Police conduct an illegal search in New Jersey when they search a person’s car, home, or body without first obtaining their consent or securing a search warrant. Illegal searches can happen in a variety of situations, but one of the most common is when an officer stops someone under the suspicion of driving while impaired.

Warrantless and nonconsensual searches violate Article 1, Section 7 of the New Jersey Constitution. The Fourth Amendment of the U.S. Constitution also prohibits them.

What Is the Definition of an Illegal Search?

New Jersey law protects individuals’ security “in their persons, houses, papers, and effects, against unreasonable searches and seizures.” It establishes the requirement of probable cause — the reasonable suspicion that a crime has been committed and there’s evidence on the premises — and the need to specify the place to be searched and the evidence to be seized. An illegal search is one that fails to meet these standards.

What Is the 4th Amendment?

The text and concept of the Fourth Amendment of the U.S. Constitution inspired the relevant section of the New Jersey Constitution. The language is nearly identical in spelling out a protection against unreasonable searches and seizures.

There are some exceptions to the prohibition against warrantless searches. These include when:

• Someone consents to the search
• The area to be searched is an open field or has no reasonable expectation of privacy
• Items to be seized are in plain view
• Obtaining a warrant is impractical or presents an immediate danger

What Are the Search Laws in New Jersey?

The basic principle of New Jersey’s laws regarding search and seizure is that searches typically must be conducted with a valid warrant in place. A valid search warrant:

• Is issued by an impartial judge or magistrate
• Is based on probable cause
• Names the individual and the premises to be searched
• Identifies the items officers will seize

A search or seizure that doesn’t follow the warrant’s scope may be considered unreasonable and illegal.

Is a Warrant Always Required in New Jersey?

There are some circumstances in which a warrant may not be legally required. Law enforcement may conduct a search without a warrant when:

• Evidence is in plain view
• Officers have probable cause because a crime is in progress or has just been committed
• Officers or bystanders are in danger
• Evidence is at risk of being destroyed
• Officers obtain consent from the individual to be searched

Obtaining consent is an easy way for law enforcement to get around their lack of a warrant. However, you are not obligated to consent to a search.

What Are Some Examples of Illegal Searches?

Illegal searches may occur in a variety of contexts. Some possible examples of illegal searches in New Jersey include when an officer:

• Enters your home without your consent or a warrant and searches your property
• Has a warrant but expands their search to areas not covered by the warrant
• Seizes or searches your phone or other device without your consent or a warrant
• Searches your vehicle without a warrant in standard circumstances
• Seizes property that isn’t related to any crime during a lawful search

These are just a few potential situations in which law enforcement may fail to follow the standards laid out in the Fourth Amendment and the New Jersey Constitution.

Can the Police Search My Car If I Am Stopped for a Traffic Violation?

A recent New Jersey Supreme Court ruling upheld the right to protection against warrantless vehicle searches. However, the police can still search your vehicle if they have probable cause — including if they’ve stopped you for a traffic violation — and in certain critical situations.

What Are Stop and Identify Orders?

Whether they’re looking for someone whose description you match, they suspect you of a crime, or they’re serving a summons to appear in court, the police may ask you to stop and identify yourself. In this situation, you should comply and cooperate. Failing to do so could cause you to be charged with interfering with an investigation. However, you aren’t required to answer their questions or submit to a search.

What Should I Do If I Have Been Subjected to an Illegal Search?

Search and seizure law is complex. It may not be obvious that law enforcement violated your rights until you sit down with a knowledgeable attorney to discuss your case. A criminal defense lawyer will ask you questions about the circumstances surrounding the search and will determine whether your search was legal.

Even if you consented to the search, you should still meet with an attorney. Officers may use a variety of tactics to obtain consent – and not all of these tactics are ethical or legal. If they searched your property and seized evidence after getting consent through coercion or other illegal means, that evidence may be suppressed and unable to be used in court. Your attorney will understand this process and be prepared to act accordingly to safeguard your rights.

If you believe you’ve been subjected to an illegal search in New Jersey, contact an attorney right away to go over the details of your case, gain an understanding of your rights, and review your legal options.

Contact a New Jersey Criminal Defense Lawyer

Do you believe you were subjected to an illegal search in New Jersey? If so, speak with an attorney right away. An experienced criminal defense lawyer will explain your rights and help you consider your legal options.

The Law Office of Jason A. Volet has more than 15 years of experience handling felony and misdemeanor cases in New Jersey. When you hire us to represent you, we’ll fight aggressively to pursue justice on your behalf, treating your case with the seriousness and focus it deserves. To learn more, contact us today for a free consultation.

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Entrapment happens when someone working in a law enforcement capacity uses threats, harassment, or fraud to coerce another person into committing an offense. If the defendant would not otherwise have committed the crime, they can use entrapment as a legal defense to criminal charges. 

Because proving entrapment can be challenging for a defendant, the dedicated legal counsel of a New Jersey defense attorney is crucial.

What Is Entrapment?

Some criminal investigations require law enforcement officers to operate undercover to get the evidence they need in an investigation. While undercover work is acceptable, it becomes problematic when it crosses the line into an entrapment. New Jersey law defines entrapment as convincing or encouraging a suspect to commit a crime they would not otherwise have committed. Entrapment often, but not always, occurs when an officer is working undercover.

What Are Some Examples of Entrapment?

Some examples of potential entrapment scenarios include:

• An undercover officer repeatedly asks someone to sell them illegal drugs or contraband after they have refused multiple times. The undercover officer exploits the person’s substance abuse problem or financial desperation to convince them to make the sale.
• A policeman uses threats or coercion to force an unwilling person to commit a crime. For example, they threaten to have the person’s child taken away or home seized if they do not commit a requested criminal act.
• A law enforcement agent makes false claims about the legality of an act to trick someone into unknowingly breaking the law, such as stating that it’s legal to claim a tax deduction the filer knows they do not qualify for.
• An informant relentlessly pesters an individual to get them to agree to a criminal act after clearly expressing no interest. Badgering someone despite their objections can constitute entrapment.

