by mcguirelawnjny | Dec 20, 2022 | Criminal Law
If you have ever been arrested or detained – regardless of whether you were later convicted – you now have a criminal record. This event remains in your permanent history and follows you wherever you go. There are many deficits of having a criminal record, which can negatively impact other areas of your life. It can affect your ability to get a job, rent or buy a home or enroll in school.
OPTIONS FOR A CLEAN SLATE
What you may not know is that you can take proactive steps to clear your criminal record. This process is known as “expungement.” If you have your criminal record expunged, it is as though the offense never occurred. It is removed from your police record, and it won’t show up in a background check.
What’s more, after the offense is cleared, you are legally permitted to state that it never happened. In job applications, for instance, this can be a real benefit – because many applications explicitly ask whether you have a criminal record. Following expungement, your legal answer to that question is “no.”
WHO QUALIFIES?
If the charges against you were dropped or if you were found not guilty, then you can apply for expungement. If you were convicted of a crime, many cases are still eligible for expungement – including indictable offenses, disorderly conduct, minor drug offenses and municipal ordinance violations. Most motor vehicle offenses and more serious crimes do not qualify for expungement.
SHORTER WAITING PERIODS
In New Jersey, the law surrounding expungement has recently changed, allowing you to apply for expungement sooner than before. You can file for expungement five years after completing your sentence for a criminal conviction (previously it was 10) and three years after completing your sentence for disorderly conduct (instead of five).
Whether you’re trying to avoid a conviction or wish to get an existing conviction or acquittal expunged, McGuire, Aziz & Associates can help. We offer free consultations and are ready to answer your questions. Call us today: 732-704-7331.
by mcguirelawnjny | Dec 20, 2022 | Criminal Law
The past month has brought a wave of changes to individual gun rights, affecting citizens in New Jersey and across the country. Amidst the frenzy of activity at both the Supreme Court and state levels, it can be difficult to stay up to date with all of the changes, let alone what these might mean for you. Below we’ve broken down what you need to know.
NEW YORK GUN LAW IS STRUCK DOWN
In the first major gun decision by the Supreme Court in more than a decade, the court struck down a New York gun law on June 23rd, 2022. The landmark ruling stated that the Second Amendment protects the rights of citizens to carry a handgun outside of the home for self-defense purposes. The New York law, in place since 1913, stated that citizens had a right to obtain a license to carry a firearm in public in a concealed manner – but only by first demonstrating a need to do so. The Supreme Court ruled this violated the Second Amendment.
Justice Clarence Thomas, who wrote for the majority, stated the following: “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.” The court’s six conservative justices were in the majority, with the three liberal justices in dissent.
While this decision struck down a New York law, the A.P. reports that about one-quarter of the country’s population lives in states that will likely be affected by this as well. Six states, including New Jersey, have similar laws in place with “justifiable need” requirements that will likely face immediate challenges.
THROWING OUT LOWER COURT RULINGS IN LIGHT OF THE JUNE 23RD RULING
Following this ruling, the Supreme Court then threw out a handful of lower court rulings upholding gun restrictions across several states on June 30th. In doing so, these cases were sent back to lower courts to now consider in light of the court’s recent ruling striking down the New York law.
Notably, these lower court rulings included bans on assault-style rifles in Maryland, bans on large-capacity firearm magazines in New Jersey and California and restrictions on openly carrying firearms in public in Hawaii.
WHAT THIS MEANS FOR NEW JERSEY GUN OWNERS
With these changes, NJ.com reports that state officials anticipate hundreds of thousands of new carry permit applications. In 2021, 503 gun carry permits were approved, while 26 were denied. However, 55,676 permits to purchase a handgun without carry privileges were approved in the same year, while 158 were denied. While gun owners will still need to obtain a permit to carry in public, there will no longer be a justifiable need to first demonstrate.
There could be more changes on the way for New Jersey citizens as well. Governor Phil Murphy and his administration have indicated they will work to identify ways to respond to the Supreme Court ruling to add new firearms restrictions. These could include identifying “sensitive places” where guns may not be allowed. And earlier in July, Gov. Murphy signed seven bills into law further tightening gun laws, including mandating firearm training in order to obtain a gun permit, requiring new out-of-state residents to register their firearms, cracking down on “ghost guns” and more.
