N.J.S.A. 2C:11-5.3 codifies a new strict liability vehicular homicide statute that was approved on July 21, 2017. Criminal homicide now constitutes strict liability vehicular homicide, as opposed to negligent homicide, when it is caused by a driver while intoxicated or operating a vessel under the influence of alcohol or drugs. Strict liability vehicular homicide is […]
Drug Court Expungements & The Public Interest: Part 4
The substitute also proposed to abolish the dual pathways to expungement under Chapter 52 – in which a person was presumptively entitled to expungement of an indictable offense after ten years, and eligible for expungement after as few as five years upon a public interest showing. Instead, persons would be presumptively entitled to expungement after […]
Drug Court Expungements & The Public Interest: Part 3
The bill was amended and merged into a committee substitute with other bills that proposed various amendments to Chapter 52, mainly to reduce the waiting periods for expungements. See Assembly Committee Substitute for Assembly Bill Nos. 206, 471, 1663, 2879, 3060 and 3108, 216th Legislature (Dec. 11, 2014) (Assembly Committee Substitute). With respect to Drug […]
Drug Court Expungements & The Public Interest: Part 2
We add that the public interest showing, based on the statute’s plain language, pertains only to convictions described in N.J.S.A. 2C:52-2(c)(3). If the person meets the public interest test regarding an identified third- or fourth-degree conviction, then his or her records do not include a conviction “barred from expungement” under N.J.S.A. 2C:52-2(b) or -2(c). The […]
Drug Court Expungements & The Public Interest: Part 1
On August 1, 2017, a three judge Appellate Division panel decided the case of I.M.O. of the expungement of the arrest/charge records of T.B., J.N.-T., R.C. The panel included former Monmouth County Criminal Presiding Judge Vernoia. The principle issue before the Court was whether Drug Court graduates who seek expungement under N.J.S. 2C:35-14(m) are required […]
Domestic Violence Amendments: Restraining Order
N.J.S.A 2C:29-9. Contempt. is amended to read as follows: b. In proceedings in which complaints for restraining orders have been filed, the court shall grant any relief necessary to prevent further abuse. In addition to any other provisions, any restraining order issued by the court shall bar the defendant from purchasing, owning, possessing or controlling […]
Domestic Violence Amendments: Seizure of Any Weapon/Firearm
N.J.S.A. 2C:25-28. Filing Complaint Alleging Domestic Violence in Family Part; Proceeding. is amended to read as follows: c. (2) The plaintiff may provide information concerning firearms to which the defendant has access, including the location of these firearms, if known, on a form to be prescribed by the Administrative Director of the Courts. (3) Information […]
Domestic Violence Amendments: Conditions of Sentencing
N.J.S.A. 2C:25-27. Conditions of Sentencing of Defendant Found Guilty of Domestic Violence. is amended to read as follows: c. (1) When a defendant is found guilty of a crime or offense involving domestic violence, the court shall inform the defendant that the defendant is prohibited from purchasing, owning, possessing, or controlling a firearm pursuant to […]
Domestic Violence Amendments: Mandatory Minimum Terms
Note that the unlawful possession of a firearm conviction carries not only mandatory jail time, but also a mandatory period of parole ineligibility. Thus, a domestic violence complaint with no underlying criminal offense can quickly provide the basis for a very serious criminal charge in cases in which the defendant delays in turning over their […]
Domestic Violence Amendments: Firearms
The recent changes to the domestic violence statutes regarding firearms require that any identification card and permit that has been issued to be immediately revoked and requires the court to establish a process for notifying the appropriate authorities of the revocation. It also requires a law enforcement officer to whom weapons are surrendered to provide […]
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