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The New Jersey expungment process

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How Criminal Records Expungement Works in New Jersey

Having a criminal record may make you ineligible to rent an apartment, own a gun, vote, volunteer, or engage in other activities. However, getting a charge expunged from your record may make it harder for anyone to learn about any charges that you have faced in the past. In New Jersey, it may be possible to expunge a variety of felony and misdemeanor offenses.

Petitioning for Expungement

In most cases, you’ll need to petition the court in the jurisdiction where you were convicted to ask to have eligible offenses expunged. If you were charged or convicted of a drug crime, you’ll need to petition the drug court that handled your case. Depending on when your crimes occurred, it may be possible to start the process prior to graduating from drug court.

The courts may make an exception for those who are eligible to have their cases handled under New Jersey’s Clean Slate expungement rules. If you qualify, your record will be expunged 10 years after you have completed your sentence, which may include fines or other costs. Your Morristown criminal defense lawyer may be able to provide more information as to whether you qualify under the Clean Slate program. An attorney may also help with the process of sealing records that may be eligible to be expunged in less than 10 years.

There Are Limits to What Can Be Expunged

Typically, you can have one indictable offense removed from your record five years after you have complied with all the terms of your sentence. An indictable offense is equivalent to a felony in other states. You may also have up to five disorderly persons offenses expunged five years after you have completed your sentences for those. If you are cited for an infraction, you can have it expunged after two years, and there is no limit to the number of infractions that can be expunged.

As a general rule, sexual offenses involving children cannot be expunged. These offenses may include engaging in sexual activity with a minor or possessing any type of child pornography. You may also be charged or convicted of a crime simply by viewing objectionable materials featuring a minor, and it’s unlikely that a charge or conviction for this could be expunged.

Many traffic offenses including driving while under the influence of drugs or alcohol are not eligible to be expunged. Arson, treason, and perjury are other examples of significant crimes that cannot be expunged in most circumstances.

Your Record Doesn’t Disappear, However

While records are generally hidden from public view after they are expunged, they do not go away completely. This means that law enforcement agencies, licensing boards, and other agencies may find out that your record has been expunged or may learn details about a prior case. It’s worth noting that you aren’t legally required in most cases to disclose the presence of a prior charge or conviction that has been expunged. Furthermore, employers may be limited in what they can do with any information that they find in a background check if you have had previous charges or convictions expunged.

Juvenile Crimes May Be Expunged

If you committed offenses as a juvenile, it may be possible to have them expunged three years after you have finished your sentence. Furthermore, you must prove that you haven’t been charged with a crime as an adult, have no charges pending, and have not had offenses committed as an adult expunged. You will need to attend a hearing and notify law enforcement of an expungement if one is granted.

If you are in need of a Morristown criminal defense lawyer to handle this type of a matter, don’t hesitate to contact Gregg Wisotsky today. You can do so by calling 973-898-0161 or by sending a message through our website.

Bail Reform Is a Success Story the World Needs to Hear

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The Importance of Sharing Bail Reform Success Stories

In 2019, laws were passed in New Jersey and New York that prohibited any judge from setting bail for several types of low-level crimes. There are 14 states in total and even more local jurisdictions that now have guidelines in place, implemented with the intent of reducing the use of cash bail.

The number of people whose lives have been positively impacted by bail reform is in the tens of thousands in New York and New Jersey alone. These are two prime examples of states where new measures have changed the game for reforming bail policies.

It’s crucial that these stories of bail reform success are told – and they are out there. Numerous individuals have been personally impacted by bail reform for the better, and this is their story to tell.

But far fewer have a platform with which to deliver their message. And besides this major obstacle of finding ways to get the message out there, there’s also the issue of people not necessarily wanting to speak up publicly at all. Yet, finding those who are able and willing to give real-world examples of positive bail reform impacts is crucial to help keep this momentum going.

From individual anecdotes that include personal details and relatable experiences all the way up to the statistics that show the big picture with hard facts, analysts and activists alike say that the dissemination of this story is an invaluable part of keeping this reform moving. It’s a narrative that can demonstrate to people how much this reform has done and the impact on real people’s lives, showing how far we’ve come and how much work there is left to do.

The Facts Are Clear

It’s true that the data surrounding this wave of reform doesn’t form perfectly consistent patterns all of the time. Still, the findings from various studies generally show that most incarcerated people aren’t getting arrested again in the states and jurisdictions implementing these new policies. Data also suggests that these stories are a genuine help and make a real difference in people’s lives, underlining the importance of spreading the word and sharing these experiences.

It’s much more common for these individuals to live out normal lives within the boundaries of the law and show up to all of their court dates. This has led many to believe that something is clearly going right with these new policies, and it’s something the world needs to hear. These proponents are adamant that bail reform is a story that the country should heed and something other states can model their own policies on moving forward.

Success Is Harder to Sell

The sad truth is that the public is more interested in when things go wrong. Success stories are much harder to sell from a media standpoint. Anyone working for a news outlet could tell you that.

This “marketability” component of bail reform news is compounded with another issue that has been more of an obstacle in telling this story than one might imagine: It’s hard to find people willing to come forward and share their stories with the world.

