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SCOTUS: Enhanced Sentencing Decisions Are Up to Juries

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SCOTUS: Enhanced Sentencing Decisions Are Up to Juries

According to Morristown criminal defense lawyers, the Supreme Court of the United States (SCOTUS) has made an important ruling with widespread criminal defense implications. SCOTUS decided that juries and not judges must decide whether a person deserves an enhanced sentence. This is relevant to recidivism laws, such as the Armed Career Criminal Act (ACCA).

Sentencing Enhancements

A sentencing enhancement allows a judge to impose penalties beyond what the law usually supports for a particular crime. Three strikes laws are a common example. Also known as habitual offender and recidivist laws, they allow harsher penalties because a person is a repeat offender.

The Armed Career Criminal Act

The ACCA became effective in 1994. Since its enactment, it has been a controversial law that allows for severe penalties for habitual offenders convicted of unlawful firearm possession. The purpose of the law is to deter so-called “career criminals” and, in particular, those who specialize in violent crimes and serious drug offenses. The law outlines criteria for sentence enhancement and the penalties allowed. As an example, if a person had three prior drug offenses and was convicted of illegally possessing a firearm, the judge could impose an additional 15 years in prison on top of the base sentence.

Wooden v. United States

Wooden v. United States is a SCOTUS case from 2022. The decision is relevant to this 2024 ruling because it involves the ACCA as well. A judge had applied the enhanced sentence to William Dale Wooden based on 10 burglary offenses. SCOTUS found this an unfair sentence because those offenses occurred on a single occasion.

The Case at Hand

In the case that led to this decision, a judge sentenced Paul Erlinger to 15 years for burglaries he committed as an 18-year-old. He possessed a firearm during these crimes, and so the judge gave him an enhanced sentence as allowed by the ACCA. Erlinger argued that he did not qualify for an enhanced sentence because the burglaries did not occur on different occasions as with the Wooden case. The Seventh Circuit rejected this argument, but the Supreme Court appeal was unopposed.

The SCOTUS Decision

The Supreme Court ruled in favor of Erlinger in a 6-3 majority ruling, which is an unusual split considering the makeup of the majority and the dissent. It decided that judges should not make this decision but instead leave it up to a jury. This was something that Erlinger’s lawyer, Jeffrey Fisher, had requested during the initial trial. Fisher says that he had made that argument successfully several times before, but that this judge would not allow it. In making the decision, Justice Neil Gorsuch noted Apprendi v. New Jersey. In that case, the justices held that a jury could find the facts that would impose harsher penalties. It is important to note that SCOTUS did not necessarily disagree with the application of the ACCA in the Erlinger case. It noted that Erlinger might not prevail in the lower courts.

The Dissent

The dissenters based their opinion on Almendarez-Torres v. United States. In that case, the justices ruled that either a judge or a jury could decide a sentence enhancement. In other words, they would leave it up to the judge. Part of the logic here is that it could expose the jury to information that would bias their core decision.

Implications of the Decision

In the future, juries in federal cases will determine whether there is evidence to support an enhanced sentence. Whether this affects state criminal cases remains to be seen.

Local Representation in North New Jersey

If you have been charged with a crime, it is imperative to have legal representation to ensure your rights are protected. Gregg A. Wisotsky is a Morristown criminal defense lawyer with significant of experience representing clients. To set up your consultation, contact us online. You can also call our Morristown office at 973-898-0161 during normal business hours or at 908-229-9714 after hours and on weekends.

Your Rights When You Are Stopped By Police

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Know Your Rights if You Are Stopped By the Police

Police officers in New Jersey and around the country are tasked with enforcing the law and keeping communities safe, but they must operate within strict boundaries established by the U.S. Constitution and the courts. If you ever find yourself being asked questions by a police officer, you will find the situation far less stressful if you know your rights.

Constitutional Protections

The most important protections that you will enjoy if you are stopped and questioned by the police are provided by the Fourth and Fifth Amendments to the U.S. Constitution. The Fifth Amendment states that no person can be compelled to be a witness against themselves, which means that you will have the right to remain silent in any encounter with police officers. If you do not wish to answer any questions, simply say that you wish to remain silent.

