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Understanding the Legal Definition of Mail Fraud

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Everything You Need to Know About Mail Fraud

Mail fraud is one of the most common types of federal criminal charges. Interested in learning about what mail fraud is and how much jail time you could get? Keep reading to find out.

What Is Mail Fraud?

Mail fraud is simply any fraudulent scheme that involves the mail. However, the exact definition of this crime is a little complex. First of all, it is important to understand what qualifies as fraud. Fraud occurs whenever a person purposefully misrepresents essential facts for the purpose of gaining material property from somewhat else.

There are all sorts of ways that fraud can transition into mail fraud. A crime becomes mail fraud when the United States Postal Service, FedEx, UPS, or any other carrier are unwittingly involved in the fraud. The definition of mail fraud includes sending materials through the mail, receiving materials through the mail, or encouraging others to send or receive materials through the mail.

Examples of Mail Fraud

There are many different fraudulent schemes that use the mail. To better understand the definition of mail fraud, it can be helpful to look at a few examples of common types of mail fraud.

  • Mailing a person fake credit card applications and then using the information they supply to steal their identity.
  • Sending letters asking people to give you money as part of a Ponzi scheme or other fraudulent investment scene.
  • Promising to ship someone a product, accepting their money, and then shipping an inferior product instead.
  • Shipping flyers to promote an event for a fake charity and then using the event to steal money from unsuspecting donors.
  • Getting an associate to ship you counterfeit documents that you then use in a fraudulent scheme.

Mail Fraud vs. Regular Fraud

Compared to regular fraud, mail fraud charges can be a bit more severe. The issue is that mail fraud counts as a federal crime because it typically involves multiple states or a department of the federal government. When a crime becomes a federal crime, you could face far more severe consequences. The crime will also be tried in federal court, and you risk ending up in federal prison.

If you are convicted of mail fraud, you can face up to 20 years in prison and up to $250,000 in fines. Furthermore, you will have to forfeit any assets you gained through the crime and make financial restitution to the victims. These consequences are significantly worse than the $15,000 fine and the five years in prison you would face if charged with regular fraud.

Defending Yourself Against Mail Fraud Charges

Most defenses to these charges rely on showing that your activities didn’t actually meet the definition of mail fraud. To convict you of mail fraud, the prosecution has to be able to show that mail was somehow involved in your scheme. If your Morristown criminal defense lawyer can at least show that you were not using the mail for your scheme, you might be able to get your charges downgraded to regular fraud.

Another option is showing that you were not actually intending to commit fraud. You could claim that you actually believed the false facts you stated were true, or you could show that any false claims you made had nothing to do with the money a person sent you. In addition to these sorts of defenses, you may have other options like claiming someone else was responsible for the fraud or saying there isn’t enough evidence linking you to the fraud.

If you’re looking for a New Jersey mail fraud lawyer, the law office of Gregg Wisotsky is here to help. As a leading Morristown criminal defense lawyer, we have plenty of experience handling these sorts of criminal cases. Our team can assist you with navigating the criminal justice system and preparing an effective defense. Call 973-898-0161 or fill out our contact form to learn more about our services.

Is It Possible for Your Health Issues to Affect Breathalyzer Results?

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These Medical Conditions Can Impact Your Breath Test

Did you know that only about 50% of DUI cases result in a guilty verdict? Breathalyzers aren’t always foolproof evidence, so it can be tricky for the prosecution to prove a person was under the influence. If you have one of these health conditions, it can result in an inaccurate breathalyzer reading.

Asthma

This breathing disorder affects breathalyzers in multiple ways. One of the most common issues is that it makes it hard to breathe fully into the breathalyzer, so law enforcement officers might struggle to take a reading. Furthermore, a person who is having an asthma attack can act a little confused, which might make cops suspect they are drunk.

If you have used an asthma inhaler in the time leading up to your breathalyzer, your BAC results are even less accurate. Asthma inhalers use alcohol to preserve and distribute the medication that helps with breathing. When you take a puff from your inhaler, roughly a third of the mist is actually alcohol.

This alcohol isn’t even absorbed into your bloodstream like alcohol you drink. Instead, it coats the lining of the lungs. When you breathe into a breathalyzer, this alcohol mist comes back out and results in a false reading. Even people who haven’t had a drop to drink can seem over the legal limit if they use their inhaler before a test.

Respiratory Illnesses

If you are sick with the common cold or another type of respiratory illness, there might be a reason to doubt your breathalyzer results. Many false readings are triggered by certain medications. This happens because some medicines contain alcohol, and when they stick to the lining of your mouth and throat, the concentrated fumes can impair a breathalyzer’s ability to function correctly.

For example, sucking on a cough drop right before a test can quickly cause a false reading. Other common medications that can impair a breathalyzer include some types of Nyquil and Vicks products. If you were using an oral gel to help with a cold sore during your illness, you can also get a false result because of the anesthetic used in the medication.

Diabetes

One of the most common conditions used in a medical DUI defense is diabetes. Whether a person has type 1 or type 2 diabetes, their body struggles to process sugar correctly. When sugar levels become too low, a person experiences many symptoms that can be confused with drunkenness. Diabetic hypoglycemia causes tremors, slurring, clumsiness, and mental confusion.

If you have too much glucose in your blood, you are even more likely to be hit with false DUI charges. When a person has severely high blood sugar, their body enters diabetic ketoacidosis. This is a serious health crisis, and one of the key symptoms is producing too much acetone. When this happens, your breath may smell fruity and alcoholic.