It’s Not an Easy Story to Tell

It takes great courage to make yourself that vulnerable, even though things did work out for you in the end. Unfortunately, there’s no shortage of those who will stigmatize these individuals. This means putting yourself in the public sphere always comes with some level of risk and some degree of backlash nowadays, no matter what your position or circumstances may be.

In some instances, their case is still ongoing and they’re afraid of compromising the ruling. Or if a Morristown criminal defense lawyer helped get their case dismissed promptly enough, the arrest may have gone unnoticed and would have otherwise been swept under the rug. To these individuals, speaking out about bail reform might seem like a surefire way of dragging their own name through the mud. Others aren’t even aware that anything remarkable occurred and didn’t realize they were benefiting from bail reform at all.

In order for this bail reform trend to resonate with people and be fueled by the public’s interest, some humanity must be injected into the raw information. It’s essential for more groups to find new ways to promote the confluence of statistics and personal relatability to further bolster bail reform.

If you are facing criminal charges, call Gregg Wisotsky at 973-898-0161 for a consultation with a Morristown criminal defense lawyer with over 28 years of experience. Gregg serves Morris County and other parts of New Jersey.

Pediatric Neurosurgeon Says Shaken Baby Syndrome Is Junk Science

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Judge Claims Shaken Baby Syndrome Is Junk Science

An estimated 1,000 to 3,000 babies die each year from abusive head trauma, which is also referred to as shaken baby syndrome. This type of head trauma causes a serious brain injury that may result in lifelong disabilities or death. When a parent or caregiver faces charges of causing this type of injury to a child, it’s important to work with a Morristown criminal defense lawyer who can present sound scientific evidence and expert testimony to the judge and jury.

What Is Shaken Baby Syndrome?

Pediatricians and the medical community define shaken baby syndrome, or abusive head trauma, as violent shaking that causes an irreversible brain injury to a baby. It may be mild, which causes minor symptoms like crying or fussing, or it may be so severe that it causes the death of the baby. The shaking causes the brain to violently impact the skull, which causes the death of brain cells, swelling, and bleeding. The force of the shaking may also damage the baby’s spinal cord.

How Does Shaken Baby Syndrome Occur

Doctors and child abuse investigators believe that shaken baby syndrome happens when a caregiver or parent is frustrated by the baby. Perhaps the baby won’t stop crying, or maybe the baby won’t eat, vomits, or won’t sleep. In most cases, a buildup of frustration causes the caregiver to lose control and shake the baby so hard that they don’t realize they’re causing harm. Medical experts argue that it only takes a few seconds of violent shaking to cause permanent brain damage or death in an infant.

Legal Dispute of Shaken Baby Syndrome as a Real Condition

In 2017, a New Jersey father was charged with the crimes of aggravated assault and endangering the life of a child. The 11-month-old baby boy was born prematurely and had neurological problems. An indictment against the father claimed that he caused permanent brain damage to his child. The judge in the case argued that the 1971 establishment of abusive head trauma as a medical diagnosis was founded on junk science. The judge disallowed expert testimony related to abusive head trauma.

Shaken Baby Syndrome Is an Assumption, Not a Diagnosis

According to the judge and the pediatric neurosurgeon who came up with the term “shaken baby syndrome,” the condition is an assumption rather than a diagnosis. The syndrome requires that three symptoms be present. Those symptoms include neurological impairment and bleeding in the eyes and brain. The symptoms do not have to occur simultaneously in order for a baby to receive that diagnosis. There is no scientific consensus that shaken baby syndrome is a legitimate diagnosis because each of those symptoms can be caused by many other injuries and conditions.

Prosecution of Shaken Baby Syndrome

Health care providers are required by law to report cases of suspected child abuse to law enforcement. Law enforcement takes these crimes seriously. Investigators may look for a pattern of injuries and may interview other members of the household. They may also arrest the caregiver and keep them behind bars until an indictment is returned.

Exoneration of Convicted Caregivers

Since 1989, at least 26 caregivers found guilty of aggravated assault or other crimes related to shaken baby syndrome have been exonerated. Some of those caregivers served more than a decade behind bars. The conviction, even if overturned, follows the caregiver for the rest of their life. Even being charged with aggravated assault or causing great bodily harm to a child may cause a caregiver or parent to lose their job, lose custody of other children, experience the loss of their marriage, and develop severe anxiety or depression.

If you’re facing criminal charges pertaining to this type of an issue, protect your rights by scheduling a consultation with a Morristown criminal defense lawyer. To make an appointment with the Law Office of Gregg Wisotsky, fill out our online contact form, or call (973) 878-0161 Monday through Friday or (908) 229-9714 on weekends and after hours.

SCOTUS Ruling Cracks Down on Excessive Sentences

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SCOTUS Makes a Decision to Help Lighten Crack Cocaine Sentencing

Criminal offenses that involved crack cocaine have long been subject to stigmatization. This came with real consequences for defendants, who were often dealt sentences that were vastly disproportionate to offenses related to powder cocaine. Now that the Supreme Court has made a decision that opens up a new route to leveling the playing field, there’s fresh hope for victims of the harsh sentencing practices that countless defendants in crack offense cases have endured.

There’s a misconceived notion that cocaine’s addictive quality is amplified when it’s in the form of crack. This has been one of the major drivers of the dramatic inconsistency in sentencing between powder and crack cocaine offenses.