Some people think that the right to remain silent only applies after an individual has been taken into custody, but this is not the case. Police officers give what is known as a Miranda warning to the suspects they arrest to ensure that anything they do say will be admissible in court. You can assert your right to remain silent at any time, and you do not have to answer any questions that you do not want to.

The Fourth Amendment protects you against unreasonable searches and seizures. If a police officer wants to search your home, vehicle or person, they must have your consent, obtain a search warrant or have probable cause to believe that evidence of criminal activity will be discovered. If a police officer asks for your permission to conduct a search, you have the right to say no. If the police officer conducts a search despite your objections, a Morristown criminal defense lawyer could argue that his or her actions were illegal and any evidence discovered should be excluded.

Exceptions to the Rules

The courts have ruled that police officers may act in ways that infringe on rights protected by the U.S. Constitution in certain situations. Police officers may enter a home without a search warrant when they are in hot pursuit of a suspect, see evidence of criminal activity in plain sight or are responding for cries for help or some other emergency. Police officers are usually required to have probable cause to believe that a crime has been committed or is being committed before they can pull a vehicle over or stop a person who is going about their business, but the U.S. Supreme Court created an exception to this requirement in the 1968 case Terry v. Ohio.

The case involved a group of men who were stopped and searched by police officer who believed that they were planning to commit a robbery. The police officer arrested the men after discovering that they were carrying firearms. This search seemed to violate the Fourth Amendment because the police officer lacked probable cause to act, but the justices ruled that it was legal because the officer had reasonable suspicion. This ruling gave rise to what is known as a Terry stop and frisk.

Police officers may initiate a Terry stop when they reasonably believe that an individual or group of individuals are engaged in criminal activity. Police officers cannot arrest suspects based on suspicion alone, but they can pat them down for weapons. Police officers may pat a suspect down during a Terry frisk, but they cannot reach into or squeeze their pockets.

What You Should Do if You Are Stopped by the Police

If you are stopped by the police, you should try to remain calm and composed. You should be polite and courteous to the police officer, but you do not have to answer any questions. In New Jersey, you do not have to give a police officer your name or provide any identification unless you are operating a motor vehicle. You should not argue with, resist or try to flee from the police officer as this will make things worse and could lead to criminal charges. If you are taken into custody, you should assert your right to remain silent and contact an experienced defense attorney as soon as possible.

Gregg Wisotsky is a Morristown criminal defense lawyer who has been advocating on behalf of the accused for more than 30 years. If you are being investigated by the police or have been charged with a crime and would like to schedule a consultation with Mr. Wisotsky, you can call his Morristown office at (973) 898-0161. If you prefer, you can schedule a consultation online.

New Jersey’s Criminal Record Expungement Process

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The Criminal Record Expungement Process in New Jersey

In 2019, New Jersey Gov. Phil Murphy signed the Second Chance Agenda, which was a piece of legislation encompassing major criminal justice reform. A key component of this legislation was a clean slate law and the establishment of an Expungement Unit. With these changes, the total number of expungements rose from about 36,000 between 2018 and 2020 to 144,000 between 2021 and 2023.

What is an Expungement?

How criminal record expungement is defined varies from state to state. In some states, it means that the criminal record is destroyed. In New Jersey, it means that the state seals your record from public view. It will not be available for background checks for housing or for most jobs. An expungement also gives you the right not to reveal the arrest, conviction or criminal record.

Who Can Access an Expunged Record?

The federal government has access to your expunged record. The record will be made available when applying for a job in law enforcement or corrections or with the courts. Furthermore, if you are ever arrested again, the courts will also have access to the record for the purposes of setting bail and determining your eligibility for diversion programs.

Which Records Can You Expunge?

Most New Jersey criminal records are eligible for expungement. That includes indictable offenses, which many other states term felonies. You can also expunge disorderly persons offenses, which are classified as misdemeanors, and municipal ordinance violations, which are generally punishable by a fine.

