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Restraining Orders Based on Harassment in New Jersey

Accused of Harassment in Burlington County, NJ?

Facing TRO Harassment Burlington County best lawyers near meIn New Jersey, a person can file for a restraining order against you if you have allegedly committed an act of domestic violence against them. The New Jersey Prevention of Domestic Violence Act set forth offenses that constitute acts of domestic violence, including harassment. Among domestic violence offenses, harassment is the most common accusation. In Burlington County alone, there were 2,348 document domestic violence cases involving harassment in 2016. The frequency of harassment charges and restraining orders based on harassment belies the seriousness of these offenses. If a restraining order has been filed against you in Burlington County on the basis of alleged harassment, it is crucial that you hire an experienced lawyer to defend you against the underlying allegations before the restraining order becomes final. This article provides some critical information that you’ll need if you have been accused of harassment. To get your specific questions addressed, call our Burlington County harassment defense lawyers at The Law Offices of Leonard D. Biddison now at 856-427-6888.

When is harassment grounds for a restraining order in New Jersey?

In order for harassment to constitute an act of domestic violence and thus, be grounds for a restraining order, there must be a victim of domestic violence—a person above the age of 18 who qualifies as a victim under the New Jersey Domestic Violence Act. Harassment of a victim occurs when the abuser intends to harass the victim with offensive and coarse language, communicates at extremely unreasonable hours, or in any way that would likely cause a reasonable person alarm and annoyance.

Harassment can also constitute an act of domestic violence if the abuser purposely tries to harass, hit, kick, or shove the victim, or intends to harass the victim by engaging in alarming conduct. New Jersey courts have ruled that purpose to harass can be inferred from the evidence in a particular case.

How do you get a New Jersey restraining order?

The purpose of a restraining order is to stop a person from having verbal or physical contact with a victim. To obtain a restraining order in New Jersey, a person must prove to the court that the individual against whom they are seeking the order committed one or more of the nine acts defined as acts of domestic violence in the New Jersey Domestic Violence Act and the order is necessary for their protection.

The first step to obtain a restraining order is to file for a temporary restraining order (TRO). TROs are issued by the superior court where the victim resides, the offender resides, the act of domestic violence took place, or where the victim is temporarily staying. These can be issued on an emergency basis by contacting the local police department, which will coordinate efforts with the court.

If a TRO is issued, there will be a hearing at a later date for a final restraining order (FRO). This is a permanent restraining order. At the hearing, the judge will listen to both sides, determine if the individual seeking protection qualifies as a victim of domestic violence and whether the order should be issued.

How can I get a restraining order removed in Burlington, NJ?

If a final restraining order is issued against you, it is typically permanent. In order to remove the restraining order, you must file to vacate the order based on a showing of good cause. Even if the court does vacate the restraining order, your name will remain on the National Domestic Violence Registry.

At the hearing to vacate the restraining order, the court will consider statements from the victim, whether they consent to vacating the restraining order, treatment and counseling received by the defendant, the current relationship of the victim and defendant, history of violence, and any contempt convictions of the defendant. You can read more about the process to lift a restraining order in NJ on our Vacating a Restraining Order page.

Facing a Harassment Restraining Order in Burlington, New Jersey

Being that final restraining orders are usually permanent and you will not be able to remove your name from the domestic violence registry, it is important to seek a skillful attorney right away once a TRO is issued or, ideally, before a TRO is even filed. This will give you the best opportunity to defend your position. If you are facing a restraining order and/or criminal charges for harassment in Burlington County, do not go through this process alone. Contact our local harassment defense attorneys today for a free consultation about your case. Court comes quickly, so time is limited to develop your best defense.

Endangering the Welfare of a Child Charges for DUI in New Jersey

Facing Charges for DWI with a Minor Passenger in NJ

Charged with dui child endangering Mt Laurel NJ lawyers near meThe offense of driving under the influence in New Jersey can be punished severely, especially for subsequent offenses. When an individual decides to drive while intoxicated (DWI) or drive under influence of drugs (DUI) with a minor passenger in the vehicle, New Jersey law enforcement, prosecutors, and the criminal justice system take the offense even more seriously. Adult passengers typically have a choice and ability to exercise their own judgment when they decide to drive in a vehicle with someone who is under the influence of drugs or alcohol, but a child does not usually have that choice or the ability to understand the dangers of the situation. Accordingly, New Jersey law considers driving under the influence with a child a disorderly persons offense at the very least, but it may also give rise to a charge for third or second degree endangering the welfare of a child.

New Jersey DWI Charges with Children

You can be charged with an indictable crime for endangering the welfare of a child if you drive while intoxicated with a minor child in the vehicle. The prosecution must prove that you were in control of the vehicle, there was a child under the age of 18 riding as a passenger in the vehicle, and you were legally responsible for that child. Whether the offense will be charged as a second degree or third degree offense depends on the circumstances of your case.

What are the penalties for DUI with a Minor Passenger in NJ?

The penalties for third degree endangering the welfare of a child, an indictable offense, may include up to 3 to 5 years in state prison, with a presumption against incarceration, and up to $15,000 in fines. If you are convicted of second degree endangering the welfare of a child, you could be sentenced to 5 to 10 years in prison, with a presumption of incarceration, and fines of up to $150,000. The distinction between second and third degree child endangerment is very important, as a third degree crime may result in no jail time, while a second degree crime entails mandatory imprisonment. In other words, if you are convicted of second degree endangering a child involving a DWI, you will be sentenced to jail even if you have no prior record and have never been arrested before.