Another false pretense is that crack users are more likely to use violence, but there are no facts to back up these claims. Although crack and powder are in two distinct forms, it’s still the same drug being used. This means it comes with the same effects and the same types of users.

Because of the stigmas around users of crack cocaine, the result was more people being incarcerated – and for longer terms. After a recent Supreme Court decision, there is a new pathway to end that trend and pursue fairer sentencing practices.

Broadening the Scope of Consideration

The ruling that was issued in June 2022 changed the game for criminal offenses related to crack cocaine. As a result of this SCOTUS decision, a key limitation formerly placed on judges has been removed.

Before this ruling, a judge was only allowed to consider the circumstances as they relate to the offense itself. This meant they could only examine the time and place of the incident and not give consideration to any external factors. The Supreme Court held that it is the duty of judges to think about how the laws may have fluctuated in the intervening time period since the individual was sentenced.

The Case

Carlos Concepcion had served around two years of his prison sentence which was set to last a total of 19 years. His crime was the possession of more than 5 grams of crack cocaine with the intent to distribute the drug.

Under a statute called the First Step Act, there was a high likelihood of Concepcion having a reduced sentence. But it was the opinion of the government that he should be seen as a career offender by the court because of previous convictions he had in state court. His appeal to the Supreme Court led to a reversal of the First Circuit’s affirmation of Concepcion’s sentencing.

People Change – And Laws Do Too

One of the main ideas behind the decision is the idea that laws are not static, and people aren’t either. Laws are no more set in stone than people are, and this ruling reflects the belief that the criminal legal system should reflect this change over time. Proponents of this ruling posit that people are capable of change and laws are constantly in flux, so a judge’s purview ought to consider the full scope of the situation.

In her argument for the majority, Justice Sonia Sotomayor discussed the precedent of federal courts carefully scrutinizing all information during an initial hearing. This is a responsibility that should also carry forward into any proceedings that might affect the initial sentencing.

This concept of keeping these updates to a person’s situation in mind is by no means unique to the First Step Act. It’s highly common for a federal court to look at signs of improvement through rehabilitation or other means and take that as an indicator that the offender has earned a shorter sentence – or vice versa if the person has been exhibiting violence and breaking the rules while in prison.

One Step at a Time

Four years prior to this groundbreaking ruling, Congress passed the First Step Act of 2018 to correct the vast disparity in crack cocaine sentencing. The intention behind this move was to retroactively correct the damage done by the disproportionately long sentences given to crack offenders.

The First Step Act has led to numerous cases. It was also utilized as a way of allowing Congress to apply the Fair Sentencing Act to previous rulings through retroactive force. This statute reduced the minimum penalties for a number of crack-related federal crimes.

Judging the Whole Person

This deeper examination of the changing laws only covers part of what this decision entails. In addition, judges are now also expected to consider the steps that a defendant has taken to seek rehabilitation, giving them an opportunity to make a case for themselves to prove in court that they genuinely have reformed.

With the broader lens through which judges are now examining these cases, new details may be brought into consideration. This has the potential to provide defendants and a Morristown criminal defense lawyer with the opportunity they need to present their case in a new light. Still, this Supreme Court decision doesn’t give every crack offender an automatic guarantee that their sentence will be reduced – but it may be a new cause for hope.

A Split Decision

The June 2022 SCOTUS decision was a 5-4 ruling. On the opposing end of this decision were:

  • Chief Justice John Roberts
  • Justice Brett Kavanaugh
  • Justice Samuel Alito
  • Justice Amy Coney Barrett

These Supreme Court Justices all believe that the outcome was an anomaly, with Barrett even referring to it as a “haphazard windfall” for any crack offender who received their sentence prior to August 3, 2010. Their concern is of criminal offenders being let off the hook at random with unfairly lightened sentences and a clear methodology.

Among the arguments made by these dissenting justices is that it goes against the spirit of what Congress truly enacted the First Step Act for. Kavanaugh contended in a written statement that the First Step Act was meant to target the sentencing range for crack cocaine cases rather than what he sees as disorganized sentencing among the lower courts.

Changing the Ratio for Fairer Sentences

With the 100-to-1 rule, an offender has to be caught with 100 times the quantity of cocaine in powder form to prompt a crack-level minimum prison sentence. This was in response to the Nixon administration’s domestic policy that was geared toward ostracizing Black communities as well as those in the hippie cultural movement.

The Fair Sentencing Act of 2010 brought the 100-to-1 ratio down to 18-to-1. This change also came with an increase in statutory fines and the elimination of a mandatory minimum sentence for simple possession of crack.

Who Uses the Most Crack Cocaine?

White people consume more cocaine, including both powder and crack. But it’s in cases involving Black people that the sentencing inequality is at its worst. Congress continues to deliberate over ways to further reduce the sentencing imbalances that still exist and pose serious issues in countless communities.

For a Morristown criminal defense lawyer you can count on, call Gregg Wisotsky today at (973) 898-0161. Feel free to visit us at any of our new Jersey offices. You can also send us a message by filling out and submitting our contact form.

