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Criminal Attempt in New Jersey

Charged with Attempt in NJ?

Local Burlington NJ Criminal Attempt Charges LawyerMany people do not realize that they can be charged for a crime that they attempted to commit, even if they did not complete the crime successfully or the crime did not move forward much at all. This is because New Jersey law criminalizes an individual’s attempt at criminal activity. So, if you tried to steal a car, but could not get the car door open, or you were in the process of shoplifting, but you were caught by an employee in the act of trying to place an item in your bag, you may be found guilty of attempt to commit the underlying offense. Remember that even if you did not complete the crime, you may still be facing penalties that are just as serious as if you had successfully completed the crime. If you have been charged with attempt to commit a crime in New Jersey, contact the experienced criminal defense attorneys at The Law Offices of Leonard D. Biddison immediately to understand your legal options. We can help explain the charges, associated penalties, and potential defense strategies that our lawyers can use to defend you in court. Call our local office at 856-427-6888 or send us a message to arrange a free consultation.

What is Attempt under New Jersey Criminal Law?

Under N.J.S.A. 2C:5-1, you can be charged with attempt to commit a crime, if you purposely take action that could constitute a crime if the circumstances were as a reasonable person would believe them to be, purposely take action or omit to take action to cause a particular result that is an element of the crime, or purposely take action or omit to take action that would constitute a substantial step in a plan to commit the crime, if the circumstances were as a reasonable person would believe them to be.

What are the Penalties for Attempting to Commit a Crime in NJ?

Some people believe a charge for attempting to commit a crime is less serious than a charge for committing the underlying crime outright. However, if you are convicted of attempting a particular crime in New Jersey, the potential penalties you face are exactly the same as if you had committed the same crime successfully. For example, if you shoplift goods valued between $200 and $500, you may be convicted of a fourth degree offense, carrying penalties of up to 18 months in jail and fines of up to $10,000. If you attempt to shoplift the same goods, but fail to complete the crime, you can be convicted of attempt to shoplift and be sentenced to the same penalties of 18 months in jail and $10,000 in fines, as if you had successfully shoplifted the goods. This is also true in cases involving simple assault, burglary, robbery, theft, or any other criminal offense for that matter.

Defenses to NJ Attempt Charges

There are several potential defenses that your criminal defense attorney be able to argue for a charge of attempt, depending on the facts of your case. First, they might be able to argue that you simply did not take the alleged actions that you are accused of that give rise to the attempt charge. They might also argue that they have the wrong person, meaning someone else, is responsible for the conduct you are charged with.

Another defense that may be available to you, which is specific to an attempt charge, is renunciation of criminal purpose. This is an affirmative defense to an attempt charge that you abandoned your effort to commit the crime or prevented the commission of the crime in a way that demonstrates a complete and voluntary renunciation of your criminal purpose. Your lawyer must prove that you renounced your criminal purpose by a preponderance of the evidence.

Need a Criminal Lawyer for Attempt Charges in New Jersey

If you or a loved one have been charged with attempt to commit a crime in New Jersey, it is very important that you hire an experienced criminal defense lawyer to defend you against these charges. Defense arguments to attempt charges require a deep understanding of the law and are very fact intensive. The criminal attorneys at our firm are available to review your case and develop the best defense strategy for your criminal charges. Contact us today at 856-427-6888 to speak with a lawyer who can help. With offices in Collingswood, we defend clients in Burlington County, Camden County, Gloucester County, and courts throughout Southern New Jersey.

Central Judicial Processing CJP in Burlington County NJ

Burlington County Central Judicial Processing Information

Need a Criminal Defense Lawyer for Central Judicial Processing in Burlington County NJIn New Jersey, the initial steps in a criminal case are streamlined in a system known as central judicial processing (CJP). This system was put in place to shorten the amount of time between when an individual is arrested and when they first see a judge, as well as to consolidate the initial phases of legal process in a criminal case. By understanding how CJP court works, you can know what to expect if you are arrested and charged with an indictable crime in Burlington County, NJ. If you or someone you love has an upcoming court appearance for Central Judicial Processing (CJP) in Burlington County for charges such as aggravated assault, unlawful possession of a weapon, intent to distribute marijuana, heroin, or cocaine, terroristic threats, or another felony offense, contact The Law Offices of Leonard D. Biddison today at 856-427-6888 for immediate assistance. One of our experienced New Jersey criminal defense lawyers will answer all of your questions and explain how we can help.

What happens when you’re arrested in Burlington County, NJ?

Right after you are arrested in Burlington County, NJ, you will taken to the local police department for intake and processing. After the police charge you, take your photo, fingerprint you, and record any other information they need, you may be released on your own recognizance and ordered to appear for your first appearance before a judge at the time stated on your complaint, or you may be held in police custody. If you are held in custody, you will be brought to Burlington County Jail, located at 54 Grant Street in Mt. Holly, NJ 08060. In that case, you will be scheduled to see a judge for the first time the following day or on Monday morning, if you were arrested over the weekend.

