Contact Us Today

973-898-0161

The Consequences of a DUI Charge

by Leave a Comment

New Jersey’s DUI Process

In the state of New Jersey, driving under the influence of alcohol or drugs is a common charge, and is variously referred to as DUI or DWI. According to the Department of Justice, New Jersey law enforcement officers arrest about 24,000 people per year for this violation. On average, that is about 65 DUI arrests per day.

Understanding a DUI Charge

While intoxicated driving is a common charge, it can be intimidating for those facing the legal consequences of an arrest. Before you find an attorney, you will need to know the proper terminology in the state. Most states refer to drunk driving as a DUI, which is known as driving under the influence. However, in New Jersey, the offense is often called driving while intoxicated (DWI). The terminology may be different, but the basic charge and consequences are the same.

Under New Jersey law, a person can be charged with a DWI if the driver’s BAC (blood alcohol content) is .08 or greater. Commercial drivers and anyone under the age of 21 have a lower BAC threshold. Plus, a driver who has a BAC of at or over .10 faces enhanced penalties.

What Happens After Getting Arrested?

When a law enforcement officer stops a driver, a field test is conducted. Those individuals found driving while intoxicated are given a ticket. You might have a court date set for your case. In many situations, the court date is within a few days of the violation. During the arraignment, the judge will explain the charges, and you need to plead guilty or not guilty. A guilty plea will lead to an immediate sentence. However, a not guilty plea means that the case goes to court.

Will I Have a Criminal Record?

Drunk driving is a serious traffic violation, but it is not technically considered a criminal offense in New Jersey. For that reason, if you are convicted of a DUI, your information will not be added to the National Crime Information Center database. However, this offense will be documented with the New Jersey Motor Vehicle Commission, and that information is available to the public. In addition, the DWI charge can cause issues with insurance and employment.

In New Jersey, convictions and arrest records can be sealed during an expungement process. New Jersey’s expungement laws do exclude DWI convictions since they are not criminal offenses. If you have questions about your record, reach out to a Morristown criminal defense lawyer.

What Are the Penalties for a DWI?

If you have been charged with a DWI in New Jersey, you are probably worried about the consequences. In many cases, your driver’s license will be suspended, and you must pay hefty fines and court costs. Many drivers might have to install an ignition lock device in their vehicles. This device is similar to a Breathalyzer, and it will measure your BAC level before you will be allowed to start the car. Even a trace of alcohol could render the vehicle undriveable.

Many of these penalties are based on certain factors. If it is your first offense, the penalties are less severe than someone facing a third or fourth charge. Those with a first DWI conviction can be sentenced to up to 30 days in jail, although alternative penalties such as community service are often assesses, and they will likely have their license suspended through a separate administrative hearing. For those who have a BAC of .10 percent or more, you could face a driver’s license suspension of at least six months with a fine ranging from $300 to $500.

Second DWI offenses can lead to a two-year license suspension, community service, and fines in excess of $1,000. As a driver continues to get arrested for this offense, the penalties and consequences will continue to increase, including permanent revocation of a driver’s license.

DWI and Reckless Driving Charges

In some cases, the DWI offenses can overlap with reckless driving charges. Under NJSA § 39:4-96, a person can be charged with reckless driving if the individual had a “willful or wanton disregard of the rights or safety of others, in a manner to endanger, or be likely to endanger, a person or property.” Some examples of reckless driving can include blocking other vehicles, ignoring traffic lights and signs, and weaving in and out of traffic lanes.

Like DWI offenses, a first-time reckless driving charge can include a fine and jail time. For those second and recurring offenses, the fines and jail sentences will increase. Along with that, the judge could temporarily suspend the individual’s driving license.

What Happens to My Insurance?

While many people worry about the fines and jail time associated with a DWI arrest, other consequences should be addressed as well. If you are found guilty of a DWI, it can negatively impact your daily life, including raising your insurance rates.

As previously stated, a DWI is not technically a criminal charge, but it will be documented on your driving record. The state does not add points to your driving record, but most insurance companies could add those points. These points are used as a way to measure whether you are a risky driver. If you have a high point range, you will have to pay a higher premium.

In some cases, the insurance company could drop you from their policies. If you have been charged with a DWI, it is vital to keep up with your insurance payments, including any periods of temporary license suspension. Any lapses in your insurance can lead to a monetary fine.

Will a DWI Conviction Affect My Employment?

With a DWI conviction, you might face some issues with your employment status. New Jersey municipal courts do not contact employers when a person is convicted of a DWI. However, you will have to contact your own employer if you work as a delivery driver, truck driver, taxi driver, chauffeur, or bus driver. Members of the military and pilots might have to disclose a DWI conviction to their employers. It is not uncommon for individuals to be terminated from their job due to a conviction.

Today, many employers will conduct a background check on anyone who applies for a job. While a criminal background check will not disclose a DWI, your driving record can show a conviction. If you are applying for a job, you do not have to talk about a DWI offense since it is considered a traffic violation and not a criminal charge.

Do I Need a Lawyer for Drunk Driving Charges?

Many people have never been arrested and have questions about the process. The New Jersey legal system is complicated. It is advisable to take an aggressive approach to these accusations. As a result, that can improve a person’s chances of beating the DWI charges. A Morristown criminal defense lawyer can examine every detail of your case and craft an effective defense. If you have been arrested for DWI in New Jersey, you need to consider all of your legal options. With the right help, you can possibly avoid the harsh consequences of a DWI conviction.