The category of the crime is not the only factor. It depends on the total number of arrests and convictions on the record and how long it has been since they occurred. In most cases, an expungement will be available to a person at some point. There are exceptions, and examples include convictions involving:

  • Arson
  • Robbery
  • Kidnapping
  • Homicide
  • Child pornography

There are other exceptions. These include violations involving motor vehicles, such as driving under the influence. You can also not expunge the conviction for distribution or sale of a dangerous substance unless that conviction involved a small amount of either marijuana or hashish.

When Can You Apply for Expungement?

How long you need to wait to file for expungement depends on the circumstances. If your arrest did not result in a conviction or involved a minor marijuana offense, you can typically file immediately. For municipal ordinance violations, you must wait two years. More serious crimes generally require a wait time of five years. There is also a different set of rules for juveniles.

How to Apply for Expungement

One of the core goals of the clean slate law was to remove barriers, such as requiring an attorney. Still, Morristown criminal defense lawyers recommend representation if at all possible.

If you would rather file a petition for expungement yourself, you have a couple of options. You can use the online expungement system to file your petition electronically. This system will select the appropriate forms and populate most of your information for you. However, you need to ensure that it is complete and accurate. Mistakes and omissions could cause delays.

If you lack computer or internet access or simply prefer hard copies, you can still prepare and file paper forms. Those forms are available online. Once you have completed the forms, you have two options to submit them. You can submit through the New Jersey Count Judiciary Electronic Document Submission System. You may also file in person through the court clerk for the Superior Court in the county in which the arrest or prosecution occurred.

Legal Assistance for Expungement in New Jersey

If you would like to expunge your New Jersey criminal record, Gregg A. Wisotsky is here to help. Our law firm has extensive experience navigating the expungement process. To meet with a Morristown criminal defense lawyer to discuss your case, call us at 973-898-0161, or contact us online.

How Racketeering Laws Work in New Jersey

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Many people associate racketeering laws with so-called “mobsters.” While it was certainly an important tool in that regard, Morristown criminal defense lawyers note that the New Jersey RICO statute has allowed law enforcement to target a wide range of alleged criminals. It has applied to credit card thieves and gambling rings and even played a role in high-profile divorce cases.

The Purpose of Racketeering Laws

Prior to the federal RICO act, it was difficult for law enforcement to target people who were organizing crime and profiting from it but not necessarily contributing to it directly. This shelter is what made it so challenging to charge mob bosses and have those charges stick. RICO changed the criminal law landscape in the U.S. It was now illegal to coordinate and profit from crimes even if one were not directly responsible. In other words, it let law enforcement target all types of organized crime no matter the shape it took.

Racketeering Statute in New Jersey

The statute that defines racketeering in this state is 2C § 41-1 of the New Jersey Code of Criminal Justice. What the statute makes a crime is receiving income from not just racketeering activity but a pattern of it and then using any of that income to engage in trade or commerce or any activities that affect it. A racketeering activity must be a crime as otherwise defined by New Jersey law. These include but are not limited to:

  • Bribery
  • Extortion
  • Gambling
  • Human trafficking
  • Murder
  • Robbery
  • Securities fraud

Pattern of Behavior

The language pattern of racketeering in the statute is very purposeful and important. The goal is to prevent district attorneys from applying racketeering to any criminal case. According to the statute, there must be at least two incidents of racketeering that are within 10 years of each other. Furthermore, the state must demonstrate that the incidents are interrelated and not isolated.

Investigative Interrogatories

The statute also empowers the Attorney General. If that official determines there is reasonable suspicion that a person or enterprise participated in racketeering or is in possession of documents related to racketeering, they can demand that information prior to any criminal or civil proceedings.

Classifications and Penalties

The seriousness of the racketeering depends on the seriousness of the crimes that make up the racketeering activities. The racketeering is a crime in the first degree when the racketeering activity is a first-degree crime, is a violent crime or involves the use of firearms. All other incidents of racketeering are crimes in the second degree. First-degree racketeering carries with it a 10- to 20-year prison sentence and a fine up to $200,000. Second degree carries with it a 5- to 10-year prison sentence and a fine up to $150,000.

Asset Forfeiture

Anyone convicted of racketeering is also subject to asset forfeiture. The asset seizure is coordinated by the agency prosecuting the defense. It encompasses all money and property that were acquired through the racketeering or used for the purposes of it. This includes any securities.