What Are the Types of Entrapment?

New Jersey law defines entrapment in two ways:

• A public law enforcement official or their agent makes false representations about something being legal to convince someone to engage in that behavior.
• A law enforcement officer or their agent motivates or persuades someone to do something they wouldn’t have done without the influence.

Contact a New Jersey criminal defense attorney today if you believe a law enforcement officer used one of these methods to cause you to commit a crime.

Is Entrapment Legal in New Jersey?

While entrapment is not allowed, it is also not a crime. Entrapment is an affirmative legal defense that can keep someone from facing punishment for a crime they never intended, planned, or desired to commit. Although entrapment is unethical, no statutes in New Jersey make it illegal.

What Are the Elements of an Entrapment Defense?

Entrapment is an affirmative defense to criminal charges, meaning that the burden of proof is on the defendant. A successful entrapment defense must prove that the following three elements apply:

• The person who allegedly committed entrapment must be a police officer or other public law enforcement officer. Alternatively, they may have been acting on behalf of a public law enforcement officer.
• The person accused of entrapment must have made false statements to coerce the defendant or encouraged them to commit a crime.
• Upon considering the bulk of the evidence, it must be more likely than not that the defendant would not have committed the offense without the officer’s wrongful actions.

Will an Entrapment Defense Stand Up in Court?

An entrapment defense is a valid legal argument in court. When the proof shows that entrapment was used, a defendant must be found not guilty of the crime they have been charged with. The defense does not need to prove entrapment beyond a reasonable doubt. Instead, they must demonstrate “by a preponderance of the evidence” that entrapment occurred, which is a less strict standard.

However, there is one exception to the validity of an entrapment defense. If a defendant is facing charges of causing or threatening to cause bodily harm to someone other than the officer, an entrapment defense will be invalid.

Can the Police Officer or Government Agent Who Committed the Entrapment Face Punishment?

In most cases, the police officers or government agents who carry out entrapment will not face criminal charges or direct punishment. Entrapment is not technically illegal, but it is an improper way to gather evidence.

However, an officer who engages in entrapment may face internal disciplinary action or termination by their department for unethical conduct. Defense attorneys can also challenge their credibility as a witness in future cases if they have been found to use entrapment before.

In extreme cases, such as those involving threats or harassment, civil rights charges against the officer are possible. But instances of an officer being criminally prosecuted solely for entrapment are rare.

Contact a New Jersey Criminal Defense Lawyer

Everyone has the right to fair treatment under the law. Being coerced by a law enforcement officer into committing a crime is anything but fair. If you believe you may have a valid claim of entrapment, having an experienced criminal defense lawyer on your side is critical. The Law Office of Jason A. Volet has over 15 years of experience handling complex criminal defense cases in New Jersey. Lead attorney Jason Volet’s background as a former prosecutor gives him unique insight into poking holes in the prosecution’s case.

Our legal team will thoroughly investigate your matter to build a strong defense against the charges. If we believe you may have been entrapped, we can argue for pre-trial dismissal or acquittal at trial. Don’t let false charges hold you back. Let us help you prove your innocence. Contact our office today for a free case evaluation to learn more about how we can help you.

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If you are facing criminal charges in New Jersey, you probably have questions about the legal process and its effect on your defense. At the Law Office of Jason A. Volet, we want to help you understand the system you’re facing. You should know how the statute of limitations could affect the prosecution’s case against you. This knowledge can help your defense strategy and potentially affect the outcome of your case.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time after an event that someone may begin legal proceedings. For criminal offenses, the statute of limitations determines the period in which the state can charge someone with a crime. After this time frame has passed, the state typically cannot prosecute for that offense. There are practical reasons to put a deadline on prosecuting crimes, such as evidence degrading and memories fading over time, as well as philosophical ones. The state must respect that everyone is presumed innocent and should not be hounded over crimes they allegedly committed long in the past.

How Long Is New Jersey’s Statute of Limitations?

In New Jersey, the statute of limitations governing a particular offense varies depending on the seriousness of the crime. For indictable offenses, or felonies, the limitation period is generally five years. The time limit is typically one year for disorderly persons offenses, or misdemeanors. In other words, the state has five years from the date of the alleged indictable offense and one year from a disorderly persons offense to file charges.

However, these general limitation periods are not the whole story. Certain serious crimes have a more extended limitation period – or even none at all. The timeline for other crimes may also be affected by factors like the victim’s age at the time of the alleged offense.

When Does the Statute of Limitations for a Criminal Offense Start Running?

The clock on the statute of limitations typically starts ticking when the crime is alleged to have occurred. However, certain offenses do not have obvious start and end points. This is particularly true for ongoing crimes like fraud or embezzlement schemes, where the criminal behavior continues over an extended period. If you are facing allegations of these types of crimes, a skilled New Jersey criminal defense attorney can help you understand the statutory limits that might apply in your case.

What Does It Mean When a Statute of Limitations Is Tolled?

“Tolling” is a legal term that refers to pausing or delaying the running of the time period set by the statute of limitations. For example, the limitation period might be tolled if the accused flees or DNA or fingerprint evidence for the alleged crime has not yet been discovered. In these cases, the clock wouldn’t start again until the authorities capture the fugitive or when evidence is found.

Are There Exceptions to the 5-Year Time Period?

New Jersey law provides several exceptions to the general five-year statute of limitations for indictable offenses, including:

• Official misconduct and bribery – One notable exception is cases involving public officials or employees who use their positions for personal gain. This crime is an indictable offense called official misconduct. Another is bribery, which is offering, accepting, or soliciting a benefit in exchange for an official action. In both instances, the statute of limitations is seven years.
• Sexual contact with a minor or endangering welfare of children – In cases of sexual contact with a victim who was a minor at the time of the alleged offense, the limitation period is either five years after the victim turns 18 or two years from discovery – whichever is later. This limit also applies to charges for endangering the welfare of children.

