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What Are Some of the Most Common DUI Mistakes Made by Police?

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Common DUI Mistakes Police Make

Many drivers are pulled over by police and subsequently arrested for driving under the influence. However, sometimes, police officers may make mistakes when arresting suspects for DUI. It’s important to know about these mistakes if you find yourself facing these charges.

No Cause to Make a Stop

One of the most common DUI mistakes police officers make is when they pull over a driver when there is no reasonable suspicion that a crime has been or is being committed. Police must have a valid reason to pull someone over, and in many cases that could be completely unrelated to driving under the influence. For instance, if a driver has a broken headlight or taillight, or if he or she drove through a stop sign, it will give the officer a legitimate reason to stop that individual. If the police officer merely got a glimpse of the driver’s face and decided that he or she appeared suspicious, that wouldn’t count.

No Proof of Operating a Vehicle

A police officer cannot arrest a person for DUI just because he or she is sitting in a vehicle that isn’t moving. If the car is parked, and the individual is sitting there, even with the engine idling, that doesn’t prove that the person is operating the vehicle while under the influence. An arrest for DUI would be considered a mistake.

Improper Administration of Tests

When police officers pull someone over for suspicion of DUI, they often require the person to submit to a breath test. However, the Breathalyzer must be properly calibrated before the test is administered, or it could give a false result.

Other tests that measure blood alcohol concentration must also be administered properly for the same reason. When a person is ordered to give blood or urine for testing to determine if he or she may be guilty of DUI, the samples cannot be tampered with or tainted, or they could give false results. A Morristown criminal defense lawyer knows that such tests would be inadmissible in court and would fight to ensure that the charges would be dropped against the person.

Field sobriety tests must also be conducted properly. If the police officer makes a mistake while conducting one of those tests, the results wouldn’t count.

Illegal Checkpoints

DUI checkpoints are commonly used so that police officers can stop drivers and ask questions to see whether anyone is driving while intoxicated. However, some officers make the mistake of setting up an illegal DUI checkpoint to stop people. Any roadblocks that are created have certain legal requirements the police department is obligated to follow. If the roadblock does not follow those criteria or has not been authorized, it’s considered a violation of drivers’ civil rights.

Stopping the Wrong Vehicle

Another common DUI mistake made by the police is when an officer makes a stop without identifying the vehicle that committed the violation. At any point when an officer makes a driver pull over, they are required to testify under oath that the person they stopped committed a specific traffic violation. Even if the police have the right suspect, if they cannot identify the vehicle, the case would be thrown out.

Detaining Someone Too Long

Police are not permitted to detain a driver for too long after stopping them. If the officer keeps the individual at the scene for an inordinate time while deliberately causing a delay or intimidating them, it’s a DUI mistake that can penalize the officer. Drivers are not to be detained for too long, even if suspected of driving under the influence, as it’s considered unreasonable.

Entering a Driver’s Private Residence Without Permission

Police cannot follow a driver to his or her home to make a DUI arrest. This is considered illegal, even if the person committed a traffic violation, as it violates his or her Fourth Amendment rights.

If you have been arrested after New Jersey police made a DUI mistake and need an experienced Morristown criminal defense lawyer, contact Gregg A. Wisotsky, Esq. at (973) 898-0161 or (908) 229-9714 after hours and on weekends.

Ways You Can Defend Yourself Against a DUI Charge

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Common Defenses Against DUI Charges

If you are charged with driving under the influence, a conviction can lead to the loss of your driving privileges and other significant penalties. With a good attorney by your side, however, you can successfully defend yourself against this accusation. The most common defenses involve challenging the evidence presented.

The Improper Stop Defense

It’s not unknown for the police to stop cars without the requisite reasonable suspicion that a crime has been or is in the process of being committed. An improper stop constitutes a violation of your Fourth Amendment rights. If you can show that the stop was inappropriate, all evidence gathered during the stop will become unusable. A Morristown criminal defense lawyer can determine if your rights were violated.

Challenging the Field Sobriety Test

You may have been subjected to an improperly administered or inaccurate field sobriety test. If this has happened, you can challenge the validity of your DUI arrest. Fairly frequently, defendants challenge the HGN test, the test where the officer shines a light in the eyes and observes eye movements. Believe it or not, field sobriety tests are based more on tradition than research. This makes it relatively easy to challenge these tests in court. A Morristown DUI lawyer can advise if this is the right defense for you.

