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Randolph H. Wolf Argues Successful Motion to Change Sentence in Municipal Court
Randolph H. Wolf represented a client who, from 1988 through 1998, received various motor vehicle violations in New Jersey, which resulted in numerous orders of suspension. Those violations included DWI convictions in violation of N.J.S.A. 39:4-50 as well as several convictions for driving while suspended in violation of N.J.S.A. 39:4-40. During sentencing, the courts ran the suspension periods for each conviction consecutively (or back-to-back), rather than concurrently (or
Apr 272 min read
New Jersey Criminalizes Cyber-Harassment
In response to the increase in the number of teenagers that have committed suffering as a result of online harassment and bullying, several states have passed laws criminalizing cyber-harassment, cyber-bullying, and cyber-stalking. New Jersey has long advocated for anti-bullying and anti-harassment laws. In fact, New Jersey passed the State’s first law that criminalizes cyber-harassment to address this increasing problem. The law passed both houses of the New Jersey legislatu
Apr 272 min read
Will a Prior Out-of-state DWI Conviction Enhance a Subsequent DWI in New Jersey?
Clients often inquire as to whether or not any previous out-of-state DWI convictions or other alcohol-related traffic violations will affect their New Jersey DWI matter. A previous out-of-state alcohol-related traffic offense can indeed affect the penalties that will be imposed in your current New Jersey DWI case. This is because the DWI penalties in New Jersey increase with each subsequent DWI conviction.
Apr 272 min read
Insurance and Liability Issues Facing Uber and Lyft Drivers
Ridesharing services such as Uber and Lyft have dramatically grown in popularity in New Jersey. These services pride themselves in making it easier and cheaper to obtain taxi services. Ridesharing services boast that they can operate at a cost of up to 50% less than the price of regular taxi cabs in some cities.
Apr 274 min read
Sentence Reductions for Federal Drug Crimes
On July 18, 2014, the U.S. Sentencing Commission unanimously decided to make retroactive an earlier change that lowered the offense levels for drug crimes by two levels. What this translates to is that roughly 50,000 drug offenders in federal prison will be eligible to have their cases reviewed by a judge for a sentence reduction. As a result, the Federal Bureau of Prisons has stated that it will immediately begin to notify inmates of their eligibility to apply for a sentence
Apr 273 min read
“Crime Spree” Convictions No Longer Eligible for Expungement in New Jersey
In order to expunge a felony conviction in New Jersey, an individual must not have been convicted of any “prior or subsequent crimes.” Thus, an individual cannot expunge a felony conviction if they have previously or subsequently been convicted of a felony conviction. While it is clear that individuals who have been convicted or sentenced for multiple felonies on multiple dates are not eligible for an expungement, questions nonetheless remain.
Apr 274 min read
Medical Reviews and Driver Reexaminations for Senior Drivers in New Jersey
Numerous factors can affect our driving skills as we age. Elderly drivers, for example, may experience declines in hearing, vision, memory, and reaction time, thereby hindering their ability to safely operator a vehicle. In order to evaluate drivers who might be unsafe, the New Jersey MVC has a Medical Fitness Review Unit. The Medical Fitness Review Unit is in charge of performing medical evaluations in order to determine if a driver is safe to operate a motor vehicle.
Apr 273 min read
Run a Red Light (N.J.S.A. 39:4-105) or Fail to Observe a Traffic Signal (N.J.S.A. 39:4-81) in New Jersey?
A ticket in violation of N.J.S.A. 39:4-81 (failure to observe traffic signal) is very similar to one for N.J.S.A. 39:4-105 (failure to stop for traffic light) and police officers typically write for either one of these violations when a driver runs a red light in New Jersey.
Apr 273 min read
Expunging Your Mental Health Commitment Record or Determination in New Jersey
Under certain situations, individuals in New Jersey can apply for the expungement of their mental health commitment records. The intent of these provisions is to eliminate any stigmas that might attach to a person who was committed to a psychiatric hospital. Expungement may be possible regardless of whether a commitment was voluntary or involuntary in nature. In addition, it may be possible to expunge determinations of dangerousness.
