Sutnick & Sutnick Attorneys at LawCriminal Defense Lawyers | Hackensack, Bergen County2024-03-08T16:34:09Zhttps://www.sutnicklaw.com/feed/atom/WordPressOn Behalf of Sutnick & Sutnick Attorneys at Lawhttps://www.sutnicklaw.com/?p=501862023-12-07T17:32:00Z2023-12-07T17:32:00ZRising tides of shoplifting
During the holidays, bustling malls and crowded stores create an environment where shoplifting can thrive. In a recent survey, 53% of small retailers said shoplifting and theft increase during the holidays. The sheer volume of shoppers provides cover for those with ill intentions, making it easier for them to slip away undetected. Retailers often find it challenging to keep a close eye on every corner of their establishments, offering opportunistic shoplifters a window to commit their acts.
Preventing shoplifting incidents
To combat the rise in shoplifting, retailers in New Jersey implement various preventive measures. Heightened security, visible surveillance and strategically placed staff can act as deterrents. Additionally, stores often rely on electronic tags and alarms to discourage potential thieves.
What to do if caught shoplifting
If your child finds themselves caught shoplifting, it is important to remain calm and cooperate with store personnel. Attempting to flee or resist can escalate the situation and result in more severe consequences. Accept responsibility for the actions and follow any instructions given by store security or management. After the incident, you can explore your options and find answers to your many questions.
Youth shoplifting can happen for many reasons, from giving in to peer pressure or trying to garner attention. When an incident happens, there may be options to ensure a better outcome as well as create a memorable learning experience for your child.]]>On Behalf of Sutnick & Sutnick Attorneys at Lawhttps://www.sutnicklaw.com/?p=501852023-09-25T15:55:46Z2023-09-25T15:55:46ZDrinking responsibly
Preventing drunk driving is crucial to protect the safety of everyone on the road. Responsible decision-making and foresight are key. When holding an event with alcohol at home, it is generally safer for guests to stay overnight when possible. Party hosts should prevent intoxicated guests from getting behind the wheel by taking their keys or helping them find a sober ride home. Before a night out on the town, a group can designate one friend to remain sober and drive everyone around. It is also possible to arrange for rideshare services in advance.
Dangers of driving while drunk
Drunk driving poses significant risks on the road, with about 31% of all traffic crash fatalities in the United States involving intoxicated drivers. When individuals choose to drive after consuming alcohol, they do so with impaired judgment and reaction times. This inebriated state can lead to a higher likelihood of accidents and even fatalities. Drunk driving not only endangers the driver's life but also puts passengers, pedestrians and other road users at grave risk.
First-time DWI penalties
It is also important to stay sober when driving because DWI charges can lead to serious legal consequences. For drivers with no prior convictions within the past decade, a DWI in New Jersey can result in fines ranging from $250 to $400 and a driver's license suspension lasting up to 3 months. A jail sentence of up to 30 days is also possible. Anyone convicted of a DWI must undergo alcohol and drug screening, followed by participation in an Intoxicated Driver Resource Center program based on the results. Each day spent in the IDRC incurs a $75 fee, but the days completed can also count towards the offender's jail sentence.
In New York, the penalties for a first-time alcohol DWI are similar. A conviction can lead to fines as high as $500, a 90-day license suspension and a maximum sentence of 15 days in jail. However, a drug-related DWI in New York could result in much harsher consequences, including ignition interlock requirements and jail sentences lasting up to one year.
Safer driving practices, including responsible alcohol consumption, are essential for preventing harm and avoiding legal trouble.]]>On Behalf of Sutnick & Sutnick Attorneys at Lawhttps://www.sutnicklaw.com/?p=501642023-06-01T19:05:02Z2023-06-01T19:05:02ZYou do have to provide a driver’s license
Traffic stops are one situation in which you actually do have to identify yourself to the police. You have to give them your driver’s license, and you should be able to show them your proof of insurance and registration.
The reason for this is simply that it is illegal to drive without a valid license, without a car that has been registered with the state and without insurance. Anyone who gets behind the wheel is supposed to know that they are accepting these conditions and that they are bound by these constraints of the law. Therefore, if the police ask you to identify yourself and you refuse to do so, they do have the right to arrest you for driving without a license.
That being said, even if you have to identify yourself, you don’t have to answer any of the other questions the police ask. If you find yourself facing charges or under arrest, it’s wise to know exactly what rights you have and all of your legal defense options.]]>On Behalf of Sutnick & Sutnick Attorneys at Lawhttps://www.sutnicklaw.com/?p=501632023-05-05T19:56:54Z2023-05-08T19:56:35ZYour right to remain silent
The most important right you can exercise when police ask to search your vehicle or house is your right to remain silent. Without a warrant, an officer cannot rightfully search your property unless they have a reasonable cause to believe that illegal activity is occurring or if you offer your consent. Choosing to remain silent ensures that you will not inadvertently consent to a search or implicate yourself in a crime.
