Law Office of Michael F. MyersCriminal Law Attorney | DUI & Drug Crimes Law | Atlantic County, NJ2023-03-02T20:46:47Zhttps://www.myersdefense.com/feed/atom/WordPress/wp-content/uploads/sites/1301995/2020/06/Favicon-75x75.pngOn Behalf of Law Office of Michael F. Myershttps://www.myersdefense.com/?p=464602020-06-22T11:45:00Z2020-05-19T05:00:00ZControlled substances are those that can cause addiction, overdose and other harmful effects. However, some can also be beneficial when used in a particular manner. The federal government arranges controlled substances into five schedules based on their abuse potential versus their medicinal benefits. Each drug schedule has restrictions placed on possession and dispensation of the substances it contains. Schedule V substances have the least restrictions, but you still cannot obtain them without a prescription.Schedule I substances have the greatest restrictions. According to the Drug Enforcement Agency, it is illegal for your doctor to prescribe you these medications or for you to possess them because they have no accepted medical use in the United States. The following are not all the Schedule I drugs but are among the most common.
LSD
Also known as acid, LSD is a potent hallucinogen. It severely alters perception and impairs judgment. The effects last for hours at a time, and flashbacks can persist even after other effects have worn off.
GHB
GHB is a depressant, meaning that it works to slow down the central nervous system. An overdose can cause you to stop breathing altogether. People sometimes take GHB for its relaxation effects, but it is also common to administer it to others to impede inhibition and facilitate sexual assault.
Heroin
Heroin is a narcotic drug. It induces feelings of drowsiness after an initial rush of euphoria as it rapidly enters the brain. If you take heroin over time, you can eventually develop a tolerance for it, meaning that you have to take larger and larger doses to achieve the same effects. This puts you at a greater risk of overdose.]]>On Behalf of Law Office of Michael F. Myershttps://www.myersdefense.com/?p=464632020-06-22T11:45:07Z2020-04-30T05:00:00Zdisorderly conduct is something that many people have probably already heard. What they may not know, however, is what type of actions this term encompasses.
People need to understand how they should conduct themselves in public to avoid charges and penalties for a disorderly persons offense.
What qualifies as disorderly conduct?
According to FindLaw, there are two elements of a petty disorderly persons offense. These two elements have to do with language and behavior while out in public. Anyone who happens to engage in violent behavior, such as fighting, risks this charge on their record. This also applies to anyone who creates a situation that is particularly dangerous or hazardous in public.
Directing offensive language in public that specifically at someone else can also result in a disorderly persons offense. Generally speaking, this happens when someone is intentionally trying to offend someone else with loud, belligerent and abusive language.
What are the penalties for disorderly conduct?
There are two different types of disorderly conduct charges, one of which is a petty offense. As found in the New Jersey Court’s Sentencing Guide, a petty disorderly persons offense can result in a fine of up to $500 and jail time of no more than 30 days. A disorderly persons offense that is not marked as petty, however, may carry jail time of no more than six months and a fine of up to $1,000. When it comes to the sentencing laws, both the aforementioned charges are the lightest in both fines and jail time. Sentencing for subsequent crimes, however, will take these charges into consideration.]]>On Behalf of Law Office of Michael F. Myershttps://www.myersdefense.com/?p=464652020-06-22T11:45:10Z2020-04-17T05:00:00Zwith the intent to deprive the merchant of the proceeds for that item. Shoplifting does not just include stealing something from a store or merchant, but mislabeling items with the intent to get them for less than their retail value or switching products into different containers or packaging with the same intent.
Shoplifting can be a serious crime of the second degree or a simple disorderly persons offense depending on the value of the merchandise.
How New Jersey classifies shoplifting
The consequences for shoplifting can vary greatly. If the value of the merchandise is at least $75,000, it is an automatic second degree crime and can carry significant prison time. If the theft was part of an organized plan to commit retail theft, the merchandise only has to be $1,000 to make it a second degree crime.
If the stolen merchandise was between $500 and $75,000 then it would constitute a third degree crime. It would also be a third degree crime if the defendant participated in an organized plan to steal anything worth less than $1,000.
Any shoplifting involving merchandise between $200 and $500 is a fourth degree offense, and any shoplifting involving merchandise worth $200 or less would constitute a disorderly persons offense.