Find a Lawyer for Your Case

Anyone who has been arrested for drunk driving needs to contact a lawyer as soon as possible. When you reach out to Gregg Wisotsky, he will analyze your case and help to formulate a defense strategy for you. You want to have respected and trusted legal representation in the state, especially when facing the consequences of a DWI charge. Gregg is ready to handle your case. You can schedule a consultation by calling the Morristown office at (973) 898-0161 or visiting our website.

Your Rights During a Traffic Stop

by Leave a Comment

What Are Your Rights During a Traffic Stop?

No matter how good of a driver you are, chances are it’s happened to you: That moment of dread when you see a police car in your rearview mirror and realize that you are the one they want to pull over. As uncomfortable and frightening as this moment can be, you should understand that you are entitled to certain rights and protections during a traffic stop. If these rights are violated, you may be able to dismiss criminal charges against you. Knowing these rights — and knowing how to ensure that these rights are protected — can be critical to ensuring that you are treated fairly during a traffic stop.

Silence May Be an Option

There is a reason that you always hear about your right to remain silent. If you are pulled over, you have the right to remain silent, as does your passenger. You do not have to answer any questions at the scene. However, don’t confuse silence for non-compliance. You should listen to all commands from the police and supply identification information upon request. You should also keep your hands visible at all times, and inform the police before reaching for any documents. For the safety of both you and the officer, move slowly at all times, and make no sudden movements.

What to Do if You Are Arrested

If you are arrested for a crime, contact a lawyer immediately. Do not consent to an interrogation or sign any paperwork without a lawyer present. As someone who has been arrested, you will be entitled to a phone call. Use that call to either call an attorney or connect with a family member or friend who can do that for you. Do not answer any questions without having an attorney present.

Keep in mind: If you call an attorney, the police cannot listen to your phone call. However, they can listen to any calls you make to anyone else.

As best as you can, try to remember the names, badge numbers, and faces of any officers you interact with — particularly if you believe that your rights are being violated. This information may be important during a trial.

Rights of a Passenger

Passengers also have certain rights if the car that they are riding in is pulled over. These include:

  • The right to not be held liable for the criminal conduct of the driver.
  • The right to leave the scene of an individual, provided that the passenger is not under suspicion of committing a crime.
  • The right to refuse search requests without a warrant.
  • The right to ask questions about the nature of any detention.
  • The right to decline to ask questions without a lawyer present.

What Happens If Your Rights Are Violated

Being aware of your rights in the event of a traffic stop can ensure that you advocate for yourself. Unfortunately, regardless of your own knowledge, there are instances in which the police will — intentionally or otherwise — violate your rights. If this is the case, you may be entitled to have the charges against you dismissed. Furthermore, depending on the specifics of the situation, you may be entitled to certain compensation.

If you believe that your rights have been violated and you have been accused of a crime, you should immediately connect with a competent attorney. If you are in the area of Morristown, New Jersey, Morristown criminal defense lawyer Gregg Wistosky is an excellent option to help you protect your rights. Attorney Wistosky is one of the best Morristown criminal defense lawyers available and has ample experience in dealing with cases like yours.

If you have been charged with a crime during a traffic stop, and you believe that your rights were violated, contact Gregg A. Witotsky, Esq. With decades of experience in criminal defense cases, attorney Witotsky can help you address any potential criminal charges. Visit his website or call today at 973-898-0161.

How to Defend Yourself Against Wire Fraud Charges

by Leave a Comment

Wire fraud is a very serious type of crime that involves defrauding someone over the phone, via the internet, or by mail, and each year, there are roughly 11,000 wire fraud cases. However, many of these situations do not end with a person being convicted because these charges can be quite difficult to prove. If you are involved in a wire fraud case, there are many potential defenses to the charges.

You Thought You Were Being Truthful

To convict you of wire fraud, the prosecution has to show that you purposefully misled the other party for the purpose of defrauding them. Without being able to show your intent to defraud someone, they cannot convict you. Therefore, one of the most common defenses to wire fraud is simply that you did not realize you were misrepresenting something.

If you thought the statements that you were making were true, then you did not commit fraud. Your defense counsel might show that you were misled by another party or present evidence of how you got confused about numbers and accidentally said the wrong thing. Remember that the burden of proof is on the prosecution, so if you say you thought it was true, they have to show beyond a reasonable doubt that you knew you were misrepresenting facts.

You Were Just Exaggerating Claims as Part of a Typical Sales Pitch

Because it often involves sales disputes, some wire fraud cases may have access to a type of defense called “puffery.” Puffery is a sales tactic where a salesperson makes exaggerations to close a deal. Statements like, “This will last you a lifetime!” or “Everyone loves these products!” are typically not meant to be cold, hard facts.

Therefore, your criminal defense attorney might be able to use a puffery defense to show a lack of intent. They can explain that you were just using common sales statements with colorful language and did not expect any reasonable person to believe you This defense usually works best in situations where your lawyer can show you were just using classic idioms, common metaphors, or other normal phrases that are never taken at face value.

You Weren’t Able to Deliver Due to Reckless Business Practices

This variation on a lack of intent defense admits you did something wrong but disputes the idea that you were trying to defraud anyone. Instead, your defense team might claim that your incorrect statements were the result of negligent business practices and not purposeful misrepresentation. This defense could be used in cases where you did something like misrepresent the amount of product available or mislead a purchaser about how well your product sells.

In these sorts of cases, your wire fraud charge might be changed to a constructive fraud charge. This is a lesser type of fraud, where the defendant is negligent and unethical but does not necessarily mean to misrepresent facts. You might still face some consequences, but they may be less severe.