Your rights against a wrongful search and seizure
If a police officer conducts a wrongful search and seizure in your vehicle or on your property, you have the right to contest the validity of that search in court. Keep in mind that you are also under the protection of the exclusionary rule, a provision of the Fourth Amendment which states that a court shall not recognize evidence obtained as a result of a wrongful search and seizure.
When the police ask to search your vehicle or house, your best course of action is to invoke your right to remain silent. It is not wise to resist a search, but take heart in knowing that the law protects you from any incrimination that may result from a wrongful seizure.]]>On Behalf of Sutnick & Sutnick Attorneys at Lawhttps://www.sutnicklaw.com/?p=501622023-05-05T19:53:38Z2023-05-05T19:53:38Zjuvenile court. Learning more about when a case goes to juvenile court and what the process entails thereafter will help you know what to expect if a juvenile family member stands accused of a crime.
When does a case go to the juvenile court?
An individual must be under the age of 18 upon the filing of a criminal charge against them to be eligible for trial in the juvenile court. Juveniles charged with a felony offense, however, will go to adult court. Even as a juvenile, those who are under 18 that go to adult court under felony charges will receive treatment equivalent to what an adult would receive when charged with such a grievous offense.
What treatment can juveniles expect when charged with a crime?
The court process after the filing of a criminal charge against a juvenile follows typical procedures of investigation, court appearances and trial proceedings. However, a juvenile receives special treatment as a minor that entails protection from any sentencing to prison or juvenile detention for more than three years. The juvenile court also guarantees confidentiality for the minor and places a focus on rehabilitation over punishment.
The law recognizes that juveniles should receive a chance to correct their behavior while also experiencing sufficient consequences for their actions. Though the juvenile court is less severe than the standard adult courts, it is still important to prepare a competent criminal defense.]]>On Behalf of Sutnick & Sutnick Attorneys at Lawhttps://www.sutnicklaw.com/?p=501382023-01-06T19:30:55Z2023-01-06T19:30:55Zbuild your DUI defense before your court date.
Call your boss
A drunk driving charge may affect your employment, especially if your position requires you to drive. However, you should be honest with your employer about your situation. If you give your bosses time to make arrangements, they may be willing to help you return or provide a reference for your next opportunity.
Record the details of the arrest
When your case goes before a judge, the arresting officer will arrive with their version of the event. To refute that evidence, you need to come with facts of your own. Take time to write down as much as you can remember about your encounter with law enforcement, including the following details:
How many drinks you had that day
The time of your last drink
The date, time and location of the traffic stop
The officer’s reason for pulling you over
The type of testing the officer performed
A list of witnesses who can support you
See your doctor
If you performed poorly on a field sobriety test, there may be a reason other than your alcohol consumption. Conditions including anxiety, ear problems or high blood sugar can negatively impact results. Additionally, certain chronic ailments, such as acid reflux or GERD, can cause false readings on breath test devices. Ask your doctor for a record of your medical conditions that may have led to your DUI arrest.
It is important to not lose hope after a DUI arrest. Learn about New York and New Jersey laws as well as possible defenses to DUI charges.]]>On Behalf of Sutnick & Sutnick Attorneys at Lawhttps://www.sutnicklaw.com/?p=501372023-01-17T20:14:01Z2022-12-28T19:39:03Zfederal crime can have severe consequences for those involved, as well as for the communities that suffer from it.
Despite the risks, many people are still tempted to get involved in drug trafficking. The United States Sentencing Commission reported that drug trafficking cases went up by 7.4% in 2021. The legal ramifications of this activity are significant.
Penalties for drug trafficking
A drug trafficking conviction can lead to large fines and a long prison sentence. If the activity results in serious injury or death, a person could even get life imprisonment. Fines can go up to $20 million for trafficking harder drugs such as meth, fentanyl and cocaine. These penalties can worsen for repeat offenders.
Penalties for related crimes
To traffic drugs successfully, a person often has to commit other crimes as well. For example, a person may use a communication center to facilitate drug transactions, or a person may set up premises to manufacture and distribute drugs. These crimes can lead to additional charges and penalties.
Consequences of a criminal record
When a person has this kind of charge on his or her record, finding employment can be very difficult. A drug trafficking charge could also hinder other privileges such as travel and access to benefits. This is especially the case if an individual winds up with a first-degree felony, which is common with drug trafficking.