Civil Penalties

Racketeering is not limited to criminal cases at either the federal or state level. When used in business divorce litigation, for example, there is often no criminal charge. Civil penalties include forfeiting anything of value that was acquired through the racketeering. This extends to interest in a business enterprise and any properties controlled as a part of that venture. The court also has the right to place restrictions on the individual to prohibit participation in similar ventures in the future.

A Defense Against Racketeering Charges

Any person charged with a pattern of racketeering activity should seek out seasoned defense counsel as soon as possible. Gregg A. Wisotsky has more than 25 years of experience defending clients in criminal cases. If you would like to have your case reviewed by a Morristown criminal defense lawyer, call our office at 973-898-0161, or contact us online.

The Collateral Consequences of a Criminal Record

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The Lasting Impact of a Criminal Record

A criminal record creates challenges for many individuals. These collateral consequences can impact employment, housing, family dynamics and civil liberties. Today, over 9 million people have a felony conviction, and many continue to struggle to reintegrate into society.

Employment Issues

Individuals with criminal records often face discrimination in the job market. In turn, that can lead to financial instability. Unfortunately, federal laws allow employers to inquire about an applicant’s criminal history. Also, almost all employers conduct some form of background check. These individuals are often passed over in favor of those without a criminal record. All of that can affect their ability to secure gainful employment.

Housing Problems

A criminal record can cast a long shadow over housing opportunities. Many individuals with records encounter hurdles when securing and maintaining stable housing. Even being arrested can jeopardize their living arrangements and lead to eviction.

Many public housing agencies and private landlords have policies that limit or flat-out deny housing to those with criminal histories. Unfortunately, that has led to higher rates of homelessness among formerly incarcerated individuals.

Separation of Families

The collateral consequences often extend to family relationships. These individuals experience heightened scrutiny and risk being separated from their loved ones. Even without criminal charges, legal system involvement can trigger child welfare investigations. When that happens, they often have to consult with a Morristown criminal defense lawyer to help protect their rights.

Loss of Civil Rights

A criminal record strips individuals of fundamental civil rights. Millions of people in the United States cannot vote due to prior convictions. This loss of voting rights heightens existing inequalities within the democratic process. Additionally, those with felony convictions are often excluded from serving on juries. In turn, that can limit their participation in civic life.

Educational Barriers

Individuals with criminal records often face challenges when seeking higher education. Most four-year colleges in the United States require applicants to disclose their legal histories. This practice leads to economic inequalities. It can also restrict personal growth and development opportunities for these individuals.

Financial Strain

Individuals with criminal records also experience financial strain due to collateral consequences. This situation can create more difficulties for them. Sometimes, a criminal history can make it harder for them to secure stable housing, access public benefits and gain employment. Sadly, this cycle of poverty is difficult to break.

Individuals who face employment discrimination often struggle to access public benefits, such as Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP). Unfortunately, only a few programs address these economic challenges and provide a more equitable path for individuals seeking to rebuild their lives.

Long-Term Scrutiny

These individuals experience invasive scrutiny through parole or probation. With that, the criminal justice system severely limits their time, mobility and conduct. As a result, it can impede a person’s successful reintegration into society.

Changing the System

When society recognizes the impact of collateral consequences, that can lead to policy reform. Legislators must reevaluate laws that allow employers to ask about criminal history. With that, they can work toward fairer hiring practices to dismantle barriers to employment.

By advocating for changes in housing policies, both in the public and private sectors, society can address the housing instability faced by individuals with criminal records. Public awareness campaigns and legal initiatives that challenge the stigmatization of a criminal history are important. As a result, it shows that the community values rehabilitation and reintegration over continued punishment.

Community support and rehabilitation programs can help individuals with criminal records overcome the challenges posed by collateral consequences. Counseling, job training and educational opportunities empower individuals to break the cycle of poverty and reestablish their lives. Society needs to recognize the potential for growth and change in every individual.