Are There Certain Crimes That Have No Statute of Limitations?

Some crimes are so serious that New Jersey allows prosecutors to bring charges at any time, with no statute of limitations. This stipulation applies to crimes such as:

• Murder
• Manslaughter
• Sexual assault
• Terrorism
• Causing or risking widespread harm
• Environmental offenses

Can the Statute of Limitations Be Used as a Defense in a Criminal Case?

If the state tries to prosecute you after the statute of limitations for your alleged crime has expired, your defense attorney can use this as a complete defense to move for a dismissal of the charges. However, the statute of limitations can be a complex area of law with many exceptions and tolling periods. It is essential to have an experienced criminal defense attorney who can accurately determine what deadline applies to your case.

Contact a New Jersey Criminal Defense Lawyer

New Jersey’s criminal statute of limitations on certain crimes can offer a powerful defense to criminal defendants. But these laws’ complexity means that taking advantage of them can be challenging on your own. At the Law Office of Jason A. Volet, our experienced team is ready to help you understand your rights, fight for your liberties, and use any statutory option at our disposal to your advantage.

Jason A. Volet is a certified Criminal Trial Attorney by the Supreme Court of New Jersey who has handled over 2,000 cases as both a prosecutor and criminal defense attorney. His dedication and loyalty to his clients have made him a trusted choice across New Jersey.

If you are facing criminal charges or believe you might soon be, do not leave your future to chance. Contact the Law Office of Jason A. Volet online or by phone for a free consultation with a committed New Jersey Criminal defense lawyer.

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As a New Jersey resident, understanding your legal rights is essential for protecting yourself if you face criminal charges. Your rights regarding search and seizure law are particularly crucial. The Law Office of Jason A. Volet understands the challenges people face when they believe law enforcement officers may have obtained evidence illegally – and we’re prepared to protect your rights.

What Is Search & Seizure?

Search and seizure is a legal procedure law enforcement officers use to search a person’s property and confiscate any evidence relating to a crime. These practices must follow complex legal rules to protect the balance between an individual’s right to privacy and the state’s interest in law enforcement.

What Is the 4th Amendment to the US Constitution?

The Fourth Amendment to the U.S. Constitution protects individuals against unreasonable searches and seizures. This amendment requires law enforcement to get a warrant justified by probable cause from a judge before conducting a search. A vital part of the Bill of Rights, this amendment serves as a safeguard against arbitrary and invasive actions by the state.

Does New Jersey Have a Similar Section in Their Constitution?

In a paragraph nearly identical to the Fourth Amendment of the US Constitution, Article I, Paragraph 7 of the New Jersey Constitution also protects its citizens against unreasonable search and seizure. It reiterates that the state must not violate a person’s right to privacy without a warrant and probable cause. It is worth noting that New Jersey courts often interpret these protections broadly, offering more protection than the federal constitution in some cases.

What Is Considered a Lawful Search & Seizure?

In many cases, lawful search and seizure occurs after a law enforcement officer obtains a valid search warrant from a judge. The warrant must specify the area the officer may search and the items they may seize. However, law enforcement can conduct a lawful search without a warrant in some specific situations.

What Is a Warrantless Search & Seizure?

A warrantless search and seizure refers to circumstances where law enforcement officers conduct a search without obtaining a warrant beforehand. While the Fourth Amendment and the New Jersey Constitution generally require a search warrant based on probable cause, certain exceptions exist that allow police to conduct a search without a warrant.

Are There Exceptions to NJ’s Search & Seizure Law Where Police Can Search Without a Search Warrant?

Some exceptions to the requirement that a warrant must be obtained before a search and seizure include the following:

• Consent – If a person voluntarily agrees to a search, the police can proceed without a warrant.
• Immediate threat – In circumstances that present an immediate threat to public safety or the risk of evidence destruction, police can conduct a warrantless search.
• Following a lawful arrest – A search incident with a lawful arrest is another exception. This allows officers to search a person and their immediate surroundings for their safety and to prevent the destruction of evidence.
• Plain view – If an officer sees evidence in plain sight that is immediately obvious, they may seize it without a warrant.

What Is Probable Cause?

Probable cause is the requirement that law enforcement officials have a reasonable belief, supported by facts and circumstances, that a crime has occurred or evidence exists in a particular location. For example, a police officer may pull over a vehicle for a broken taillight, smell alcohol on the driver’s breath, and see suspicious bottles in the car. This situation could give rise to probable cause. This reasonable belief allows the officer to search the vehicle without a warrant. However, you should immediately contact a skilled legal professional if you believe the police violated your rights during a search.

How Can It Be Proven That the Search Violated My Rights?

Consulting a knowledgeable criminal defense attorney is critical if you suspect the police conducted an illegal search and seizure. An experienced lawyer can review the facts of your case and the way the officer obtained the evidence. They can then determine whether law enforcement had a valid search warrant or appropriately applied an exception. If your attorney determines your rights were violated, they can file a motion to suppress the evidence obtained during the unlawful search.

What Is the Exclusionary Rule?

The exclusionary rule is a legal principle that prevents the prosecution from introducing evidence in court if the police obtained it through an unconstitutional search or seizure. The rule aims to deter police misconduct by making illegally obtained evidence inadmissible in court.

What Is “Fruit of the Poisonous Tree”?

“Fruit of the poisonous tree” is a legal metaphor used to describe evidence that law enforcement obtains indirectly through an illegal search or seizure. The doctrine essentially states that if the source of the evidence is done illegally, then anything gained from it cannot be used in court.

For instance, law enforcement officers illegally search a person’s home without a warrant or any applicable exceptions. During this search, they find a key to a storage locker. Later, the police use this key to open the locker, where they discover stolen goods.