What will happen during Central Judicial Processing?

If you are in custody at Burlington County Jail, you will appear before a judge using video conference equipment. Individuals who are released on their own recognizance in New Jersey must go to the court listed on their complaint for their first appearance. In the case of Central Judicial Processing for an indictable offense (also known as a felony), you will be required to appear in Burlington County Superior Court, located at 49 Rancocas Road in Mt. Holly, NJ 08060.

At your CJP court appearance, which occurs before a judge, you will be told the charges against you. You are entitled to have a lawyer present with you at this hearing and it is very important to hire an experienced criminal defense lawyer from the very beginning of your case. Central Judicial Processing is your lawyer’s first opportunity to speak to the prosecutor and try to get the charges against you downgraded or dismissed. During CJP, the prosecutor can also request that you be detained pending the resolution of your case. This often occurs in domestic violence cases and other cases involving violent crimes.

If the prosecutor files a motion for detention in your case, you will be scheduled for a detention hearing (also known as a bail hearing). This may take place on the same day as your first appearance or a few days later. New Jersey does not use a monetary bail system any longer, so you will not be required to post bail in order to get out of jail while you wait for your court date. Instead, a risk assessment system is used and the judge will be required to release you from custody while you wait for your trial unless the judge determines that no condition or set of conditions could reasonably assure that you will not be a threat to someone else’s safety, fail to appear in court as scheduled, or obstruct the criminal justice system.

Mount Holly Criminal CJP Court Lawyers

If you have been arrested and charged with an indictable offense in Burlington, County, New Jersey, it is important to take this process very seriously. Felony charges in New Jersey carry significant terms of imprisonment and the potential for heavy fines, among other severe consequences. A criminal history can also make it difficult to obtain employment and have many adverse effects on your life for years into the future. The criminal defense lawyers at our firm have a depth of knowledge in New Jersey criminal law and routinely obtain successful results for our clients in Burlington County. If you are facing criminal charges and need to appear for Central Judicial Processing in court in Mount Holly, call us immediately at 856-427-6888 for a free consultation.

FAQs About Expungements in New Jersey

Want to Expunge my Criminal Record Burlington NJIf you have a conviction, previous arrest, or charge on your criminal record, you are likely eager to erase it, if possible, so you can truly move on with your life. Having a criminal history can make it difficult to obtain employment and take advantage of certain educational opportunities, like scholarships, where a criminal background check is a requirement. Fortunately, there is a way to erase a record of a conviction or arrest in New Jersey: seeking an expungement.

New Jersey law provides certain requirements for wait times before an individual is eligible to seek an expungement and places limits on the number of expungements an individual can get. On October 1, 2018, NJ laws on expungements changed to increase the number of expungements a person can have and reduce wait times for applying for an expungement. Below are some of our clients most frequently asked questions about expungements in New Jersey. If you have questions about your eligibility for an expungement or want to know more about the expungement process, contact the Law Offices of Leonard D. Biddison to speak with an attorney who can help. Call 856-427-6888 or send us a message to get a free consultation.

How do I get a felony expunged in New Jersey?

To seek an expungement for a felony conviction, or an indictable offense as it is referred to in New Jersey, you must first determine whether the conviction was for an offense that is eligible for expungement. There are several indictable offenses in New Jersey that cannot be expunged including criminal homicide, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, certain forms of endangering the welfare of a child, kidnapping, luring or enticing, human trafficking, arson, robbery, terrorism, perjury, and certain drug offenses.

If you have ever had a felony expunged in the past, you cannot seek an expungement for another felony conviction. Keep in mind that this only applies to felony convictions that were previously expunged, so if you had a previous felony charge that was dismissed, you can still apply for an expungement for a previous or subsequent felony conviction. As of October 1, 2018, past participation in Pre-Trial Intervention (PTI), through which a previous felony charge was dismissed, is no longer a bar for applying for expungement of a prior or subsequent conviction.

The wait time for applying for expungement of a felony conviction was reduced by New Jersey’s new expungement law from 10 years down to 6 years from the date of conviction, completion of probation or parole, release from jail, or payment of fine—whichever occurs later. This means you can potentially erase a past mistake and move on with your life sooner.

How do I expunge a disorderly persons offense?

The process for applying for an expungement for a conviction of a disorderly persons offense is the same as that for seeking an expungement for a felony conviction, however, wait times and other requirements are different. To expunge a conviction for a disorderly persons offense you must wait 5 years from the date of conviction, completion of probation or parole, release from jail, or payment of fine—whichever occurs later.