You Didn’t Lie About Anything Serious

Just being able to show you said something untruthful on purpose is not enough to convict you of wire fraud. Instead, the technical definition of wire fraud is purposefully trying to defraud another party by making false claims about “material” matters. “Material” essentially refers to something that is serious or essential to the entire transaction. For example, pretending to be from a person’s bank when you are not employed by the bank would be a material misrepresentation.

However, your lawyer will take a close look at any misrepresentations you made to see how important these claims were. Your Morristown criminal defense lawyer may be able to show that anything you misled the person about was not material. If you only misled the person about something that would not reasonably affect the decision to enter into an agreement with you, you might be able to defend yourself against the charges.

You Didn’t Use Mail or Wire for Your Fraud

One surprisingly valid defense is focusing on the way you committed the fraud. Instead of denying that you tried to defraud someone, your lawyer might point out that you did not use the mail, the internet, or the telephone to further your fraudulent scheme. This defense might show up in the sort of case where someone used a fake document to benefit themselves. If the attorney can show that the defendant delivered the document by hand instead of by mail, the crime might not be wire fraud.

This is very important because it changes the way your crime is handled. Wire fraud is a federal crime that carries a prison sentence of up to 30 years. Meanwhile, non-wire fraud is a crime that is handled on a state-by-state basis. New Jersey fraud charges are usually a disorderly offense or a third-degree indictable offense. These types of crimes have a lesser sentence of around one to five years in prison and a much lower fine.

The Evidence Against You Was Illegally Obtained

In any criminal case, your lawyer will take a close look at how the prosecution obtained all the evidence against you. The government is required to follow all regulations and laws when investigating a crime. It needs a warrant or another order to authorize events like searches of your property or wiretaps of your phone. It also has to make you aware of your rights when interrogating you.

If the investigators did not follow these rules while collecting proof of your crimes, your lawyer can get the court to suppress the evidence. This essentially means that the evidence is not formally presented in court, and the jury cannot consider the evidence when making its decision. This method can be very good for your case since it can keep illegally-obtained evidence from convicting you.

Your Crime Is Outside of the Statute of Limitations

This defense is a little less common than your other options, but it can be quite effective. A statute of limitations defense argues that the alleged crime was committed too long ago for you to submit a reasonable defense against the charges. According to federal law, people cannot be prosecuted for wire fraud if it has been more than five years since the event occurred.

If you are being prosecuted for things that happened five or more years ago, your lawyer might be able to stop the case in its tracks very early on. Your attorney can show the dates to the judge and ask that the case be thrown out of court. However, there are a few legal exceptions to the statute of limitations, so be prepared for the prosecution to argue back if you try this defense.

The right defense can make a big difference in your wire fraud case. Even if your defense does not prove your innocence, it can reduce the severity of your sentence. As a trusted Morristown criminal defense lawyer, Gregg Wisotsky has plenty of experience assisting with these sorts of criminal defense cases. Our team can assist you with preparing a defense and arguing your case in court. Call 973-898-0161, or fill out our online contact form to schedule your free consultation today.

Drug Trafficking and Possession With Intent to Distribute Differences

by Leave a Comment

There were an estimated 1.5 million arrests for drug law violations in the United States in 2019. Drug trafficking and possession with intent to distribute are different crimes in New Jersey in spite of their similarities. If you face charges of either, it’s important to retain an experienced Morristown criminal defense lawyer to protect your rights.

Which Drugs Are Considered Controlled Dangerous Substances?

There are certain criteria that a drug must meet in order to be considered an illegal controlled dangerous substance. In general, drugs that serve no medical purpose that are at a higher risk of being abused are especially relevant. Drugs that are commonly involved in drug cases include the following:

  • Cocaine
  • Heroin
  • Cannabis
  • LSD
  • Methamphetamines
  • Ecstasy
  • Oxycodone
  • OxyContin
  • Adderall
  • Ritalin
  • Valium
  • Vicodin
  • Xanax

What Are New Jersey’s Drug Distribution Laws?

In New Jersey, it’s illegal to possess illicit drugs, with some being considered more serious than others. Distribution refers to trafficking or transporting large amounts of illicit drugs across states or even internationally with the intention of selling. In New Jersey, it’s possible to be charged with distribution of drugs even if you simply intend to do so. In other words, you don’t have to actually distribute the drugs to be charged with the crime. If there’s sufficient proof of intent, such as having large amounts of drugs in baggies, a digital scale, or other drug paraphernalia, you can be charged and subsequently convicted.

Even if the drugs in question are those that can legally be prescribed, if you lack a valid prescription or license, you can’t legally possess or distribute them. Even if you have a small amount of a drug, you can be charged with the following:

  • Drug distribution
  • Drug trafficking
  • Manufacturing drugs
  • Possession with the intent to distribute

What Is the Difference Between Trafficking and Possession With Intent to Distribute?

The crime of drug trafficking refers to a variety of actions with illegal drugs. Selling, manufacturing, creating, transporting, moving, or distributing drugs all fall under the drug trafficking category. Trafficking specifically refers to any substances that are moved from one place to another and usually involves movement from one state to another or even one country to another. This often involves a much larger setup than simply one or two people. When drug trafficking is done on a large scale, it can be on a national or even international scale with millions of dollars earned from sales.

Possession of drugs with intent to distribute is a crime that also involves manufacturing, distributing, or possessing drugs. However, it involves an intent to manufacture or distribute illicit drugs. This crime is often proven in court by prosecutors when the defendant possesses items that indicate an intent to distribute, such as drugs stored in plastic baggies found in the person’s car.

