Blog | Gregg A. Wisotsky, Esq.

Drug Trafficking and Possession With Intent to Distribute Differences

August 16, 2021 by Gregg Wisotsky, Esq. Leave a Comment

There were an estimated 1.5 million arrests for drug law violations in the United States in 2019. Drug trafficking and possession with intent to distribute are different crimes in New Jersey in spite of their similarities. If you face charges of either, it’s important to retain an experienced Morristown criminal defense lawyer to protect your rights.

Which Drugs Are Considered Controlled Dangerous Substances?

There are certain criteria that a drug must meet in order to be considered an illegal controlled dangerous substance. In general, drugs that serve no medical purpose that are at a higher risk of being abused are especially relevant. Drugs that are commonly involved in drug cases include the following:

Cocaine
Heroin
Cannabis
LSD
Methamphetamines
Ecstasy
Oxycodone
OxyContin
Adderall
Ritalin
Valium
Vicodin
Xanax

What Are New Jersey’s Drug Distribution Laws?

In New Jersey, it’s illegal to possess illicit drugs, with some being considered more serious than others. Distribution refers to trafficking or transporting large amounts of illicit drugs across states or even internationally with the intention of selling. In New Jersey, it’s possible to be charged with distribution of drugs even if you simply intend to do so. In other words, you don’t have to actually distribute the drugs to be charged with the crime. If there’s sufficient proof of intent, such as having large amounts of drugs in baggies, a digital scale, or other drug paraphernalia, you can be charged and subsequently convicted.

Even if the drugs in question are those that can legally be prescribed, if you lack a valid prescription or license, you can’t legally possess or distribute them. Even if you have a small amount of a drug, you can be charged with the following:

Drug distribution
Drug trafficking
Manufacturing drugs
Possession with the intent to distribute

What Is the Difference Between Trafficking and Possession With Intent to Distribute?

The crime of drug trafficking refers to a variety of actions with illegal drugs. Selling, manufacturing, creating, transporting, moving, or distributing drugs all fall under the drug trafficking category. Trafficking specifically refers to any substances that are moved from one place to another and usually involves movement from one state to another or even one country to another. This often involves a much larger setup than simply one or two people. When drug trafficking is done on a large scale, it can be on a national or even international scale with millions of dollars earned from sales.

Possession of drugs with intent to distribute is a crime that also involves manufacturing, distributing, or possessing drugs. However, it involves an intent to manufacture or distribute illicit drugs. This crime is often proven in court by prosecutors when the defendant possesses items that indicate an intent to distribute, such as drugs stored in plastic baggies found in the person’s car.

What Are the Penalties for a Drug Trafficking Conviction?

Punishment for a drug trafficking conviction can be very serious. If you face these charges, don’t take them lightly. Consult with an experienced Morristown criminal defense lawyer immediately.

Penalties can range depending on the circumstances, amount of the drug being trafficked, and more. However, drug trafficking usually carries a charge of a first-degree felony. The following may apply for a conviction:

Up to 18 months in prison for a fourth-degree felony conviction
3 to 5 years in prison for a third-degree felony conviction
5 to 10 years in prison for a second-degree felony conviction
10 to 20 years in prison for a first-degree felony conviction

There are also fines handed down as part of a defendant’s conviction. You may lose federal benefits and civil rights if you face a conviction for drug trafficking.

What Are the Punishments for Possession With Intent to Distribute?

The punishments you can receive for a conviction of possession with intent to distribute depend on the drugs and the amount that was found. The following can be given for a conviction:

Up to 18 months in prison and a fine of up to $10,000 or $25,000 depending on the drug for a fourth-degree felony conviction
Up to 3 to 5 years in prison and a fine of up to $75,000 for a third-degree felony conviction
Up to 5 to 10 years in prison and a fine of up to $150,000 for a second-degree felony conviction
Up to 20 years in prison and a fine of up to $500,000 for a first-degree felony conviction

If you’ve been arrested for drug trafficking or possession with intent to distribute in Morristown, New Jersey, contact the law firm of Gregg Wisotsky at (973) 898-0161 today.

The Difference Between a Misdemeanor and a Felony Drug Crime

July 21, 2021 by Gregg Wisotsky, Esq. Leave a Comment

What Determines the Charge for Drug-Related Crimes?

The difference between a felony or misdemeanor is not a small one: It can ultimately determine a variety of factors, including the fine you pay and the length of your jail time. The amount of arrests in New Jersey for drug-related crimes is accelerating, with the number of charges filed now higher than ever before. There are key differences between misdemeanor and felony drug charges, and it is vital that you understand these differences.

Four Types of Drug Possession Charges

In the state of New Jersey, there are four types of drug possession charges that you can face. They include possession of:

Less than 50 grams of marijuana
Narcotics or controlled dangerous substances
Other drug paraphernalia
Unauthorized prescription drugs

There are also a variety of other drug-related charges that you can face, including being under the influence of illegal drugs, failing to properly dispose of an illegal drug, drug distribution, and more.

Factors That Lead to a Felony or Misdemeanor Drug Charge

The prosecutor’s decision to charge someone with a felony versus a misdemeanor can depend on a variety of factors. The most important among those is the severity of the charge. For example, someone who is arrested for possession of a small amount of marijuana will almost certainly face a misdemeanor if it’s their first offense.

The type of drug that the person has is one example of a factor that impacts the charge given. Marijuana is usually considered to be a less severe and dangerous drug by prosecutors, and it is thus more likely to face a misdemeanor charge. People who are arrested with other drugs that are largely considered to be more dangerous, such as heroin, methamphetamines, LSD, ecstasy, or cocaine, are more likely to face a felony charge.

