Category: Tips If You Are Accused of a Crime

30January

What is a ‘civil reservation’? Proposed changes in the process.

UPDATED MARCH 12, 2020 Article by Daniel A. Levy, Esq. At times, a person who has been injured in a car accident through no fault of their own is still issued a traffic ticket by the police. This happens for various reasons, and in such a case the person may hear the term “civil reservation”
  • car accident, civil reservation, fall down accidents, personal injury, ticket, traffic
  • Posted by admin  Posted on 30 Jan  0 Comments
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14November

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
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05September

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
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13August

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
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08August

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
  • criminal law
  • Posted by admin  Posted on 08 Aug  0 Comments
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06June

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
  • arrest, criminal law, miranda, police
  • Posted by admin  Posted on 06 Jun  0 Comments
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09May

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?”
  • cellphone, criminal law, warrant
  • Posted by admin  Posted on 09 May  0 Comments
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21March

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
  • criminal law, detention, warrant
  • Posted by admin  Posted on 21 Mar  0 Comments
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12March

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
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05March

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
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