In this case, the stolen goods are the “fruit of the poisonous tree.” Even though the police did not directly find the stolen goods during the illegal search, their discovery resulted from the unlawful search. Under the “fruit of the poisonous tree” doctrine, the court should exclude the stolen goods from the evidence.

Contact a New Jersey Criminal Defense Lawyer

Understanding search and seizure laws can be challenging. But you don’t have to handle them alone. If you have been subject to a search and seizure and are facing criminal charges, your rights may be in jeopardy. You need an attorney who will stand up for your liberty.

At the Law Office of Jason A. Volet, we focus on criminal defense law. Our experienced criminal defense lawyer has handled over 2,000 cases as a prosecutor and defense attorney. We offer comprehensive legal support to help you understand your rights and provide strong defense strategies. Contact our offices today for a free consultation to learn more about how we can help you.

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New Jersey issues probationary licenses to new drivers who are at least 17 years old. These licenses are subject to certain rules and limitations. Drivers 18 and older can upgrade to a regular driver’s license after 12 months of unsupervised driving.

How Do You Obtain a Probationary License in New Jersey?

Before you can get a license of any kind, you must have obtained a learner’s permit. Once you have, you have two years to complete the following steps:

• Take a knowledge test – Schedule an appointment to take the knowledge test with the New Jersey Motor Vehicle Commission (MVC). You will need to bring certain information with you and take a vision test. If you fail the knowledge test, you can take another after seven days.
• Practice driving – Before applying for a license for the first time, you must drive under the supervision of a licensed New Jersey driver for at least three months if you’re 21 or over or at least six months if you’re under 21. Postponements or suspensions will prohibit you from applying when the supervisory period ends.
• Schedule a road test – You should schedule your test as soon as possible since wait times can be long. You must be at least 17 to take the test. However, you can schedule the test well in advance as long as the date is on or after your 17th birthday.
• Attend your appointment – Bring the same forms you brought to your knowledge test. You will also need a valid examination permit, license plate decals if you’re under 21, and a registered vehicle with an up-to-date inspection card and insurance in which to take the test. A New Jersey licensed driver who’s at least 21 years old and has had their license for at least three years must accompany you.
• Take the test – A staff member from the licensing office will accompany you on your road test. If you pass, they’ll endorse your permit so you may get a probationary license. If you fail the first time, you must wait two weeks before retaking the test.
• Get your probationary license – After you pass, you may be able to get your license at the location of your road test. If it’s not available there, you may bring your stamped permit and documents to any Licensing Center. You’ll use your license until you have driven without supervision for 12 months.

Are There Special Rules That Apply to a Probationary License?

Drivers with probationary licenses are subject to certain limitations and restrictions that other drivers are not. If you’re under 21, you must follow these rules:

• Everyone in the vehicle must wear a seatbelt.
• Unless you’re driving with a parent or guardian, you may have only one passenger in the vehicle. If you have children of your own, they do not count towards this total.
• You can’t use hand-held or hands-free electronic devices while driving.
• You must apply special decals to your car on the front and rear license plates.
• You cannot drive between 11:01 p.m. and 5:00 a.m.

If you’re over 21, you must adhere to these rules:

• Everyone in your car must wear a seatbelt.
• You can’t use hands-free or hand-held electronic devices.

Can I Fight a Ticket I Get While on a Probationary License?

Fighting a ticket while on a probation license in New Jersey is challenging. Municipal prosecutors are banned from offering plea agreements eliminating penalty points to anyone holding probationary licenses.

You still have a right to fight a ticket issued to you in error. However, you should never pursue your case alone. A skilled attorney can protect your rights and determine the appropriate legal strategy.

What If I Get Two or More Moving Violations?

If you receive two or more moving violations totaling at least four points, you must enroll in a four-hour Probationary Driver Program (PDP). You are required to pay a $75 fee and pay for the class. The course will reeducate you on the importance of safe driving practices and subtract up to three points from your license upon completion.

Can a New Jersey Probationary License Be Suspended?

If you hold a probationary license, you will face a mandatory 90-day suspension if convicted of another traffic violation after completing the course. Your eligibility to get a regular license will also be postponed.

What Happens If I Am Convicted of a Drug or Alcohol Offense While I Have a Probationary License?

The penalties you might face for a drug or alcohol offense while on a probationary license depend on a number of factors, including:

• Your age
• Your alleged blood alcohol concentration (BAC)
• Whether there were drugs in your vehicle

A conviction could lead to license loss, substantial fines, and even prison time. If you or your child has been charged with a DUI while on a probationary license, contact an experienced criminal defense lawyer immediately.

Contact a New Jersey Criminal Defense Lawyer

New Jersey has one of the strictest probationary license programs in the country. Preparing yourself for the regulations and limitations you must follow is critical so there are no speed bumps on the road to full driving privileges. But if you do run into trouble, help is a phone call away.

At the Law Office of Jason A. Volet, we are proud to defend clients against traffic violations and criminal charges. We know the stress you’re under and will relieve your burden by handling every aspect of your defense. You won’t have to go through this alone.

If you were issued a traffic citation while on a probationary license or charged with a related criminal offense, call or contact us online for a free consultation. Let us fight for your future.

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A waiver of extradition is when someone waives their right to an extradition hearing or similar procedures. They agree to be returned to the requesting state or country without going through the usual extradition process to fight it.

What Is Extradition?

Extradition is the formal process of one state surrendering an individual to another to prosecute them for the crimes they committed in the requesting state or country’s jurisdiction.

When someone leaves the state without fulfilling the conditions of their parole or probation or resolving the charges against them after an arrest, they are a fugitive from justice. Anyone categorized under this term is subject to arrest and extradition by a warrant to the state or country demanding their arrest.

Extradition can occur for numerous charges, such as:

• Murder
• Drug possession
• Forgery
• Assault
• Homicide
• Fraud

Interstate vs. International Extradition

Interstate extradition is the most common type of extradition. It occurs when the defendant gets removed from one state and released to another to face the criminal justice system there. The Uniform Criminal Extradition Law governs the process New Jersey must follow.