What Are the Penalties for a Drug Trafficking Conviction?

Punishment for a drug trafficking conviction can be very serious. If you face these charges, don’t take them lightly. Consult with an experienced Morristown criminal defense lawyer immediately.

Penalties can range depending on the circumstances, amount of the drug being trafficked, and more. However, drug trafficking usually carries a charge of a first-degree felony. The following may apply for a conviction:

  • Up to 18 months in prison for a fourth-degree felony conviction
  • 3 to 5 years in prison for a third-degree felony conviction
  • 5 to 10 years in prison for a second-degree felony conviction
  • 10 to 20 years in prison for a first-degree felony conviction

There are also fines handed down as part of a defendant’s conviction. You may lose federal benefits and civil rights if you face a conviction for drug trafficking.

What Are the Punishments for Possession With Intent to Distribute?

The punishments you can receive for a conviction of possession with intent to distribute depend on the drugs and the amount that was found. The following can be given for a conviction:

  • Up to 18 months in prison and a fine of up to $10,000 or $25,000 depending on the drug for a fourth-degree felony conviction
  • Up to 3 to 5 years in prison and a fine of up to $75,000 for a third-degree felony conviction
  • Up to 5 to 10 years in prison and a fine of up to $150,000 for a second-degree felony conviction
  • Up to 20 years in prison and a fine of up to $500,000 for a first-degree felony conviction

If you’ve been arrested for drug trafficking or possession with intent to distribute in Morristown, New Jersey, contact the law firm of Gregg Wisotsky at (973) 898-0161 today.

The Difference Between a Misdemeanor and a Felony Drug Crime

by Leave a Comment

What Determines the Charge for Drug-Related Crimes?

The difference between a felony or misdemeanor is not a small one: It can ultimately determine a variety of factors, including the fine you pay and the length of your jail time. The amount of arrests in New Jersey for drug-related crimes is accelerating, with the number of charges filed now higher than ever before. There are key differences between misdemeanor and felony drug charges, and it is vital that you understand these differences.

Four Types of Drug Possession Charges

In the state of New Jersey, there are four types of drug possession charges that you can face. They include possession of:

  • Less than 50 grams of marijuana
  • Narcotics or controlled dangerous substances
  • Other drug paraphernalia
  • Unauthorized prescription drugs

There are also a variety of other drug-related charges that you can face, including being under the influence of illegal drugs, failing to properly dispose of an illegal drug, drug distribution, and more.

Factors That Lead to a Felony or Misdemeanor Drug Charge

The prosecutor’s decision to charge someone with a felony versus a misdemeanor can depend on a variety of factors. The most important among those is the severity of the charge. For example, someone who is arrested for possession of a small amount of marijuana will almost certainly face a misdemeanor if it’s their first offense.

The type of drug that the person has is one example of a factor that impacts the charge given. Marijuana is usually considered to be a less severe and dangerous drug by prosecutors, and it is thus more likely to face a misdemeanor charge. People who are arrested with other drugs that are largely considered to be more dangerous, such as heroin, methamphetamines, LSD, ecstasy, or cocaine, are more likely to face a felony charge.

The amount of the drug is another important factor. Someone found with only enough of a drug for personal use may only be charged with a misdemeanor. Conversely, someone who is found with large quantities of the drug – even if it was just for personal use – is more likely to face felony charges.

Whether or not the person arrested has a prior record will also impact the crime with which someone is charged. Someone who has an extensive criminal history is more likely to face a felony than someone who has been arrested for the first time. In addition, a person who has a long prior record is more likely to face more severe penalties, regardless of whether or not they are arrested for a misdemeanor or a felony.

The above is not an exhaustive list of circumstances. Other mitigating circumstances include:

  • Were any minors involved in the drug possession case in question?
  • Did the incident occur near a school, daycare, or addiction recovery facility?
  • Was anyone injured or killed in the case in question? Were there any overdoses?
  • Did the case involve the use of extensive public resources, like police time or investigations?
  • Is there a plea deal in question? Is the individual who has been arrested cooperating with authorities?
  • Has the person in question agreed to seek treatment in exchange for lesser charges?

Thankfully, there is no shortage of attorneys that can assist you in fighting off these charges or reducing your sentence. If you are in New Jersey, you can always use a Morristown personal injury lawyer. This can help ensure that their legal needs are represented.

If you are in the Morristown, New Jersey area, and you need help in dealing with drug charges, contact Gregg Wisotsky today. He offers a variety of the exemplary services that you would expect out of a Morristown personal injury lawyer. Call us today at 973-898-0161, or make an appointment by filling out our online contact form.

What You Should Expect After a DUI Charge

by Leave a Comment

What Happens When You Are Charged With a DUI?

Every year, roughly 1.5 million people are arrested for drunk driving. If you are one of the many people facing drunk driving charges, it’s understandable to feel worried and confused. Knowing what to expect can help this time feel less stressful and overwhelming.

Deciding Whether or Not to Plead Guilty

One of the first steps after your DUI arrest is deciding what your plea will be. At the arraignment hearing, you will hear the charges against you and have the option of pleading guilty, not guilty, or no contest. In most cases, people will plead not guilty. Even if there is a lot of potential evidence with you, it is better to start with a not-guilty plea. This gives your Morristown criminal defense lawyer more time to make your case and find reasons that you should not be convicted or get a severe sentence.