The amount of the drug is another important factor. Someone found with only enough of a drug for personal use may only be charged with a misdemeanor. Conversely, someone who is found with large quantities of the drug – even if it was just for personal use – is more likely to face felony charges.

Whether or not the person arrested has a prior record will also impact the crime with which someone is charged. Someone who has an extensive criminal history is more likely to face a felony than someone who has been arrested for the first time. In addition, a person who has a long prior record is more likely to face more severe penalties, regardless of whether or not they are arrested for a misdemeanor or a felony.

The above is not an exhaustive list of circumstances. Other mitigating circumstances include:

Were any minors involved in the drug possession case in question?
Did the incident occur near a school, daycare, or addiction recovery facility?
Was anyone injured or killed in the case in question? Were there any overdoses?
Did the case involve the use of extensive public resources, like police time or investigations?
Is there a plea deal in question? Is the individual who has been arrested cooperating with authorities?
Has the person in question agreed to seek treatment in exchange for lesser charges?

Thankfully, there is no shortage of attorneys that can assist you in fighting off these charges or reducing your sentence. If you are in New Jersey, you can always use a Morristown personal injury lawyer. This can help ensure that their legal needs are represented.

If you are in the Morristown, New Jersey area, and you need help in dealing with drug charges, contact Gregg Wisotsky today. He offers a variety of the exemplary services that you would expect out of a Morristown personal injury lawyer. Call us today at 973-898-0161, or make an appointment by filling out our online contact form.

What You Should Expect After a DUI Charge

July 15, 2021 by Gregg Wisotsky, Esq. Leave a Comment

What Happens When You Are Charged With a DUI?

Every year, roughly 1.5 million people are arrested for drunk driving. If you are one of the many people facing drunk driving charges, it’s understandable to feel worried and confused. Knowing what to expect can help this time feel less stressful and overwhelming.

Deciding Whether or Not to Plead Guilty

One of the first steps after your DUI arrest is deciding what your plea will be. At the arraignment hearing, you will hear the charges against you and have the option of pleading guilty, not guilty, or no contest. In most cases, people will plead not guilty. Even if there is a lot of potential evidence with you, it is better to start with a not-guilty plea. This gives your Morristown criminal defense lawyer more time to make your case and find reasons that you should not be convicted or get a severe sentence.

It is rare for a person to plead guilty at the arraignment or during the early parts of their case unless they have already developed a plea bargain with the state. A plea bargain is a deal where you agree to plead guilty in return for the state providing you with a specific sentence. The prosecution will often push a plea bargain because it saves the state time. A plea bargain can be a way to get a reduced sentence when the evidence is stacked against you. However, these terms might not be favorable. It is never a good idea to accept a plea bargain without having a lawyer carefully consider your case.

Considering Possible Defenses to DUI Charges

After your arraignment, your Morristown criminal defense lawyer will work with you to prepare a case. There are several steps in their preparation, including gathering evidence on your behalf and meeting with the prosecution to discuss your case. They may talk with medical experts, interview witnesses, or try to find security camera footage of your drive or your traffic stop. All of these steps focus on finding a good defense against your DUI charges.

One option is claiming that the police did not behave correctly. If your lawyer can show that the evidence against you was collected illegally, the evidence cannot be used to convict you. A common reason to throw out DUI evidence is that there was no probable cause. If an officer did not have a reason to pull you over and ask to check your blood alcohol levels, your case might be dismissed. Other improper behavior like failing to tell you your rights or ask consent before a breathalyzer may negate evidence against you.

Your lawyer may also be able to cast doubt on the amount of alcohol in your system. If the traffic stop used nonstandard sobriety tests like asking you to repeat the alphabet backwards, it is very hard for the prosecutors to prove you were under the influence. These sorts of tests can have uncertain results since alcohol affects everyone differently. Even more scientific options like breathalyzers might not provide foolproof evidence. Breathalyzers tend to be very faulty equipment. If you use it improperly or if it is broken, your result might not be valid. Certain medical conditions, like acid reflux or dental work, can cause alcohol to linger in your mouth and further throw off your results. Your DUI lawyer may be able to bring in medical experts who can testify on your behalf and show why breathalyzer results should not be used in your case.

Another common DUI defense is proving that you were not actually in control of the car. In New Jersey, you can only be convicted of a DUI if you are over the legal alcohol limit and are operating the car. “Operating” is a very broad term that can include things like sitting in the driver’s seat while the engine is running or sitting in a car parked on the side of the highway. However, your lawyer might be able to argue you were just in the car while waiting to sober up. For example, if you were in the backseat of a car parked by a bar, your lawyer could potentially prove you were not in control of the vehicle while drunk.

Pleading Your Case in Court

After going through the arraignment and the evidence-gathering process, it will be time for your actual court date. On the appointed day, you will arrive at court with your lawyer and any witnesses on your behalf. Depending on your type of DUI, you may just appear before a judge, or there may be a jury present too. Most DUI cases will not be as dramatic as the courtroom cases that you see on television. For most of the trial, you will just sit quietly and watch evidence be presented to the court.

The prosecution will have an opportunity to present any evidence against you, and your lawyer will have the chance to question witnesses or question the admissibility of the evidence. Next, you have a chance to defend yourself. Your lawyer might ask you to go on the witness stand, or they might present a statement on your behalf. After both sides have a chance to present and challenge evidence, the court will deliberate your case. They can find you guilty, find you not guilty, or declare a mistrial.