Reviewing the Elements of a Burglary Charge

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Understanding the Elements of Burglary

Burglary is usually defined as the unlawful entry into any structure with an intent to commit a crime. The structure doesn’t have to be a home or business, and the crime intended doesn’t have to involve stealing. Physically breaking into the structure is also not required; simply trespassing through an open entrance can constitute burglary charges. In contrast to robbery, which involves forcefully taking another’s property, burglary often occurs when the victim is away from the structure.

Understanding More About Burglary

Entering a private structure with the intent to steal but leaving empty-handed because there was nothing inside qualifies as burglary. The crime of burglary was originally developed under common law centuries ago, and states have incorporated it into penal codes with some modifications. While common law defined burglary as occurring at the dwelling of another at night, states today have broadened the definition to include businesses and illegal entries during daytime hours as well.

Laws against burglary were originally developed to prevent violence and people’s homes–not target theft. There are other laws designed to criminalize taking another’s property, but burglary is designed to protect the sanctity of the dwelling, a structure where people frequent, and shield residents from potentially violent encounters with intruders.

The Elements of Burglary

States generally use the same definition to identify burglary. All of the elements must be present to convict someone of burglary charges. The elements of burglary include an unauthorized entry, involving a building or occupied structure, with the intent to commit a crime.

Unlawful Entry

The first element of a burglary charge is an unlawful entry. The process of breaking into the structure may be actual or constructive. An actual break-in involves applying physical force to gain entry however slight the force may be. This may involve picking a lock, kicking in a door, or pushing open a door that is already slightly ajar. A constructive break-in involves using means other than physical force to gain unlawful entry, like fraud or blackmail.

To qualify as burglary, the entry must occur without the consent of the person occupying the structure. However a break-in occurs, and the perpetrator must gain entry into the structure to satisfy this element of burglary. The perpetrator does not have to walk inside the building to commit a burglary; minimum entry is sufficient. Simply sticking a hand through an open window may be enough to fulfill this element.

Structure or Dwelling

Originally, burglary statutes under common law were designed to protect people from anyone intruding into their homes. Under states’ modern definitions, someone can be convicted of breaking into almost any type of structure as long as certain conditions are met. Typically, the structure must be capable of sheltering people, animals, or property. Fenced-off areas outside may not apply. In addition, the entry must occur while the structure is closed to the public.

Criminal Intent

The perpetrator must’ve had the mental intent to commit a crime after breaking in. Theft is common, but other crimes can constitute burglary charges. The crime must occur separately in addition to the break-in. If the intent is premeditated before the unlawful entry, some states may levy first-degree burglary charges. If the criminal intent was formed after the entry, perpetrators may only face second-degree burglary charges.

Burglary Laws in New Jersey

The general form of burglary is a third-degree felony offense in New Jersey. Third-degree burglary charges in New Jersey are punishable by five to 10 in prison and up to $150,000 in fines. For defendants in northern New Jersey, finding a Morristown criminal defense lawyer may help with reducing burglary charges or negotiating a more favorable plea agreement.

Legal Assistance for Burglary Charges

If you are in need legal assistance to fight burglary or forced entry charges, contact Morristown criminal defense lawyer Gregg Wisotsky by phone at (973) 898-0161 to set up an appointment at our New Jersey office. You can also fill out and submit the form that is found on our website.

Benefits of Diversion Programs for New Jersey Communities

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How Diversion Programs Can Benefit New Jersey Communities

Criminal behavior has many underlying factors, including adverse childhood experiences, poverty, poor educational attainment, mental health challenges, and substance abuse. Unfortunately, the criminal justice system frequently fails to take these factors into account by sentencing offenders with lengthy prison terms that ultimately do nothing to solve the underlying problem. One type of solution that’s gaining traction is diversion programs, which seek to address the underlying causes of criminal behavior to break the cycle of recidivism by providing participants with the resources they need to make positive changes in their lives.

Reduced Recidivism Rates

One of the most important benefits of diversion programs is that they can help reduce recidivism rates. Diversion programs offer first-time and non-violent offenders the opportunity to avoid incarceration and engage in constructive activities tailored to their unique needs instead.

For example, diversion programs often provide offenders with the opportunity to receive treatment and counseling for underlying issues, such as substance abuse or mental health disorders. By providing participants with the guidance and support they need to lead productive, law-abiding lives, these alternative sentencing options can help participants stay on the right path.

Decades of rising prison populations have made it abundantly clear that incarceration does not prevent an offender from re-offending in the future. In fact, each additional year of incarceration following a felony offense results in a 4% to 7% greater likelihood of an offender returning to the criminal justice system after the end of their sentence.

Studies have shown that diversion programs can be highly effective in reducing these recidivism rates. A 2018 study conducted in Harris County, Texas found that participants in diversion programs are 48% less likely to face a future conviction in the 10 years following their participation than those who go through the traditional criminal justice system.

Another study found that on a nationwide level, diversion programs for young offenders are 10% more effective in reducing the likelihood of a young person re-offending. To illustrate the widespread impact of this, one study found that youth undergoing traditional prosecution face more than twice the likelihood of being rearrested than those who participate in diversion programs.

Better Employment Outcomes

In addition to reducing recidivism rates, diversion programs can also lead to improved employment outcomes for participants.