How New Jersey classifies crimes
New Jersey classifies its crimes into four levels: First (the most serious), second, third, and fourth degree crimes. To be a crime, the violation must require a minimum of six months jail time. The state considers infractions that would have a lower sentence or a minimal fine disorderly persons offenses and not a crime.]]>On Behalf of Law Office of Michael F. Myershttps://www.myersdefense.com/?p=464692020-06-22T11:45:12Z2020-04-03T05:00:00ZOne of the key elements authorities must establish in order to prove that you committed a crime in Atlantic City is intent. Without it, then the presumption must be that whatever actions for you stand accused of, you were operating in good faith while engaged in them.The idea of you “accidentally” committing a crime may seem ridiculous to some (as most tend to assume all criminal matters have well-established “black and white” boundaries). Yet coming into possession of mislaid property may be a perfect example of this.Defining mislaid propertyThe law defines mislaid property as any piece of property was clearly left behind or forgotten (hence the term “mislaid”) by its owner. Typically it has been set aside for use and then forgotten. Examples might be a laptop computer left in a library or a golf club left at a driving range. The situation in which you find the property will usually imply that the property was mislaid; it is what you do with it once you find it that dictates whether or not your actions qualify as criminal.Inferring intentSection 2C.20-6 of New Jersey’s state statutes says that if you find lost or mislaid property (or are mistakenly delivered the property of another) and you know who the property’s actual owner is, you are guilty of theft if you make no attempt to return it to them. The important point here is that you have to knowingly do this. Say that you find something that you did not know belonged to an acquaintance (and not knowing who the owner is, you chose to keep it). It would be difficult to accuse you of theft given that you had no intent to deprive your acquaintance of the item.]]>On Behalf of Law Office of Michael F. Myershttps://www.myersdefense.com/?p=464672020-06-22T11:45:15Z2020-04-03T05:00:00ZNew Jersey Drug Court.
Who can enroll in Drug Court?
To qualify, a person must have a diagnosis of moderate-to-severe substance use disorder and no history of violent offenses. The court will ask for a substance abuse evaluation and review your background. Your attorney can determine whether you are eligible and ask the court for consideration.
What does Drug Court entail?
Participants must complete four phases, each with increasingly less stringent requirements for court reporting, treatment and probation. Each person will set health and sobriety goals they must reach before graduation. Most people complete Drug Court within 24 months.
While in Drug Court, you must attend either residential or outpatient substance use treatment. You must also take regular urine drug tests and attend self-help meetings such as Alcoholics or Narcotics Anonymous. In the first phase, you must report to the court once a week, and less frequently as you successfully move through the program phases.
The team assigned to your case can help you obtain or reinstate your driver’s license. Participants can also receive employment and education services. Some people may be eligible for criminal record expungement after graduation.
Does Drug Court work?
According to statistics from January 2020, 95% of participant drug tests were negative over a recent 12-month period. Only 6.1% of Drug Court graduates have another conviction within three years. Since the program began in 2002, more than 750 participants have had successful drug-free pregnancies and births. Nearly 250 graduates have regained custody of minor children. At the time of graduation from Drug Court, 89% of individuals have a job, 71% have a driver’s license and 59% have health care coverage.]]>On Behalf of Law Office of Michael F. Myershttps://www.myersdefense.com/?p=464712020-06-22T11:45:43Z2020-03-20T05:00:00ZNon-standardized vs standardized field sobriety tests
FieldSobrietyTests.org looks at both non-standardized and standardized field sobriety tests. Standardized field sobriety tests differ in one significant way. These tests have a rubric by which officers measure results. All officers use this rubric. This means the test results have a common standard they follow. Non-standardized tests do not have this. It is up to each police officer to decide if a person passes or fails the test. This is much more subjective.
There are only three types of standardized tests. This includes the walk-and-turn, the one-leg stand and the horizontal gaze nystagmus. Each test checks balance, coordination and cognitive functions. They examine how capable a driver is.
Why standardized tests are more common
Because of how subjective non-standardized tests are, officers use them less often. They rely on the relative objective nature of a test with a rubric used across the board, instead. Courts are often more accepting of these tests when presented as evidence.