Finding Ways to Reduce Your Sentence

In the unfortunate event of a conviction, you still have many options available to you. Not all DUI charges result in the same sentence. The right lawyer making the right argument in court can mean that you avoid jail time or other major consequences. Therefore, if a conviction seems likely, your Morristown DUI lawyer will start doing what they can to get you a favorable sentence. Potential sentencing can include jail time, fines, addiction treatment, community service, and suspension of your driving privileges.

The biggest factor in your DUI sentence will simply be whether or not anyone was injured because of your actions. In New Jersey, if you are convicted of a DUI but did not harm anyone, you might avoid jail or only get around 180 days. Therefore, your lawyer might go over any accidents you were involved in and attempt to show that the accident or injuries were not your fault. Likewise, your attorney might argue that any property damage that occurred was not entirely your fault. This can help reduce the dollar amount of the fines or the number of other penalties that you face.

When arguing for a lighter sentence or less jail time, your attorney can also bring up your character. They may try to show that the DUI was a one-time mistake that you deeply regret and emphasize that it will never happen again. Your lawyer may bring up things like your family that depends on your paycheck to show why you would be better served by options like community service instead of jail time.

If you or a loved one has been charged with a DUI, the law firm of Gregg Wisotsky is here to help. As a trusted Morristown criminal defense lawyer, we have plenty of experience helping people fight against these sorts of charges. To discuss your case and see if we can help, call 973-898-0161 or fill out our contact form.

The Legality of Insider Trading

June 22, 2021 by Gregg Wisotsky, Esq. Leave a Comment

How to Differentiate Legal and Illegal Insider Trading

Insider trading is considered to be illegal in the majority of situations and can carry many potential criminal and civil penalties. In 2007, more than $13 billion worth of insider trades occurred every month. In the event that you’ve been charged with a crime related to insider trading, it’s imperative that you understand how legal insider trading differs from illegal trading.

What Constitutes Insider Trading?

There is no exact legal definition of what insider trading is. However, it mainly refers to actions that involve buying or selling some kind of security while possessing information about the security that isn’t public. If it’s believed that the information you have about a security was obtained from someone close to you and was a breach of your fiduciary duty or otherwise a breach of trust, you could be charged with illegal insider trading. Even though it’s technically possible for insider trading to be legal, years of court rulings indicate that fiduciary duty was breached in almost all cases.

Let’s say that you’ve invested a large sum of money into a pharmaceutical company. If you receive nonpublic information that the company is about to receive negative publicity as a result of a poorly managed drug trial or a bad report about medicinal side effects, it would be illegal for you to use this information to get rid of all of your stock before the information is made public. If you do, you would likely be charged with insider trading.

While insider trading cases are typically straightforward, there are situations where the legality of the case is difficult to determine. In the event that you’ve recently been charged with insider trading, it’s important that you seek help from a Morristown criminal defense lawyer like ours. We can assist you in determining what your best defense is and what kinds of penalties you should expect.

When Insider Trading Is Legal

While acts of illegal insider trading are far more common than acts of legal insider trading, it’s possible for this type of trading to occur legally. Whenever employees, shareholders, or directors buy or sell stock in their own companies, this would in most cases be considered to be legal insider trading. However, there are still guidelines that dictate when legal insider trading can occur. If you work as a corporate insider, you must report trades of your company’s securities directly to the SEC.

It’s common for traders and investors to use the information filed with the SEC to make purchasing and selling decisions with their stocks. These individuals believe that a corporate insider selling or buying stock means that they have inside information that has prompted this decision. All transactions from corporate insiders need to be filed through SEC forms 3-5.

The majority of financial quote sites provide users with information pertaining to corporate insider transactions, which are commonly displayed on insider trading pages. While this information can be helpful for investors who are attempting to guess the market, it doesn’t always pan out and can be very risky for anyone who attempts to make their buying or selling decisions based primarily on this info.

When Insider Trading Is Illegal

Even though certain insider trading transactions can be legal, most of them are considered illegal. An act of illegal insider trading occurs when someone gains nonpublic information pertaining to a security and chooses to act on this information by buying or selling a stock. Using this information to gain an unfair advantage on the market would be a breach of your fiduciary duty.

Keep in mind that the illegality of insider trading has become more defined by the courts and SEC over the past decade. Even if the “relationship of trust” between yourself and the person who provided you with the information is practically nonexistent, you could still be charged with illegal insider trading. Some of the acts that are commonly considered illegal insider trading include:

When a government employee learns of nonpublic information as a result of their role in the government
When family members, business associates, employees, or company directors trade securities after obtaining nonpublic information
When employees and corporate officers trade securities after they have learned of significant company developments
When brokerage, banking, and law firm employees obtain information from a client and use it to trade in its securities

If you gain a tip about a stock or other security that is based on nonpublic information, there’s a good chance that you would be charged with illegal insider trading. Because of how severe the SEC and U.S. courts treat illegal insider trading, it can come with heavy penalties, which could include prison time and heavy fines.

Penalties Associated With Illegal Insider Trading

The penalties associated with illegal insider trading can vary significantly and depend on the exact details of the case. If the SEC believes that you committed securities fraud, they could seek monetary damages from you via a civil lawsuit. While civil lawsuits can result significant financial penalties, these lawsuits are typically considered to be preferable to criminal charges. Along with the SEC filing a civil lawsuit, the U.S. Department of Justice can file criminal charges in regards to violations of securities laws.

While people who commit illegal insider trading can face civil liability or criminal prosecution, it’s common for both of these to occur at the same time. The extent of the penalties you face depends on the severity of the insider trading. For any individual who engages in securities fraud, the maximum jail time that could occur from this violation is around 20 years. Because this is a federal crime, the sentence would be carried out in a federal prison.