New Jersey’s gun laws have been notoriously strict for years. However, recent changes at the Supreme Court level, coupled with changes at the state level, have made it easy for New Jersey gun owners to question what the law might now mean for them. It is important to understand your rights.
by mcguirelawnjny | Dec 20, 2022 | Criminal Law
Most people learn about the United States Constitution in school, but knowing what it says and understanding what it means are two different matters. All adults must know some fundamental rights that the Bill of Rights provides.
When your rights are violated, those violations can become an essential part of your criminal defense. It’s usually best to uphold these rights from the start of your interaction with law enforcement officers, but you have to know their practical application.
RIGHT TO AVOID SELF-INCRIMINATION
According to the Fifth Amendment, nobody has to incriminate themselves in a criminal investigation or trial. From the time the police officers start investigating a crime through the outcome of a trial, you have the right to remain silent. Law enforcement must read you your Miranda rights if you are in custody and an interrogation is starting.
You must invoke your Miranda rights by telling the cops that you wish to remain silent or that you’re invoking your Miranda rights. Once you do this, questioning has to stop completely. During a trial, you can say you “plead the Fifth” to avoid self-incrimination. You can’t pick and choose what you answer, so once you invoke this right, you must remain silent.
RIGHT TO AVOID UNREASONABLE SEARCHES AND SEIZURES
The Fourth Amendment sets limits for searches and seizures. It forbids unreasonable searches and seizures of private property or an individual. Typically, police officers need a search warrant to conduct a search or seizure. They must follow the limits set by that order. The exception is if something is in plain sight or you provide permission for the search.
To get a search warrant from the court, there must be probable cause. This means there’s evidence that a reasonable person would agree highly suggests that the subject committed the crime.
The professionals at the Law Offices Of Michael P. McGuire LLC are here to help people facing criminal charges. Contact us using our online form or by calling 732-704-7331 to schedule a free consultation to discuss your case.
by mcguirelawnjny | Dec 20, 2022 | Criminal Law
Your criminal record will follow you wherever you go. Depending on your criminal history and what you plan to do in life, it could prevent you from traveling, getting employed, getting housing or taking on loans. In short, one mistake could haunt you for the rest of your life.
However, when someone has a criminal record, they may request to have it expunged. Expungement is the act of erasing or removing a criminal record and public record – essentially, allowing those with arrest records, charges or even convictions on their records to regain a sense of freedom.
New Jersey expungement laws work differently than other states. Here’s what you should know:
ELIGIBILITY FOR EXPUNGEMENT
To have a record expunged, you must be eligible for the process. Only some crimes can be erased and, under New Jersey law, individuals who commit more than one indictable criminal offense may not be eligible for expungement.
The following are some crimes that cannot be erased and may jeopardize a criminal record expungement:
- Criminal homicide
- Kidnapping
- Robbery
- Aggravated sexual assault
- Perjury
- Child endangerment
- Homicide
- Arson
- Bribery
Typically, any form of disorderly persons offenses are eligible for expungement, however, the law can vary. There are five broad categories for expungement in New Jersey:
- Arrests that did not result in a conviction
- Juvenile delinquency crimes
- Young drug offender records
- Disorderly persons offenses
- Indictable criminal offenses
All five categories have strict timeframes in which the offenders must abide by, so it is important to understand when you are eligible to seek expungement and comply within that timeline.
BENEFITS OF EXPUNGEMENT
As stated above, expungement, ideally, removes a criminal and public record. The truth is that an expunged record is hidden from certain people’s eyes. In cases where it’s necessary, police and FBI may have access to a criminal record, but employers and banks may never know about your criminal history.
The purpose of expungement is to give criminal offenders another chance, even if that means certain records can be seen by a select few. With this in mind, after expungement, you may find that the public eye sees you as trustworthy again. This could, for example, allow you to enter certain occupations, apply for benefits, return to school or apply for loans.
