FAQ
Criminal Defense FAQ
Answers from Experienced Bergen County Criminal Attorneys
If you have a question or would like to speak with an attorney about your charges, call us at (201) 488-7707.
Bergen County DWI Defense
What happens after a first-time DWI arrest in Bergen County, NJ?
A first-time DWI can bring fines, license suspension, and possible jail time depending on your BAC and your prior history. You'll also face potential mandatory classes and the installation of an ignition interlock device. A lawyer can often challenge the stop or breath test.
Will I lose my license for a DWI in New Jersey?
Yes, possibly. The length of suspension depends on your BAC and prior history. You may qualify for restricted driving with an ignition interlock device which would not involve a license suspension.
How much are the fines and surcharges for a DWI conviction in NJ?
Fines can range from $250 to over $1,000, plus court costs and an annual MVC surcharge of $1,000 for three years.
Do I need an ignition interlock device for a first offense in NJ?
Yes. Even first-time offenders with a BAC of .08-.10% must install one for at least 3 months. Higher BACs mean longer ignition interlock periods.
Can an out-of-state driver be charged with a DWI in New Jersey?
Yes. NJ can suspend your privilege to drive in-state, and your home state may also take action once notified.
Is jail time possible for a DWI in Bergen County?
Yes, but it's rare for first offenses. Multiple offenses increase the risk of mandatory jail time.
How long does a DWI stay on your record in NJ?
DWIs are not criminal offenses in NJ, but they stay on your motor vehicle record permanently.
Can a DWI in NJ be expunged?
No. DWI is considered a traffic offense, not criminal, and cannot be expunged.
What defenses exist for fighting a breathalyzer result in New Jersey?
Issues with machine calibration, officer training, administration of field sobriety tests, administration of the Alcotest or the stop itself can all be challenged.
What should I do if I'm stopped for suspected drunk driving in Bergen County?
Stay calm, be polite, provide documents, and call a lawyer immediately after release.
Criminal Defense in Bergen County
What's the difference between a felony and a disorderly persons offense in NJ?
“Indictable offenses” are the NJ equivalent of felonies. They're more serious and handled in Superior Court. Disorderly persons offenses are like misdemeanors and are punishable by up to six months in jail and are heard in Municipal Court.
What happens at a first court appearance in Bergen County Superior Court?
You'll be advised of the charges, your rights, and bail conditions may be set. A lawyer can often negotiate at this stage.
Do I need a lawyer for a disorderly persons charge in New Jersey?
Yes, an attorney is recommended. Even though it's “minor,” these charges can carry jail, fines, and a criminal record.
Can I get probation instead of jail for a criminal conviction in NJ?
Often yes, especially for first-time offenders or lower-level crimes. Judges consider background, severity of the crime, and risk to the public and risk to re-offend.
How long does the criminal process take in Bergen County?
Cases can take weeks for minor charges or over a year for indictable offenses. Plea deals may speed things up.
Can a criminal record in New Jersey be cleared or expunged?
Yes. After a waiting period, many offenses can be expunged, though some serious crimes can't.
What is pre-trial intervention (PTI) in New Jersey?
PTI is a diversion program for first-time offenders. If you complete it successfully, your charges are dismissed.
What are the penalties for shoplifting in NJ?
Penalties range from fines and probation for small amounts handled in Municipal Court to felony-level charges for larger thefts handled in Superior Court.
How do Bergen County prosecutors handle drug possession cases?
Small amounts may qualify for conditional discharge or fines and other penalties. Larger amounts can mean indictable charges and potential jail.
Can police search my car in NJ without a warrant?
Not usually, but exceptions exist (probable cause, consent, or plain view). These searches can often be challenged.
Restraining Orders in New Jersey
What's the difference between a TRO and FRO in NJ?
A Temporary Restraining Order (TRO) is short-term protection until a court hearing. A Final Restraining Order (FRO) is permanent unless lifted by a judge.
How do I fight a restraining order in Bergen County Superior Court?
By presenting evidence, witnesses, and showing that the alleged abuse didn’t happen or doesn’t meet the legal standard of preponderance of the evidence.
What happens at a restraining order hearing in NJ?
Both sides present evidence before a judge. The judge decides whether to dismiss the TRO or enter a permanent FRO after considering the evidence and making a finding that a predicate act of domestic violence has occurred and that a restraining order is necessary to prevent future acts of domestic violence.
Can a restraining order in NJ be dropped or appealed?
Yes, either by the plaintiff asking the court to drop it, or by appealing a judge's decision.
Will a restraining order show up on a background check in New Jersey?
Yes. An FRO is entered into state and federal databases and can appear on background checks.
Does a restraining order affect child custody in NJ?
Yes. Judges take restraining orders seriously in custody decisions. An FRO can limit visitation or custody rights.
Can a restraining order affect my job or professional license?
Yes. It may impact jobs that require clear background checks or security clearance and may affect professional licenses.
How long does a restraining order last in NJ?
A Final Restraining Order lasts indefinitely unless a judge vacates it.
Can a restraining order restrict my right to own firearms?
Yes. If an FRO is entered, you must surrender firearms and cannot buy new ones.
What should I do if I was falsely accused and served with a TRO in Bergen County?
Contact an attorney immediately. Presenting evidence and testimony at the hearing is key to protecting your rights.
Expungements in New Jersey
What crimes can be expunged in New Jersey?
Most disorderly persons offenses and many indictable offenses, and juvenile records can be expunged. Serious violent and sexual crimes cannot.
How long do I have to wait before filing for an expungement in NJ?
It depends on the offense — often 5 years for indictable crimes and 3 years for disorderly persons.
Can a DWI be expunged in New Jersey?
No. DWI is a traffic offense and is not eligible for expungement.
What's the process for filing an expungement in Bergen County?
It involves filing a petition, notifying law enforcement agencies, and a court hearing. A lawyer can guide the process.
How much does it cost to get an expungement in NJ?
Court filing fees are free if you use the courts Expungement System plus legal fees if you hire an attorney.
How long does an expungement take in New Jersey?
Usually 6-9 months, depending on the court's backlog and the complexity of the case.
Can I expunge multiple charges at once in NJ?
Yes, depending on your record and eligibility rules.
Do I need an attorney to file for an expungement in NJ?
Not legally required, but the process is technical. Mistakes can delay or deny your petition.
Will an expunged record still show up for law enforcement in New Jersey?
Yes. Police, courts and government can still see expunged records, but the public and private employers cannot.
Can juvenile records be expunged in NJ?
Yes. Many juvenile offenses can be expunged, often with shorter waiting periods than adult cases.