It is rare for a person to plead guilty at the arraignment or during the early parts of their case unless they have already developed a plea bargain with the state. A plea bargain is a deal where you agree to plead guilty in return for the state providing you with a specific sentence. The prosecution will often push a plea bargain because it saves the state time. A plea bargain can be a way to get a reduced sentence when the evidence is stacked against you. However, these terms might not be favorable. It is never a good idea to accept a plea bargain without having a lawyer carefully consider your case.

Considering Possible Defenses to DUI Charges

After your arraignment, your Morristown criminal defense lawyer will work with you to prepare a case. There are several steps in their preparation, including gathering evidence on your behalf and meeting with the prosecution to discuss your case. They may talk with medical experts, interview witnesses, or try to find security camera footage of your drive or your traffic stop. All of these steps focus on finding a good defense against your DUI charges.

One option is claiming that the police did not behave correctly. If your lawyer can show that the evidence against you was collected illegally, the evidence cannot be used to convict you. A common reason to throw out DUI evidence is that there was no probable cause. If an officer did not have a reason to pull you over and ask to check your blood alcohol levels, your case might be dismissed. Other improper behavior like failing to tell you your rights or ask consent before a breathalyzer may negate evidence against you.

Your lawyer may also be able to cast doubt on the amount of alcohol in your system. If the traffic stop used nonstandard sobriety tests like asking you to repeat the alphabet backwards, it is very hard for the prosecutors to prove you were under the influence. These sorts of tests can have uncertain results since alcohol affects everyone differently. Even more scientific options like breathalyzers might not provide foolproof evidence. Breathalyzers tend to be very faulty equipment. If you use it improperly or if it is broken, your result might not be valid. Certain medical conditions, like acid reflux or dental work, can cause alcohol to linger in your mouth and further throw off your results. Your DUI lawyer may be able to bring in medical experts who can testify on your behalf and show why breathalyzer results should not be used in your case.

Another common DUI defense is proving that you were not actually in control of the car. In New Jersey, you can only be convicted of a DUI if you are over the legal alcohol limit and are operating the car. “Operating” is a very broad term that can include things like sitting in the driver’s seat while the engine is running or sitting in a car parked on the side of the highway. However, your lawyer might be able to argue you were just in the car while waiting to sober up. For example, if you were in the backseat of a car parked by a bar, your lawyer could potentially prove you were not in control of the vehicle while drunk.

Pleading Your Case in Court

After going through the arraignment and the evidence-gathering process, it will be time for your actual court date. On the appointed day, you will arrive at court with your lawyer and any witnesses on your behalf. Depending on your type of DUI, you may just appear before a judge, or there may be a jury present too. Most DUI cases will not be as dramatic as the courtroom cases that you see on television. For most of the trial, you will just sit quietly and watch evidence be presented to the court.

The prosecution will have an opportunity to present any evidence against you, and your lawyer will have the chance to question witnesses or question the admissibility of the evidence. Next, you have a chance to defend yourself. Your lawyer might ask you to go on the witness stand, or they might present a statement on your behalf. After both sides have a chance to present and challenge evidence, the court will deliberate your case. They can find you guilty, find you not guilty, or declare a mistrial.

Finding Ways to Reduce Your Sentence

In the unfortunate event of a conviction, you still have many options available to you. Not all DUI charges result in the same sentence. The right lawyer making the right argument in court can mean that you avoid jail time or other major consequences. Therefore, if a conviction seems likely, your Morristown DUI lawyer will start doing what they can to get you a favorable sentence. Potential sentencing can include jail time, fines, addiction treatment, community service, and suspension of your driving privileges.

The biggest factor in your DUI sentence will simply be whether or not anyone was injured because of your actions. In New Jersey, if you are convicted of a DUI but did not harm anyone, you might avoid jail or only get around 180 days. Therefore, your lawyer might go over any accidents you were involved in and attempt to show that the accident or injuries were not your fault. Likewise, your attorney might argue that any property damage that occurred was not entirely your fault. This can help reduce the dollar amount of the fines or the number of other penalties that you face.

When arguing for a lighter sentence or less jail time, your attorney can also bring up your character. They may try to show that the DUI was a one-time mistake that you deeply regret and emphasize that it will never happen again. Your lawyer may bring up things like your family that depends on your paycheck to show why you would be better served by options like community service instead of jail time.

If you or a loved one has been charged with a DUI, the law firm of Gregg Wisotsky is here to help. As a trusted Morristown criminal defense lawyer, we have plenty of experience helping people fight against these sorts of charges. To discuss your case and see if we can help, call 973-898-0161 or fill out our contact form.

The Legality of Insider Trading

by Leave a Comment

How to Differentiate Legal and Illegal Insider Trading

Insider trading is considered to be illegal in the majority of situations and can carry many potential criminal and civil penalties. In 2007, more than $13 billion worth of insider trades occurred every month. In the event that you’ve been charged with a crime related to insider trading, it’s imperative that you understand how legal insider trading differs from illegal trading.

What Constitutes Insider Trading?

There is no exact legal definition of what insider trading is. However, it mainly refers to actions that involve buying or selling some kind of security while possessing information about the security that isn’t public. If it’s believed that the information you have about a security was obtained from someone close to you and was a breach of your fiduciary duty or otherwise a breach of trust, you could be charged with illegal insider trading. Even though it’s technically possible for insider trading to be legal, years of court rulings indicate that fiduciary duty was breached in almost all cases.

Let’s say that you’ve invested a large sum of money into a pharmaceutical company. If you receive nonpublic information that the company is about to receive negative publicity as a result of a poorly managed drug trial or a bad report about medicinal side effects, it would be illegal for you to use this information to get rid of all of your stock before the information is made public. If you do, you would likely be charged with insider trading.

