Somerset, New Jersey, Criminal Law Blog

Excessive force or resisting arrest? Your word against a cop's

On behalf of Steven A. Garner, Attorney At Law posted in blog on Thursday, April 19, 2018.

Few things can ruin an otherwise perfectly pleasant day like seeing a police officer's patrol car lights flashing in your rear-view mirror. Especially if you've had a traffic ticket in the recent past, the last thing you want is more points added to your driving record. It's one thing for a police officer to make a traffic stop. It's quite another for him or her to deviate from the strict protocol that governs such situations, which may lead to violations of your personal rights.

If the police officer that pulls you over thinks you have been driving while intoxicated, he or she may assertively try to get you to admit that. The Fifth Amendment protects you by allowing you to invoke your right to remain silent. There are certain things a traffic officer can do to determine probable cause for an arrest, such as ask you to exit your vehicle to take a field sobriety test. However, the officer may not use unnecessary and excessive force against you at any time.

The subjective nature of field sobriety tests

On behalf of Steven A. Garner, Attorney At Law posted in blog on Wednesday, March 21, 2018.

If police arrest you for drunk driving, they may have made up their minds that you were intoxicated long before they approached your vehicle. Perhaps your car swerved over the yellow line, or you were driving too slowly, as people tend to do when police are following them.

A New Jersey officer who already suspects you of driving under the influence will use every moment of his or her encounter with you to collect evidence to support that suspicion. Once the officer has enough probable cause, he or she can place you under arrest. One common tool law enforcement uses to gain probable cause is the standard field sobriety test. Understanding the implications and weaknesses of these tests may help you make important decisions if you face a DUI arrest.

Is it true what they say about drugs on college campuses?

On behalf of Steven A. Garner, Attorney At Law posted in blog on Friday, February 16, 2018.

Whether this is your first or final year at a New Jersey college or university, you've likely already faced (and hopefully overcome) several challenges. Perhaps you had never been away from your family before, and it took some time to work through the homesickness you felt when you first moved into your dorm or apartment. Then again, maybe you had no trouble adapting to that aspect of college life but greatly struggled to get to classes on time and develop good study habits.

Such issues are common among college students in this state and everywhere. The trick is to find what works best for you, including making good choices when it comes to how and with whom you spend your free time. It's no secret that many college students run into trouble (sometimes, even legal problems) when their choices lead them down certain paths. A major concern on most college campuses is drug and alcohol use.

Did seemingly harmless items leave you facing possession charges?

On behalf of Steven A. Garner, Attorney At Law posted in blog on Wednesday, January 17, 2018.

Many New Jersey residents may have dabbled in actions throughout their lives that were not entirely legal. Though they may not have faced criminal charges or considered themselves criminals, those actions likely still should not have been carried out. Some parties may find themselves making excuses for their behaviors because those actions do not necessarily hurt anyone else. However, authorities may still feel the need to file charges in some cases.

When it comes to drug-related crimes, even seemingly minor acts can have considerable impacts. Depending on the type of crime that police suspect that you have involvement with, the allegations brought against you may vary in type and severity. You could potentially even find yourself charged when you thought you acted legally.

Identifying possible prescription drug abuse by college students

On behalf of Steven A. Garner, Attorney At Law posted in blog on Thursday, December 21, 2017.

Like other New Jersey parents, you sent your child off to college in the hopes that he or she would study hard, earn a degree and enjoy some measure of success in life. You more than likely gave your college-bound child sage advice regarding the dangers of drinking and taking illegal drugs.

What you may not have considered is that your child could become addicted to prescription drugs. This appears to be a significant problem on many college campuses throughout the country. How do you know whether this is a problem for your college student?

How could your Miranda Rights affect your criminal defense?

On behalf of Steven A. Garner, Attorney At Law posted in blog on Thursday, November 23, 2017.

At any point in your life, you could find yourself facing an unexpected legal situation. Though the details of the predicament could range to include numerous scenarios, you may feel unprepared for any incident that may require legal action. If you find yourself charged with a crime, you may feel particularly shocked and overwhelmed by the arrest and have many questions regarding the legal proceedings ahead.

Because there are many elements to an arrest, you may find it useful to gain as much information about your particular predicament as possible. If you believe that the arresting officer did not follow proper procedures, you may have reason to bring his or her actions into question. Specifically, you may have concerns regarding your Miranda Rights.

College tests will look like fun compared to these tests

On behalf of Steven A. Garner, Attorney At Law posted in blog on Friday, October 20, 2017.

Do you hate tests? If so, you are definitely not along. Most college students in New Jersey have at least a small dislike for the testing process. All those hours of studying, memorizing, and otherwise trying to cram massive amounts of information into your brain in order to later regurgitate it on paper in an exam can be quite stressful. In fact, sometimes you might just need to take a break and kickback for a while, away from the books.

There's absolutely nothing wrong with that, and you likely look forward to socializing on and off campus as one of the highlights of your college career. You're also not naive, so you understand the risks involved with college parties, especially those that include drugs or alcohol. If a police officer pulls you over, let's say because your car went a tad bit over the yellow line, he or she may ask you to take a few other tests that will make you wish you were back in your dorm room, studying for finals.

What is assault and how can I fight back against these charges?

On behalf of Steven A. Garner, Attorney At Law posted in blog on Wednesday, September 20, 2017.

A criminal charge of any kind can interrupt and change your life, no matter how major or minor the charge may seem. You may feel overwhelmed by your situation, yet no matter what happened to lead to criminal charges, you still have the right to defend yourself and seek the best possible outcome to your situation.

There are many factors and situations that could lead to assault charges. Ranging from simple assault to battery to aggravated assault, you have no time to lose in building a custom-tailored defense strategy, no matter the details of your individual case. There are various options available to New Jersey defendants, but your quick action is crucial to a successful outcome to your case.

A criminal conviction could really mess up your college finances

On behalf of Steven A. Garner, Attorney At Law posted in blog on Tuesday, August 22, 2017.

If you're like many New Jersey college students, the idea of paying for four years (or more) of post-secondary education seems impossible unless you obtain financial aid. After all, this isn't Europe, where college education is often free. Given the fact that financial aid may be crucial toward helping you achieve your college goals, it's important to know that there are several things that may impede your ability to qualify for financial assistance, one of which would be a criminal conviction.

If a police officer charges you with a felony, you'd definitely not be the first student to face such challenges; however, if things don't go your way in court and the judge hands down a conviction, your hopes for financial assistance may fly right out the window. If you understand the possible ways criminal charges and convictions may negatively affect loan eligibility and you know where to seek help if a problem arises, you may be able to get back on track to bring your college dreams to fruition.

Protect your right to drive and keep points off your license

On behalf of Steven A. Garner, Attorney At Law posted in blog on Wednesday, July 19, 2017.

As a New Jersey driver, you know how important it is to keep your license in good standing and avoid the financial penalties that come when you have points on your license. It can be useful to know how the points system works and how you can protect your personal freedoms and financial well-being.

When a driver has points added onto a license, it can be very costly. Traffic violations may not seem like a big deal, but they can take a serious toll on your life in various ways. It is prudent to know what to do when facing traffic violations or know how to keep your license clear and in good standing.