Reach Out To a New Jersey Criminal Defense Attorney

A criminal conviction can lead to life-altering consequences. We can assist with your criminal defense at the Law Office of Gregg Wisotsky. We will help you navigate New Jersey’s legal system. To discuss your case with a Morristown criminal defense lawyer, call 973-898-0161 or fill out our contact form.

Upcoming Supreme Court Case May Affect Search-and-Seizure Laws

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Unreasonable searches and seizures are one of the most common reasons for a case to get thrown out of court. This type of legal challenge occurs whenever a defense attorney claims police violated their client’s rights while obtaining evidence. After years spent ignoring this subject, the Supreme Court will be looking at a search-and-seizure case that could have a major impact on future legal defenses.

Idaho Man’s Search-and-Seizure Case Goes to the Supreme Court

Typically, the Fourth Amendment prevents police officers from searching cars without probable cause. However, since the air around the car is considered public space, it’s usually legal for law enforcement to get a drug dog to sniff around for the presence of drugs. One Idaho man has chosen to contest this law in a case that’s extended all the way to the United States Supreme Court.

When Kirby Dorff was pulled over due to an improper turn, a police dog named Nero was called to examine his vehicle. Nero circled the car, jumped up on the side of the driver’s door and then alerted the officer to the scent of drugs. This led to Dorff’s arrest for the possession of methamphetamines.

Dorff’s criminal defense attorney was able to argue that the police dog touching Dorff’s car counted as trespassing, so any evidence recovered from his actions could not be used in court. However, after Idaho’s various courts could not agree on the correct interpretation of the Fourth Amendment, the case was eventually sent to the Supreme Court.

So far, it’s unknown whether the Supreme Court will actually decide this case. They have to look over the evidence, but they may choose not to formally hear the case if they believe it has no national significance.

What Legal Observers Have To Say About the Case

Even though the outcome is still unknown, this case has already sparked a lot of debate. Some believe that this case is very important. The Idaho Supreme Court points out that the case is essentially arguing over whether a police dog can behave in a way that would be illegal for a human police officer to behave. Supporters of Dorff point out that it’s unreasonable for a presumably innocent person to have to let a police dog climb all over their car.

However, others believe that the search-and-seizure case will be harder to decide. Since Nero placed only his paws on the car for a few moments, his actions could be compared to simply brushing against a vehicle. Justice Gregory Moeller says Nero’s actions do not count as a physical intrusion, so the resulting search of the car was legal and warranted.

How This Decision May Affect Other Criminal Prosecutions

If the Supreme Court chooses to hear this case and decides in Dorff’s favor, it could have a major impact on the way police handle drug searches. Right now, it’s fairly common for drug dogs to jump onto a person’s car when they’re trying to locate the source of a scent. If the Supreme Court agrees that this is a type of trespassing, drug dog handlers will need to stay farther back from the car and prevent their dogs from touching it.

This new ruling would also have the potential to affect many criminal cases handled by Morristown criminal defense lawyers. In situations where a person was arrested after a drug dog gave the police an excuse to search, they might be able to use Dorff’s argument for their own case. This could potentially help to protect people from situations where a drug dog invaded their space and then told the police to search the car.

Regardless of the outcome of this specific case, the Law Office of Gregg Wisotsky remains dedicated to protecting his clients’ Fourth Amendment rights. We help people in New Jersey with their criminal defenses. You can count on us to help you navigate the legal system and plead your case in court. To discuss your case with a Morristown criminal defense lawyer, call 973-898-0161 or fill out our contact form.

The Role of Judges in Plea Bargains

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How Judges Are Involved in Plea Deals

Research has shown that roughly 94% of all felony cases tried at the state level are resolved through a plea deal. Furthermore, 97% of all federal felony cases are resolved in this same way. Typically, the judge’s role is to evaluate a plea deal to determine whether it represents an adequate sentence in a given case.

The Purpose of a Plea Deal

A prosecutor will sometimes offer a plea deal in a case to save money, time and other resources that may be better spent on more important cases. Defendants will often accept plea deals because they provide a greater sense of certainty about their future. In some cases, a defendant may be able to avoid incarceration or other serious interruptions to their lives in exchange for a guilty plea that they may not have originally been willing to make.