Excess acetone in the bloodstream causes all sorts of problems. Though it’s most common in patients with high blood sugar, some people with diabetes can have chronically high acetone levels even if they currently have low blood sugar. This is a problem because breathalyzers cannot tell the difference between acetone and ethyl alcohol. Therefore, they register high acetone levels as high BAC levels. In fact, this is so common that some doctors use a breathalyzer test as a way of diagnosing patients with diabetes in the first place.

GERD

Gastroesophageal reflux disease, or GERD, is essentially a chronic form of heartburn. People with GERD struggle to digest food regularly, and contents from the stomach quickly back up into the esophagus. Most people just associate GERD with unpleasant chest pain and foul-smelling breath, but it can also cause legal problems.

Alcohol is one of the most frequent triggers of a GERD episode. Even just a few sips of a beverage can cause severe acid reflux. This becomes a problem if someone is suspected of a DUI. When you take a breathalyzer test with a lot of alcohol backing up into your throat, the readings are drastically off. A person might have merely tried a cocktail with dinner, yet they can end up blowing a result well over the DUI limit.

GERD can also contribute to false DUI charges because it affects a person’s breath. People with GERD tend to have chronic foul breath, so they often rely on mouthwashes and breath sprays. These GERD treatments typically contain alcohol, so having even a small amount lingering in your mouth can throw off your breathalyzer tests.

Kidney and Liver Diseases

Both the kidneys and the livers are an essential part of filtering toxic materials out of the bloodstream. Unfortunately, it is possible for these essential organs to quit working. There are a variety of medical conditions that can cause liver or kidney disease to develop. Most people with kidney or liver disease will not be able to drink alcohol because it further damages their vulnerable organs.

However, even without consuming alcohol, you might find yourself accidentally failing a breathalyzer test. This happens as a result of ammonia buildup. When your kidneys or liver cannot metabolize properly, you end up with excess ammonia in your body. Since breathalyzers aren’t the most sophisticated equipment, the ammonia buildup can easily confuse the breathalyzer. This can make it difficult for law enforcement to get a proper reading.

What to Do If You Have One of These Conditions

Being diagnosed with one of these conditions isn’t an automatic “get out of jail free card.” It does give you a very valid defense in a DUI case, but your Morristown criminal defense lawyer will still need to do some work. First of all, they might need to get some testimony from a medical expert. Since a lot of judges and juries may not know much about health care matters, your lawyer could ask a medical professional to explain how your diagnosis affected the breathalyzer test.

Your DUI lawyer will also need to show that there isn’t a relevant case against you outside of the breathalyzer test. For example, if video evidence shows you taking ten shots of alcohol, hopping in your car, and immediately crashing it into a pole, a potentially faulty breathalyzer test might not be enough to get your case dismissed. You have a better chance of avoiding a guilty verdict if you were not impaired or there was no evidence of you consuming excessive amounts of alcohol. Your lawyer may be able to use your illness as a reason to throw out the breathalyzer results, and without this evidence, the case against you might collapse.

If you or a loved one have been charged with a DUI, the law office of Gregg Wisotsky is happy to help. As a Morristown criminal defense lawyer, Gregg Wisotsky can discuss your situation and help you see if there are any valid ways to defend against a DUI charge. Our team can also help out with a variety of other types of criminal cases in Morris County. To learn more about our services, give us a call at 973-898-0161, or fill out our contact form.

How Does a Prosecutor Use DNA Evidence in a Criminal Case?

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Types of DNA Evidence Used in Criminal Court Cases

A person’s genotype is a string of letters that creates a code that is unique to each human on earth. There are a trillion trillion possible genotypes, and there are currently fewer than 8 billion people on Earth, so it is highly unlikely that people could have the same genotype, even if they’re identical twins.

In a criminal court case, prosecutors use different types of DNA evidence that rule out the possibility anyone else could have committed the crime. If the prosecution is likely to use DNA evidence against you, it’s important to work with a Morristown criminal defense lawyer to protect your rights.

History of DNA Evidence

The use of deoxyribose nucleic acid (DNA) in criminal court cases started in 1985 in Great Britain. Scientist Alec Jeffreys used DNA testing to solve a homicide case that occurred in England. The DNA was also used to pair the suspect with other unsolved crimes in the country. Two years later, a Florida man was convicted of sexual assault based on DNA evidence collected by detectives. DNA evidence preserved from older crimes has also been used to exonerate people who were wrongly convicted based on other, less scientific evidence.

How DNA Evidence Is Collected

Just about any type of biological sample can be used to yield DNA evidence. Saliva, blood, mucus, skin cells, hair follicles, semen and vaginal secretions all yield enough DNA for laboratories to determine the genotype. Once the sample is collected and preserved, the laboratory uses a technique called polymerase chain reaction. Also called PCR, it allows a tiny sample of DNA to be processed. The PCR method amplifies the DNA into millions of copies within a matter of hours. The process is more than 99% accurate. There is less than a one in 1 trillion chance that two people will match.

Errors are typically caused by contamination or human error in the lab. Each state has its own laboratory licensing requirements and rules for the submission of DNA evidence in court.

Types of DNA

Each person carries two types of DNA. The first is nuclear DNA. In the nucleus of nearly all cells, there are 46 chromosomes. These 46 chromosomes are paired into 22 autosomal chromosomes and one pair of sex chromosomes. Each individual gets one chromosome from their mother and one from their father.

