- 14November
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What is a DRE and how will it affect my DWI case?
UPDATED: NOVEMBER 14, 2019 Article by Daniel A. Levy, Esq. According to N.J.S.A. 39:4-50, a person is guilty of Driving While Intoxicated (DWI) if they operate a vehicle while under the influence of intoxicating liquor, narcotics, hallucinogenic or habit-producing drugs. It is also a disorderly persons offense to by in public while under the influence- Posted by Daniel Levy Posted on 14 Nov 0 Comments Read More
- 05September
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Civil Forfeiture in New Jersey
<UPDATED SEPTEMBER 5, 2019 Article by Daniel A. Levy, Esq. Civil forfeiture actions in New Jersey are some of the most misunderstood cases that clients ask me about. Basically, the state of New Jersey can bring a civil action against your property, alleging that the property was involved in a crime. It’s bizarre, because the- Posted by admin Posted on 05 Sep 0 Comments Read More
- 13August
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Is it legal to film the police?
Photo courtesy of Gerry Lauzon UPDATED AUGUST 13, 2019 Article by Daniel A. Levy, Esq. Related: Criminal Law, Can police detain me if they have a search warrant?, What to do if you are pulled over. Throughout the protests in Ferguson, Missouri, many people have asked whether it is legal to film the police. Indeed,- Posted by admin Posted on 13 Aug 0 Comments Read More
- 08August
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Criminal defendants have no right to choose their public defender
UPDATED AUGUST 8, 2019 Article by Daniel A. Levy, Esq. In New Jersey, if a criminal defendant is indigent and cannot afford a lawyer, the court will appoint a public defender. But what happens if you don’t like your public defender? Do you have the right to switch public defenders or choose a new public- Posted by admin Posted on 08 Aug 0 Comments Read More
- 06June
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What happens if the police don’t read me my rights?
UPDATED JUNE 6, 2019 Article by Daniel A. Levy, Esq. Related: Criminal Law, What happens on the first court date if arrested in New Jersey?, Understanding the fee for criminal defense cases As part of my New Jersey criminal defense practice, the most common question that I hear from clients is, “what happens if- Posted by admin Posted on 06 Jun 0 Comments Read More
- 09May
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Police cannot track cell phones without a warrant, Supreme Court rules
UPDATED MAY 9, 2019 Related: Can police track my cellphone without a warrant?, Criminal Law, No Warrant Required for Facebook Postings, Understanding the Fee for a NJ Criminal Defense Attorney. Article by Daniel A. Levy, Esq. As a New Jersey criminal defense attorney, I am sometimes asked, “can police track my cellphone without a warrant?”- Posted by admin Posted on 09 May 0 Comments Read More
- 21March
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Can police detain me if they have a search warrant?
UPDATED MARCH 21, 2019 What happens if police show up to your New Jersey home with a search warrant? Can they detain you? Are you free to leave? What if you don’t even live there? In our criminal defense practice, especially our Passaic County, Essex County, and Hudson County cases, we hear questions like these- Posted by admin Posted on 21 Mar 0 Comments Read More
- 12March
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If you are offered probation, can you go to jail?
UPDATED MARCH 12, 2019 As a New Jersey criminal attorney, I am asked if a guilty plea and probation will result in jail time. In New Jersey, if you accept a plea in exchange for probation, you can still go to jail in certain situations. First, it depends on the terms of the probation. In- Posted by admin Posted on 12 Mar 0 Comments Read More
- 05March
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Understanding that domestic violence plea results in loss of firearm permits
UPDATED MARCH 5, 2019 As a New Jersey criminal defense lawyer, I am frequently asked by clients how a guilty plea will affect them. In fact, criminal defense attorneys are prohibited from providing misleading material information that results in an uninformed plea. This may be considered ineffective assistance of counsel. Several weeks ago, the Appellate- Posted by admin Posted on 05 Mar 0 Comments Read More
- 27February
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Transporting Firearms in New Jersey – getting searched, and getting caught
Updated Feb. 27 2019 Article by Daniel A. Levy, Esq. Gun crimes and issues regarding carrying firearms and possessing weapons have been heavily covered by news sources lately. And our clients in New Jersey may have lots of questions about transporting guns in their cars and whether police may search a car for guns. Recently,- Posted by admin Posted on 27 Feb 0 Comments Read More