Plea Deals Are Conditioned Upon a Judge’s Approval

After a plea deal has been agreed to, the prosecutor will present it to the judge as part of an overall sentencing recommendation. For instance, a prosecutor may recommend that a defendant receive credit for time served in exchange for pleading guilty to a misdemeanor charge.

The judge will then look at the terms of the proposed deal and decide whether or not to accept it. A deal may be altered or rejected outright if there are aggravating circumstances that would justify taking such action. For instance, a defendant may have a plea deal revoked for not showing enough remorse in court.

A judge may also feel that a defendant deserves to receive a harsher sentence based on the facts of the case. If the defendant has pled guilty to harming a child, a plea deal may be rejected based on that factor alone. A defendant might also receive a harsher sentence if that person has committed serious offenses in the past.

Can the Deal Stand Up to Scrutiny?

Another issue that a judge must consider when evaluating a plea deal is whether it will hold up on appeal. A defendant may try to argue that the agreement was the result of poor counsel or pressure from the prosecutor. If a defendant doesn’t have the mental capacity to enter into a contract, a plea agreement could be overturned on appeal.

Even if a plea deal isn’t overturned on appeal, the goal of reaching such an agreement is to save time and money, and that won’t happen if the trial court has to consider it again. Ideally, your Morristown criminal defense lawyer will spend time explaining a proposed plea deal in your case and what it might mean if you agree to it.

Judges Can Help to Craft Plea Deals

Given the number of cases on a docket at any given time, judges generally don’t have time to get involved with plea negotiations. However, they do have the right to take an active role in a given case if they see fit. This might happen if a judge sees potential in a defendant and wants that person to eventually reenter society as a productive adult.

Therefore, a judge may order a defendant to stay at a medical facility in lieu of going to jail. A defendant may also be ordered to find a job and to report to the court on a regular basis for status updates. In many cases, if a defendant abides by the court’s orders, the charges in the case will be dropped.

Judges may also decide to get involved in court cases because they resonate with them on a personal level. For example, if a judge has a family member who struggles with addiction, it may provide an incentive to get directly involved in a case involving an addict.

If you are charged with a crime, contact Morristown criminal defense lawyer Gregg Wisotsky today. You can do so by calling his Morris County office at 973-898-0161 during regular business hours and 908-229-9714 during evenings and weekends.

New Jersey Cocaine Laws

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Cocaine Laws in New Jersey: Offenses and Penalties

If you’ve been arrested for violating New Jersey’s cocaine laws, you’re likely worried about your future and the penalties that you might face. New Jersey spent an annual average of $1.2 billion to arrest, prosecute, and incarcerate people for drug crimes, including cocaine offenses, during the 10 years from 2012 to 2021. Since the state criminalizes drug offenses, it’s critical to understand your charges and get help from an experienced Morristown criminal defense lawyer.

How Serious Are Cocaine Charges in New Jersey?

The Garden State treats all cocaine offenses seriously. Every cocaine crime in New Jersey is an indictable offense, including the possession of minute amounts of cocaine. Here’s a look at some of the most common charges you might face for different cocaine-related offenses in the state.

Simple Cocaine Possession

Under N.J.S.A. 2C:35-10, possessing any amount of cocaine is a third-degree felony. This law makes it illegal for anyone to possess a controlled drug without a valid prescription, and cocaine is a scheduled controlled substance under both state and federal law.

While there is a presumption against incarceration for third-degree indictable offenses in New Jersey, a conviction could result in the following penalties:

  • Three to five years in prison
  • Six-month suspension of your driver’s license
  • Fine of up to a maximum of $35,000

However, the court may not assess these penalties for a first offense. The fact that the simple possession of cocaine carries a presumed non-incarceration sentence means that first-time offenders might be eligible for participation in a pretrial intervention (PTI) program. If accepted into PTI, your charges could be dismissed if you complete all of the program’s terms. This may keep a conviction off of your record.