Extradition can also involve transferring an individual between the United States and other countries. A fugitive from justice can get extradited to or from the United States. Typically, a treaty allows a country to extradite a defendant to or from another country. Various countries have treaties with the United States allowing extradition, including Mexico, Canada, China, and Israel.

What Is the Extradition Process?

The steps required to extradite someone to New Jersey from another state include:

• The prosecuting attorney presents the requisition to the NJ governor, seeking the defendant’s return to New Jersey for violating bail, probation, or parole or failing to respond to charges.
• An affidavit is prepared outlining the circumstances of the basis for the requisition.
• A state governor issues a warrant demanding the individual charged with the crime or violating probation, bail, or parole to return to New Jersey.

When extraditing someone to another state from New Jersey, the required steps by law include:

• Another state serves a written demand requesting New Jersey to extradite the individual from the state.
• The governor’s office, prosecuting attorney, or attorney general concludes an investigation determining that extradition should occur.
• A governor issues a warrant for the individual’s return to the demanding state.
• The prisoner attends a hearing where there is a decision on whether extradition can happen under the law and they can choose to sign an extradition waiver.
• The defendant returns to the demanding state within 30 days of getting taken into custody or up to another 60 days if the court extends the period.

What Are the Benefits of Waiving Extradition?

Showing you’re willing to cooperate is one of the potential benefits of waiving extradition. Sometimes, you can agree to waive extradition for a lesser sentence or reduced charge. However, that isn’t automatic, so you should not base your decision on the potential for more lenient penalties or less serious criminal charges. An experienced attorney can walk you through the options and advise you on how to handle the process to increase the chance of a favorable outcome.

Another benefit of waiving extradition is removing steps from the legal procedure for more efficiency. You can avoid the stress, time, and cost related to attending an extradition hearing and other aspects of the process by choosing to waive extradition. Your attorney might suggest this is your best option if losing the fight against extradition is likely.

The time you spend in custody during extradition proceedings if you waive extradition will also act as a credit to you if you’re eventually convicted and sentenced based on the charge you face. You lose jail credit if you fight extradition and end up with a conviction.

What Are Some Negative Aspects of Waiving Extradition?

Although there are advantages to waiving extradition, there can also be some drawbacks. Waiving extradition relinquishes certain procedural protections under the law. You might also be ineligible for bail or delay your eligibility. That can lead to more time in custody during the transfer to the requesting jurisdiction for processing.

Under some circumstances, waiving extradition so the authorities can transfer you to the requesting jurisdiction can hinder your opportunity to argue that you weren’t running away from the charges against you. You can’t travel back to the original jurisdiction yourself and fight the charges on your own terms.

What Is the Procedure for Waiving Extradition?

The procedure for waiving extradition isn’t complex but requires following each step precisely. State law affords a person an extradition hearing and all the procedural protections that come with it unless they consent to removal from the current jurisdiction by waiving extradition.

If someone is a fugitive from New Jersey or another country or state because they didn’t respond to probation, bail, criminal charges, or parole, they can waive their right to extradition proceedings by signing a legal document before a judge. This indicates their consent to return to the state or country demanding their return.

Waiving the right to contest extradition efforts is only valid if they execute the waiver intelligently and knowingly after the judge provides appropriate instruction. After signing, the governor receives the waiver so they can complete the defendant’s transfer. The judge must also sign an order and provide it with a copy of the waiver advising the prisoner’s release to an agent in the demanding state.

Contact a New Jersey Criminal Defense Lawyer

Consenting to waive extradition can significantly affect a person’s rights and life. It isn’t a decision you should make without consulting an experienced and knowledgeable defense attorney first.

At the Law Office of Jason A. Volet, we care about our clients and work tirelessly to prepare an effective strategy to pursue the best possible result for them. We will guide you through this overwhelming experience and protect your rights until the end of your case.

If you face criminal charges or possible extradition to or from New Jersey, contact the Law Office of Jason A. Volet today for a confidential consultation with a dedicated criminal defense lawyer.

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You can obtain a copy of your criminal record through the New Jersey Division of State Police Criminal Information Unit (CIU). You can also try requesting a copy of your records from a specific law enforcement agency or court. However, the CIU is the most efficient source for obtaining your complete criminal history record information (CHRI).

Being convicted of a crime can have far-reaching consequences in your life. At The Law Office of Jason A. Volet, we understand how frustrating dealing with the aftermath can be. We are here to address your questions or concerns. If you are eligible, we can even work to have your criminal record erased through an expungement. Contact us today for a free, confidential consultation with a skilled New Jersey criminal defense attorney.

How Do I Get My Criminal Records from the Criminal Information Unit?

Again, you can obtain a copy of your criminal records from the Criminal Information Unit (CIU). Before accessing your records, you must complete an online form, schedule an appointment to get your fingerprints scanned at a location approved by the New Jersey State Police (NJSP), and pay a fingerprinting fee of $44.13. Online scheduling is available 24 hours per day, seven days per week.

Once your fingerprinting is complete, your criminal records will be mailed to the address you provide. If no criminal history is found, you can download an official Personal Record Request letter as confirmation.

Who Can Access My Criminal Record?

Criminal records are widely accessible to interested parties conducting an investigation. The governing statute specifically grants access to the following entities:

• Any person for the purpose of obtaining their own criminal records.
• Governmental entities of New Jersey, the federal government, or any other state for any official governmental purpose, including, but not limited to, employment, licensing, and the procurement of services.
• A person or non-governmental entity of any state that seeks to directly engage the services of the subject of the record for the purpose of determining the subject’s qualifications for employment, volunteer work, or other performance of service.
• Attorneys-at-law licensed by any state for use in any contested matters docketed in any state or federal court or administrative agencies of this state.
• Private detectives licensed by the Division of State Police . . . for the purposes of obtaining information in the furtherance of the performance of their statutorily authorized functions.