Challenging the Breathalyzer Evidence

Your attorney may choose to challenge the results of your on-scene Breathalyzer test. It is not unknown for inexperienced officers to make mistakes while using a Breathalyzer. Vomiting can warp the results of any such test. Additionally, one may reasonably ask if the Breathalyzer received appropriate calibration and maintenance.

Challenging a Blood Test’s Chain of Custody

In this legal strategy, the DUI attorney questions the execution of a blood test and how the blood sample was handled. Police and testing personnel must follow strict procedures when processing these samples. Supposing these procedures were not followed, the blood sample reading may not stand up in court.

Claiming Blood Alcohol Concentration (BAC) Disparity

This is when the defense claims the defendant’s BAC was under the allowable legal limit while the defendant was driving but rose past the limit between the time of the stop and the time of the BAC test. This can happen because consumed alcohol takes time to become fully absorbed into one’s system.

Impropriety on the Part of Police

Even if you think you might have been a bit inebriated when you were pulled over, you shouldn’t give up hope on defeating the charge. Just because you were drinking, that doesn’t mean you were breaking the law. Furthermore, every defendant automatically enjoys a presumption of innocence. It is incumbent on the prosecution to proactively prove your guilt using evidence. If the evidence isn’t there, you are entitled to an acquittal. By hiring a Morristown criminal defense lawyer, you can ensure you are given access to this or any other valid legal defense.

Though less common, the affirmative DUI defense is not unknown. In this type of defense, you don’t directly challenge the evidence. Instead, you present mitigating factors that make the prosecution’s evidence irrelevant or inapplicable. Affirmative DUI defenses include:

  • The Necessity Defense. This is when the defendant was forced to drive to stop a greater evil from occurring. For example, the defendant may have been driving to save someone’s life or deliver an injured person to the emergency room.
  • The Entrapment Defense. There have been isolated cases in which officers have encouraged or pressured people to drive while intoxicated. Fortunately, the rise of cell phone cameras has shined a light on this behavior and other types of police misconduct.
  • The Mistake of Fact Defense. It may be possible for people to drive with the honest belief that they are not intoxicated. As an example, someone may be impaired due to an unforeseen interaction between prescription medications.

Fight the Charge

Having the assistance of an experienced New Jersey criminal defense attorney can vastly increase your chances of beating a drunk driving charge. To get the legal help you need in Morristown, contact Gregg Wisotsky today at (973) 898-0161.

Defending Against Domestic Violence Charges

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Dealing With Domestic Violence Charges

Domestic violence is a serious offense. Millions of lives are affected by these charges. While the violence damages families, an unjust accusation can also have substantial ramifications.

Domestic Violence in the United States

According to the National Coalition of Domestic Violence, over 1 million women have been victims of physical assault by an intimate partner per year. While this might seem like an issue affecting women, men can also be the victims of domestic abuse. At the other end of the crime, individuals are sometimes wrongly accused of committing domestic violence. For them, defending against these charges is essential to protecting their freedom and reputation. If you have been accused or charged with domestic violence, here are some things that you should know.

Understand Your Legal Rights

You need to understand your rights to ensure that you receive a fair trial. For a domestic violence case, you have the right to:

  • Call witnesses to testify
  • Present your own evidence
  • Cross-examine the prosecutor’s witnesses
  • Evaluate all of the evidence against you

A Morristown criminal defense lawyer with experience trying domestic violence cases could be an asset in determining how to proceed.

Secure the Evidence

Evidence is the cornerstone of any court case. Never rely on the accuser to supply you with evidence in your favor. It is a good idea to supply your own evidence that can help to show what really happened.

After the charges are made, it may help to identify witnesses and get an official statement from them. Make sure to secure any videos or pictures of the incident. Physical evidence can help disprove any charges. Don’t forget about those text messages. In many cases, texts can help back up your own claims.

Give Your Own Statement

Once the police arrive on the scene, they have to follow specific procedures, including taking down statements from all parties. In some instances, the police do not approach the accused for their own statement. It’s important to be sure that your side of the story is written down for the record. In a calm voice, explain how the incident took place. Remember that your statement could be a valuable piece of evidence in court, which is also true of the responding officer’s testimony, so it’s in your best interest to remain calm.