Incarceration can impact a person’s job prospects in a number of ways. The time spent behind bars naturally results in a loss of work experience, which can be difficult to make up for after release. Employers are reluctant to hire individuals with criminal records, regardless of their qualifications or the nature of their crimes.

Diversion programs can help people overcome these obstacles by providing vital resources. A key component of many of these programs is job training and placement assistance, which can help participants find steady, gainful employment following their participation. And because diversion programs help offenders avoid the career-killing impacts of incarceration, these resources can go even further in helping participants find and keep a job.

The above-mentioned Harris County study found that offenders who participated in diversion programs had improvements in employment outcomes by 53% in the 10 years following their participation. In stark contrast to this is a study showing that each additional year of incarceration reduces an offender’s odds of employment by 3.6%.

These improved employment outcomes not only benefit participants but also the community as a whole. With more community members engaging in the local economy, local businesses can thrive and tax revenue can increase. And when parents with criminal histories are participating in the workforce and earning a stable income for their families, they are better able to break the cycle of poverty that frequently lies beneath the surface of many criminal behaviors. As a result, their children are more likely to follow in their footsteps, steer clear of crime, and participate as thriving members of society. These benefits only expand as generations go by, which can restore communities that have been dismantled by generational patterns of incarceration.

Relief of Pressure From the Court System

The American court system is tasked with dispensing justice in a fair and impartial manner. However, Morristown criminal defense lawyers know from experience that the system is often overwhelmed by the sheer volume of cases that come through its doors.

Diversion programs can help to take some of this pressure off of the already-overburdened court system. By diverting low-risk offenders away from the traditional criminal justice system and into these programs, there is more time and resources available to focus on those who pose a greater threat to public safety.

Not only does this help to ensure that the court system is able to function more efficiently, but it can also lead to improved safety outcomes for the community as a whole.

When judges and prosecutors can dedicate their time and energy to a smaller number of cases, they are able to make more sound decisions about who poses a threat to public safety and how best to protect the community. This reduces the likelihood of false convictions and improves the likelihood that the right to a fair trial is being upheld.

It also allows for greater transparency and accountability within the criminal justice system as there is more time to investigate cases thoroughly and ensure that all procedures are being followed correctly. This can instill greater confidence in the system among both defendants and victims, leading to a more just society for all.

Taxpayer Savings

Diversion programs can also lead to substantial taxpayer savings, and this doesn’t just include the cost of incarceration. For every dollar invested in a diversion program for young offenders, there is also a return in social benefits, such as healthcare costs and victimization expenses.

Incarceration is an incredibly costly endeavor, with the average annual cost in the United States exceeding $30,000 per prisoner. In contrast, many diversion programs are highly cost-effective, with some programs costing as little as $500 per participant.

While there is an initial cost to set up and administer diversion programs, this is typically more than offset by the savings generated by avoiding costly trials and jail sentences. In addition, defendants who successfully complete diversion programs are less likely to re-offend, which further reduces the costs associated with crime. As a result, diversion programs are a win-win for taxpayers and defendants alike.

Diversion programs are a smart and sustainable investment in New Jersey’s public safety. As Morristown criminal defense lawyers, we have seen first-hand the positive impact that they can have on the lives of our clients and their families.

If you or a loved one has been charged with a crime, we can help you explore your options and determine if diversion is right for you. We are equipped to represent clients facing criminal charges throughout the state of New Jersey. Contact attorney Gregg Wisotsky at 973-898-0161 and begin taking your future back.

Do All Juveniles Go to Detention After Conviction of a Crime?

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When and Why Do Juveniles Get Sent to Adult Court?

In 1997, nearly 2.7 million youths were detained in a juvenile incarceration facility, and that number decreased by 74% by 2019. Reformations in state laws and work done by Morristown criminal defense lawyers have also decreased the number of juveniles sent to the adult court system. However, widespread juvenile detention and continued prosecution of minors in adult court continues to be an issue, and the experience could affect a child throughout the rest of their life.

When Do Juveniles Get Sent to an Adult Court?

Some state laws require that juveniles who commit certain crimes be prosecuted in the adult court system. In New Jersey, the court may send youths as young as 14 to adult court. If this happens, the juveniles are held in the same facilities as adult offenders, and they may face the same level of penalties as convicted adults. The prosecutor and judge are the ultimate decision makers in whether or not a particular juvenile will be required to appear in adult court.

What Types of Crimes Result in Juveniles Being Sent to Adult Court?

Judges and prosecuting attorneys have discretion to request a waiver for a juvenile to be sent to adult court. They may request this waiver for serious crimes, such as crimes involving weapons or the threat of violence. Sexual assault, drug offenses, robbery, and domestic violence are other examples of crimes that may result in a juvenile being prosecuted through the adult court system. If a juvenile is a repeat offender, this is another circumstance in which a waiver may be requested.

Reformations in the Juvenile Court System

In the 1980s and 1990s, courts and attorneys took a hardline stance on prosecuting juveniles in the adult court system. They may have wanted to set an example that no matter what the age, the seriousness of the crime should result in a serious penalty. However, advocates, child development and behavior specialists, and others realized that juveniles don’t have the same decision-making skills and maturity as adults. Mitigating circumstances, such as homelessness or absentee parents, also played a role in the changes in the juvenile court system.