The other type of DNA evidence a court may admit is mitochondrial DNA. Each individual inherits their mother’s mitochondrial DNA.

How DNA Evidence Is Used to Match People to Crimes

When DNA evidence is found at the scene of a crime, it is sent to a genetic testing lab. The FBI and nearly all police departments participate in databases. Sexual offender registries also include DNA databases. When a new sample of DNA is processed, the results are compared to the samples from known individuals in databases. This helps identify who the genotype belongs to. Some labs have long backlogs of samples, and the analysis may take months or even years.

Uses of DNA Evidence in Court Cases

Prosecutors use DNA matching in criminal investigations and trials. When there are no witnesses or the witnesses are unreliable, the court typically turns to any available DNA evidence. This evidence can also be used to prove that a person didn’t commit a crime. To date, more than 250 people have been exonerated through DNA evidence after their wrongful convictions.

DNA evidence is also frequently used to prove paternity in child support cases. Courts sometimes use DNA to match potential heirs in estate settlement cases and to identify the remains of accident and crime victims as well.

If you’re facing criminal charges and the evidence includes DNA, working with a Morristown criminal defense lawyer helps you understand your rights, how the court process works and what to expect from the prosecution and judge. To schedule a consultation with the Morristown law office of Gregg Wisotsky, call 973-898-0161. You may also fill out our online contact form, and an associate will reach out to you to schedule a consultation as soon as possible.

A DUI and Future Employment

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How a DWI May Affect Employment

In New Jersey, a driver with a blood alcohol concentration of 0.08% or higher is considered to be driving while intoxicated. A DWI in this particular state is a traffic offense and not an indictable crime and thus cannot result in a misdemeanor or felony for that violation alone. Still, Morristown criminal defense lawyers generally recommend representation in order to limit the penalties and any potential effect that it could have on future employment.

Driving While Intoxicated: The Terminology

The state of New Jersey has a driving while intoxicated statute designed to prevent people from operating a motor vehicle while affected by alcohol or drugs. All 50 states have similar statutes, and the offense is often referred to as “driving under the influence” or “driving while impaired.” You may often see these terms used interchangeably, and within the context of New Jersey, they all refer to the same DWI statute.

A DWI Is a Traffic Offense

New Jersey is one of only two states—the other being New York—in which a DWI is a traffic offense and not a criminal offense. A DWI can still result in a criminal offense if there are injuries involved, but the majority of DWI citations do not result in criminal charges. Nevertheless, a DWI can result in serious penalties, including:

  • Fines
  • Jail time
  • Automobile insurance surcharges
  • Substance abuse assessment and education
  • Temporary or permanent loss of driving privileges

May an Employer Inquire About a DWI Conviction?

It depends on the circumstances. An employer does have the right—depending on the phase of the hiring process—to ask you about criminal charges and to perform a criminal background check. But since a DWI is a motor vehicle offense in New Jersey and not a criminal offense, you do not have to disclose the arrest or the charges, and any conviction will not show up on a criminal report. It will, however, show up on your Driver History Abstract, which is commonly referred to as a driving record, and a clean driving record is a prerequisite to some jobs.

May an Employer Request a Driving History Abstract?

Municipalities are permitted to request your driving record without restriction, and they can therefore choose not to hire you based on a DWI. Other employers have limited access based on what the position entails. If the job involves operating a vehicle that requires a license, then the employer can ask you if you have been charged with a DWI and can verify that information through the DMV. The employer can choose not to hire you based on that information and may in some cases have an obligation not to hire you.

How Long Does a DWI Stay on Your Record?

In the state of New Jersey, a DWI remains on your driving history abstract forever. This is done so that previous violations can result in harsher penalties for subsequent violations. The law in this state does include what is called a 10-year step-down provision. After 10 years have passed from a previous violation, a subsequent violation will be assessed as if it were the first infraction.

There are no such rules governing employers. If an employer is hiring you to operate a motor vehicle, it has the right to assess a DWI conviction that is older than 10 years. It is generally believed that employers place greater emphasis on recent history, but they are not obligated to do so.

Local Representation in New Jersey

It is often beneficial for anyone charged with a DWI in New Jersey to hire an attorney to protect their legal rights and mitigate any penalties that may be faced. If you or a loved one is in this situation, then it could be a good idea to contact the law office of Gregg A. Wisotsky. We can provide you with a consultation and, if needed, local representation from a Morristown criminal defense lawyer. To schedule an appointment, call us at 973-898-0161 or contact us online.

The Benefits and Disadvantages of a Bail Bond

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Bail Bond Advantages and Disadvantages

Mistakes can happen in life. When you have been arrested, you want to get out of jail as soon as possible. A bail bond can expedite your release from custody.

What Is a Bail Bond?

Bail is a cash bond that allows the arrested person to leave jail. However, there are a few stipulations that the person must follow. In exchange for their freedom, the detained person must appear in court.

Bail is a conditional release. The defendant must attend all court hearings and other related legal matters. If the person doesn’t show up, the court keeps the bail and issues a warrant for the defendant’s arrest. The bail is also forfeited to the court. With that, the defendant is charged with failure to appear in court.

Who Sets Bail?

A judge is responsible for setting the defendant’s bail. In many cases, the judge follows a standard bail schedule that specifies the bail amount for a particular crime.