Fines are often allotted as well for illegal insider trading cases. The maximum fine for an individual is currently set at $5 million. With these penalties in mind, it’s important that you have an experienced attorney by your side if you want to reduce your charges or get rid of them entirely.

Seeking a Legal Defense From Our Morristown Criminal Defense Lawyer

Because of the severity of an illegal insider trading case, it is essential that you have knowledgeable legal representation by your side to help you craft the ideal defense for your case. There is a range of legal defenses commonly used for individuals and entities facing illegal insider trading charges. The main legal defense involves arguing that the trade was, in fact, an act of legal insider trading. This defense is even detailed under SEC Rule 10(b)5-1. If the defendant can prove that the nonpublic information didn’t factor into the investment decision that was made, it is possible that the act would be an example of legal insider trading.

Another common legal defense is to argue that the information was not material in nature or that it was already public. If the information wasn’t relevant enough to affect the purchase or sale of a security, it wouldn’t be illegal. The same is true if the material information was made public before the trade occurred. It is possible that the information was already disseminated in some manner before it was used by the defendant to buy or sell securities. It is common for this defense to be used when the information was public but not widely known. Our lawyers have handled many insider trading cases and can help you determine how your case should progress.

If you believe that you might be facing insider trading charges and would like to have thee legal assistance of a Morristown criminal defense lawyer, contact Gregg Wisotsky today at (973) 898-0161 to set up a meeting so that we can learn more about your situation and determine the best way to proceed.

Is Eyewitness Testimony Accurate?

June 18, 2021 by Gregg Wisotsky, Esq. Leave a Comment

If you have been accused of committing a crime, you might believe that testimony from someone who was there at the time would be devastating to your defense. However, the good news is that eyewitness research has revealed that these first-hand accounts aren’t always as accurate as they appear to be in movies or on television crime dramas.

How Accurate Are Eyewitnesses?

At the most basic level, the testimony of an eyewitness could confirm a state or federal charge that a person is guilty of committing a crime. However, based on impression and interpretation alone, one person could believe they saw someone do something that they actually did not. If an eyewitness mistakenly identifies a person as a culprit, the defendant could be convicted and face serious penalties, including incarceration, for a crime that they did not commit.

Research shows that 75 percent of false convictions are caused by unreliable eyewitness testimonies. How can this be the case? Aren’t people sure of who they see, especially during an event as important as a serious crime? Should not they, in theory, be the perfect person to confirm the details of what transpired on that day?

However, human memory is far from being perfect. In fact, a memory changes every time a person recalls it. This is why certain details may change, and stories seem to differ from the same person when they tell them on different days. Human memories can also be largely influenced by outside events or input; if a person is told that something happened a specific way, they are more likely to revisit their own memory and alter certain details to match what they have been told.

What Factors Influence an Eye Witness?

Eyewitness psychology focuses on exploring the different factors that contribute to a person’s perception and memory of an event. One of the biggest influences on memory is a person’s emotional state. At the time of the commission of a crime, someone is likely to be taken off guard. If the situation is dangerous, they will have increased adrenaline and likely running off a fight-or-flight response. In that scenario, their mind is going to hone in on certain details that are most relevant to securing their immediate safety or protecting someone else. This means they will miss out on other key details, which may ultimately falsely incriminate someone later.

Stress, bias and influence from others also influence eyewitness accuracy. Stress is present both at the time of an event and after; as a person rethinks what happens, the details are likely to change depending on how they feel. If they were questioned by police or investigators, the approach to questioning could influence how they recall the event. Seeing a man in a red hoodie may have been unimportant at the time, but if an officer leads questioning to identify a specific type of person, then the man in the red hoodie suddenly becomes a threat in the witness’s mind.

Eyewitness Testimony in a New Jersey Criminal Court

The best thing you can do is work with a Morristown criminal defense lawyer to determine whether an eyewitness’s report could be used against you in a court of law. A lawyer who has experience with these types of matters can gather important details and present them as accurately as possible to the court.

The New Jersey Supreme Court regulates eyewitness identifications and enforces strict standards for court proceedings. Ensuring that evidence is accurate prevents false convictions and further unnecessary stress for you.

Build the Best Case With a Morristown Criminal Defense Lawyer

If you are facing misdemeanor or felony criminal charges that are based in whole or in part on the testimony of alleged eyewitnesses, contact the offices of Greg A. Witosky, Esq., so that we can begin working on your defense strategy as quickly as possible. We know how to help our clients gather the strongest evidence and challenge erroneous testimony to the judge and members of the jury.

The Basics of Bail Bonds

May 18, 2021 by Gregg Wisotsky, Esq. Leave a Comment

The U.S. bail bonds services industry exceeds $2 billion in revenue annually and employs nearly 25,000 people. If you are arrested and need help posting bail, you may have to tap into these services. Find out how the bail bonds system works, its benefits, and its risks so you can make informed decisions if the time comes.

The Amount of Your Bail

Once law enforcement officers arrest you and book you into jail, the court sets your bail. This is a dollar amount that you must pay to be released pending your court hearing. The judge considers a number of factors in determining bail:

The severity of the criminal charges; bail for a felony is higher than for a misdemeanor.
The likelihood that you will continue to break the law if you are released from jail.
The risk that you will abscond if released before trial.

Above all, the judge must set your bail high enough so that it provides you with the incentive to appear at your court hearing. If you are facing serious criminal charges and have a history of arrests, you could be looking at a bail amount that exceeds your resources. When that happens, one alternative is to work with a bail bond company.