The statute makes clear that access to your criminal records may also be granted under “any other Federal or state laws, regulations, executive orders, ordinances or resolutions authorizing the dissemination of criminal history record information.” In addition to records of conviction, access may also be granted to “all records of pending arrests and charges for violations.”

For How Long Are Criminal Records Kept in New Jersey?

Your criminal history stays on record indefinitely. However, records associated with certain crimes can be erased through a legal process known as “expungement.” More on this below.

What Does It Mean to Have My Records Expunged?

You can prevent someone from accessing your criminal record by having it expunged. As explained by the New Jersey State Police, the expungement process ensures your “right to privacy with the sealing and expunging of all criminal records ordered by the court.” The governing statute defines expungement more thoroughly as follows:

“[T]he extraction, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.”

Only records associated with certain crimes may be expunged. Determining eligibility can be complex and requires the attention of an experienced criminal defense attorney. However, once established, the following records may be expunged:

• Complaints
• Warrants
• Arrests
• Commitments
• Processing records
• Fingerprints
• Photographs
• Index cards
• “Rap sheets”
• Judicial docket records

What Is the Process for Getting My Records Expunged?

The process of getting your criminal records expunged involves lots of paperwork and, potentially, a hearing in court. At The Law Office of Jason A. Volet, we can review your case to determine whether you qualify for an expungement. If you do, we can prepare the necessary paperwork and help you through the process. The steps involved in expunging a criminal record include:

• Filing a Petition for Expungement – The process starts by filing a petition, along with other required documentation, in the Superior Court of the county where the conviction or arrest occurred.
• Obtaining an Order for Hearing – A judge will be assigned to your case and a hearing date will be set to address the petition.
• Giving Notice – After a hearing is set, all interested parties must be given notice by serving them with a copy of your Petition for Expungement and the Order for Hearing. These may include the police department responsible for your arrest, the prosecutor in the county where the conviction occurred, the Attorney General of New Jersey, and others.
• Attending an Expungement Hearing – Though you may not ultimately be required to appear at a hearing, any agencies involved in your case can object to the expungement. You will get a chance to respond to their objections. If no one objects, the court may order the expungement of your records without a hearing.
• Receiving an Expungement Order – If all goes well, the presiding judge will issue an Expungement Order.
• Enforcing the Order – You will then need to serve all agencies involved in the case with the signed Expungement Order. They must then remove your expunged records from their databases.

To learn more about expungements in a video presentation by Jason A. Volet, see How Long Will It Take to Get My Record Expunged? 

Contact a New Jersey Criminal Defense Attorney Today

A criminal record can make it difficult to find employment, pursue your education, secure a home, and more. At The Law Office of Jason A. Volet, we understand how frustrating this can be. Our legal team is ready to help you get a copy of your criminal record, as well as have it expunged in eligible cases. Contact us today to have your questions answered in a free, confidential consultation with an experienced New Jersey criminal defense attorney.

You need to take swift action if there is a warrant for your arrest in New Jersey. Ignoring a warrant could lead to significant criminal penalties, including jail or prison time. Knowing there is a warrant for your arrest is a scary situation, but you still have options.

Depending on what type you are facing, you may be able to get rid of an outstanding warrant in New Jersey. However, the longer you wait to address the warrant, the fewer choices you will have — and the worse the potential penalties may be. Talking to an attorney immediately after your arrest is critical to a positive outcome.

As an experienced New Jersey criminal defense attorney, Jason A. Volet can help you find the best way to deal with a warrant. Keep reading to learn more about warrants in New Jersey and how a criminal defense lawyer can help keep you out of jail.

What Are Some Criminal Justice Statistics in New Jersey?

New Jersey began instituting a series of criminal justice reform measures in 2017, including changes to bench warrants. A defendant failing to appear for a court hearing is one of the most common reasons judges issue warrants, and the number of missed hearings seems to be declining. A report from the state court system found that criminal defendants in New Jersey made it to 90.9 percent of their court hearings in one recent year, compared with 89.4 percent a few years ago.

New Jersey’s criminal justice reform measures have led to an increase in the number of summonses issued versus the number of warrants issued. (A warrant requires the police to arrest the person named in the document, while a summons does not.) Another state court report found that New Jersey defendants received 62,335 summonses in a recent year, compared with 32,896 warrants. That means almost two-thirds of defendants statewide received a summons and were not under threat of arrest before their day in court.

What Is the Difference Between a Summons and a Warrant?

Receiving a warrant or a summons means you need to appear before the court that issued the document. However, you are not necessarily under arrest when you respond to a summons. When you appear in court, you may be able to address the issue and avoid an arrest and being taken to jail.

On the other hand, a warrant is much more serious, as police must arrest anyone named therein. If the police arrest you, you will likely go to jail, at least briefly. However, there are some circumstances where you can clear a warrant without an arrest or going to jail. Your best way to avoid jail time is to contact a New Jersey criminal defense lawyer as soon as a warrant is issued against you.

What Are the Three Kinds of Warrants in New Jersey?

The three types of warrants that a judge may issue in New Jersey criminal cases are:

• Search Warrants — A search warrant allows the police to search the place or property named therein for evidence of criminal activity. State court rules say that before a judge can issue a search warrant, the party requesting it must provide legal justification for the search. Once the judge signs the warrant, the police can search the property for only legally justified reasons.
• Arrest Warrants — An arrest warrant is a document issued by a judge ordering the police to arrest someone and bring them before the court on a specific charge. In New Jersey, police must file a criminal complaint and show probable cause before a judge can issue an arrest warrant. As part of the complaint, the police must show that the named party likely committed the crime in question. A judge may also issue an arrest warrant if a defendant has violated their parole or probation or refuses to comply with a court order. Some examples of court-order violations that could lead to an arrest warrant include violation of parole, failure to pay a court-ordered fine, and failure to appear for a hearing.
• Bench Warrants — A bench warrant is a specific type of arrest warrant that judges can issue if you fail to appear at a court hearing or violate a court order. Unlike most arrest warrants, judges can issue bench warrants without probable cause being established first. In effect, the fact that you either failed to appear or violated a court order is the probable cause for your arrest. Bench warrants stay in effect until the police arrest the defendant, the judge recalls the warrant, or the defendant fulfills the conditions of the warrant. For example, if a judge issues a bench warrant for your arrest because you failed to pay a court-ordered fine, paying the fine may fulfill the conditions and void the warrant.

