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Criminal Defense Archives

Necessary elements for tampering with evidence charges

Tampering with evidence is a very specific charge that needs a number of elements to be in place before it can be pursued. To charge a person in New Jersey with evidence tampering, it is first necessary that the person intends to destroy the evidence. Neither abandoning a piece of evidence or throwing it away necessarily shows intent. If a person destroys evidence accidentally, the charge of tampering cannot be applied.

What happens when a driver refuses a breath test

When New Jersey drivers receive their driver's licenses, they agree to submit to a breath test just by using the roadways, which is due to the state's implied consent law. If drivers refuse to take a breath test, they could potentially be taken into police custody and be required to submit to a blood test at a hospital.

Presidential pardons highlight need for drug law reform

New Jersey residents who have been convicted and imprisoned for nonviolent federal drug crimes may have heard that President Barack Obama has been commuting the sentences of large numbers of prisoners. By the end of August 2016, the president had doled out some 673 commutations, which news sources report was greater than the number granted by the previous 10 presidents put together.

Alleged drunk driver hits 5 cars in parking lot while naked

A New Jersey man was arrested after allegedly smashing his car into five parked cars at a Wayne shopping mall on July 28. Responding officers found him sitting naked behind the wheel with an open beer can.

Defending against sexual assault charges in New Jersey

In a sexual assault case, there are multiple defenses that may be used to establish that no crime was committed. First, an individual may claim that he or she is fully innocent of the charge. This may be because he or she was somewhere else when the crime occurred or because DNA evidence proves that no sexual act occurred.

Advantages of a plea bargain for judges and prosecutors

The term "plea bargain" may be familiar to many New Jersey residents, but they may not know why it is an option that prosecutors and judges like. A plea bargain helps them fulfill the obligation of the legal system to process cases in an efficient manner. Both judges and prosecutors have busy trial calendars, and a plea bargain means that a case does not go to court. For both professionals, a plea bargain also allows them to deal with lesser criminal offense and keep both prisons and courtrooms open for more serious cases.

Establishing criminal liability

When a New Jersey criminal case is being heard, whether a defendant is held to be responsible could hinge on his or her mental state when the act was committed. To prove that a crime occurred, it must generally be shown that there was intent to commit a crime and that an action taken couldn't be seen as careless as opposed to criminal.

4 taken into custody after New Jersey crash

Authorities say that four people were taken into custody after a crash near Madison Avenue in New Milford that occurred on March 25. Police arrived on the scene at about 11:40 that night but found only a BMW that suffered front end damage and airbags that had deployed. However, authorities did find the driver of the car as well as three children who were passengers in the car huddled near another car in a nearby parking lot.

Disney actor Orlando Brown charged with several crimes

New Jersey residents may have heard that Orlando Brown, the child actor who played Eddie Thomas in Disney Channel's "That's So Raven," was recently arrested and charged with assault and drug counts. The incident happened Jan. 17 in Los Angeles.

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