Working With a Bail Bondsperson

If you don’t have the cash available to post your bail, a New Jersey bail bond company may agree to act as a guarantor. It provides the court with a written promise to pay your bail in full should you fail to appear at scheduled hearings.

Typically, the bondsman requires 10% of your total bail upfront from you, a friend, or a family member. If you are facing federal charges, the company may take 15% instead. This is the price you pay for being released from custody, and it is non-refundable.

Also, you must provide collateral equal to the balance of your bail, such as your personal property. You will not have to sign over those assets to obtain a bail bond, but if you fail to appear for court and thus forfeit your bail, the bond company can take them as compensation for paying the court the balance that you owe.

For example, if the judge sets your bail at $10,000, your bail bond fee would be $1,000. You would need to have sufficient collateral for the remaining amount of $9,000. This could be your car, some real estate, or another asset of the same value. You will sign paperwork that acknowledges your non-refundable fee and your obligation to turn over your collateral if you do not show up for pre-trial court dates and your trial.

Your ability to get a bail bond is by no means a given. The bail bond business is high-risk, and companies strive to avoid losses. A few of the factors that may prevent you from bonding out of jail include:

A history of absconding
A criminal record
An inability to pay the bond or provide collateral
Having no permanent address
Having no ties to the community
The nature of the charges against you

What Happens Next?

After you have signed your paperwork and paid your fee, the bondsman will complete and present the necessary forms to get you released from jail. It is your responsibility to appear for court dates until your case reaches resolution. Your Morristown criminal defense lawyer will help you through the next steps of the legal process.

If you do not comply with the law and choose to skip bail instead, beware. Bail bond companies work hard to minimize their financial risk, and they work just as hard to collect on bad debts. If you break your bail contract, expect to be pursued for the balance of the bail, including forfeiture of your collateral.

Morristown Criminal Defense Lawyers Can Help

When you are facing criminal charges in New Jersey, get in touch with the Law Offices of Gregg A. Wisotsky. We have the legal knowledge and experience you need to navigate the court system and the bail bond process as well. Call us today at 973-898-0161 to get started.

The Decision to Accept a Plea Bargain

May 14, 2021 by Gregg Wisotsky, Esq. Leave a Comment

It is estimated that approximately 95% of guilty pleas are the result of plea bargains as opposed to a verdict reached by a jury in a trial. In most cases, unless prohibited by New Jersey law, a plea agreement will be offered to the defendant. When criminal charges threaten to destroy the lives of the defendant and their loved ones, they might wonder if a plea bargain is worth accepting.

How the Courts Decide When to Offer a Plea Bargain

In many criminal cases, the prosecution has too much evidence against the defendant. There is little possibility that the case would be dismissed. If a guilty verdict is reached, the sentence could be significant prison time. It is situations such as these where a plea bargain should be considered a valid option. Your Morristown criminal defense lawyer can help you decide if a plea bargain is right for your case, but the ultimate decision is entirely yours to make.

When a plea bargain is offered, the prosecution is required to follow specific sentencing provisions set by the New Jersey Code of Criminal Justice. Any offers that the prosecution may extend to the defendant are based on the range of sentence possibilities for the criminal charges in question. Plea bargain offers usually align with the midpoint of the range of sentencing possibilities.

If a case qualifies for a plea agreement, the judge might advise both the prosecution and the defense to consider a plea deal. Even when recommended by the courts, the judge is not obligated to accept the proposed deal. If a deal is not accepted, the prosecution and the defense can continue to negotiate an alternative deal the court might be more willing to accept.

What Role the Judge Plays in a Plea Agreement

The judge will have the final word by having full discretion over whether to accept or reject the proposed plea deal. His honor will carefully weigh factors such as the severity of the crime, the character criminal record of the defendant, why the plea is being negotiated, and if the plea deal is in the best interest of both the victim and the general public.

A defendant cannot enter a plea until the judge accepts the arrangement. When presented with a plea deal, the judge has several options. These include:

Accepting the plea deal as presented
Rejecting the plea agreement and supplying reasoning behind the decision to reject it
Choosing to defer the decision until there is time to review the pre-sentencing report
Accepting the terms of the plea agreement but rejecting the terms of the sentencing
Recommending that the defendant pleads without a deal in place

If the judge recommends that the defendant pleads without any deal, it is usually an indication that the judge may be considering a lesser sentence than that being presented by the prosecution. Once the deal has been accepted, the defendant must immediately plead guilty to the charges as they appear in the deal.

Criteria for Plea Bargains

In addition to the sentencing provisions mentioned above, there are five criteria that must be met in order for a plea negotiation to be possible. Your Morristown criminal defense attorney can advise you as to whether you can expect an offer of a plea agreement. The five criteria are:

The case must be prosecuted by either a municipal prosecutor, county prosecutor, or the attorney general of New Jersey.
The defendant must have legal representation, or they must have waived their right to counsel.
Before the plea can be made, the prosecutor must confirm that the defendant has been consulted about and agrees to such a plea.
The matter being pled needs to be on record that it is within the municipal court jurisdiction and that it does not affect any other offenses faced at the county level without agreement from the prosecutor from the county.
Any sentence recommended as a result of the plea agreement cannot be less than the mandatory requirements for that offense.

Types of Plea Bargains

It is important to remember that a plea bargain is an admission of the defendant’s guilt. When there are criminal charges, there are set sentencing guidelines that are applied. A plea agreement will set the punishment, potentially reduce or change the charges, or set other requirements for fulfilling the penalty requirements. There are three types of plea agreements:

When there are multiple charges, a plea agreement may be offered for the defendant to plead guilty to one charge in order to have the other charges dismissed.
The prosecution may offer sentencing minimums in exchange for a guilty plea.
The prosecution might offer charges that are reduced from the original charges in order to obtain a guilty plea from the defendant.