Drop in Juvenile Prosecution in Adult Court

In 2010, about 10% of felony crimes committed by juveniles were sent to adult courts for prosecution. By 2019, this decreased to about 2%. In 2020, many courts shut down as a result of the COVID-19 pandemic. Incarceration facilities were a common source of large outbreaks, and the rate of juvenile prosecution in adult court dropped to 1%. Some analysts believe that this was a result of court shutdowns, while others suspect that the judges and attorneys wanted to provide some level of protection for youth who weren’t yet eligible for COVID-19 vaccination.

What Happens to Juveniles Who Commit Crimes?

When a judge or attorney doesn’t refer a juvenile to an adult court for criminal prosecution, they have other options. The juvenile court system is the most common way of processing juveniles who commit crimes. Attorneys or judges may also recommend other facilities or programs. For example, youth who are engaged in gang activity or other violent activities might be sent to a community program. Youth who commit drug offenses might be sent to a residential rehabilitation program for addiction.

Reasons to Keep Juveniles Out of Adult Court

Prosecution in adult court changes a juvenile’s life forever. They may be exposed to more violence, sexual assault, or criminal behaviors. A juvenile who spends time in a prison for adults may be more likely to reoffend and may also have a more difficult time gaining employment or turning their life around.

When your child is facing criminal charges, it’s important to consult with a Morristown criminal defense lawyer. To schedule a consultation at the Morristown, New Jersey law office of Gregg Wisotsky, call 973-898-0161 on weekdays or 908-229-9714 after hours and on weekends. You may also fill out our online contact form, and we will reach out to you to schedule a consultation.

How Effective Are Diversion Programs at Improving Public Safety?

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Diversion Programs Can Help to Lower Arrests and Police Encounters

Many experts – as well as the public at large – have hailed diversion programs as strategic, long-lasting, and highly effective means of bringing down crime and investing in the safety of the public. Community Assistance and Life Liaison in Florida was there to handle 4,300 calls that would have ended by bringing in the police had the workers in the program not been there to intervene.

What Is Diversion?

Diversion refers to strategies that are commonly called “exit ramps,” referring to the way that they give people a way out of the vicious cycles of police encounters, imprisonment, and prosecution. It’s a term that encompasses a wide variety of these exit ramps strategies, serving as a way of getting people out of the criminal legal system.

This is achieved through alternate intervention options that don’t necessitate arrests, prosecution, or incarceration. At the heart of these programs is the acknowledgment of the negative impacts that imprisonment and the criminal legal system have. They each have unique ways of damaging those who get caught up in them.

Those who staff these programs help to reframe the public’s perspective to see those who have been accused of committing a crime as real people dealing with everyday problems. They know that in many cases people who commit crimes don’t see any other way forward. These alternatives to jail time, prison sentences, and legal action are there to show everyone that there is always another option that doesn’t involve resorting to a life of crime.

Diversion programs provide a different way of dealing with these behaviors to bring down crime and create a safer public. But for diversion programs to work without involving a call to the police or a person being locked up in jail, they have to get to the bottom of what leads to criminal activities.

Learning What Causes Crime

Those who participate in diversion programs have the daunting challenge of getting to the root of the issues that leads to illegal activity. Studies show that the most common causes of criminalized behavior are:

  • Food insecurity
  • Housing insecurity
  • Lack of employment
  • Lack of resources for education
  • Mental health needs going unmet

Rather than leaving these vulnerable populations to live in precarious situations like food insecurity, which lends itself to criminal behavior, these programs are there to provide assistance to struggling families and individuals before it comes to that.

It is extremely discouraging when you are unable to work, especially for those who are motivated to find a legitimate profession but none seem to be available. For those who are living in communities that seem to be operating against them, it may seem like there are few options. With an effective diversion program, work programs help these struggling individuals get in touch with employment opportunities that work for the individual.

Falling into criminal activities has been shown to often be the result of a community that lacks educational resources. Diversion programs help by providing those resources in a way that is accessible and approachable to the most vulnerable populations, giving them the informational tools necessary to forge new paths in life.

Mental health is still often a subject that isn’t addressed as much as it should be, but these diversion programs take a particular focus on it. A good diversion program provides those who need mental health assistance with counselors and other mental health resources.

Getting the Community Involved

When more members of the community are involved in these projects, they tend to be more informed and in touch with the struggles that local populations are facing. Through diversion programs, people of all kinds have the opportunity to help by providing food and essential services to people in need as well as offering new suggestions as to how the programs can be run.

Diversion programs come in all shapes and sizes, and the best fit for a given community all depends on the population being targeted, who is eligible, and what is hoped to be accomplished through this program. The two main types are pre-arrest and pre-charge diversion programs. But no matter what method is used to get there, the end game is always a matter of keeping more people out of the criminal legal system.

Stopping the Police Encounter Before It Happens

Many diversion programs are focused on intervention prior to the police encounter. For most minor disturbances, it’s not necessary for law enforcement or a Morristown criminal defense lawyer to be involved in the first place. These types of programs are an attempt to nip the issue in the bud by providing alternatives to prevent police from becoming needlessly involved and potentially exacerbating the situation.

When the Police Aren’t the Best Option

There are some programs that take care of conflicts in communities through the help of civilian responders. The best use of a civilian responder is for dealing with conflicts that aren’t so serious that they require police intervention – and in which the police might not be the best at dealing with it anyway.