You shouldn’t have to live your entire life in fear because of a mistake or something you did when you were still young. Call the Law Offices Of Michael P. McGuire LLC, now at 732-704-7331 so we can inform you of your options to wipe away your criminal record.
by mcguirelawnjny | Dec 20, 2022 | Criminal Law
Facing criminal charges at any point in the year is stressful but getting arrested over the holidays can be particularly overwhelming. Something that not everyone might realize is that certain crimes tend to spike over the holiday season. This can be due to any number of factors, including increased stress around the holidays, more time off, increased alcohol or drug use and more.
Let’s take a look at some of the offenses that can see a peak during the holiday season.
DUI/DWI ARRESTS
DUI/DWI stops are some of the most notorious crimes over any sort of holiday, including both summer and winter holidays, as well as any long weekend. There are typically greater police presences out on highways and other high-traffic areas, given the prevalence of drinking at family gatherings and on days off. Even using prescription medication and then getting behind the wheel can lead to accusations of impairment during a traffic stop. Getting pulled over on your way home from Christmas dinner can be one of the worst ways to spend the holidays.
THEFT CRIMES
New Jersey saw a notable surge in crime last December, leading the country in burglaries. According to a report analyzing FBI data, the state saw a 59% increase in burglaries in December alone. While theft crimes typically increase in the summer months, one reason for the increase in crime in the winter could be due to the number of beach homes in the state. While these are typically occupied over the summer, they’re more often empty in the winter, even over the holidays. Theft crimes of any sort carry serious penalties in New Jersey, from shoplifting to felony offenses.
DISORDERLY CONDUCT OR ASSAULT
Lastly, accusations of disorderly conduct or assault also tend to spike during the holidays. Disagreements at holiday parties, bars or private gatherings can quickly escalate, especially when alcohol or drugs are involved. Disorderly conduct charges can result from simply being deemed a public disruption, while assault charges can become very serious depending on the circumstances and the involved parties. Both crimes can result in fines, jail time, a criminal record and more.
If you’re facing criminal charges, it’s important to take action to fight the charges as soon as possible – rather than waiting until after the holidays are over. The attorneys at the Law Offices Of Michael P. McGuire LLC can start building your defense. Call 732-704-7331 or contact us online today.
by mcguirelawnjny | Dec 20, 2022 | Criminal Law
For generations, people have run scams, often under the guise of a legitimate business, to personally profit from the unsuspecting. In many cases, scam artists make their business by promoting a service or product that either supposedly boosts the buyer’s performance in some way or gives the buyer a chance to profit off of their investment. Unfortunately for many people, there’s often no return on their investment and many of their purchases don’t give them anything special.
One of the oldest scams, theoretically going back all the way to ancient Egypt, is the pyramid scheme. The purpose of the pyramid scheme is to convince parties with a pitch that states they’ll make a large return on their investment. This scheme, simply, allows someone at the very top of the pyramid to profit from every investor below them. In most cases, investors only make a marginal return on their investment by recruiting new investors, while the person at the very top profits from everyone else’s hard work.
Inevitably, the pyramid will collapse when investors struggle to recruit new parties and more and more people find out they’ve been duped. A pyramid scheme isn’t a one-size-fits-all method and may take on different guises. Here’s what you should know:
SIGNS YOU’RE INVOLVED IN A PYRAMID SCHEME
Pyramid schemes have a few basic themes. The following are signs that you might be involved in a pyramid scheme:
- You can’t place a value on a product
- The product has an outrageous price
- The price of a product is speculative
- The product is a basic good with a fancy name
- You’re required to recruit people to make a profit
- You were promised an easy or quick return on your investment
- You’re pushed to ask as few questions as possible
There’s no telling how many pyramid schemes are being run right now. History has seen many well-known pyramid schemes, such as the following:
- Multi-level marketing scheme (MLM): while an MLM is a legal business program, some pyramid schemes disguise themselves as MLMs
- Chain email: a list of emails asking for donations and to spread the email
- Ponzi scheme: an investment con that promised high returns for a low investment
A pyramid scheme is a fraudulent investment strategy that many people get involved in without realizing the legal ramifications. If you find you’re involved in a pyramid scheme, then you may need to know your legal rights.