While insider trading cases are typically straightforward, there are situations where the legality of the case is difficult to determine. In the event that you’ve recently been charged with insider trading, it’s important that you seek help from a Morristown criminal defense lawyer like ours. We can assist you in determining what your best defense is and what kinds of penalties you should expect.

When Insider Trading Is Legal

While acts of illegal insider trading are far more common than acts of legal insider trading, it’s possible for this type of trading to occur legally. Whenever employees, shareholders, or directors buy or sell stock in their own companies, this would in most cases be considered to be legal insider trading. However, there are still guidelines that dictate when legal insider trading can occur. If you work as a corporate insider, you must report trades of your company’s securities directly to the SEC.

It’s common for traders and investors to use the information filed with the SEC to make purchasing and selling decisions with their stocks. These individuals believe that a corporate insider selling or buying stock means that they have inside information that has prompted this decision. All transactions from corporate insiders need to be filed through SEC forms 3-5.

The majority of financial quote sites provide users with information pertaining to corporate insider transactions, which are commonly displayed on insider trading pages. While this information can be helpful for investors who are attempting to guess the market, it doesn’t always pan out and can be very risky for anyone who attempts to make their buying or selling decisions based primarily on this info.

When Insider Trading Is Illegal

Even though certain insider trading transactions can be legal, most of them are considered illegal. An act of illegal insider trading occurs when someone gains nonpublic information pertaining to a security and chooses to act on this information by buying or selling a stock. Using this information to gain an unfair advantage on the market would be a breach of your fiduciary duty.

Keep in mind that the illegality of insider trading has become more defined by the courts and SEC over the past decade. Even if the “relationship of trust” between yourself and the person who provided you with the information is practically nonexistent, you could still be charged with illegal insider trading. Some of the acts that are commonly considered illegal insider trading include:

  • When a government employee learns of nonpublic information as a result of their role in the government
  • When family members, business associates, employees, or company directors trade securities after obtaining nonpublic information
  • When employees and corporate officers trade securities after they have learned of significant company developments
  • When brokerage, banking, and law firm employees obtain information from a client and use it to trade in its securities

If you gain a tip about a stock or other security that is based on nonpublic information, there’s a good chance that you would be charged with illegal insider trading. Because of how severe the SEC and U.S. courts treat illegal insider trading, it can come with heavy penalties, which could include prison time and heavy fines.

Penalties Associated With Illegal Insider Trading

The penalties associated with illegal insider trading can vary significantly and depend on the exact details of the case. If the SEC believes that you committed securities fraud, they could seek monetary damages from you via a civil lawsuit. While civil lawsuits can result significant financial penalties, these lawsuits are typically considered to be preferable to criminal charges. Along with the SEC filing a civil lawsuit, the U.S. Department of Justice can file criminal charges in regards to violations of securities laws.

While people who commit illegal insider trading can face civil liability or criminal prosecution, it’s common for both of these to occur at the same time. The extent of the penalties you face depends on the severity of the insider trading. For any individual who engages in securities fraud, the maximum jail time that could occur from this violation is around 20 years. Because this is a federal crime, the sentence would be carried out in a federal prison.

Fines are often allotted as well for illegal insider trading cases. The maximum fine for an individual is currently set at $5 million. With these penalties in mind, it’s important that you have an experienced attorney by your side if you want to reduce your charges or get rid of them entirely.

Seeking a Legal Defense From Our Morristown Criminal Defense Lawyer

Because of the severity of an illegal insider trading case, it is essential that you have knowledgeable legal representation by your side to help you craft the ideal defense for your case. There is a range of legal defenses commonly used for individuals and entities facing illegal insider trading charges. The main legal defense involves arguing that the trade was, in fact, an act of legal insider trading. This defense is even detailed under SEC Rule 10(b)5-1. If the defendant can prove that the nonpublic information didn’t factor into the investment decision that was made, it is possible that the act would be an example of legal insider trading.

Another common legal defense is to argue that the information was not material in nature or that it was already public. If the information wasn’t relevant enough to affect the purchase or sale of a security, it wouldn’t be illegal. The same is true if the material information was made public before the trade occurred. It is possible that the information was already disseminated in some manner before it was used by the defendant to buy or sell securities. It is common for this defense to be used when the information was public but not widely known. Our lawyers have handled many insider trading cases and can help you determine how your case should progress.

If you believe that you might be facing insider trading charges and would like to have thee legal assistance of a Morristown criminal defense lawyer, contact Gregg Wisotsky today at (973) 898-0161 to set up a meeting so that we can learn more about your situation and determine the best way to proceed.

Is Eyewitness Testimony Accurate?

by Leave a Comment

If you have been accused of committing a crime, you might believe that testimony from someone who was there at the time would be devastating to your defense. However, the good news is that eyewitness research has revealed that these first-hand accounts aren’t always as accurate as they appear to be in movies or on television crime dramas.

How Accurate Are Eyewitnesses?

At the most basic level, the testimony of an eyewitness could confirm a state or federal charge that a person is guilty of committing a crime. However, based on impression and interpretation alone, one person could believe they saw someone do something that they actually did not. If an eyewitness mistakenly identifies a person as a culprit, the defendant could be convicted and face serious penalties, including incarceration, for a crime that they did not commit.

Research shows that 75 percent of false convictions are caused by unreliable eyewitness testimonies. How can this be the case? Aren’t people sure of who they see, especially during an event as important as a serious crime? Should not they, in theory, be the perfect person to confirm the details of what transpired on that day?