This includes problems like neighbors getting into an argument that begins to rise beyond the level of what’s publicly acceptable. Calling in the police might actually only make things worse. But when an average person can come in and talk to everybody like they are human beings, things have a greater potential to take on a more peaceable turn in the end.

When someone is experiencing a mental health crisis, it might be unclear to a police officer whether the individual is a threat. Someone who is more acquainted with these issues might be better suited to deal with them, being able to recognize when someone needs to be talked down rather than escalating their distress through shouted orders and threats with firearms.

Other times, a civilian responder is helping to resolve conflicts with those who are dealing with homelessness. Oftentimes, when approached by a regular civilian rather than a uniformed police officer, the exchange can take on a much less adversarial tone and be resolved more easily. The same is often the case with those who are using illegal substances.

Saving the Public Money

There are also indications that using a diversion program instead of prison terms could save the public billions of dollars. That’s what one study found, conducted by Temple University and RTI International.

Almost half of the people in state prison either abuse or are dependent on drugs. However, only a fraction of that population receives treatment for their drug use, which makes them much more likely to continue the illegal behavior after being released. This study posited that relocating people who abuse substances to treatment programs in a community setting rather than state prison would not only bring down crime but also lead to massive savings in the criminal justice system.

Contact Gregg A. Wisotsky today at 937-898-0161 for a Morristown criminal defense lawyer that you can trust. Find out what his robust experience level can do to protect you in court.

Bite Mark Analysis Lacks Scientific Validation but Holds Up in Court

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Bite Mark Evidence Is Unreliable but Legally Accepted

Bite mark analysis is a practice that has never received official scientific validation. One-quarter of the exonerations that have taken place from 1989 onward involved wrongful convictions that were made on the basis of deceptive forensic evidence that often turned out to be false – and bite marks are a prime example.

When Experts Can’t Agree

In a report published in 2009, the National Academy of Sciences went into detail about the issue of unreliability in numerous forensic techniques that are still commonly used in criminal cases. The organization found that the false results collected by these practices were significant, including bite mark evidence.

The most troubling moment came for the ABFO’s (American Board of Forensic Odontology) former president, Dr. Adam Freeman, along with Dr. Iain Pretty. These two were unsettled by the rise in false data collected from bite mark analysis, so they worked together in an attempt to prove the validity of their field.

But in the study they conducted, experts could rarely even agree on what was a bite mark and what wasn’t. These were dentists who were certified by the ABFO, and the experts were being asked the most basic questions and failing miserably at it.

It was enough to cause Dr. Freeman to decide to end his work in bite mark analysis. And he has been followed by other experts, leading an exodus from forensic dentistry, including his colleague Dr. Pretty as well as Dr. Cynthia Brzozowski and many more. These experts now find it to be an unreliable discipline that they can no longer carry out with good conscience.

According to the Innocence Project, there have been 26 cases of wrongful conviction that were attained through the use of bite mark evidence. This is almost certainly only the tip of the iceberg, though, since more evidence may still be called into question while other evidence has already been lost.

There are countless cases of experts putting too much weight into bite mark analysis, even when it contradicts other evidence in the case. One that Morristown criminal defense lawyers often see involves using overly definitive language to describe the alleged actions of the perpetrator.

What’s Wrong With Bite Marks?

The arrangement of teeth in a person’s mouth is called human detention. This isn’t necessarily like a fingerprint in that it’s different for every person. A person’s bite has not been scientifically proven to be unique.

But there is a bigger problem when identifying criminals from bite marks found on a body: the medium in which the impression is being made. Human skin usually does a poor job of leaving a lasting, accurate representation of a person’s bite. Even if the same individual left bite marks on two different victims, it may be hard to identify commonalities between the impressions made.

When a bite mark is found on a body, the skin isn’t actually indented. Forensic scientists examine the bruises that remain from where the bite occurred. A bruise is a diffuse area of blood beneath the skin, and this doesn’t necessarily give an exact approximation of the oral detention of the biter. And people bruise differently, some more easily than others.

Adding another factor of unreliability, each person’s skin has a different level of elasticity that depends on a variety of factors like the individual’s body mass index, age, and diet. And depending on how a person was moving at the time, the amount of tension in the skin may be called into question and create another variable affecting the way an individual’s bite marks may appear in forensic analysis.

Why Is Evidence From Bite Mark Analysis Still Admissible in Court?

This comes down to the pace at which laws can be changed versus scientific discovery, which operates on its own schedule. Because court decisions heavily rely on precedent, looking back on the past decisions in other courts, laws cannot be changed very quickly. This is intended as a way to protect the public from sudden and drastic law rewriting based on current political trends. But a new discovery can change the way we look at a type of forensic evidence in an instant, which creates a disconnect between the laws in place and the scientific consensus.

Call Gregg Wisotsky, Esq. today at 973-898-0161. He’s a Morristown criminal defense lawyer who has been a trial lawyer for decades, and he may be able to offer new insight into your New Jersey case.

What You Need to Know About Miranda Rights

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Miranda Rights: What Are They and How Do They Work?