How Can a Warrant Be Lifted?

Getting a bench warrant lifted is possible with help from an experienced attorney. Sometimes, a defendant misses a court summons because they changed addresses or there was a technical mishap. In these circumstances, calling the courthouse and letting them know about the error may be enough for the judge to lift the warrant.

Similarly, you might get a bench warrant lifted by complying with the court order that led to its issuance. For instance, judges sometimes issue bench warrants to people who have not paid their child support obligations. In this example, paying the child support you owe may be enough to get the bench warrant lifted.

You do not always have the option to avoid arrest if a judge issues a bench warrant. Defendants who violate the conditions of their probation or parole often cannot avoid arrest on a bench warrant. However, you should receive a court hearing before going to jail on a bench warrant, and you may be able to avoid jail time by working with a skilled defense lawyer.

How Can a New Jersey Criminal Defense Attorney Help You?

Working with a criminal defense lawyer is your best hope of getting a warrant lifted in New Jersey. Your lawyer can review your case, find out more about the warrant, and explore options for getting it lifted without you being arrested or sent to jail. If the police arrest you on a bench warrant, a defense attorney can appear with you in court and negotiate to keep you out of jail.

The Law Office of Jason A. Volet is ready to help if you are the subject of an arrest or bench warrant in New Jersey. Call us now or reach us online to discuss your case.

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Do you know or suspect that you are subject to a bench warrant in New Jersey? Unlike arrest warrants, courts issue bench warrants for individuals who are already facing criminal charges and should know that they must pay fines, appear in court, or follow certain other, court-ordered requirements. However, mistakes happen. When they do, bench warrants are just one tool that courts can use to exert authority.

The courts don’t issue bench warrants in all circumstances, so you might wonder how to tell whether you are subject to one. After all, dealing with a bench warrant is unpleasant, but it is simpler than dealing with an arrest. To check, you can contact your local court system directly, look online, or work with an experienced New Jersey criminal defense lawyer.

What Is a Bench Warrant?

New Jersey Court Rule 7:2-3 defines a bench warrant as any warrant, aside from an arrest warrant, that the court issues to order law enforcement to take the subject of the warrant into custody. Most bench warrants stem from existing legal issues or violations of court orders.

In many cases, judges will issue notices of suspension for driver’s licenses when they issue bench warrants. The revocation of a defendant’s driving privileges is an effective way to convince the defendant to resolve the underlying issue that gave rise to the warrant, such as by paying requisite fines or appearing in court.

When a judge issues a bench warrant against you, it means that local law enforcement has the authority to arrest you and keep you in jail until you can attend a hearing. You might need to comply with all aspects of any existing court orders to gain your release. If you violate an existing court order, you could face contempt of court charges, which might lead to additional fines and penalties.

What Are Common Situations in Which Bench Warrants Are Issued in New Jersey?

Judges in the New Jersey criminal justice system commonly issue bench warrants for the following legal violations:

• Failure to appear in court for arraignments, hearings, sentencings, or any other court-ordered appearances
• Failure to respond to a summons by the prescribed deadline
• Failure to pay fines as required by a court order or court-approved payment plan
• Failure to pay for or respond to multiple outstanding traffic tickets
• Contempt of court or other failures to comply with court orders
• Violations of bail, parole, or probation restrictions or requirements
• Violations of the terms of a court-approved restraining order
• Delinquent (late) child support payments
• Disruptive or threatening behavior during court proceedings.

How Long Does a Bench Warrant Last?

There is no set expiration date for bench warrants in New Jersey. Judges issue bench warrants to direct local law enforcement to arrest defendants for certain legal violations. Bench warrants generally remain in effect until one of the following happens:

• Law enforcement takes the defendant subject to the warrant into custody.
• A judge decides to recall the bench warrant for good cause.
• The defendant fulfills the conditions of the warrant or other court order.

How Can I Find Out If There Is a Bench Warrant for My Arrest?

Bench warrants are court orders, meaning they are open to the public and maintained in a statewide database. You can verify whether there is a bench warrant against you in three primary ways:

• Contact the court directly — One of the simplest methods is to call the local court system in which your case is pending and ask whether you are subject to a bench warrant. Keep in mind that the court might try to pin down your location or convince you to turn yourself in if you go this route.
• Reviewing online court records — You could also check your records online to search for an open bench warrant. Typically, you must provide your name and the appropriate court system to access these records. Remember that online records are not always updated regularly or easy to locate.
• Checking statewide warrant data — Finally, you could look directly into New Jersey’s statewide bench warrant database. However, you should know that most individuals cannot access this system independently, so you will likely need to work with a lawyer or bail bond agent with access to the system. Some third parties offer warrant database check services for a fee, but these services are often expensive and have no true guarantee of accuracy.

The best way to determine whether you are presently subject to a bench warrant in New Jersey is to contact a knowledgeable attorney. A lawyer can help you verify if you have a warrant, take steps to remove active warrants, and fight any charges against you.

How Is a Bench Warrant Different from an Arrest Warrant or Search Warrant?

In most cases, judges issue bench warrants when defendants fail to comply with court orders or procedures. Judges usually only issue arrest warrants, however, for criminal cases that are new or presently under investigation by law enforcement. New Jersey courts might issue arrest warrants in response to:

• Citizen complaints, such as those from victims of criminal activity
• Findings of probable cause from criminal law enforcement investigations
• Indictments from grand juries that have reviewed evidence from prosecutors.