You may only apply to expunge a disorderly person conviction if you have no more than 4 disorderly persons offenses, you were convicted of multiple disorderly persons offenses that were all entered on the same day and have no other prior or subsequent convictions, or you were convicted of multiple disorderly persons offenses that were part of a crime spree, where the offenses were interdependent or closely related and were part of a sequence of events that occurred within a short period of time.

Examples of common disorderly persons offenses that are expunged in New Jersey include possession of less than 50 grams of marijuana, drug paraphernalia, harassment, criminal mischief, trespassing, shoplifting, and disorderly conduct.

Can I get an arrest expunged in NJ?

Yes. In New Jersey, if you were arrested for a criminal offense and the charges against you were dismissed outright, you can apply for expungement of the record of your arrest immediately.

Can I get a DWI arrest or conviction expunged?

No. DWI is a non-criminal offense in New Jersey. Only criminal arrests and convictions can be expunged, so non-criminal offenses like DWI arrests and convictions cannot be expunged from your record.

What is the process for a New Jersey expungement?

To apply for an expungement, you must obtain records of the arrest or conviction that you wish to have expunged. You must properly create a Petition for Expungement and have three copies notarized. Lastly, you must prepare a proposed expungement order and submit the proposed order, 3 notarized copies of your Petition for Expungement, and your conviction or arrest records to the superior court in the county where you were convicted or arrested. You must then provide proof of service to a variety of parties, including New Jersey State Police, the police department in the location of your arrest, the local municipal court, and the Prosecutor’s Office. There are a number of steps in the months that follow your initial petition being submitted and failing to complete the expungement process correctly may result in your petition being denied. This is why it is so important to have an experienced expungement attorney thoroughly executing the expungement process on your behalf.

Do I need a lawyer to get an expungement in NJ?

Navigating what conviction or arrest records can be expunged and how long you must wait to expunge them, as well as preparing the required documents to apply for an expungement like a Petition for Expungement and a proposed expungement order and serving them on the required parties are not simple tasks. An expungement lawyer in New Jersey can help make sure you have the best chance of getting your expungement approved. If you would like to seek an expungement for a previous conviction or arrest record, contact our firm today at 856-427-6888 and we will help you to determine if you are eligible for an expungement and assist you through the process. With several convenient offices, we serve clients in all of South Jersey, including in Burlington County, Camden County, Gloucester County, and Atlantic County.

Criminal Charges for Theft in Moorestown NJ

Charged with Theft in Moorestown, NJ

Moorestown NJ Theft LawyersAs the holiday season approaches, theft crimes are likely to be on the rise. Theft of any kind in New Jersey exposes you to harsh consequences. Here’s what you need to know about theft charges in Moorestown and the specific nuances of charges for stealing in New Jersey. For more information and to speak with an attorney about your theft charges, contact The Law Offices of Leonard D. Biddison at 856-427-6888.

What happens if I’m convicted of theft?

If you are convicted of theft under New Jersey state law and federal law, you are facing the potential of significant jail time and very high fines. The penalties for theft under New Jersey law depend on what level of offense you are convicted of.

If you steal anything in New Jersey, you will likely be charged with theft. The degree of the offense depends on the value of the stolen items. Stealing something worth less than $200 is a disorderly persons offense, carrying up to 6 months of imprisonment and fines of up to $1,000. A stolen article that is valued to be at least $200, but no more than $500, may constitute a fourth degree indictable offense, which carries up to 18 months in prison and a fine of up to $10,000. Stealing anything between $500 and $75,000 is a third degree crime, exposing you to 3 to 5 years in prison and a fine of up to $15,000. If the property taken is valued at $75,000 or more, you may be charged and convicted of a second degree offense and sentenced to five to ten years in prison and fines up to $150,000

A Case of Mail Theft in Moorestown NJ

In a recent case, police in Moorestown, New Jersey, have asked the public to provide any information they may have about a reoccurring incident of mail, particularly envelopes containing checks and cash, being stolen from U.S. Postal Service mailboxes. Stealing mail constitutes both a state-level offense, as well as a federal crime. You have probably heard the term “double jeopardy” and know it refers to your right not to be tried for the same crime twice. However, you may be surprised to learn that the Constitutional protection against double jeopardy does not include protecting a person from being tried for state-level offenses and federal offenses arising from the same actions. So, if you commit an offense like mail theft, you can actually be prosecuted and sentenced twice for the same actions under state and federal law. In New Jersey, a single act of mail fraud could lead to charges under NJ 2C:20-3, as well as U.S. Code Section 1708.

How is stealing mail different than stealing anything else?