Plea agreements are actually quite common. Sometimes, there will be other conditions such as probation or an agreement to testify against someone else. Plea agreements are less expensive than a trial for both the prosecution and the defense.

Charges Where a Plea Bargain Should Be Considered

While there are many criminal charges that have a good chance at trial with the right Morristown criminal defense attorney, if a defendant faces charges where the prosecution has a good case against them, pleading down your charge is a good option. There are also some charges where the prosecution is prohibited from negotiating a plea. There might be a plea agreement that offers you other options as well. Charges where you should always consider a plea include:

Moving violations
Drug possession
Drug possession with intent to distribute
Crimes involving threats made to another person
Driving under the influence (DUI) or driving while intoxicated (DWI)
Assault and other violent crimes
Domestic violence
White collar crimes
Internet-related crimes
Juvenile charges
Theft

Plea agreements are most commonly offered to those who are first-time offenders. Defendants with a long history of criminal activity might not be given this option.

The Importance of Retaining a Morristown Criminal Defense Lawyer

If you are facing criminal charges, you should not go to court without understanding every aspect of the process you will be facing. You need to be aware of the mandatory sentencing requirements that would come with a guilty plea or verdict and if there is a possibility of a plea negotiation with the prosecution. You will need to be ready to prove your character, too. If you have a history of prior criminal activity, you need to know how your priors will affect your current case. If a plea deal is offered, your attorney can help with negotiations and know whether or not you should accept the offer. It is most helpful to have someone on your side who is familiar with the judges and prosecutors in the Morristown court system.

Criminal defense lawyer Gregg Wisotsky has been practicing in the Morristown area for more than 30 years. He can help you with every aspect of your criminal charges. Contact us today at 973-898-0161 if you are ready to discuss your situation.

Everything You Need to Understand About Wire Fraud

April 21, 2021 by Gregg Wisotsky, Esq. Leave a Comment

A Comprehensive Guide to Wire Fraud

When one party defrauds another via an electronic communication, this would be considered the white-collar crime that is known as wire fraud. In 2019 alone, over $220 million was lost as a result of real estate wire fraud. The prosecution must prove several elements in order for a wire fraud conviction to occur.

What Does Wire Fraud Entail?

Wire fraud involves any kind of fraudulent activity that occurs via signals, pictures, sounds or writings that are effectively transmitted through a wire. These methods could include radio, fax, telephone, internet or television. In order for someone to be convicted of wire fraud, the prosecution for the case will typically be tasked with proving that:

The individual created a scheme to commit wire fraud
The individual intended to commit wire fraud
A wire-based technology was used to complete the scheme in question

When looking at the scheme aspect of wire fraud, there usually needs to be intent for a conviction to occur. If the defendant planned to make a false or misleading statement to accrue money or an item of value from another entity, fraud has likely occurred. Participating in wire fraud without knowing that you are doing so is not enough to obtain a conviction. On the other hand, a conviction can occur if fraud was a foreseeable result of the action.

Keep in mind that wire fraud convictions can occur even if the scheme was ultimately unsuccessful. Many different actions constitute wire fraud. Using any kind of interstate communication device to transmit materials would be classified as wire fraud. As mentioned previously, these messages or transmissions can be sent through the radio, telephone, internet, television, email and fax machine. Wire fraud can also occur when one individual pressures another person to perform a wire transfer.

Wire fraud can occur as a part of bank, insurance or tax scheme. The types of information that can be transmitted in an attempt to commit fraud include improper statements that were made to investors or customers, incorrect income documents, and fraudulent bank statements. Wire fraud is considered to be a serious offense and the penalties are severe if a conviction is obtained.

Some Examples of Wire Fraud

Many cases of wire fraud involve the act of defrauding businesses, and it is very common for banks to be the victims. Another common example is when false insurance claims are made in an attempt to obtain compensation for injuries or other losses that did not actually occur. While many cases of wire fraud involve businesses, it is important to understand that it is common for someone’s personal financial information is targeted as well.

Hackers who gain access to someone’s bank account or credit card information could be convicted of wire fraud if the information was used to obtain money for their own benefit. Wire fraud can happen if financial information is obtained as a part of telemarketing fraud, phishing or internet scams. Phishing is a serious cyberattack that involves using deceptive websites or emails to obtain personal information from unsuspecting individuals.

Perhaps the most famous example of wire fraud is the highly-publicized scam involving a “Nigerian prince.” The scam begins with an email that’s sent to an individual by an alleged member of Nigerian royalty. This email will contain details about an unfortunate situation that the sender is in and that has made him unable to gain access to his bank account. The “prince” will then request bank account information from the recipient of the email so that he can deposit his money into the account for a short period of time.

If the email recipient complies with the request, the bank account information will be used to get access to the account and all the funds that are available in it. Despite the obvious nature of this particular scam, wire fraud can also be subtle and difficult for someone to avoid, which is why the penalties are severe.

Penalties Associated With Wire Fraud

There is a range of serious penalties that is associated with a wire fraud conviction. When someone has been charged with having committed it, resolving the case doesn’t always involve getting the charges overturned completely. There are times when the goal of the defense will be to reduce the penalties and obtain a lighter sentence. Wire fraud is a federal crime, which means that the penalties are consistent no matter where you live.

One of the more notable aspects of potential wire fraud penalties is that every specific instance of wire fraud is considered to be a separate act.. As an example, let us assume that someone sends 10 emails to different recipients in an attempt to commit wire fraud. Each email would count as a single act of wire fraud, which means that the penalties can accrue quickly. Even though wire fraud is a federal offense, each state can choose to pursue additional charges that occur in conjunction with the federal allegations.