However, human memory is far from being perfect. In fact, a memory changes every time a person recalls it. This is why certain details may change, and stories seem to differ from the same person when they tell them on different days. Human memories can also be largely influenced by outside events or input; if a person is told that something happened a specific way, they are more likely to revisit their own memory and alter certain details to match what they have been told.

What Factors Influence an Eye Witness?

Eyewitness psychology focuses on exploring the different factors that contribute to a person’s perception and memory of an event. One of the biggest influences on memory is a person’s emotional state. At the time of the commission of a crime, someone is likely to be taken off guard. If the situation is dangerous, they will have increased adrenaline and likely running off a fight-or-flight response. In that scenario, their mind is going to hone in on certain details that are most relevant to securing their immediate safety or protecting someone else. This means they will miss out on other key details, which may ultimately falsely incriminate someone later.

Stress, bias and influence from others also influence eyewitness accuracy. Stress is present both at the time of an event and after; as a person rethinks what happens, the details are likely to change depending on how they feel. If they were questioned by police or investigators, the approach to questioning could influence how they recall the event. Seeing a man in a red hoodie may have been unimportant at the time, but if an officer leads questioning to identify a specific type of person, then the man in the red hoodie suddenly becomes a threat in the witness’s mind.

Eyewitness Testimony in a New Jersey Criminal Court

The best thing you can do is work with a Morristown criminal defense lawyer to determine whether an eyewitness’s report could be used against you in a court of law. A lawyer who has experience with these types of matters can gather important details and present them as accurately as possible to the court.

The New Jersey Supreme Court regulates eyewitness identifications and enforces strict standards for court proceedings. Ensuring that evidence is accurate prevents false convictions and further unnecessary stress for you.

Build the Best Case With a Morristown Criminal Defense Lawyer

If you are facing misdemeanor or felony criminal charges that are based in whole or in part on the testimony of alleged eyewitnesses, contact the offices of Greg A. Witosky, Esq., so that we can begin working on your defense strategy as quickly as possible. We know how to help our clients gather the strongest evidence and challenge erroneous testimony to the judge and members of the jury.

The Basics of Bail Bonds

by Leave a Comment

The U.S. bail bonds services industry exceeds $2 billion in revenue annually and employs nearly 25,000 people. If you are arrested and need help posting bail, you may have to tap into these services. Find out how the bail bonds system works, its benefits, and its risks so you can make informed decisions if the time comes.

The Amount of Your Bail

Once law enforcement officers arrest you and book you into jail, the court sets your bail. This is a dollar amount that you must pay to be released pending your court hearing. The judge considers a number of factors in determining bail:

  • The severity of the criminal charges; bail for a felony is higher than for a misdemeanor.
  • The likelihood that you will continue to break the law if you are released from jail.
  • The risk that you will abscond if released before trial.

Above all, the judge must set your bail high enough so that it provides you with the incentive to appear at your court hearing. If you are facing serious criminal charges and have a history of arrests, you could be looking at a bail amount that exceeds your resources. When that happens, one alternative is to work with a bail bond company.

Working With a Bail Bondsperson


If you don’t have the cash available to post your bail, a New Jersey bail bond company may agree to act as a guarantor. It provides the court with a written promise to pay your bail in full should you fail to appear at scheduled hearings.

Typically, the bondsman requires 10% of your total bail upfront from you, a friend, or a family member. If you are facing federal charges, the company may take 15% instead. This is the price you pay for being released from custody, and it is non-refundable.

Also, you must provide collateral equal to the balance of your bail, such as your personal property. You will not have to sign over those assets to obtain a bail bond, but if you fail to appear for court and thus forfeit your bail, the bond company can take them as compensation for paying the court the balance that you owe.

For example, if the judge sets your bail at $10,000, your bail bond fee would be $1,000. You would need to have sufficient collateral for the remaining amount of $9,000. This could be your car, some real estate, or another asset of the same value. You will sign paperwork that acknowledges your non-refundable fee and your obligation to turn over your collateral if you do not show up for pre-trial court dates and your trial.

Your ability to get a bail bond is by no means a given. The bail bond business is high-risk, and companies strive to avoid losses. A few of the factors that may prevent you from bonding out of jail include:

  • A history of absconding
  • A criminal record
  • An inability to pay the bond or provide collateral
  • Having no permanent address
  • Having no ties to the community
  • The nature of the charges against you

What Happens Next?

After you have signed your paperwork and paid your fee, the bondsman will complete and present the necessary forms to get you released from jail. It is your responsibility to appear for court dates until your case reaches resolution. Your Morristown criminal defense lawyer will help you through the next steps of the legal process.

If you do not comply with the law and choose to skip bail instead, beware. Bail bond companies work hard to minimize their financial risk, and they work just as hard to collect on bad debts. If you break your bail contract, expect to be pursued for the balance of the bail, including forfeiture of your collateral.

Morristown Criminal Defense Lawyers Can Help

When you are facing criminal charges in New Jersey, get in touch with the Law Offices of Gregg A. Wisotsky. We have the legal knowledge and experience you need to navigate the court system and the bail bond process as well. Call us today at 973-898-0161 to get started.

The Decision to Accept a Plea Bargain

by Leave a Comment

It is estimated that approximately 95% of guilty pleas are the result of plea bargains as opposed to a verdict reached by a jury in a trial. In most cases, unless prohibited by New Jersey law, a plea agreement will be offered to the defendant. When criminal charges threaten to destroy the lives of the defendant and their loved ones, they might wonder if a plea bargain is worth accepting.