Mail theft is not a separate offense under New Jersey law. While theft, or the unlawful taking of another’s property, is illegal in New Jersey regardless of whether the item is mail, federal law specifically criminalizes the theft of mail under U.S. Code Section 1708. Although many crimes are handled by state courts, the U.S. federal government is able to extend its jurisdiction to the offense of mail theft because the U.S. Postal Service is a federal agency. Under federal law, it is not only illegal to steal mail that does not belong to you, but receipt of stolen mail is also illegal if you keep mail that you know is not your own. Under federal law, you may be sentenced up to 5 years in prison and ordered to pay fines of up to $250,000.

Theft Lawyers in Moorestown, NJ

As you can see, the potential consequences for theft in New Jersey are severe. If you have been charged with theft in Moorestown or surrounding areas, reach out to our experienced criminal defense lawyers now at 856-427-6888 to review your case. Leonard D. Biddison and our legal team are dedicated to defending you against theft charges wherever they arise in Burlington County.

Expungement of a Domestic Violence Offense vs. Vacating a Restraining Order in New Jersey

Erase Domestic Violence Record in NJConflict with a loved one or a person you thought you loved can be extremely stressful. If there is a record of an arrest or conviction for a domestic violence offense in your criminal history or a permanent restraining order against you that resulted from a domestic dispute in New Jersey, you are probably eager to clear your name and put the past behind you.

Erasing a domestic violence offense from your record and ending a restraining order require two different legal approaches. The arrest or conviction for a domestic violence offense like stalking, criminal trespass, simple assault, or harassment may be eligible for expungement from your record. On the other hand, a final restraining order (FRO) must be vacated by the court.

How to Expunge a Domestic Violence Arrest

Typically, there is a waiting period before you are eligible to apply for an expungement. However, if you were arrested for a domestic violence offense, but the charges against you were dismissed, you may apply for expungement immediately. This is true regardless of the degree of the offense.

The ability to expunge an arrest record is important because some employment and professional licensing applications will run a criminal background check on you and an arrest for assault, sexual assault, lewdness, stalking, or any other domestic violence offense will likely reflect poorly.

To file for an expungement, you will need to obtain court records about your case and submit a Petition for Expungement to the Superior Court in the county where you were arrested, along with all other necessary documents. An experienced criminal defense lawyer can help you to navigate this process, which can be complex.

How to Expunge a Domestic Violence Conviction

If you have been convicted of a domestic violence offense, the first and most important thing that you need to know if that there are certain crimes that are classified as domestic violence offenses which cannot be expunged. These offenses include kidnapping, aggravated sexual assault, and aggravated criminal sexual contact.

If you were convicted of a domestic violence offense that is subject to expungement, the wait time to petition for expungement depends on whether you were convicted of a disorderly person offense or an indictable offense.

Simple assault, lewdness, criminal trespass, or harassment are disorderly persons offenses and require a 5 year wait period until you are eligible to petition for expungement of the conviction record. Beginning on October 1, 2018, if you are convicted of an indictable domestic violence offense like stalking or burglary, you must wait 6 years until you are eligible to petition for expungement. A new expungement law in New Jersey reduced the wait time for expungement of indictable offenses from 10 years to 6 years.

Vacating a Restraining Order: How to Remove an FRO in NJ

In New Jersey, a final restraining order (FRO) is permanent and can only be vacated by a court. In order to get an FRO vacated, you must make a motion to the court showing good cause. You will be scheduled for a hearing, known as a Carfagno hearing, where the court will consider the following factors: if the victim consents to lifting the FRO, if the victim fears the defendant, the relationship between the victim and defendant, defendant’s prior convictions for contempt for violating the FRO, defendant’s drug or alcohol abuse, defendant’s history of other violent acts, defendant’s age and health, whether defendant is in counseling, if victim is opposing defendant’s motion in good faith, whether there are restraining orders against defendant in other jurisdictions to protect the victim, and other relevant factors.

After a hearing, the court may decide to vacate the FRO, if they determine there is good cause to do so. The order will not completely remove all record of the restraining order. Your name will still be listed on the National Domestic Violence Registry, but the order itself will be lifted. This means you will no longer be subject to criminal charges for violation of a restraining order if you go near the other party or interact with them in any way.

Need to Erase Domestic Violence Restraining Order Records in New Jersey

Navigating the requirements of expunging a domestic violence arrest or conviction in New Jersey, and vacating a final restraining order can be complicated processes that require legal knowledge and experience to execute effectively. Criminal defense lawyer Leonard D. Biddison is available immediately to review your case and help you to finally move on with your life. Call 856-427-6888 or fill out our online form for a free consultation.

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If you or someone you love has been charged with a criminal or DUI offense in New Jersey or Pennsylvania, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact our offices in New Jersey at (856) 427-6888, Philadelphia at (215) 235-5240, or Delaware County at (610) 853-9494.


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