New Jersey’s New Expungement Law Change

On April 19, 2016, the law in New Jersey will radically change its expungement law allowing most non-violent felonies to be expunged after waiting five-years after released from incarceration or completion of probation.  However, the public interest standard still applies, and this is still at the discretion of the judge.
Without a public interest need the petitioner will still have to wait 10-years, after his or her release from jail or completion of probation which ever comes last.

Disorderly person’s offenses (or municipal court cases) the waiting period has been reduced from 5-years to 3-years.  Also, the new law allows certain people to expunge their successful completion of the drug court program, and the underlying conviction which facilitated their participation in the program.

Lastly, the new law allows judges to immediate expunged and seal all records regarding cases in which the defendant was a victim of identity theft.  This would also apply to the Division of Motor Vehicles (DMV) which must seal and expunge all division of motor vehicle records in which the motorist received the charge because his or her I.D. was stolen or forged.  In addition, the prosecutor can petition the court with the request of his or her criminal defense attorney, to rule that the defendant or motorist, was in fact, “factually innocent.”

It is important to note that there is no waiting period for the sealing of these records.  It is important to note that the expungement process can be complicated, and you are urged to consult an experienced criminal defense attorney.  Attorney Sanzone has 25-years of experience as a New Jersey criminal defense attorney.

Law Office of Vincent J. Sanzone, Jr., Esq.

P.O. Box 261, 277 North Broad Street
Elizabeth, N.J. 07207]
Tel: (908) 354-7006

CriminalDefenseNJ.com

Dated: January 29, 2016

Governor Signs New Law Increasing Monetary Compensation of Person’s Unjustly Convicted and Imprisoned.

Prepared by the Law Office of Vincent J. Sanzone, Jr., as a public service to the People.

Under N.J.S.A. 52:4C, a defendant who was unjustly convicted and served time in prison is now entitled to recover twice his or her annual salary, or $50,000.00 per year, which ever is greater, for each year unjustly incarcerated in prison.  In a lawsuit for wrongful conviction the law suit must be filed against the Department of Treasury.

However, the new law prohibits anyone from recovering any money if he or she pleas guilty to the crime in which he or she is imprisoned.  This twist in the new law will in effect eliminate payments to unjustly convicted defendants, because in New Jersey many innocent defendants take pleas to avoid lengthy prison sentences if convicted after a jury trial.  This is true because pleas to lesser included sentences sometimes eliminate draconian sentences and force innocent defendants to take pleas.  Unlike New York, New Jersey will almost never outright dismiss a criminal case.  In New Jersey prosecutors will extract some sort of plea, even if it means pleading to a disorderly person’s offense.  This new law will only promote the extraction of guilty pleas from innocent defendants.

Therefore, overall the change in the law will actual limit State liability, and gives no incentive for prosecutors to help insure that innocent people are not unjustly convicted and sent to prison for crimes they have not committed.  Therefore, the new law will make fewer defendants eligible for payments.

Law Office of Vincent J. Sanzone, Jr.

P.O. Box 261

277 North Broad Street

Elizabeth, N.J. 07207

(908) 354-7006

YourCivilRights@gmail.com

CriminalDefenseNJ.com

Dated: December 31, 2013

NJ Criminal Law Attorneys, NJ Criminal Law Lawyers, Bayonne Criminal law Attorneys, Bayonne Criminal Law Lawyers, Union County Criminal Lawyers, Elizabeth Union County Criminal Law Lawyers, Essex County Criminal Law Attorneys, Hudson County Criminal Law lawyers.

Does anyone know that in New Jersey the Age of Consent for All Sexual Offenses Has Increased to 18-Years of Age?

This Legal Public Service Blog Service Blog as Been Provided by the Law Office of Vincent J. Sanzone, Jr., Esq., Elizabeth, N.J.

On August 14, 2013 Governor Chris Christie signed a new child pornography law which defines a child as anyone under 18-years of age.  Previous to this new law a child (minor) was defined as anyone under the age of 16-years.  Now withe the new law a minor is defined as anyone under 18-years of age.  Therefore, anyone having sexual contact with a person under 18-years of age, including all endangering crimes is guilty of a crime.

Not only has the age of consent been increased by two-years, anyone convicted of such offenses are subject to the “No Early Release Act”, and must serve 85% percent of their sentence before they are eligible for parole.  The new law can be found at http://www.njleg.state.nj.us/2012/Bills/PL13/136_.PDF

The new law provides some of the following changes:

• Mandatory minimum prison sentences for anyone convicted of distributing at least 25 images of child pornography, with a first-time offender serving at least five years, and subsequent offenders up to 10 years.
• No early release sentencing for anyone convicted of engaging a child in pornography, to wit, must serve t 85 percent of their prison term (No Early Release Act).
• Removes any ambiguity with current law that is any sharing child pornography via computer file-sharing or peer-to-peer software is considered distribution rather than possession.
• It is now a 1^st degree crime for non-parents and guardians to engage a child in pornography. It already applies in that way to parents.
• Strict liability for watching pornography in which the actor is less than 18-years of age, regardless of the watchers knowledge of his or her age.  If the actor in the movie is under 18-years of age, and you watch it, you are guilty of viewing child pornography, even if the actor looks 35-years of age.

Now under this new law any person under the age of 18 commits a crime for engaging in a sexual conduct with another person under the age of 18, and could be charged and adjudicated as a “delinquent” in family juvenile court, and be subject to Megan’s Law for life.  Of course there will be selective prosecution for these types of cases, but is this the type of laws that will eradicate the evils of child pornography?  I think not.

If you are charged with any type of sexual offense such as child pornography, sexual assault, rape, illegal sexual contact, child endangerment, lewdness, indecent exposure, you must immediately retain the legal services of an experienced criminal defense attorney.  New Jersey criminal defense attorney has represented many people charged with such offenses and has obtained favorable results in these types of cases included one case that was won by the New Jersey Supreme Court, State v. Franklin Jack Burr.

Law Office of Vincent J. Sanzone, Jr., Esq.                   Telephone: (908) 354-7006