Apr 273 min read
Changing your Gender Marker on your Birth Certificate in New Jersey
The New Jersey lesbian, gay, bisexual, and transgender (“LGBT”) community faces a number of potential challenges that other communities do not have to deal with. In addition to prejudice, legal conundrums and gray areas unfortunately exist. As of 2015, same-sex marriages are recognized in New Jersey and across the county.
Apr 272 min read
Defense to a Refusal Charge in New Jersey: The Confusion Doctrine
There are very few defenses to a refusal charge in New Jersey. In order to be found to have refused a breath test in violation of N.J.S.A. 39:4-50.4, the State must prove four essential elements.
Apr 272 min read
Randolph H. Wolf Teaches Expungement Seminar on Behalf of the Monmouth County Bar Association
On December 4, 2015, Randolph H. Wolf was selected to teach an expungement seminar on behalf of the Monmouth County Bar Association. The seminar was taught to approximately 30-40 other New Jersey lawyers who were interested in learning more about expungements in New Jersey in return for continuing legal education (“CLE”) credit. During the lecture, Mr. Wolf talked about the expungement process in New Jersey, eligibility requirements, and recent expungement case law and develo
Apr 272 min read
What is Intellectual Property?
Even other lawyers have a difficult time understanding what exactly intellectual property law covers. There are three main categories that fall under the umbrella of intellectual property: patents, copyrights, and trademarks. Trade secrets are also encompassed within the area of intellectual property.
Apr 273 min read
Alternative to Expungement in New Jersey: Certificates of Rehabilitation (“COR”) Pursuant to N.J.S.A 2A:168A-1
Due to the numerous statutory requirements that exist in order to obtain an expungement in New Jersey, many individuals are unfortunately not eligible to have their record expunged. This can be due to the fact that they have a disqualifying conviction, have too many convictions, or because they have not yet met the time requirement for expungement.
Apr 272 min read
Appealing the Denial of a TSA Pre-Check or Global Entry Program Application Due to a Disqualifying Criminal History
According to the Transportation Security Administration (“TSA”) 3 to 5 percent of the roughly 30,000 monthly applicants that apply for the Pre-Check or Global Entry programs are rejected for various reasons. Many times, these applicants are rejected due to inaccurate or faulty information that surfaces during criminal background checks.
Apr 273 min read
Pharmaceutical Sales Representatives: How to Clean Your New Jersey Driving Record
As a Pharmaceutical Sales Representative, you know just how important it is to have a clean driving record, but you also know how difficult it is to keep it that way. Your position probably requires you to spend a significant amount of time in your car, or – as some Pharmaceutical Sales Representatives have described it – your “mobile office.”
Apr 273 min read
New Law for Drug Court Expungements
Several counties in New Jersey have implemented a Drug Court program. In Drug Court, the State and criminal defense attorneys work together to help non-violent drug offenders, who are often addicts, by rehabilitating them, as opposed to incarcerating them or imposing other harsh sentences. The theory is that, without appropriate treatment, these individuals are bound to come into contact with the criminal justice system again
Apr 273 min read
Early Expungements for N.J.S.A. 2C:52-3
You must generally wait 5 years to expunge a conviction for a disorderly persons offense (or misdemeanor) or a petty disorderly persons offense. Effective April 18, 2016, however, the expungement statute was amended to provide for an “early pathway” disorderly persons expungement. Pursuant to N.J.S.A. 2C:52-3, you can apply for expungement of a disorderly persons or petty disorderly persons offense after only 3 years – so long as certain conditions are met.
Apr 272 min read
Early Expungement Granted for Client Convicted of Unlawful Possession of a Weapon in New Jersey
The expungement attorneys at Wolf Law represented a client in successfully obtaining an “early pathway” conviction of her felony conviction for unlawful possession of a weapon in Ocean County, New Jersey.
Apr 273 min read
Early Termination of Probation in New Jersey
Clients often ask whether it is possible to be released early from probation. New Jersey law does give judges the authority to release defendants from probation early. Pursuant to N.J.S.A. 2C:45-2, the court, on application of a probation officer or of the defendant, or on its own motion may discharge a defendant from probation at any time.
Apr 272 min read
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