Blog: Criminal Law

A new expungement reform law (P.L. 2019, c.269), signed into law on December 18, 2019, takes effect today. Perhaps most importantly, the new law extends eligibility to many who previously were not eligible. Previously, an expungement applicant generally would be ineligible if convicted of distribution and possession with intent to distribute involving marijuana where the quantity was over 25 grams, or involving hashish where the quantity was over 5 grams; or for distributing or possession...

The state of New Jersey has been one of the strictest in terms of its stay at home orders during the global pandemic. Individuals who do not follow these orders will risk criminal charges, ranging from a warning to required jail time. Understanding New Jersey’s Stay-At-Home Rules New Jersey officers all over the state have been instructed to regulate the state’s stay-at-home orders. Some cities, like Newark, even have their own police task force to...

Any person in County Jail as a result of a condition of probation for an indictable offense or because of a municipal court conviction will be released no later than Tuesday, March 24, 2020 at 6:00pm. For those serving a sentence of 364 days or less as a condition of their probation they shall have to serve the remainder of their sentence at the end of probation of seek to have the court changed the...

When an individual who is considered a juvenile commits a crime, they still will face legal consequences, but those consequences tend to be not as severe as if they were an adult. The state of New Jersey has laws and regulations regarding how and when a minor can be arrested and detained. These laws will also affect how their charges are handled in court. Learn more about juvenile crimes below and what you should do...

What Happens if You’re Caught Shoplifting? If a store owner suspects someone of shoplifting, the owner may decide to detain that person until law enforcement (or if the person is a minor, his or her parent or guardian) arrives. Shop owners are often justified in detaining suspected shoplifters, especially if the shop owner has proof of the offense, like surveillance video or finding hidden merchandise on the individual. What Is Shoplifting? Shoplifting is a form...

What is Shoplifting? Stealing from stores is a crime so old that the term shoplifting was coined way back in the 17th century. Since then, there have been a variety of laws across all nations and cultures to punish those who take things that they do not want to pay for. In modern America, there are multiple angles to consider when it comes to shoplifting punishments and how to discourage would-be thieves from taking things...

Weapons Offense Overview When a criminal offender commits a crime and a weapon is involved in the commission of the crime, the offender may be subjected to additional or enhanced penalties if he or she is convicted for the crime. Public policy calls for enhanced penalties when crimes involve weapons because of the increased risk of serious injury or death that the presence of weapons pose. Types of Weapons Charges There are multiple examples...

Katherine D. Hartman will be addressing the New Jersey Association of Justice at their annual Boardwalk Seminar in Atlantic City on May 10, 2018. The topic is Ethics and Professionalism for Criminal Attorneys. The seminar begins at 3:00 pm and will be held at Harrah’s Resort and Casino...

Criminal justice reform has taken place in New Jersey. Starting January 1, 2017, there will be a completely new system concerning arrests, bail, pre-trial detention, and time limitations concerning speedy trials. Here are some of the highlights concerning the new system: Release Without Posting a Money Bail If you are charged on a Summons, there will no longer be a money bail set. You will be released after your arrest and processing without the need...

This week, the United States Sentencing Commission cut federal prison terms for drug offenses. The reform, adopted on July 18, 2014, retroactively decreases the drug table set forth in the United States sentencing guidelines by two offense levels across all drug types. Effective November 1, 2014, some 50,000 people who are currently incarcerated in the federal prison system for drug offenses could be eligible for a reduction of their sentence by an average of nearly...