by mcguirelawnjny | Dec 20, 2022 | Uncategorized
The police pull you over. They suspect you’ve been drinking and driving. You’re placed under arrest and submit to a breathalyzer test at the station. The results show that your blood alcohol concentration (BAC) is over the legal limit. What happens now?
There’s a belief that breath test results are objective proof that a person was driving while intoxicated. Often, these results are the cornerstone of a prosecutor’s case. However, there has been a growing concern about the reliability of these tests. In addition to challenging the accuracy of the results, you can also question BAC results on other grounds.
POOR OR INADEQUATE TRAINING
Police officers must be appropriately trained in the use of a breathalyzer machine. They must also recertify their license to administer a breath test every three years. The results of a breath test might be inadmissible if the officer was not licensed to perform a test or if the officer’s license was not up-to-date.
IMPROPERLY MAINTAINED EQUIPMENT
Breathalyzer machines are sensitive pieces of equipment. Regular maintenance and proper calibration are essential. Failing to take these types of steps can lead to inaccurate results. You should have your attorney review the machine’s maintenance logs.
OTHER SUBSTANCES CAN SKEW THE RESULTS
Due to their sensitivity, breathalyzer machines can pick up on substances other than alcohol. A burp just before taking the test can cause more alcohol to be present in the mouth. Cough syrup and prescription medications that contain alcohol can also skew the results.
YOU’RE INNOCENT UNTIL PROVEN GUILTY
A failed breath test is not an automatic open and shut case. You have rights. An attorney can help you protect and defend those rights. Call our law firm at 732-704-7331 or contact us online to schedule a free initial consultation.
by mcguirelawnjny | Dec 20, 2022 | Uncategorized
In the United States, people are innocent until proven guilty. That means if you ever get arrested, you deserve a fair trial. You shouldn’t have to pay steep fines or endure lengthy prison stays unless a jury finds you guilty.
However, that’s not always how things work. The wheels of justice are always turning, but they don’t always spin at high speed. The result is that many people may spend days, weeks or months in jail before they can even defend themselves in court.
HERE’S HOW PRETRIAL DETENTION HEARINGS WORK
New Jersey’s old cash bail system for pre-trial release was flawed. It was functionally biased and often led to the detention of low-risk, poor suspects, even as it allowed dangerous, high-risk, wealthy suspects to leave the jails and commit additional crimes. Accordingly, the system was replaced in 2017 by one that awarded pretrial release based on a set of risk factors, including:
- The suspect’s age
- Any prior history of arrests or convictions
- Prior sentences
- Prior failures to show for court hearings
These factors are rooted in studies that speak to their effectiveness. Judges look at them in two ways. They examine the risk that the suspect won’t show for the hearing, and they see how likely the suspect is to commit additional crimes.
However, the data don’t always tell the whole story. People aren’t simply collections of ages, facts and past events. That’s why the courts allow suspects to bring defense attorneys to argue in their favor. Defense attorneys may argue that a higher score doesn’t tell the suspect’s full story. Or they may argue that a suspect’s low score doesn’t just suggest he or she should go free until trial but should also leave prison under a low level of supervision.
WHY PRETRIAL DETENTION HEARINGS MATTER
If you are arrested, the judge at your pretrial detention hearing will determine whether you can leave jail until your next court appearance or if you must stay in prison. Additionally, the judge will decide how closely to observe you. The various levels include:
- ROR—no pretrial observation
- PML 1 – monthly phone reporting
- PML 2 – monthly in-person and phone reporting, plus monitoring conditions such as curfew
- PML 3 – weekly in-person and/or phone reports, plus monitoring conditions
- PML 3 plus electronic monitoring or home detention – as PML 3, plus GPS monitoring or confinement to the home
In other words, it’s not just the suspect’s freedom that’s at stake; it’s the level of that freedom. And if you don’t think this is an important part of fighting for your freedom, consider the fact that, in 2002, 29% of all people in jail were sitting in pretrial detention. The numbers aren’t as clear since 2002, but recent estimates suggest that pretrial detentions may account for nearly two-thirds of the current prison population.
Pretrial freedom is good for its own sake, but it’s also important for the long run. Studies have shown that people kept in jail ahead of trial are more likely to suffer in other ways. They are more likely to:
- Plead guilty
- Get convicted
- Go to jail
- Receive harsher prison sentences
Added to these facts is the fact that Black and brown suspects face systemic bias. They receive more than their share of pretrial detention. More than most, they want their defense attorneys to help them overcome their barriers to justice.
EVERY HOUR COUNTS
It’s easy to think that justice is all about the trial. Will you walk free or go to jail? But the truth is that the justice system is far more complex and onerous than most may know. The first 48 hours after an arrest are critical, and you want to understand your rights and your options. If you aren’t immediately sent home, you likely want to give your attorney time to review and represent your case at your pretrial detention hearing.
Call the Law Offices Of Michael P. McGuire LLC, at 732-704-7331 for a free consultation. Se habla español.
by mcguirelawnjny | Dec 20, 2022 | Uncategorized
Your marital union ruptured, and your spouse moved out of the house. You tried several sessions of therapy, hoping to salvage your marriage. However, the “temporary” fix from that experience did not last. You think long and hard about your next steps, considering your children, your emotional state and your financial state.
It is time to file for divorce. Since you have no experience with this subject, you wonder what to do as you have many questions. You ask friends about divorce, read books about the subject, and just hope that your children will not be affected too much by what has happened. Besides divorce, you wonder about child custody matters, too.
GET A LEGAL ALLY, DETERMINE BEST INTERESTS OF CHILDREN
When filing for divorce in New Jersey, it is important to understand what will happen and what you will need to do. The to-do list includes:
- Contact an experienced family law attorney. It is not recommended to go this alone with a “do-it-yourself” divorce. Get references, ask questions and find an ally, who will lead you toward resolution.