There are times when the suspect cannot afford the bail. The defendant can ask the judge to lower the amount during the arraignment.

Remember that there are limits on the bail. According to the U.S. Constitution, bail cannot be excessive. Bail allows the arrested individual to remain free until the scheduled court date. In some situations, the judge will set a high bail in cases where the suspect is a danger to the community. The U.S. Supreme Court has ruled that this type of bail is not unconstitutional according to United States v. Salerno, 481 U.S. 739 (1987).

Using a Bail Bond

Now that you know the basics of a bail bond, you may be wondering how it works. Bail can be paid in several ways, including paying the total amount of the bail, purchasing a bond from a bail bond seller, or depositing property with the court that is worth the amount of the bond.

A bond requires you to pay a certain percentage of the total amount of bail. When you pay in cash, you must pay for the full amount of the bond. There are a few drawbacks to paying in cash. A cash bond is a considerable expense, and it can be challenging for many to come up with a large amount of cash on short notice, after banks are closed, or on the weekend.

For most defendants, the bail bond is the most attractive option. An individual only needs to post about 10% of the total bail amount. However, if the defendant wants this option, a bail bond agent must be contacted. The bail bond agent will pay for the rest of the bond on the person’s behalf.

Keep in mind that these bail bond agencies will charge a commission and fees in addition to the cost of the bond. Once you have a bail bond, you must appear in court on all of the scheduled dates.

The Pros of Bail Bonds

If you need to get out of jail as soon as possible, you may be considering hiring a bail bond company. These bonds are helpful for those who don’t have enough cash to pay the full amount of the bail. In many situations, you can find several bail bond companies with offices near jails, courthouses, and police stations. Many of them are open 24/7. With those hours, you can guarantee to get a bond when you need it.

These bail bond agents will work to get you released from jail. No matter the hour, the bail bond company begins the process to secure your discharge. All of the paperwork is completed for you. Bail bondsmen know how the process works in your jurisdiction, so they will easily fill out the correct documents for a seamless and quick transaction.

However, always make sure that you choose a reputable company for your bond. Some of these professional firms will give you a little leeway in the approval process, which gets you out of custody even sooner. While some agents have a bad reputation, most bail bond companies maintain a trustworthy status in the community.

Some companies can take advantage of the defendant by soliciting more money. Be careful of these unscrupulous companies. If you want to work with a bail bond company, make sure that the agents are licensed.

Along with paying for the bond, the defendant might also want to find a reputable criminal defense attorney to help them fight their charges. Your Morristown criminal defense lawyer will possibly coordinate with the bail bond agency to discuss your release and to be sure that everyone is kept abreast of future court dates.

The individual only needs to pay a percentage of the bail amount with the bail bond. That can be a win-win for the defendant as they will be released from jail and don’t have to worry about paying a large amount of cash.

Paying for a bail bond is not easy for many people. In some cases, the bail bond company will offer payment plans for the defendant. That can help some people out of a tight financial obligation. Keep in mind that not all bail bond agencies offer these payment plans.

If the bail bond requires a high amount of cash, the defendant can use a high-value asset, like a car or other property, as collateral. These bail bond agencies will also offer discounts for service members, union employees, and retired individuals.

Bail Bond Cons

While using a bail bond does sound appealing, there are some drawbacks, especially when working with a bail bond agency. Remember that bail bond fees are never refundable. You cannot recoup those costs once you hand over the 10% of the bail amount to the agent. Think of these bonds as a fee for your freedom.

You will work through a third party when using a bail bond agency. With that, you will have to share personal information with the agent. While these companies protect your privacy and confidentiality, there are no guarantees that private details will not leak out from the agency.

Finally, the bail bond agent is an employee of the company. Don’t think that you have a personal relationship with the agent. Getting you to court is their primary goal. The bail bond agency assures the court that you will appear for any legal hearings.

If you jump bail, the agency will hire a recovery agent to search for you. When you are found, they will turn you over to law enforcement. The bail bond company doesn’t want to forfeit its money. When you don’t show up to court and cannot be located, the agency has to pay the full amount of the bail.

Make the Right Decision for You

It can be a challenging decision whether to pay by cash or bail bond. Whatever option you choose, make sure to have a Morristown criminal defense lawyer ready to represent you in court. With a little experienced help, you can understand the advantages and disadvantages of a bail bond. Gregg Wisotsky serves the New Jersey area. If you need to schedule a consultation, call his Morristown office at 973-898-0161 or visit the website.

How Will a Property Crime Conviction Affect the Rest of My Life?

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What Are the Consequences for a Property Crime Conviction?

Property crimes entail the unlawful destruction or theft of property when no threat or actual violence is taken against a person or an animal. They are some of the most common types of crimes and include larceny, theft, motor vehicle theft, burglary, vandalism, arson, and shoplifting. In 2019, law enforcement investigated nearly 7 million property crimes nationwide, and those crimes caused more than $15.8 billion in losses and damages.

Penalties for Criminal Mischief

Criminal mischief is also called vandalism. It involves the intentional and malicious destruction of another person’s property whereby the damage or property loss exceeds $100. In New Jersey, it’s the lowest level of property crime. It carries the least potential penalties of all types of property crimes, and if you are convicted of this crime in New Jersey, you may face fines of up to $500, in addition to court costs. You may be ordered to serve probation or a short jail sentence.

