DWI related offenses and factors for sentencing

In the USA, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) is considered a serious offense. In New Jersey, they are considered to be a single category and carry some of the strictest sentences in the country. As the prosecution pursues them aggressively, it is vital to have experienced, professional representation on your side from a leading DUI and DWI defense lawyer in New Jersey as soon as possible.

What sentences can be carried by a DUI/DWI conviction? 

DUI/DWI charges can change according to the exact nature of your specific case, but generally they will include a possible combination of:

  • Jail time – Up to 30 days for a first offense, up to 90 days for a second offense and up to 180 days for a third offense.
  • Driving license suspension – Between 3 months and a year for a first offense, up to 2 years for a second offense and up to 10 years for a third offense.
  • Fines – Between $250-$500 for a first offense, up to $1,000 for a second offense and $1,000 for a third offense.

In order to determine whether it is a first, second or third offense and therefore determine sentencing, the state applies a lookback period of 10 years. Additional penalties may include community service and/or the installation of an ignition interlock device.

DUI/DWI charges and implied consent 

In order to determine if you are over the legal blood alcohol content limit, the authorities have to perform a blood test – which you can refuse. However, New Jersey has an implied consent law which means that an automatic fine and license suspension will occur in the event of your refusal. This is subject to change, but currently stands at 7 months suspension for a first time offense, 2 years for a second time offense and 10 years for a third time offense.

Don’t let these charges ruin your life – Speak to a NJ DUI or DWI defense lawyer today 

If you have been charged with an offense, no matter how minor, you can benefit from effective legal representation. Dennis Calo, a former prosecutor, offers over 40 years of experience and insight into both sides of the legal system to build a strong and robust defense for each of his valued clients.

If you want an experienced defense lawyer that you can trust to defend your DUI or DWI professionally and aggressively, contact our criminal defense law firm today and find out how Dennis Calo can help you.

 

This content was originally posted at http://www.criminaldefense-nj.com/blog/dwi-related-offenses-and-factors-for-sentencing/

What are the main types of fraud addressed by the NJ criminal code?

Fraud charges are indictable offenses in New Jersey that can cover a wide range of crimes, ranging from credit card fraud to insurance fraud and everything in between. The sentences for these charges also vary according to different factors, including the amount of money stolen, and include jail time and heavy fines.

If you have been charged with fraud or theft, or suspect that you may face these charges, it’s important to speak to an experienced defense attorney. With the right defense, you have the best chance of avoiding potentially life-altering prison time, fines and a permanent criminal record.

 What types of fraud are most common in New Jersey? 

  • Credit card fraud: There are two sets of laws that cover credit card fraud, firstly dealing with how the credit card was obtained and secondly, how it was used. Charges in these categories include credit card theft, credit card application fraud, fraudulent credit card creation, buying or selling credit cards, fraudulently signing a credit card and fraudulent use of a credit card.
  • Insurance fraud: This can be charged as a third degree indictable offense (felony) and carry a second degree charge and even stricter penalties if it is a repeat offense. These laws cover information that is submitted to an insurance company that misleads the company in order to acquire an insurance payout or policy renewal, and includes any insurance company – including Worker’s Compensation claims as well as Medicaid, benefits, unemployment insurance and auto insurance.
  • Telemarketing fraud: These laws cover scams that are committed as or under the guise of a telemarketer and are designed to convince the victim to send money, attend a sales presentation or give out their credit card number in exchange for an often worthless prize. These charges carry penalties that include fines, injunctions, damages and class action lawsuits.

What does the State of New Jersey have to prove in fraud cases? 

As with other criminal charges, the State has to provide enough evidence to prove the charges beyond a reasonable doubt. The elements the State will focus on will be determined by each individual case, but are likely to include:

  • Intent to defraud: They have to prove that you intentionally mislead the victim in order to commit fraud.
  • Misrepresentation of material fact: The victim has to have been misled regarding a fact that is relevant to the transaction.
  • Knowledge of the misrepresentation: The prosecution has to be able to prove that you knew you were misleading the victim or that you knew you were misleading a material fact.
  • Injury to the victim: In certain cases, the prosecution must be able to show that the victim suffered actual damages as a result of the fraud. 

Facing fraud or theft charges in NJ? Speak to a leading defense attorney today 

Dennis Calo is a highly respected and successful criminal defense attorney in New Jersey with over 40 years of experience. As a former prosecutor, he understands both sides of his cases and is able to provide clients with the best possible defense against a wide range of charges, including theft and fraud.

If you want a criminal defense lawyer that you can trust to defend your case professionally and aggressively, contact us at our law firm today and find out how Dennis Calo can help you.

This content was originally posted at http://www.criminaldefense-nj.com/blog/what-are-the-main-types-of-fraud-addressed-by-the-nj-criminal-code/