It can be hard to break free from the cycle of drug abuse and crime, so people involved in drug trafficking should rethink what they are doing early on. The money and the thrill are not worth the risks.]]>On Behalf of Sutnick & Sutnick Attorneys at Lawhttps://www.sutnicklaw.com/?p=500902022-08-17T18:54:00Z2022-08-17T18:51:24ZNo one wants police to show up at their door to question them about a drug crime. It can be scary and intimidating. But if you do find yourself in this situation, knowing what you shouldn't say to officers can help you navigate the conversation as peacefully as possible and protect your rights.
"Sure, come on in."
If police officers do not have a warrant, you do not need to let them in your home to search it. There are exceptions, like emergencies and exigent circumstances. However, in general, you can say no if police ask to come inside to search or ask you questions.However, officers have several ways they may try to get inside. They might say things like, "If you have nothing to hide, you should let us in," or "It's pretty hot out here; could we talk inside?" But you can say no to them. If you do speak with them, step outside to do so and close the door behind you.
"I'll hurt you and your family."
Making any threats to a police officer is not likely to end well for you. In fact, threatening them could result in assault charges. Even if you don't touch the officer or physically hurt someone, you can be charged with menacing or making threats.Further, saying you'll come after the officer or their family can escalate an already tense situation. Under these circumstances, police can become (even more) unwilling to speak with you respectfully and calmly.
"Yes, I can answer some questions for you."
You may not be in the police station, but police are still trying to get information about a crime when they ask you questions at your home. Whether these questions concern you, your child or someone else who lives with you, you have the right to refrain from answering them.For instance, you need not answer questions like how you pay for your home, where your spouse was two nights ago or whether you use any drugs. You can respectfully decline to answer to avoid offering up information police can later use against you or someone you love.Whatever the case may be, if the police show up at your door, stay calm, be respectful and contact an attorney.]]>On Behalf of Sutnick & Sutnick Attorneys at Lawhttps://www.sutnicklaw.com/?p=495832022-06-06T16:06:58Z2022-06-06T16:06:58ZCountries with stringent drunk driving laws
Your adult child may struggle to enter these countries with a DUI:
Canada: Canada has some of the strictest drunk driving laws in the western world. Anyone convicted of a DUI in the last ten years can't enter Canada unless they get a temporary or permanent waiver from Canadian officials. However, your adult child is unlikely to get one if you only visit the country on vacation.
Mexico: Like Canada, Mexico also has stringent drunk driving laws. American citizens with a DUI have entered Mexico successfully. However, if you're traveling to Mexico this summer, you may be gambling on your adult child's ability to enter. While Mexican officials can't access US criminal records the same way Canadian officials can, they can uncover DUI charges through internet searches and court record databases.
United Arab Emirates: No specific law prevents travelers with a criminal record from entering the United Arab Emirates (UAE). However, locals often disapprove of alcohol-related offenses, so your adult child's ability to get through customs may depend on the immigration officer they encounter.
New Zealand: New Zealand is known for strict drunk driving policies. If your adult child enters the country with a DUI, immigration officials may turn them away. Or, they may require your child to obtain a good character waiver to grant them entry.
A DUI can disrupt more than your family vacation
Few people facing DUI charges worry about their travel plans. Most wonder if they will face jail time or lose their licenses. Still, the fact that many countries turn people away with DUI convictions shows how far-reaching the secondary consequences can be.]]>On Behalf of Sutnick & Sutnick Attorneys at Lawhttps://www.sutnicklaw.com/?p=499842022-05-06T14:32:54Z2022-05-06T14:32:54Zpenalties for people who are charged with their first DWI.
BAC between .08% and .10%
People who have a BAC between .08% and .10% may be fined between $250 and $400. Jail time is at the discretion of the Judge, but it cannot exceed 30 days. People will also have their driver’s license suspended for three months. They will also be ordered to complete a 12-hour intoxicated driver class at a minimum. People may also be ordered to install ignition interlock in their vehicle for a period of time.
BAC at or above .10%
If people have a BAC at or above .10%, the fine is increased and may be between $300 and $500, but the potential jail time stays the same. The driver’s license suspension also increases to between seven months and one year. People may also be ordered to complete an intoxicated driver class between 12 and 48 hours as well as potentially being ordered to install an ignition interlock device in their vehicles.
The penalties for a first-time DWI in New Jersey can be significant. However, people will only face these penalties if they are convicted of the crime. Being charged does not mean that people are automatically guilty. There may be defenses available to people which can help them avoid these potential consequences. Experienced attorneys understand the defenses and could help protect one’s rights.]]>