Third- and Fourth-degree Property Crime Penalties

Arson, theft, and motor vehicle theft convictions for third-degree and fourth-degree crimes carry jail or prison sentences, probation, and fines. If you’re convicted of a fourth-degree property crime, you may owe up to $10,000 in fines, and you may be ordered to serve a prison sentence of up to 18 months. For a third-degree property crime conviction, the court may order you to pay up to $15,000 in fines and to serve a term of up to three to five years in prison.

First- and Second-degree Property Crime Penalties

Convictions for second-degree property crimes may result in the court ordering you to pay fees of up to $150,000. You may be ordered to serve a term of up to 10 years in prison, and you may have an additional term of parole. For a first-degree property crime conviction, the court may order you to pay up to $200,000 in fines. You may be required to serve a prison sentence of 10 to 20 years.

Negotiation for a Lesser Penalty

A common strategy criminal defense lawyers use to reduce the penalties of property crime convictions is to negotiate for a lower grade of crime. If no person or animal was harmed, the court may agree to such terms. Such negotiations require the experience of a criminal defense lawyer.

Court Latitude in Sentencing Offenders for Property Crimes

The court has some latitude for sentencing offenders who are convicted of property crimes. An offender with a criminal history may receive a longer sentence. Anyone who is a violent offender may also receive a longer sentence. If an additional crime took place along with the property theft or destruction, the offender may receive a longer sentence. For example, if the offender was 20 years old at the time of the crime, and their 14-year-old sibling joined them, the 20-year-old individual may also be charged with contributing to the delinquency of a minor.

Why Legal Representation Is Important

A criminal conviction for property crimes stays on an adult’s record. This conviction could have a serious impact on your ability to rent an apartment or get a job. The higher the degree of the crime, the more seriously employers, landlords, and others will regard the situation. A conviction of a second-degree property crime could make your future difficult. Working with a Morristown criminal defense lawyer helps you protect your rights and your personal and financial future. Your lawyer may use a range of strategies in your defense. Working with a criminal defense attorney also helps you understand the charges against you and the court process for trying the case.

A criminal defense attorney protects your rights, explains the legal process to you, and handles the details of the court process. If you find yourself facing property crime charges, it’s critical to understand the potential penalties and how they’ll affect the rest of your life. To schedule a consultation with our Morristown criminal defense lawyer, contact us at 973-898-0161, or complete our online form here.

10 Things You Should Know About Probation

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Everything You Need to Know About How Probation Works

On average, roughly 4.4 million people each year are on probation. Also called parole or a suspended sentence, this legal punishment comes with many rules. If you want to avoid more jail time, fines, or other problems, you need to be aware of how probation works.

Probation Isn’t a “Get Out of Jail Free” Card

In many situations where a person is a first-time offender, their Morristown criminal defense lawyer may be able to argue for a sentence that uses probation instead of jail. However, even though probation might not be as restrictive as jail, it is still important to take it seriously. Whether you get probation right away or get it after you leave jail, it’s possible for your probation to be revoked. If you violate the terms of probation, you can be placed in jail for the duration of your sentence.

You Have to Pay Extra for Probation

Many people assume probation is a free government service. However, the reality is that it is an added expense that the government does not cover. You have to pay the cost of probationary supervision which can be somewhere from $10 to $600 per month. Willfully disregarding your fees may lead to imprisonment. Due to the way the law is worded, you cannot be placed in jail for not having money to pay your fines. However, if you have money but choose to spend it on luxuries or frivolous expenses instead of probation fees, you can be jailed.

All Sorts of Activities Can Break Probation

While you’re on probation, your activities are very strictly controlled. Each person has their own individual set of probation requirements, and breaking any of these rules counts as a probation violation. Depending on the circumstances of your crime, you might end up dealing with one or more of these rules of probation:

  • Take steps to pay back any parties you harmed due to criminal activity
  • Support any children or other dependents and pay child support on time
  • Turn in any firearms and do not purchase more
  • Do not spend time with those engaging in criminal activities
  • Do not drink alcohol or do not drink excessive amounts of alcohol
  • Attend a substance use treatment program or other court-ordered therapy
  • Only take controlled substances as prescribed by a doctor

You Give Up Your Right to Avoid Warrantless Searches

Being on probation ends up reducing the amount of privacy you have. Agreeing to probation means the probation officer or law enforcement officers can search you at will. This can include both searches of your person and searches of your property. You will need to be prepared for searches at any time. To reduce the risk of a search turning up evidence of probation violations or other crimes, it’s important to pay close attention to the rules of your probation and consult with a probation attorney.

You Usually Cannot Just Sit Around While on Probation

Part of being on probation means you need to be making steps to rehabilitate and avoid a life of crime. The exact rules can vary a little, as the court sets specific requirements for each person. It is common for people to have to try to get a job. If you are not employed, you need proof that you regularly submit job applications. In some cases, people may not need a job, but they might need to perform community service. You can end up having to volunteer a certain number of hours each week.

Probation Doesn’t Always Mean Face-to-face Meetings

Most people picture probation as a situation that involves regularly walking into an office and talking to a parole officer. However, this is no longer the case. Most modern probation involves only a few in-person meetings. Later on, you can usually meet them through a video call or a phone call. This means that probation can end up being more flexible than you might think. However, keep in mind that this is left to the discretion of your probation officer. If you seem untrustworthy or uncooperative, you might have more in-person meetings.