How the Courts Decide When to Offer a Plea Bargain

In many criminal cases, the prosecution has too much evidence against the defendant. There is little possibility that the case would be dismissed. If a guilty verdict is reached, the sentence could be significant prison time. It is situations such as these where a plea bargain should be considered a valid option. Your Morristown criminal defense lawyer can help you decide if a plea bargain is right for your case, but the ultimate decision is entirely yours to make.

When a plea bargain is offered, the prosecution is required to follow specific sentencing provisions set by the New Jersey Code of Criminal Justice. Any offers that the prosecution may extend to the defendant are based on the range of sentence possibilities for the criminal charges in question. Plea bargain offers usually align with the midpoint of the range of sentencing possibilities.

If a case qualifies for a plea agreement, the judge might advise both the prosecution and the defense to consider a plea deal. Even when recommended by the courts, the judge is not obligated to accept the proposed deal. If a deal is not accepted, the prosecution and the defense can continue to negotiate an alternative deal the court might be more willing to accept.

What Role the Judge Plays in a Plea Agreement

The judge will have the final word by having full discretion over whether to accept or reject the proposed plea deal. His honor will carefully weigh factors such as the severity of the crime, the character criminal record of the defendant, why the plea is being negotiated, and if the plea deal is in the best interest of both the victim and the general public.

A defendant cannot enter a plea until the judge accepts the arrangement. When presented with a plea deal, the judge has several options. These include:

  • Accepting the plea deal as presented
  • Rejecting the plea agreement and supplying reasoning behind the decision to reject it
  • Choosing to defer the decision until there is time to review the pre-sentencing report
  • Accepting the terms of the plea agreement but rejecting the terms of the sentencing
  • Recommending that the defendant pleads without a deal in place

If the judge recommends that the defendant pleads without any deal, it is usually an indication that the judge may be considering a lesser sentence than that being presented by the prosecution. Once the deal has been accepted, the defendant must immediately plead guilty to the charges as they appear in the deal.

Criteria for Plea Bargains

In addition to the sentencing provisions mentioned above, there are five criteria that must be met in order for a plea negotiation to be possible. Your Morristown criminal defense attorney can advise you as to whether you can expect an offer of a plea agreement. The five criteria are:

  1. The case must be prosecuted by either a municipal prosecutor, county prosecutor, or the attorney general of New Jersey.
  2. The defendant must have legal representation, or they must have waived their right to counsel.
  3. Before the plea can be made, the prosecutor must confirm that the defendant has been consulted about and agrees to such a plea.
  4. The matter being pled needs to be on record that it is within the municipal court jurisdiction and that it does not affect any other offenses faced at the county level without agreement from the prosecutor from the county.
  5. Any sentence recommended as a result of the plea agreement cannot be less than the mandatory requirements for that offense.

Types of Plea Bargains

It is important to remember that a plea bargain is an admission of the defendant’s guilt. When there are criminal charges, there are set sentencing guidelines that are applied. A plea agreement will set the punishment, potentially reduce or change the charges, or set other requirements for fulfilling the penalty requirements. There are three types of plea agreements:

  • When there are multiple charges, a plea agreement may be offered for the defendant to plead guilty to one charge in order to have the other charges dismissed.
  • The prosecution may offer sentencing minimums in exchange for a guilty plea.
  • The prosecution might offer charges that are reduced from the original charges in order to obtain a guilty plea from the defendant.

Plea agreements are actually quite common. Sometimes, there will be other conditions such as probation or an agreement to testify against someone else. Plea agreements are less expensive than a trial for both the prosecution and the defense.

Charges Where a Plea Bargain Should Be Considered

While there are many criminal charges that have a good chance at trial with the right Morristown criminal defense attorney, if a defendant faces charges where the prosecution has a good case against them, pleading down your charge is a good option. There are also some charges where the prosecution is prohibited from negotiating a plea. There might be a plea agreement that offers you other options as well. Charges where you should always consider a plea include:

  • Moving violations
  • Drug possession
  • Drug possession with intent to distribute
  • Crimes involving threats made to another person
  • Driving under the influence (DUI) or driving while intoxicated (DWI)
  • Assault and other violent crimes
  • Domestic violence
  • White collar crimes
  • Internet-related crimes
  • Juvenile charges
  • Theft

Plea agreements are most commonly offered to those who are first-time offenders. Defendants with a long history of criminal activity might not be given this option.

The Importance of Retaining a Morristown Criminal Defense Lawyer

If you are facing criminal charges, you should not go to court without understanding every aspect of the process you will be facing. You need to be aware of the mandatory sentencing requirements that would come with a guilty plea or verdict and if there is a possibility of a plea negotiation with the prosecution. You will need to be ready to prove your character, too. If you have a history of prior criminal activity, you need to know how your priors will affect your current case. If a plea deal is offered, your attorney can help with negotiations and know whether or not you should accept the offer. It is most helpful to have someone on your side who is familiar with the judges and prosecutors in the Morristown court system.

Criminal defense lawyer Gregg Wisotsky has been practicing in the Morristown area for more than 30 years. He can help you with every aspect of your criminal charges. Contact us today at 973-898-0161 if you are ready to discuss your situation.

Contact Us

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

  • Super Layer Image
  • Morris Image
Award 1
Award 2
avvobadge2
Award 3
Award 4
Award 5
The National Trial Lawyers

Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

© 2025 Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, Attorney at Law. All Rights Reserved.

Disclaimer|Site Map