surcharge of $1,000 per year for 3 years.

Note that New Jersey has statutory limitations in place for DWIs depending on whether the offense is a first, second, or third offense. If a DWI incident occurs more than 10 years after a former first offense, the incident will be penalized as a first offense, and a third offense where none of the prior offenses were within the last 10 years will be penalized as a second offense.

Accused of Intent to Sell?

In New Jersey, individuals can be charged with drug distribution merely for their intent to do so. Admissible evidence for having an intent to distribute drugs could be if a person possesses a digital scale, large amounts of baggies, lists of retail distributors, or other evidence.

Note that since the law does not specifically define what “intent” actually means, this can often be a good point that a defend attorney can argue in court. For example, the prosecution may attempt to prove that the amount of the drug in possession was too much for personal use and therefore intended to be sold.

Note that penalties are not diminished by the fact that it may be a person’s first offense; a first-time charge of selling drugs can still result in being sent to jail. However, a first-time offender may be eligible for a diversionary program (Pre-Trial Intervention or Conditional Discharge) to avoid conviction, depending on the level of charge and other circumstances.

The sentencing for intent to sell is the same as the sentencing for drug distribution, which takes into account the weight of any adulterants or dilutants. Heroin or cocaine are classified by the following:

• 5 oz. or more – first degree crime punishable by 10-20 years in prison
• 0.5 oz. to 5 oz. – second degree offense punishable by 5-10 years in prison
• Less than 0.5 oz. – third degree crime punishable by 3-5 years in prison