Don’t Plan on Traveling Far During Probation

The general rule of thumb is that you cannot travel outside of the state while on probation. However, keep in mind that probation terms are altered to suit individual situations. Your probation may further restrict your travel or give you more opportunities. If you do not want to end up in jail, it is your responsibility to be aware of and follow travel restrictions. When you do need to travel outside of the boundaries you were given, you will need to ask for permission far in advance.

Penalties for a Probation Violation Can Vary

If you violate probation, you will not necessarily end up going to jail. When you violate probation, you must go before a judge for a probation violation hearing. In some cases, you might be able to defend yourself or explain mitigating circumstances. It is possible to violate parole and still stay on probation. The judge might just make your restrictions more severe or extend the overall length of your probationary sentence. However, the court does have the option of revoking your sentence. In these cases, you can end up in jail for the amount of time on your original sentence. For example, if you committed a misdemeanor that comes with a maximum penalty of one year in jail, then violating probation could lead to you being in jail for one year.

Your Relationship With Your Probation Supervisor Matters

A probation supervisor is not just a person who checks off forms and oversees drug tests. Instead, you should expect to spend quite a bit of time in communication with them. Developing a relationship with your probation officer can be a good thing. When they know you are generally trustworthy and responsible, they are more likely to loosen your restrictions. If you are rude, uncooperative, or dismissive to your probation officer, you could receive stricter rules.

There Are Different Types of Probation

Keep in mind that there are technically two types of probation in the state of New Jersey. Supervised probation is what you probably think of as traditional probation. It has a lot of rules and requires regular check-in with a probationary officer. Unsupervised probation, which is also called non-reporting or informal probation, is more lax. This type of probation means you do not have an officer to report to. However, you have to occasionally go to the court for check-ins, and you still need to be careful to avoid committing other crimes.

There are many situations where going on probation can help you avoid a longer prison sentence. However, it does come with fairly strict guidelines. If you are facing legal charges and hope to get off with just probation, you need to understand the rules and be confident you can follow them. It’s a good idea to speak with your Morristown criminal defense lawyer and see how probation really works. Gregg Wisotsky is here to help with all your questions about criminal charges. To learn more about our services, fill out our contact form or call us at 973-898-0161.

Why Do DUI Charges Sometimes Get Dismissed?

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What Are Common Reasons to Get a DUI Charge Dismissed?

Did you know that one in four DUI cases end up getting dismissed? Law enforcement officers are supposed to follow all sorts of guidelines when handling DUIs, and breaking any of them can cause the judge to throw out the entire case. Here are some of the most common reasons that a DUI charge can get dismissed.

The Traffic Stop for Your DUI Wasn’t Legal

Just like any other criminal case, the evidence against you can only be used if it was obtained legally. An officer has to have a reasonable suspicion that a crime is being committed for stopping your vehicle in the first place. This can include anything like breaking a traffic law or being witnessed leaving a bar while visibly intoxicated. If the officer pulled you over while you were driving safely and normally, your case could be thrown out.

You are especially likely to have a case for dismissing your charges if there is reason to suspect bias. In situations like DUI checkpoints, officers are supposed to remain neutral and use a targeting method like searching every fifth car. If you think a biased officer targeted you based on your financial status, race, gender, or age, it’s worthwhile to speak to a Morristown criminal defense lawyer.

Your Sobriety Test Results Weren’t Accurate

Failing a blood test or breath test doesn’t necessarily guarantee a guilty conviction. Your DUI lawyer may be able to cast doubt on the accuracy of the test results. The most common reason for dismissing a DUI case based on sobriety test accuracy is if the officer used broken equipment or failed to calibrate the equipment correctly. Certain medications and foods can also impair the results of a Breathalyzer.

You can also cast doubt on the outcome if the test was not conducted promptly. In the case of blood tests, they are only valid evidence if they are properly labeled and handled. If there is doubt that your sample was uncontaminated, your case could be thrown out. Blood tests also have to be conducted promptly. If your sample sits for days, alcohol levels elevate naturally due to decomposition, so the results are skewed.

The Arresting Officer Didn’t Follow Legal Procedures

In any potential arrest for DUI, police officers have to follow several legal procedures. They have to read you your Fifth Amendment Miranda rights and give you the opportunity to speak to an attorney. If this did not happen in your DUI case, you have a very strong reason to get your case thrown out. Without being notified of your rights, any evidence you gave to incriminate yourself is no longer valid.

There can also be other minor mistakes that can get your whole case thrown out. In some cases, things like a law enforcement officer failing to sign a complaint or writing down your Breathalyzer results may affect your case. If basic procedural mistakes occur, your lawyer can argue that there is not enough valid evidence to charge you with a DUI.

A Non-Standard Sobriety Test Was Used

Not all police officers use breath tests or blood tests to determine sobriety. If they asked you to do something like recite the alphabet backwards, your Morristown criminal defense lawyer might have grounds to ask for case dismissal. Certain non-standard tests are challenging to complete whether a person is sober or drunk. If the only reason for your DUI charge was failing some complicated test, your lawyer may be able to get your case dismissed.

As you can see, these sorts of issues come up fairly regularly. With help from a talented lawyer, you may be able to get the charges thrown out. The Law Office of Gregg Wisotsky is here to help with your DUI case. Even in situations where a dismissal isn’t possible, the right representation can still potentially improve the outcome of your case. Ready to schedule an appointment at one of our Morris County offices? Give us a call at 973-898-0161 or send us a message now.