The federal penalties that are attached to wire fraud include:

Fines of as much as $250,000 for individuals
Fines of as much as $500,000 for companies and organizations
As long as 20 years in a federal prison

Keep in mind that the potential penalties are stiffer if the wire fraud involves a federal financial institution or a federal disaster. Federal disasters must be declared by the current president.

Potential Legal Defenses for a Wire Fraud Case

If you have been charged with wire fraud, it is highly recommended that you seek the advice and counsel of our Morristown criminal defense lawyer. We can help you build your defense to identify the most appropriate strategy for your specific situation. Several legal defenses are commonly used in cases involving wire fraud, and they can include a lack of the requisite intent, puffery, and a mistake of fact. “Puffery” occurs when someone uses exaggerated claims or statements in an attempt to sell a product. If these statements are made over the phone or by email, they likely wouldn’t result in a conviction for wire fraud since the customer should understand that the statements aren’t wholly accurate or representative of the product in question.

A lack of intent is an affirmative defense that can be used when the defendant didn’t intend to commit wire fraud. The prosecution is tasked with proving that the defendant intended to commit fraud, which is very difficult to do. As for a mistake of fact, a wire fraud conviction depends on the defendant making misleading or false statements. However, the defendant may have believed these statements to be true, which means that the false information wasn’t being communicated intentionally. Wire fraud cases can be complicated, which is why there are numerous defenses that can be used.

Are you currently being investigated for wire fraud? If so, the defense strategies that are used in your case will likely play a substantial role in the results. Call our Morristown criminal defense lawyer today at (973) 898-0161 to discuss your matter. We have offices located throughout the state of New Jersey in Parsippany, Jersey City, Springfield, Elizabeth, Newark, Freehold, Mount Laurel, and Hackensack, and we also have offices in New York City and Decatur, Georgia.

Types of Behaviors That May Count as Embezzlement

April 17, 2021 by Gregg Wisotsky, Esq. Leave a Comment

Behaviors That Are Considered to Be Embezzlement

Whenever an individual steals property or money from a business partner, another person, or their employer, it’s possible for this theft to be considered embezzlement. To understand how widespread embezzlement is, employee theft results in businesses losing upwards of $50 billion per year. There are many different actions and behaviors that could constitute embezzlement, which you should be aware of if you’ve been charged with this crime.

Examples of Embezzlement

Before detailing the many different examples of embezzlement, keep in mind that this crime differs from larceny or fraud. In order for embezzlement to occur, the embezzler must have permission to directly handle the property or assets that they misused. Embezzlement only happens when the individual takes the property. The most common forms of embezzlement can be separated into two categories – employee embezzlement and property embezzlement. The main examples of employee embezzlement include:

Taking money from a cash register
Taking kickbacks or bribes
Altering the time records for employees
Charging more for a product and taking the difference
Changing the books to hide stolen money or losses
Taking office supplies to your home
Placing vendor checks into your personal bank account

Property embezzlement occurs when you have been trusted with someone else’s property, which is usually money. The main difference between property embezzlement and employee embezzlement is that the owner of the property generally isn’t a company. Examples of property embezzlement include:

Using your relative’s Social Security payment
Selling property of an estate and pocketing the proceeds without taking its heirs and beneficiaries into account

Penalties Associated With Embezzlement

Since most embezzlement cases are state charges, the penalties associated with the charge will differ depending on the state where the activity took place. In New Jersey, the penalties attributed to embezzlement depend on the amount of money or property value that was taken. In the event that the value is lower than $200, the crime could result in as many as six months in jail and fines that reach as high as $1,000.

For property valued between $200 and $500, it’s considered to be a fourth-degree crime, which results in 18 months of jail time and up to $10,000 in fines. If the value is higher than $500 but lower than $75,000, the crime would be a third-degree offense, which results in three to five years of jail time and as much as $15,000 in fines. If the property that is embezzled amounts to more than $75,000, you could be charged with a second-degree offense, which can come with jail time of five to 10 years and as much as $150,000 in fines.

How Our Morristown Criminal Defense Lawyer Can Build Your Case

Our Morristown criminal defense lawyer has the experience and knowledge necessary to assist you in challenging the allegations. If you’ve been charged with embezzlement, there are three defenses that are commonly used in these situations. The possible defenses that could be used with your case include entrapment, duress, or a lack of intent. There are also four things that the prosecution needs to prove in order for embezzlement charges to stick, which include:

The defendant must be aware that taking the money would be a crime.
The defendant must be aware that they aren’t allowed to use the money.
The defendant must intend to steal money from the owner or company.
The owner or company must give the defendant control over the money in question.

If all four of these things can’t be proven, it’s possible that the offense would be classified as theft or larceny. It’s also possible that the defendant was unaware that they weren’t supposed to use the money or property that they were put in charge of. In almost all situations, embezzlement is a complex issue that requires a strong legal defense to ensure that penalties are minimized or avoided altogether.

When you contact our Morristown criminal defense lawyers, we can assist you in building a strong case that takes every possible strategy into account. Call us today at (973} 898-0161 to get started.

Penalties May Be Severe for Drug Possession in New Jersey

March 24, 2021 by Gregg Wisotsky, Esq. Leave a Comment

Understand Drug Possession Penalties in New Jersey

If a traffic stop or knock at your door wound up leading to your arrest on suspicion of drug possession in New Jersey, it’s important that you understand the penalties such crimes may carry under conviction. Numerous factors, such as police or witness testimonies, alleged evidence taken into custody during a search, as well as what type of defense you present may all influence the judge’s or jury’s decision in your case.