Cocaine Distribution or Manufacturing

Distributing or manufacturing cocaine is a more serious crime than simple possession. Under N.J.S.A. 2C:35-5, the severity of your charge will depend on the amount of cocaine that you are caught with along with other factors. Cocaine distribution offenses are graded from the least to the most serious as follows:

  • Third-degree distribution – Distribution of 0.499 or fewer ounces of cocaine by measured weight
  • Second-degree distribution – Distribution of 0.5 ounces up to 4.99 ounces of cocaine
  • First-degree distribution – Distribution of 5 or more ounces of cocaine by measured weight

The potential penalties also vary based on the offense’s grading. A third-degree conviction carries a presumption of non-incarceration and a maximum of three to five years in prison, a maximum $35,000 fine, and a six-month loss of your driving privileges.

A second-degree distribution conviction carries from five to 10 years in prison with a presumption of incarceration and a maximum fine of up to $150,000. Finally, a first-degree distribution conviction carries from 10 to 20 years in prison and a maximum fine of $500,000. Depending on the amount and whether the cocaine crossed state lines, you could also be charged federally.

Potential Defenses to Cocaine Charges in New Jersey

It’s important to note that criminal charges are not evidence of guilt. Instead, the prosecutor must meet a high burden to convict you as charged. The following are a few of the potential defenses that might be raised, depending on the facts and circumstances of your case:

  • Lack of reasonable suspicion to support a stop
  • Lack of probable cause for a search or arrest
  • Failure of the officer to secure a search warrant
  • Incorrect weight of the drug
  • Lab errors
  • Substance was not cocaine

Other defenses might be available depending on your situation.

Get Help From an Experienced Morristown Criminal Defense Lawyer

If you are facing cocaine charges in New Jersey, reaching out to an experienced Morristown criminal defense lawyer may be beneficial. Attorney Greg S. Witosky has decades of experience successfully defending people against all levels of criminal charges. Contact us today by calling 973-898-0161 or 908-229-9714 on evenings or weekends for a consultation.

The Collateral Consequences of a Criminal Record

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How Your Record Follows You After You Are Free

According to a report released in 2021, 72% of restrictions placed on individuals after their release from jail or prison hindered their ability to find a job. An inability to find work may exacerbate issues in finding a decent place to live or getting the education needed to qualify for available positions in their chosen fields.

Finding Work

There are a number of reasons why it may be harder for New Jersey residents to find work after being released from jail. In some cases, they aren’t able to obtain gainful employment because they aren’t allowed to be within 1,000 feet of a school or other public places. It’s also possible for those who are convicted of crimes to lose their professional licenses as a condition of their sentences.

In addition, employers may decide that it’s too risky to hire someone who has a criminal record as it may pose a liability hazard. Let’s assume that a company hired a worker who has previously been convicted of DUI as a truck driver. If that driver were to drive a company vehicle while impaired, the employer could be liable for any damages caused by that employee. Similarly, companies in industries that require workers to enter customer homes, such as HVAC technicians or plumbers, may not be able to hire someone with theft or burglary convictions.

Obtaining Housing

Housing may be difficult to find for those who are barred from living near schools, churches or other buildings. In some cases, it may not be possible to find a suitable home or apartment in an area that is safe, affordable and relatively close to work. In addition, if you are prohibited from living in proximity to certain spaces, you may have to live elsewhere even if you have friends or family members willing to open their homes.

This might mean that you are forced to live in a dangerous part of town or overpay for poor accommodations. If you have kids, this may make it harder to see them on a regular basis or to retain your parental rights.

If location is not an issue, finding a landlord willing to rent to someone who has a criminal record might be difficult. As with employers, landlords typically run background checks on anyone who submits an application to live in their properties. In some cases, prospective tenants have been barred from obtaining homes or apartments because of infractions that occurred years or decades ago.

Landlords may also be reluctant to rent to tenants who have a criminal record even if they are convicted of minor offenses such as drug possession or petty larceny. A Morristown criminal defense lawyer may be able to explain the impact of a conviction for any type of crime. An attorney may also explain that a plea deal is the same as a conviction and that accepting a deal may come with the same consequences.