What Are the Potential Punishments If You’re Convicted of Sex Crimes?

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Understanding the Consequences for a Sex Crime Conviction

With over 165,000 people imprisoned for rape or other forms of sexual assault, sex crimes are one of the most common reasons for imprisonment. There are usually mandatory minimum sentences imposed on people who commit sex crimes, and you might encounter other consequences as well. Here are the sorts of punishments you can expect to face for sex crimes in New Jersey.

Jail Time

Depending on the type of crime, a person may face anywhere from six months of jail time to life imprisonment. There are several factors that go into jail time. First of all, the court will take a look at the type of sex crime you are charged with. The most severe crime is sexual assault which is the legal term for rape. It involves sexual penetration where the victim was unwilling or unable to consent. There is also a type of crime, called sexual contact, which refers to things like touching or molesting without penetration. Finally, there is lewdness, a type of crime that involves unwanted or inappropriate sexual behavior without actually touching the victim.

Next, the court will consider whether the New Jersey sexual offense is “aggravated.” Aggravated crimes involve factors that make the punishment more severe. Sexual assault or sexual contact is upgraded to an aggravated sexual offense in cases where the victim is underaged or related to the perpetrator. It can also be an aggravated offense if the perpetrator severely injured the victim, used a weapon to commit the crime, or committed another crime alongside the sex crime. If the offender was a teacher, police officer, or other authority figure who used their position to sexually harm someone, their crime might count as an aggravated crime.

Keep in mind that New Jersey does have mandatory minimums for most sex crimes, but the court can choose to increase the prison sentence if circumstances warrant more jail time for sex crimes. Here are some of the common prison sentences associated with types of sex crimes:

  • Aggravated sexual assault in the first degree: 10 years to life
  • Sexual assault in the second degree: Five to 10 years
  • Aggravated criminal sexual contact in the third degree: Three to five years
  • Criminal sexual contact in the fourth degree: 18 months to two years
  • Lewdness in the fourth degree: Six months

Fines

Prison sentences are the only one of the sex crime penalties that are legally required after a conviction. However, the court does have the option of adding fines on to their sentence. These fines are meant to both punish the perpetrator and compensate the victim. The exact amount varies quite a bit depending on your circumstances and the type of deal negotiated by your Morristown criminal defense lawyer.

For a fourth-degree sex crime, the court can charge you a fine of up to $10,000. If the crime is a third-degree crime, you can get a fine of up to $15,000. When charged with a second-degree crime, the penalty can be up to $150,000, and first-degree crimes can come with a fine of up to $200,000.

These fines go directly to the government. In addition to these fines, you might also have to pay a fine to the victim. To calculate this amount, the court first looks at the financial value of the victim’s injury. They may take into account both physical and mental harm and consider things like payment for medical bills or lost wages due to the injury. Then the court can assign a fine of up to double this amount.

Megan’s Law Registry

If you are convicted of a qualifying sex offense in New Jersey, Megan’s Law also requires you to register as a sex offender. You will have to fill out a form and submit it to your local police department. Then the Division of State Police will post information about you on a publicly searchable website. You will have a duty to notify the registry if your location changes, and failing to do so can result in more criminal charges. Failing to register can lead to more fines and more time spent in prison.

Registration is not technically meant to be a punishment for sex offenders. It is simply meant to help keep the community safe. However, it does end up meaning that sex offenders lose a lot of their right to privacy. Unlike other crimes, your current address, vehicle type, age, description, and type of offense will all be public knowledge. This can make it harder to get jobs, gain approval for apartment applications, and otherwise reintegrate into society.

Restrictions on Certain Behaviors

The majority of sex crimes just result in basic jail time, fines, and being on the sex offender registry. However, the court has a lot of freedom in assigning punishments, as long as they are not cruel and unusual. Due to the nature of certain sex crimes, the court might place additional restrictions on a person’s behavior. This can include things like bans from participating in events or using certain services that would provide access to potential victims.

Even if restrictions are not placed on you by the court, you can still run into them. Those who are convicted of sex crimes are often ineligible for things like teaching at a school or signing up for certain social media sites. New Jersey does not have state-wide restrictions on where sex offenders can live, but some counties and towns may have their own rules in place. This can prevent you from living near schools, parks, or other similar areas. Many social media companies, including Facebook, also ban sex offenders from using their sites.

Civil Lawsuits

Civil lawsuits are not an official punishment for sex crime convictions, but it’s still worth being aware of this possibility. Any time a person believes they were harmed by your negligent or unethical behavior, they can sue you. Sexual assault victims can potentially ask for compensation to help with things like therapy and medical bills. They can also sue the perpetrator for pain and suffering, loss of enjoyment, and loss of ability to be intimate with their partners.

Most civil sexual assault lawsuits end up being “he said/she said”-type situations that are hard to prove. However, if you’ve been convicted of a crime, the other party’s case gets a lot easier. Since a conviction involves proving guilt beyond a reasonable doubt, it makes it much simpler for someone to sue you. They can point to the criminal case against you as proof of their claims. If you lose a lawsuit, you can then end up having to pay even more money to the victim.

As you can see, there are all sorts of official and unofficial consequences associated with sex crime convictions. If you are facing charges, it is important to speak to a Morristown criminal defense lawyer as soon as possible. They can assist you with things like proving innocence or negotiating lighter charges. As one of the leading criminal defense attorneys in the Morris County area, Gregg Wisotsky is here to help. Schedule a free consultation by calling 973-898-0161 or filling out our online contact form.