Hire an Experienced Domestic Violence Lawyer

While you have the right to represent yourself in court, that is rarely a good idea. Domestic violence cases are filled with emotions, so it may be a good idea to take a step back. A Morristown criminal defense lawyer understands the law and can help defend you against these serious accusations.

Discuss Your Case With a Lawyer

When you meet with the attorney, explain the entire incident. Allow them to plan for gathering evidence, finding witnesses to testify, and negotiating with the prosecutor. Your attorney is legally obligated to defend you to the best of their ability, so you can trust them to handle the proceedings.

Get a Bail Bond

If you have been arrested, you might need a bail bond to get out of jail. With that, you are released from custody. The amount will depend on whether you are a flight risk and the severity of the crime. Many people cannot afford to pay the bond. In that situation, an experienced bail bond company can help with the process. You pay a percentage of the bond, and the company will cover the rest of the amount. By paying the bond, you are guaranteeing that you will attend all of the court proceedings, or there could be a warrant out for your arrest.

Abide By All Court Orders

After paying bail, you will receive a set of instructions from the court that must be followed. The date for your first court appearance will be included in that paperwork. Make sure to attend the court dates, or you could face some serious legal troubles and potentially forfeit any bond money paid.

Be Punctual for Court Dates

You should always show up on time for court. If you have been charged with domestic violence, your appearance is critical. By being punctual and well-dressed, you show respect for the court and the legal process. In court, act calmly before, during, and after the hearing. Do not appear bored by the proceedings or get angry if things are said that you don’t agree with.

Understand Limits of Your Attorney

Unfortunately, there are limitations for your defense attorney. No lawyer can promise to win your case. While some cases are easier to prove, others have many variables that may not be in your favor.

With solid evidence on your side, you have a better chance to be acquitted of the charges. No matter how the case is going, your lawyer should give you the facts, and they should discuss possible outcomes and potential strategies with you.

Defenses to a Domestic Violence Charge

Evidence can help to prove your innocence. Along with that, you need a strong defense on your side. There are several defenses that your attorney may use in the courtroom. They may use evidence to show that someone else was responsible for the crime. This evidence can prove that the defendant was not near the crime scene or had an alibi.

While domestic violence accusations are serious, some people will make these allegations out of spite. Unfortunately, this happens in contentious child custody cases. A partner may also claim domestic violence as a way to manipulate a situation. A defense attorney may look for inconsistencies in the accuser’s story by comparing it to witness accounts, medical records, and police records.

In many domestic violence cases, the defendant acted to protect themselves or their children. A self-defense strategy can work if there is a reasonably perceived threat and if the defendant was not considered the initial aggressor.

While it is rare, some individuals voluntarily consent to participate in violent actions. That consent can function as a defense against a domestic violence accusation.

The prosecution has the burden of proof in a criminal trial. If it can’t be shown that the defendant is guilty beyond all reasonable doubt, then the prosecution hasn’t met that burden. The legal system protects both the victim and the wrongly accused. If there is no conclusive evidence pointing to guilt, the jury must acquit the defendant.

Find an Attorney for Your Case

With these tips, you can be ready to face your domestic violence case. Remember that these cases are very complicated, and an experienced attorney will be a valuable asset as you navigate this process.

Gregg A. Wisotsky is ready to help with your domestic violence charge. We can help you through all parts of the court proceedings and establish a defense for your case. If you have been recently arrested, schedule a consultation by calling the office at 973-898-0161. We have eight offices in New Jersey as well as in New York City for your convenience. You can also fill out our secure online contact form.

What Are Some Good Defenses for Theft Charges?

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What Defense Should You Use When Charged With Theft?

With over 670,000 thefts occurring each year, property crime is one of the most common types of crime. Despite being incredibly common, theft can actually be a little tricky to prosecute. There are several very effective defenses for a theft charge.

You Weren’t Able to Commit the Crime

Ideally, if you did not commit the crime, you would be able to present an alibi to the police and avoid charges in the first place. However, this doesn’t always happen in the real world. If you did not commit the crime, one of the first steps your Morristown criminal defense lawyer may take is looking for proof you couldn’t have committed the crime. Finding evidence that you were not in the right place at the right time can be tricky. Your lawyer may do things like ask your neighbors for any doorbell security footage or contact a toll company for a receipt. Being able to present clear proof you were not able to access the item at the time of the theft can be an excellent defense against theft charges in New Jersey.