Arrested for DWI with a Child, Where will my Case be Heard?

Typically, DWI charges are handled in the local municipal court in the municipality where you were arrested. However, because endangering the welfare of a child is an indictable offense, your case will be heard in the superior court in the county where you were arrested and charged. Although DUI is technically a traffic offense and usually heard in municipal court, your DWI and endangering a minor charges will likely be heard together in superior court.

Need a Lawyer for DWI with a Child Charges in Mount Laurel, NJ

The most effective way to handle a charge of endangering the welfare of a child, based on driving while intoxication with that child in the vehicle, is to focus on defending against the underlying DWI charge. Due to the complexity of these cases, it is best to have your case defended by an experienced DUI lawyer who has successfully handled cases like yours on numerous occasions previously. Leonard D. Biddison and the DWI attorneys at our firm are skilled at challenging the admissibility of evidence against you, due to issues with the validity of test results or instances where your constitutional rights were violated. We have been defending clients arrested for DUI with children in New Jersey for years and know what it takes to win in these cases. Call us today at for 856.427.6888 for a free consultation. We would be happy to review your case and discuss what defenses may be available to you. If you need help fighting DWI and child endangerment in Burlington County or elsewhere in South Jersey, we regularly appear in courts in Evesham Township, Cinnaminson, Mount Holly, Bordentown, Burlington City, Delran, Pemberton, and surrounding areas.

Immigration Consequences of Criminal Charges Against Non-Citizens in NJ

What Happens if I’m Charged with a Crime in NJ and Not a Citizen?

Worried about being deported for criminal charge in NJ help near meIf you are charged with a crime in New Jersey and you are not a U.S. citizen, the potential immigration consequences of a conviction can be severe. The specific repercussions of the charge on your immigration status depend on what type of criminal offense you are convicted of and what your immigration status is. An explanation of the possible outcomes in your criminal case if you are undocumented, a visa holder, or a permanent resident, is provided below for your reference. If you are a non-U.S. citizen who has been charged with a crime in New Jersey, the first and most important step to take is to hire an experienced criminal defense lawyer. Depending on your immigration status, if you can avoid a conviction, you can avoid deportation and other negative outcomes. Attorney Leonard D. Biddison and the lawyers at our firm have handled many criminal cases involving potential immigration consequences in Burlington County, Camden County, Gloucester County, and throughout New Jersey. Contact us today at (856) 427-6888 for a free consultation and get answers regarding your unique situation.

I am undocumented and was arrested for a minor criminal offense. Can I be deported?

If you do not have any legal immigration status in the U.S., either because you entered without inspection or you overstayed on a visa, you are removable or deportable if you commit a minor crime, known in New Jersey as a disorderly persons offense, or even if you do not commit any crime at all. Once you are convicted or even if the criminal charges against you are dismissed, you can be referred to immigration enforcement officials.

Depending on what offense you committed, you may be detained by Immigration and Customs Enforcement while you wait for your hearing before an immigration judge or you may be released and issued a Notice to Appear at immigration court at a later date. If you fail to appear for your court date, you can be issued a removal order in absentia, which means the judge as issued an order for you to be deported, even though you were absent from the hearing and unable to defend yourself.

By attending your hearing, you can apply for some form of relief, like asylum, that may allow you to stay in the U.S. Note that asylum is only available to individuals who have been persecuted in their country based on a protected ground. The requirements to qualify for asylum are very specific and committed certain crimes could be a bar to receiving asylum. You should consult an immigration attorney about your eligibility.

I have a visa and was charged with crime. Will I lose my status?

When you are issued a visa to study, work, or travel in the U.S., your non-immigrant visa is contingent on you following the law. If you commit a crime that constitutes a ground for removability, you can be deported. These offenses include crimes of moral turpitude (CIMT)—a crime that shocks the public conscience, drug crimes, gun offenses, domestic violence, theft, failure to register as a sex offender, espionage, treason, and aggravated felonies. Whether you will actually be deported depends on the discretion of ICE attorneys to pursue your removal in immigration court and the decision of the immigration judge. The best way to avoid having your visa revoked is to hire an experienced criminal defense lawyer who can get your charges downgraded or dismissed.

I am a green card holder facing criminal charges. Could I be facing deportation?

Unfortunately, even if you made the U.S. your home years ago and are a valid green card holder, if you are not a U.S. citizen, you can be deported from the U.S., if you are convicted of a crime that constitutes a ground for removal. However, as a green card holder, you may be eligible for certain applications for relief like Cancellation of Removal for Certain Permanent Residents. To be eligible for cancellation of removal, you must demonstrate to the immigration judge that you have been continuously present in the U.S. for 10 years or more, you are a person of good moral character, you have not been convicted of certain crimes listed under the Immigration and Nationality Act, your removal would cause exceptional and extreme hardship to your U.S. citizen spouse, parent, or child, and you deserve the judge’s favorable discretion. The first step when dealing with criminal charges is to fight aggressively for your innocence. We are skilled at negotiations and trial, and will work tirelessly to prevent your residency from being jeopardized.

Get Help with Your Criminal Case

If you or a loved one find yourself facing criminal charges in NJ as an undocumented individual, visa holder, or permanent resident, it is important to seek the advice of an experienced criminal defense lawyer right away. Call our office in Collingswood for immediate assistance from an attorney who can help. We can be reached anytime at (856) 427-6888 to assist you.

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.

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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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