You should know that any field sobriety test is not solid evidence, though. Even standardized field sobriety tests are a somewhat subjective method. It cannot determine if someone is driving under the influence with perfect accuracy. There are many reasons not related to alcohol that explain failing standardized tests. This is why officers often run more tests than this. Many also take blood samples or breath samples as well.]]>On Behalf of Law Office of Michael F. Myershttps://www.myersdefense.com/?p=464732020-06-22T11:45:46Z2020-03-10T05:00:00ZWhile most parents genuinely believe their kids would never do such a thing, teen shoplifting is a serious issue. Regardless of income, past behavior, and other factors, all teens are susceptible to shoplifting. Some do it out of peer pressure while others simply do it for thrills. Despite the underlying reasons for the behavior, shoplifting can have a lasting impact on a teen’s life, especially when the item taken is of high value. Here are a few steps parents can take to prevent shoplifting.Explain the effects of the crimeIt is easy to look at shoplifting as a victimless crime, which many teens do. In this case, it is up to parents to explain the ripple effects of stealing and how it can affect others. For example, stores that experience theft often have to increase their prices. In turn, business owners could lose profits, while workers could lose jobs. Putting a personal angle on stealing makes the crime – and its consequences – more real to teens.Have a discussion about ethicsRegardless of the impact, stealing is wrong and teens should face up to that fact. Asking your son or daughter about personal ethics and whether they are important is a good way to frame why stealing is inherently bad, no matter who the victim is. Emphasize the importance of honesty and fair-dealing, even when no one is looking.Emphasize the possible punishmentKids caught stealing can be taken to jail. While the practice is largely used as a deterrent, except in cases where items of great value have been stolen, it is still extremely embarrassing for kids to undergo the process of being questioned, fingerprinted, and needing to make a call so that a parent or guardian can retrieve them. The next time you are out shopping, talk to your kids about these possible consequences before a problem arises.]]>On Behalf of Law Office of Michael F. Myershttps://www.myersdefense.com/?p=464752020-06-22T11:45:49Z2020-02-22T06:00:00ZDo you know when making noise in public crosses over from a nuisance into criminal territory? Being aware of what disturbing the peace entails can make a difference in your defense.According to FindLaw, some actions that count as disturbing the peace include loud or incessant knocking on hotel doors, fights or challenging someone to a fight, swearing that incites violence, loud dog barking, and music played overnight while people are trying to sleep. In addition, bullying or harassing a child near a school or shouting inappropriately out of your car are both other forms of disturbing the peace. Many of these actions cause obvious stress or disruption for those around you. Each circumstance is different, so details matter. The date, time, or even the place it occurs also influences the severity of the issue.However, there are guidelines beyond just the noise-making itself that help determine whether it is a criminal act. The act must be purposeful and you must have bad intentions while doing it. If it is accidental or merely a common action, you may not be at fault. Some common actions that do not disturb the peace are embarrassing someone, bumping into another person, any rude or inappropriate gestures such as giving the middle finger, or horseplay. It is not illegal to perform those actions in public, since they do not meet the full definition. Actions done in self-defense also are not illegal.Disorderly conduct can be a confusing and frustrating matter, but learning more about what counts as disturbing the peace may help your case.]]>On Behalf of Law Office of Michael F. Myershttps://www.myersdefense.com/?p=464772020-06-22T11:45:51Z2020-02-12T06:00:00ZNew Jersey drug court.
Who can qualify for drug court?
If you have moderate to severe addiction and no history of violent offenses, you are likely eligible for drug court. You must undergo a professional substance abuse evaluation to determine that you have clinical substance use disorder.
What happens during the drug court process?
Participants must complete a four-phase process with probation and court reporting requirements that decrease over time. You must also complete either an inpatient or outpatient substance abuse treatment program. Most people can graduate from drug court within two years if they meet all their requirements.
At first, you must report to court weekly for drug tests. Over time, reporting intervals increase as you complete your requirements. You must also show that you are attending self-help meetings, whether you choose Narcotics Anonymous or Alcoholics Anonymous.
What are the advantages of the drug court program?
Not only can individuals pursue treatment for substance use disorder through this program, but they may also qualify for assistance with employment and education. Counselors can help you take the steps you need to live an independent sober lifestyle, such as seeking driver’s license reinstatement.
This program also allows many first-time offenders to avoid jail time. Some participants may qualify for expungement of their criminal records after completing drug court.
According to a 2019 report from NJ.com, fewer than 3% of people who complete drug court receive jail time for a different crime within three years. The data also shows that 89% of participants graduate from drug court with a job and that about 66% of participants have a full-time job. Nearly 6,000 people have successfully graduated from drug court since 2002, and 95% of drug tests among current participants are negative.]]>On Behalf of Law Office of Michael F. Myershttps://www.myersdefense.com/?p=464792020-06-22T11:45:53Z2020-02-10T06:00:00ZSay that you enjoy going out to a bar now and then to have a few drinks. To be safe and avoid a DUI, you may walk home, to another bar or an entirely different location. Should you cross paths with a police officer after having several drinks and traveling on foot, you may find yourself arrested for public intoxication. The arrest may be the result of you conducting yourself in a drunken manner that threatens or distresses yourself or others. Would you know how to defend yourself against such a charge?Alcohol.org tackles the subject, to better help you assert your rights. Do not let a night of enjoyment curdle into a night of horror.Objective intoxication Some people, including police officers, may mistake your normal mannerisms for signs of intoxication. You can say that you were either not acting drunk or were not drunk at the time of the arrest. This could work as a solid defense if police did not test your BAC.Private location Even if the officer’s claim of your intoxicated state is true, the location where police arrested you may be private.Local jurisdictionsThe specific county where you found yourself arrested could have public intoxication laws, statues and regulations that differ from the rest of New Jersey.Law violation Having legal assistance to help comb through public intoxication laws could help build a defense. Specific wording of regulations and laws could prove your innocence.Police conduct The arresting officer may not have followed proper procedure during your apprehension.Do not feel that you have no recourse for a public intoxication charge. Learn more about your rights so that you can properly protect them.]]>