What Should You Do If You’re Facing Identity Theft Charges?

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Follow These Steps After Getting Identity Theft Charges

Did you know that even basic identity theft charges can lead to a 15-year prison sentence if a conviction is obtained? Identity theft charges are very serious, so you need to respond appropriately. Here are some tips for how you should handle this situation.

Find a Good Criminal Defense Attorney

Hopefully, this is actually a step you have already taken. As soon as you are arrested for identity theft, it is a good idea to stay quiet and get help from a lawyer. They can explain how the whole process works and help you avoid saying anything accidentally that might be incriminating. However, many people are surprised to be arrested for identity theft, so they might not have a lawyer ready as soon as the police show up.

If this happens, you might get a public defender assigned to your case. While public defenders do try to be helpful, they are often overworked and underpaid. You will get better care from a private attorney because they have more resources to help with your case. Furthermore, hiring your own attorney helps you find someone whose credentials and personality suit your needs. Since identity theft is a felony, it is important to have the best legal representation possible.

Cooperate With Court Dates and Other Pre-Trial Requirements

Having a good lawyer can help you a lot with this step, but you still need to try to stay on top of things. Trying to run from the police, skip court dates, or leave the state with pending charges is a bad idea. Anything that makes you look uncooperative can also make you look more guilty of identity theft.

While waiting for your trial, you need to be as responsible and accessible as possible. Check your mail each day, let the court clerk know if you change your address, and make sure you are available for depositions and other important tasks. If you have doubts about anything, check with your Morristown criminal defense lawyer. They can make sure that harmless tasks like getting rid of an old laptop do not make it seem like you are destroying evidence or doing anything else suspicious. Your identity theft lawyer can also help you make sure you are fulfilling all conditions of your bail. Being as law-abiding as possible in the days leading up to your trial can help your case immensely.

Explore Possible Identity Theft Defenses

As soon as you start working with your lawyer, they will begin preparing a defense strategy for you. This involves going over your situation and seeing if there are any factors that would keep your actions from meeting the legal definition of identity theft. Depending on what happened, you may want to use one or more of the following defenses.

The first defense is just that you were falsely accused. For example, you might state that you had nothing to do with the person’s identity being stolen, and someone else must be responsible. This defense works best in cases with little evidence against you. Remember that the court can only convict you if there is enough evidence to show you are guilty beyond a reasonable doubt. However, sometimes arguing a false accusation can be easier said than done, especially if you do not have alibis or other concrete proof you could not have committed the crime.

Another option for defense against identity theft is stating that you did not intend to commit identity theft. For identity theft to be a crime, you had to commit the behaviors for the express purpose of defrauding others. So if you did technically steal your neighbor’s private bank information but only did so because you opened their mail by accident and did not hack their account with this information, then your actions would not meet the legal definition of identity theft.

In some cases, people who have been charged with identity theft can defend themselves by claiming they were allowed to use someone else’s private information. Consider a case where your mother gives you her Social Security number and asks you to help her sign up for benefits. This would not count as identity theft because you had permission to act on your mother’s behalf. Using this defense can be very effective, but it might be hard to prove you had consent if the supposed victim insists they did not give you permission.

Another option is claiming that the case against you is invalid because there were legal irregularities in how it was carried out. Things like arresting you without cause, searching your computer without a warrant, or other similar types of misconduct can get your whole case thrown out. This is the type of defense where a lawyer’s specialized knowledge of the legal system can really be useful.

Work to Gather Evidence for Your Criminal Case

While waiting for your trial, your identity theft defense team will spend much of their time gathering evidence. This helps them prepare your case and figure out how to defend you appropriately. Of course, the police and prosecution will also be gathering evidence.

This is where your legal team steps in to help. They specifically look for things to help your case. Your defense team can help you formally request things like security camera footage that could help you prove your case. They can also recommend forensic financial experts who can go over your case and provide expert testimony for you. If any depositions, or formal interviews under oath, are required, your legal team will also assist you with conducting these sessions.

Know What to Expect at Your Trial

By the time of your court date, your Morristown criminal defense lawyer will have put together an extensive defense on your behalf. Most of the hard work is out of the way for you, but you can still take a few steps to help get the best possible outcome. To prepare for your trial, it is helpful to get an idea of what to expect.

Identity theft trials will involve you sitting in court while a jury hears evidence for and against you. For most of the trial, your job will be to dress appropriately and sit respectfully. Outbursts, attempts to attack witnesses, or behavior that seems oddly smug or gleeful may make it harder for your lawyer to present your case. In your trial, there is a chance you will be called to testify. Your lawyer should work with you ahead of time to help you prepare appropriate responses for possible questions. By respecting the legal process and following wise legal counsel, you may be able to prove your innocence or get a less severe punishment.

Ultimately, the right defense team makes a huge difference to your outcome. After being charged with identity theft, a good lawyer can help you prepare a smart defense and appropriately follow all necessary legal guidelines. At the Law Firm of Gregg Wisotsky, our team works hard to provide the best possible care for those facing criminal charges. We provide assistance throughout much of New Jersey, including Hackensack, Newark, and Jersey City. Learn more about our services by giving us a call at 973-898-0161 or by filling out our online contact form.

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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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