Someone Else Committed the Crime

Another common defense for theft charges is to show that someone else could have taken the item. Pointing the finger at someone else isn’t necessarily about trying to do the police’s job for them or attempting to frame an innocent person. Instead, it is about bringing reasonable doubt to the charges. For example, if you and another person were both in the room when an expensive watch was stolen, it’s reasonable to bring up the fact that the other person could’ve done it. Anything that makes the jury realize there is no definitive proof you were the one to commit the crime can be very useful for your case.

You Took the Property Accidentally

To be convicted of theft, the prosecution must show that you purposefully took an item that wasn’t yours with the intent to deprive the rightful owner of the property. Therefore, a valid defense that your lawyer for theft charges may use is that the whole thing was an accident. A common way that someone could accidentally take another person’s property is if they were mixed up. For example, someone who grabbed the wrong coat when leaving a party wouldn’t be guilty of theft. Another way that you may accidentally take property is if you did not have the capacity to form the intent to steal. Those who are intoxicated or mentally impaired may have a defense against theft charges.

You Were Just Borrowing the Item

Another possible defense is the idea that you did not intend to deprive the victim because you were simply borrowing the object. This defense can be a little trickier to prove because it is all about your intentions. It usually works best in situations in which the defendant had reason to believe they could temporarily use the object and promptly brought it back as soon as possible. It may be harder to prove in cases in which the defendant took an object and had no reasonable way of returning the item to its rightful owner.

The Property Is Actually Yours

Legally speaking, you can only steal an item if you did not have the right to possess the item in the first place. It is rare for a person to be charged with theft when they own the property, but this can happen occasionally. The most typical scenario occurs when two people co-own a property or when a person bought an item in an informal sale. In these sorts of disputes, you don’t have to have enough proof of ownership to take the property from the other person. Instead, your defense will just need to show you had a reasonable belief you owned the property because this can prove your lack of intent to steal. An ownership defense can also work if you can show that the previous owner voluntarily abandoned the property. If this person gave up their rights to the property before you took possession of it, you may have a legal claim to the item, preventing you from being convicted of theft.

You Thought You Had Permission

Since you need intent to be convicted of theft, one defense is claiming that you thought you were allowed to take the item. For example, a friend could tell you it’s OK to take their belonging when the item actually belongs to someone else. Or you could get confused about which item a person was telling you that you could take. These sorts of misunderstandings usually get cleared up before official theft charges are filed. However, in cases in which one party is being stubborn, there is a chance a simple misunderstanding can lead to criminal charges. To use this defense, it’s helpful to have evidence, like text messages or a recorded conversation, that shows how you ended up thinking you had permission.

You Don’t Actually Have Possession of the Item

Most theft charges use the fact that you are in possession of the stolen item as proof that you stole the item. However, actually proving that the item you have is the one that’s missing can be somewhat tricky. Many types of property are fairly interchangeable. For example, if you walk out of the store with an apple in your pocket, is it possible to tell if the apple came from the store? Occasionally, people can use this uncertainty to defend against theft charges. This defense works best when the item in question is fairly commonplace, and there is evidence of you owning a similar item before the alleged theft. Your lawyer may be able to prove that you did not have the missing property, and there was no other evidence linking you to the crime.

Your Rights Were Violated During the Arrest or Investigation

In some cases, it’s possible to avoid a guilty verdict even if there is little doubt that you took the object intentionally. Just like any other criminal case, theft charges in New Jersey follow strict guidelines. If your lawyer suspects that your rights were violated, they can have any evidence obtained by the violation thrown out. One of the most common violations is a police officer searching you or your home without proper suspicion of a crime. Other reasons can include issues like a police officer not informing you of your right to remain silent or an officer not letting you know that you can consult with an attorney. If you believe that law enforcement lured you to steal the item, you may also be able to use entrapment as a defense.

Ultimately, the right defense can help you get a more positive outcome for your case. At the Law Office of Gregg Wisotsky, we work hard to make sure our clients get a quality defense. Our team can assist you with everything from gathering evidence to filing documents promptly. To learn more about our Morristown criminal defense lawyer services, schedule a free consultation. You can reach us by calling (973) 898-0161 or filling out our contact form.

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.

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.

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.

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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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