When the court issues a search warrant, on the other hand, it effectively authorizes law enforcement to search your property. If police officers have no search warrant, the Fourth Amendment typically protects you from unreasonable search or seizure. New Jersey courts only issue search warrants after:

• Law enforcement presents evidence showing sufficient grounds for the search.
• The court has probable cause to believe that you possess property that you obtained illegally or intended to use for illegal purposes.
• A judge decides that law enforcement’s request for the search warrant is valid.

How Can a New Jersey Criminal Defense Attorney Help You?

Jason A. Volet could help you by determining whether you are subject to any outstanding bench warrants and working to have your charges reduced or dismissed entirely. Contact the Law Office of Jason A. Volet to learn more about your rights in a free initial consultation. We can help you review your legal records and find any outstanding bench warrants against you. Do not hesitate to contact us to discuss the details of your case in a completely confidential consultation.

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The outcome in a criminal court proceeding is not always as simple as guilty or not guilty. In many cases, the attorney for a first-time, nonviolent offender can get charges dismissed, typically through a diversion program designed to help certain offenders avoid jail.

Diversion programs are designed to keep juveniles or adult offenders who have a mental illness or substance abuse problems out of jail and prison. A 2015 report by the Center for Prison Reform found that 56% of those incarcerated in state prisons had a mental health problem and 16% had a serious mental illness. Some 53% of offenders in state prisons and 68% of those in local jails needed substance abuse treatment.

New Jersey is one of the country’s leaders for its emphasis on providing diversion programs instead of jail for qualifying offenders. Upon completion of a diversion program, charges are typically dismissed. In many cases, the criminal record can be expunged. If you are facing nonviolent criminal charges for the first time in New Jersey, you may qualify for a diversion program. Criminal defense attorney Jason A. Volet, who has offices in Freehold and Neptune, NJ, can discuss your prospects for entering a diversion program during a free initial legal consultation. If you qualify, he can help you present your case to prosecutors.

What Are New Jersey’s Diversion Programs?

Pretrial diversion programs offer an alternative to prosecution for people facing criminal charges. Those who qualify may enter a program of supervision and medical/social services administered by the court system. Participants who complete the program will have the charges against them dismissed. Unsuccessful participants will face prosecution.

Diversion programs are an option typically available to first-time offenders charged with nonviolent offenses.

New Jersey’s diversion programs include:

• Pretrial Intervention (PTI). Participants in the PTI program must meet conditions set by the court, which may include random drug screening, performing community service, mental health and/or drug and alcohol evaluations, and compliance with treatment recommendations. Supervision may last for up to 36 months.
• Drug Court. The drug court program is intended to help defendants overcome alcohol and other drug dependencies while resolving related criminal charges. Drug court programs are rigorous, with tightly structured regimens of treatment and recovery work. Participants must agree to frequent drug testing and court appearances, complete a treatment program, and maintain their recovery through 12-step programs. Drug court participants can also obtain counseling and other assistance with job training, education, and health care. The program can be completed in five years.
• Veterans Diversion Program. Active and retired members of the military services who have been accused of nonviolent crimes and who have been diagnosed with mental illness, or who law enforcement, family members or friends say have exhibited symptoms of mental illness, are eligible for mental health and addiction services through the Veterans Diversionary Program. The prosecutor decides who can get into the program and how long the veteran stays in the program.

New Jersey also offers probation programs to certain first-time offenders, allowing them to have charges dismissed or a conviction set aside, or to avoid incarceration:

• Conditional Discharge Program. This is a three-year probation program for first-time offenders charged with or convicted of a drug or drug paraphernalia-related disorderly persons or petty disorderly persons offense. The court may require participants to enter a residential treatment program. Upon fulfillment of the conditions of supervisory treatment, the charges are dismissed and not recorded as a conviction.
• Conditional Dismissal Program. This is a Municipal Court diversionary program for first-time offenders charged with certain petty disorderly persons or disorderly persons offenses. Participants must pay all restitution, court costs, and other mandatory assessments that would have been imposed had they been found guilty and sentenced on the charge. It is a 12-month program, which the court may extend for good cause. Upon entry into the program, a defendant’s guilty plea or conviction is set aside pending successful completion.
• Deferred Disposition. This is probation for juvenile offenders (under age 18) charged with minor offenses. Deferred disposition allows a juvenile to have their record wiped clean if he or she successfully completes probation. The juvenile offender will be assigned a probation officer and a time period during which he or she must meet certain conditions, such as no drinking or smoking, meeting a curfew, and maintaining a clean record. If the original charge involved drinking or marijuana possession, alcohol or drug testing may be required during the deferral. A deferral may be for up to a year.
• Intensive Supervision Program (ISP) / Juvenile Intensive Supervision Program (JISP). The ISP allows defendants who would otherwise be sentenced to state prison to work their way back into the community under intensive supervision if they can demonstrate their willingness and ability to adhere to the program’s strict guidelines. The JISP is similar. The program requires offenders to present a plan of work or community service so their return to the community will result in a positive social adjustment and not jeopardize the public’s safety. It requires frequent meetings with a probation officer and drug testing; full-time employment or vocational training; community service; a strict curfew; drug, alcohol, and psychological counseling if necessary and mandatory payments toward court fines, fees, and penalties, and restitution.

While our first strategy for clients charged with a crime is to try to get the charges dismissed, often this is not possible. In these cases, the next approach is to determine whether a plea bargain can be reached allowing an individual to enter a diversion program instead of going to trial.

Contact A New Jersey Criminal Defense Lawyer

Let New Jersey criminal defense attorney Jason A. Volet review the specific charges you face and help you obtain the best possible outcome for your case. At The Law Office of Jason A. Volet, we have the knowledge, experience, and personal relationships required to get New Jersey prosecutors to listen and consider what justice truly demands for remorseful defendants. Contact our dedicated legal team at 732-491-8477 to discuss the specifics of your case today.