Since 1966, Miranda rights have been one of the most essential parts of a police arrest. These rights help you decide how you want to respond to a police interrogation. Understanding how a Miranda warning works can help you make smart decisions in the unfortunate event of your arrest.

What Are Miranda Rights?

Miranda rights are a common police practice that gets its name from the Supreme Court case Miranda v. Arizona. This case involved a man who voluntarily confessed to a crime yet later wanted to recant his confession after learning about his Fifth Amendment right to remain silent. The Supreme Court ruled that anyone in police custody has to be made aware of their Fifth Amendment rights prior to police interrogation.

To ensure that these rights are met, police now are supposed to give any arrested person a Miranda warning. This is an official statement that lists all your rights while in police custody. The exact statement can vary a little depending on which state you are in. Different regions have slightly different lists of rights that people have to learn about. The basic Miranda warning informs you that:

  • You have the right to remain silent and refuse to respond to questions
  • Anything you say, whether in response to a question or not, can be used against you in a court of law
  • You have the right to talk to a lawyer before any discussion with the police
  • You can choose to have your attorney present during questioning
  • If you can’t afford a lawyer, the government is required to appoint one for you before any questioning if you would like a lawyer
  • If you choose to talk without consulting a lawyer, you have the right to stop talking and request an attorney at any point during your interrogation

Do You Have to Acknowledge a Miranda Warning?

A Miranda warning is not valid simply because the officer states a list of rights somewhere within your vicinity. It only goes into effect once you acknowledge that you heard and understood the warning. This is why many states will require officers to ask, “do you understand these rights?” after providing the basic Miranda warning.

Keep in mind that it is possible to acknowledge a Miranda warning without saying “yes” to the officer’s question. The Supreme Court has ruled that suspects who purposefully refuse to sign something acknowledging their Miranda rights are still recognizing that they received the warning and are voluntarily waiving their rights. The only way to avoid acknowledging a Miranda warning is to either not respond or say you do not understand.

When Do Miranda Rights Apply?

Miranda rights might sound fairly broad, but they are only relevant in a few specific situations. A Miranda warning is required if you are in police custody and under interrogation. Any remarks you make outside of those situations do not require one.

Typically, a Miranda warning is administered at an arrest. Officers are only required to give a warning when they are restricting your freedom. This means that an officer doesn’t have to give you a Miranda warning before walking up to you on the street and asking you a question. A Miranda warning is also only required for the police interrogation itself. You are still required to answer basic questions about your identity when you are booked, but you are not required to answer questions related to the crime in any way.

Keep in mind that a Miranda warning can be invalidated if a police officer uses intimidation in their interrogation. Even if you acknowledged your rights and chose to talk to the police, things you say might be thrown out of court if the officer used intimidation to obtain them. In addition to physical violence, intimidation can include things like denying a suspect sleep, food, or medical care. It can also include threatening violence or using psychological tactics like putting someone under a bright light for hours.

What Happens If the Officer Doesn’t Provide Your Miranda Warning?

Why are Miranda warnings so important? Your Morristown criminal defense lawyer will talk to you about them because they affect the evidence the police collect. A Miranda warning is meant to inform a suspect of their rights and give them the option of talking to a criminal defense attorney or remaining silent while the police ask about their potential involvement in a crime.

Any information you give after the police failed to provide a Miranda warning at the appropriate time may be invalid. Though the police will have a record of it, they cannot present this record in court. The prosecutor cannot bring it up, and the jury is not allowed to know about the evidence while making their decision. This rule applies to things that you say. So if you admit to the crime without knowing your Miranda rights, your confession would be thrown out. Furthermore, if you admitted something potentially incriminating, like hating a person who was murdered, the prosecutors at your criminal trial could not bring up what you said in court.

However, a lack of a Miranda warning will not invalidate tangible evidence the police acquire due to their illegal questioning. For example, if you told the police you had an illegally purchased gun under your bed, they would be able to go get this gun and then use the gun as evidence even though the prosecutors could not mention that you were the one who told them about the gun. Likewise, the prosecution could still call witnesses against you if they learned about the existence of the witness during an illegal interrogation.

How to Use Miranda Rights to Protect Yourself?

If you are arrested, it is a good idea to take the advice of a Miranda warning and remain silent until your lawyer arrives. Utilizing your rights can help you avoid accidentally incriminating yourself. It is impossible to know what angle the police are taking until they charge you, so even if you do not think you are a suspect, talking to the police may be unwise. Taking the time to talk to a Morristown criminal defense lawyer before discussing anything with the police can help you avoid saying things that incriminate you in a crime.

Even if you did not choose to remain silent until speaking with an attorney, Miranda rights can still be helpful. In some cases where you weren’t told about your rights, your lawyer may be able to invalidate any incriminating confession you made. Keep in mind that Miranda rights are not a “get out of jail free” card, though. The police can still use the evidence they obtained due to their illegal questioning. This is why it is so important to remain silent and avoid talking to the police whether or not they read you your rights.

If you would like to learn more about how Miranda warnings work, the law firm of Gregg Wisotsky is here to help. Our team focuses on providing criminal defense to people in Morristown and surrounding areas. In addition to helping you understand the charges against you, we can work with you to build an effective defense strategy. Call 973-898-0161 or fill out our contact form to schedule a consultation.

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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.

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