- File your divorce complaint in the county court where you reside. This becomes the official record and start of a pending divorce.
- Serve divorce papers to your estranged spouse. Typically, people hire process servers, who often deliver the documents at night-time.
- Appear at any initial legal proceedings. This likely takes place in the county courthouse where you filed for divorce.
- Work with an attorney and choose the path you hope will provide the best solution. Pursuing mediation is a good step and may take a couple of sessions with different mediators. Here is where you want to hammer out agreements regarding finances, child support, child custody, spousal support and more. Mediation should take less time and is much less costly than going to trial.
- Child custody matters must become a priority. You, your estranged spouse and your respective attorneys must determine what is in the best interest of the child. Working on custody arrangements and visitation is a crucial part of a divorce plan. Will it include sole custody or joint custody? Child custody and child support are closely related and require great attention.
You must understand the importance of protecting yourself and your children. Ensuring an equitable financial settlement and an agreeable child custody arrangement are among the issues addressed in divorce cases. And they represent some of the most important dealings, too.
DON’T WAIT TO GET STARTED
Contacting an attorney early on can help you to get organized from the start. At the Law Offices Of Michael P. McGuire LLC, attorney Michael McGuire represents clients throughout New Jersey. Contact the Freehold office online or by calling 732-704-7331 to schedule a free initial consultation.
by mcguirelawnjny | Dec 20, 2022 | Uncategorized
During your marriage, you and your spouse likely acquired property and assets together. From your home to your vehicles, from collectibles to financial accounts, your marital estate may be significant. Yet, if you two are now divorcing, you will have to divide these assets, and you will likely feel concerned about the share you will receive. By learning how New Jersey approaches property division, though, you will have a better idea of what you may be entitled to and what to expect.
UNDERSTANDING HOW EQUITABLE DISTRIBUTION WORKS
Like most states, New Jersey is an equitable distribution state. Equitable distribution rules dictate that marital property will divide in a manner fair to the circumstances of each party in a divorcing couple. This division is unlikely to be an even 50/50 split.
If you and your spouse are litigating your divorce, the court will divide your marital property by weighing factors related to your marital standard of living and future circumstances. If you and your spouse work out your own property division agreement, the court will still use these factors to determine whether to approve it. In either case, these factors include:
- How long your marriage lasted
- The value of your marital property
- Whether you and your spouse have a written agreement – like a prenuptial agreement – that sets forth how you would divide your property
- Whether you and your spouse have any debts
- Your and your spouse’s age and health
- Your and your spouse’s contributions – both economic and noneconomic – to your marital property
- Your and your spouse’s current economic circumstances
- Your and your spouse’s income and earning capacity
- Your marital standard of living
UNDERSTANDING WHAT COUNTS AS SEPARATE PROPERTY
Certain assets that you and your spouse own will count as separate property and will remain indivisible in your divorce. Among these assets are those that both of you held before your marriage, unless you commingled them, as well as those you acquired after filing for divorce. Any inheritance that you or your spouse received during your marriage will count as separate property as well. And any gifts you or your spouse received during your marriage will also likely qualify as separate property, except for those made between you two.
Attorney Michael McGuire represents clients throughout the state of New Jersey. Contact the Freehold office of Law Offices Of Michael P. McGuire LLC by sending an email or calling the office directly at 732-704-7331.
by mcguirelawnjny | Dec 20, 2022 | Uncategorized
Getting pulled over on suspicion of drunk driving can be a frightening experience. If this is your first offense, you might have many questions on potential DUI/DWI consequences to come. Will you be able to keep your driver’s license? Will you have to go to jail?
New Jersey changed its drunk driving law in late 2019, which drastically changed how the state treats drunk driving convictions – especially for first-time offenders. Here is what you should know:
CONSEQUENCES FOR A FIRST-OFFENSE DUI
If you find yourself facing DUI/DWI charges, you need to know what consequences you’ll face if convicted. Penalties for a first-time DUI charge in New Jersey for blood alcohol content (BAC) between .08% and .10% include:
- A fine of $250-$400
- Up to 30 days in jail
- The suspension of your driver’s license until you install an ignition interlock device
- Having an ignition lock installed for three months
- An auto insurance surcharge of $1,000 per year for three years
If your blood alcohol content was more than .10% and less than .15% for a first offense, you’ll face these penalties:
- A fine of $300-$500
- Up to 30 days in jail
- The suspension of your driver’s license until you install an ignition interlock device
- Having an ignition lock installed for seven to twelve months
- An auto insurance surcharge of $1,000 per year for three years
You may also be required to complete between 12 and 48 hours of participation with the Intoxicated Driver Resource Center (IDRC), regardless of whether your BAC was .08% or 0.14%.
IGNITION INTERLOCK DEVICES: WHAT ARE THEY?
The law change notably eliminated driver’s license suspensions in many situations, instead favoring the installation of ignition interlock devices. However, it is important to note that even upon a first offense, your driver’s license will still be suspended for a period of three months to up to one year, depending on the details of the arrest, until you install an ignition lock in your vehicle. These devices prevent the driver from operating their vehicle with a BAC of more than .05%, acting as a sort of “everyday breath test.”
A CONVICTION CAN HAVE LONG-TERM EFFECTS
DUI/DWI convictions not only come with potentially fines, jail time and the installation of an ignition interlock device. A conviction can limit future employment options, as well as other opportunities. Subsequent offenses come with increased penalties and additional consequences.
Because of how much a DUI conviction can impact your life, you should consult a criminal defense attorney when facing drunk driving charges. You can call our law firm at 732-704-7331 or contact us online to schedule a free initial consultation to see how we can help you.