What Is the Legal Definition of Drug Possession in the State of New Jersey?

If a New Jersey police officer arrests you for a suspected drug possession crime, it means you’re being accused of knowingly obtaining, holding on your person or controlling an illegal substance. A drug in question might include cocaine, marijuana or heroin, as well as any number of prescription drugs or other illegal substances. Police may charge you with “intent to distribute” an illegal drug if they have evidence that you possessed a certain quantity of a specific drug.

First-Time Possession Charge Doesn’t Equate to a Lighter Penalty

Perhaps you were pulled over in a traffic stop and police searched your vehicle. You wound up getting arrested for possession of an illegal drug. You’ve never faced criminal charges prior to the arrest, so you assume that, if the court convicts you, the penalty will be less severe because it is a first offense.

In New Jersey, the penalty for drug possession depends on the type of drug in question, as well as the amount. Even if it is the first time you’ve been charged with a drug crime, the penalty may still be harsh, depending on the details of your case.

Jail Time and Fines

If the court convicts you of marijuana possession of less than 50 grams, you may face up to six months behind bars, as well as a fine up to $1,000, even if it is your first offense. Any amount more than 50 grams carries a harsher penalty up to 18 months in jail and fines of up to $25,000.

The state categorizes drugs such as heroin, hallucinogens, ecstasy or methamphetamine as controlled substances or narcotics. These and other drugs in this category carry severe consequences under conviction. If you’re convicted of drug possession of substances in this category, you could go to jail for as long as five years and pay fines up to $35,000.

Penalties Often Include More Than Incarceration or Fines

You no doubt want to avoid going to jail if it’s at all possible. However, staying out of jail won’t be your only concern if you are facing drug possession charges in New Jersey. The following list shows additional penalties or repercussions you might incur if you are charged with drug possession crimes:

Driver’s license restrictions
Vehicle confiscation
Need of bail money

The state can suspend your driver’s license if you’re convicted of a drug possession crime. In fact, in certain circumstances, police can seize your vehicle. This is especially true in cases where you might be charged with possession with intent to sell drugs. Also, you may have to come up with bail money in order to be released from jail while you’re awaiting trial. In certain situations, the court may deny your release, and you would have to stay in jail until your case is fully adjudicated. While this is not the same as a penalty under conviction, it is still a negative consequence you might experience after being arrested on suspicion of a drug crime.

Possession of Drug Paraphernalia and Failure of Lawful Disposition

If a police officer doesn’t find any illegal substances in your possession during a search, it doesn’t necessarily mean you won’t be charged with a drug crime. Various items, such as a small pipe, a syringe, scales, etc., may constitute probable cause for a police officer to take you into custody for possession of drug-related paraphernalia. Conviction of such crimes often carry penalties of up to six months in jail and substantial fines.

When you have taken possession of an illegal drug, New Jersey law requires that you hand it over to a law enforcement officer. Not doing so means you have failed to make a lawful disposition, which carries a penalty under conviction of up to half a year in jail. In any case, prosecutors must prove that a substance or item they claim to be an illegal drug or drug-related item is, in fact, actually the substance or item they claim it is. Substantiating such claims is typically accomplished through laboratory testing of the item or items in question.

Extenuating Circumstances That May Have Implications for Your Case

In addition to criminal penalties under conviction of drug possession, facing charges for drug crimes can have negative consequences in other areas of your life. If you’re a college student, for instance, you may incur penalties that result in expulsion or loss of scholarship funds.

If you’re a license professional, you may be at risk for suspension or revocation of your license. In some cases, penalties may be so severe that you would be prohibited from ever practicing in your field again. Such may be the case for teachers, doctors, licensed counselors or other specialized careers.

A Morristown Criminal Defense Lawyer May Help Mitigate Circumstances

What if you’re sitting at home one night and police knock at your door, asking you to allow them entry so that they can have a look around? In such situations, it’s critical that you know your rights and how to protect them. If police search your home, car or person then take you into custody on suspicion of a drug possession crime, a Morristown criminal defense lawyer is a great asset to have as part of your support network. Everything you say and do during a drug investigation may have an impact on the ultimate outcome of your case, including severity of penalties under conviction. In some cases, rather than sentence you to jail time, the judge overseeing your case might place you on probation instead.

An experienced criminal law attorney can help you determine if a personal rights violation occurred at any time leading up to, during or following your arrest. The Fourth Amendment of the U.S. Constitution protects you against unlawful searches and seizures. You may also invoke the Fifth Amendment to refuse to answers investigative questions without the presence of legal representation. If police do not have a warrant to enter your home, you do not have to consent to a search, except in certain circumstances where officers would not need to obtain a warrant before entering, such as if they believe a crime is taking place at that moment inside your house. You may request legal representation as soon as you learn that you are the subject of a drug investigation.

Build a Strong Defense From the Start

Facing charges for drug possession is a serious matter that can have far-reaching implications in all aspects of your life. In addition to legal repercussions, being charged with a drug crime may adversely affect your personal life, as well. It can destroy your reputation, cause family problems or place your job at risk. If you wind up with a criminal record, a potential future employer may be hesitant to hire you due to your past drug crime conviction. While these are not legal penalties, they are definitely negative consequences that may occur following a criminal conviction.

Gregg Wisotsky is an experienced defense attorney located in New Jersey. When you request a meeting by calling (973) 898-0161, you’ll be enlisting support from an attorney who has 25 years of experience providing legal defense for those charged with illegal possession, distribution and various other drug crimes. Reach out to our office today.

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