Going to School

Going to school may be difficult after being released from jail or prison because those with criminal records may be ineligible for federal financial aid. If you are ineligible for federal aid, it may take years to pay for college out of your own pocket. In addition to tuition, it’s also possible that you’ll need to pay fees related to obtaining or retaining a professional license. At the same time, you may also be paying fines, legal fees and other costs related to your case.

If you are unable to drive after being released from jail or prison, it may be difficult to get to class on time if you are able to enroll in school. You may also struggle to get to field trips or other required activities in a timely manner, which may further inhibit your ability to get a degree.

If you are in need of a Morristown criminal defense lawyer, contact Gregg Wisotsky today. You can do so by calling the Morris County office at 973-898-0161 or by submitting the contact form that can be found on our website.

Are Plea Bargains Detrimental?

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What Is the Real Cost of Plea Bargains?

The practice of plea bargains has been accused as being more about efficiency than fairness; sometimes, plea bargains don’t take into account who is innocent. The American Bar Association published a report that showed how plea bargains play into 98% of all criminal cases that are seen in federal court on an annual basis.

Plea Bargains Have Greatly Reduced the Number of Trials

The task force that the ABA employed for this report was made up of judges, prosecutors, academics and criminal defense attorneys. They found that numerous innocent individuals were persuaded to plead guilty and accept a plea bargain. This is owed in no small part to the amount of influence carried by prosecutors, who often make it a point to remind defendants that they will have to face a mandatory minimum sentence that may span decades if they do choose to go to trial.

In the majority of judicial districts in the United States, a standard trial is exceedingly hard to find. The trend has gotten to the point that trials rarely ever happen in some places. In other areas, they have been eliminated entirely according to a report by the ABA Plea Bargain Task Force.

In the federal court system, the number of trials held is already meager. And to add to this problem, certain states like Texas, Pennsylvania and New York have trial rates that are less than 3%. For Santa Cruz County in Arizona, no trials at all took place between 2010 and 2012, according to the ABA’s report.

What Makes Plea Bargains So Popular?

Plea bargains have greatly increased in prevalence, and as they have grown more widespread, countless innocent defendants have been put at risk. This is a trend that has been going on for decades. Plea bargains cost the court less, cost less in lawyer fees, and have a quick resolution, and all of these things could be attractive to someone who is accused of a crime and has little faith in a fair resolution from the justice system.

Why Are Plea Bargains a Problem?

In some cases, bad behavior from law enforcement and government officials doesn’t get the checks and balances that it should as a result of plea bargains. Misconduct and errors tend to only come out once a Morristown criminal defense lawyer has been able to access materials like witness interviews. It is often through the help of these materials that a government case’s strength can be tested before it goes to trial.

Another issue that plea bargains bring up and add to is racial inequality. For instance, when a defendant is black, they are more likely to face multiple charges stacked up against them in cases that involve gun or drug charges.

When a defendant does opt to go to trial rather than give in to a plea bargain, the sentence tends to be significantly more severe. This is called the trial penalty, and statistics show that it will often lead to sentences that are as much as seven to nine years longer.

The Rise in False Guilty Pleas

The instances where defendants who are innocent agreed to plead guilty stood out the most in the ABA’s report. As part of the Innocence Project, there is a database that shows dozens of exonerations for individuals who agreed to a guilty plea even though they were innocent.

One of the task force’s co-chairs, Lucian Dervan, emphasized the impact this trend has on the community as a whole. The consequences are not just limited to the individuals who enter into plea bargains. On the contrary, community safety in general is threatened by the normalization of this practice.

This co-chair is also the creator of the Plea Bargaining Institute, which generates and shares research on the issue. Dervan has made it clear that an overhaul of the justice system is past due. The Belmont University law professor also says that it won’t be an easy job since there will likely have to be alterations to ethics rules and laws in numerous states across the U.S.

There have been a total of 14 official recommendations that have come from the ABA task force. Top among these is the need to gather and analyze plea bargain data. The task force also recommends that defendants are given access to discover materials prior to entering a plea bargain. Additionally, the need to do away with pretrial detention and bail requirements when used to try to convince a defendant to plead guilty was underlined.

Call Gregg Wisotsky today for a Morristown criminal defense lawyer who can evaluate your case. You can reach us at 973-898-0161.

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