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What
you don't know CAN hurt you!
Knowing and exercising
your rights can make a difference. We will aggressively
represent your interests in New Jersey Municipal and
State Court matters, as well as Federal criminal matters.
Call today for a free consultation to learn how to safeguard
your Constitutional rights and avoid or minimize costly
fines and, possibly, jail or prison sentences.
Motor
Vehicle Offenses
Convictions for motor vehicle offenses can have serious
consequences such as high fines or revocation of driving
privileges, and will often cause your insurance premiums
to rise. Although these may seem like common legal matters,
the assistance of an attorney can help ensure you receive
the best possible outcome.
Drunk Driving Violations
New Jersey Courts treat DWI charges very seriously,
and a conviction means a mandatory loss of your driving
privileges. In addition, there are substantial fines,
related surcharges and, in some circumstances, jail
time. Moreover, there are enhanced penalties if you
are caught within a school zone, no matter what time
of day you are stopped.
There is a common misperception that DWI charges are
"unwinnable." However, an attorney will subpoena
critical information about the traffic stop, the field
sobriety tests, the administration and maintenance of
the breathalyzer, and, in most cases, allow an expert
to review the scientific data inherent in DWI prosecutions.
Moreover, our investigators visit and photograph the
scene of the DWI arrest to ensure that the field sobriety
tests were administered under proper conditions, and
to bolster our motions to dismiss the DWI.
Before "pleading out" and asking the Court
for mercy, consult an attorney to protect your interests.
We will aggressively put the prosecution to its proofs
and ensure that you are treated fairly.
Indictable Offenses
Before you subject yourself to the penalties of the
criminal justice system, call us for help. We will candidly
guide you through the process, and give you a straightforward
opinion about your case and the best way to get through
the situation.
Indictable offenses are crimes that are punishable by
more than one year in prison (often called "felonies"
in other States. If you are arrested for an indictable
offense you should immediately contact an attorney to
help you negotiate through the system. The process of
an indictable offense is complex, but generally occurs
in the following order:
- After the arrest, the
charges are submitted to the County Prosecutor. The
County Prosecutor reviews the evidence, and can either
remand the case to the municipal court of the jurisdiction
where the offense occurred, or bring the evidence
before the Grand Jury. At this point the Prosecutor's
Office will generally offer a pre-indictment plea
offer. If the Grand Jury finds that there is probable
cause the offense was committed, the person will be
indicted. Of course, the pre-indictment plea offer
is now off the table.
- Once the person has
been indicted, the person will most likely have to
attend an arraignment where the charges are formally
ready to him. Shortly thereafter, the Prosecutor's
Office usually provides discovery, or the evidence
they plan to use against the person.
- After the arraignment,
a status conference is scheduled where dates for motions
and other legal proceedings are set. At this point,
the case may be dismissed or result in entry into
the Pretrial Intervention program (PTI). The Prosecutor's
Office usually offers another plea, and the Judge
sets a plea cutoff date.
- If the case proceeds
beyond the status conference, the defense attorney
usually prepares certain motions, if applicable, to
dismiss the indictment, suppress evidence, or address
any Constitutional violations the police officers
may have perpetrated in the course of their investigation
and arrest. Depending on the specific motion, the
case may be dismissed at this point.
- If the motions are
unsuccessful, there may be additional status conferences
and, ultimately, a pretrial conference to try to resolve
the matter. If the matter cannot be resolved, a trial
date is set.
Post-Judgment Applications
Koufos & Norgaard, LLC, is also experienced in post-conviction
relief applications that can correct trial errors, modify
sentences, retract guilty pleas, or allow for a completely
new trial. These applications typically come in three
forms:
- Appeals: Appeals
are governed by New Jersey Court Rule 2:1 et
seq. and generally must be filed within forty-five
days of a Superior Court judgment. There are provisions
for filing an appeal out-of-time and it is a highly
technical procedure with many court-mandated requirements.
- Applications for
Post-Conviction Relief (PCR): Post-Conviction
Relief Applications for judgments rendered in the
New Jersey Superior Court are governed by Rule
3:22-1 et seq. Post-Conviction Relief Applications
for judgments rendered in the New Jersey Municipal
Courts are governed by Rule 7:10-2. In either
case, a PCR Application typically must be filed within
five years of the date of conviction. Of course, there
are provisions for filing out of time. Koufos &
Norgaard, LLC, handle PCR Applications for all indictable
crimes and have experience in PCR Applications for
murder, sexual assault, robbery (armed and unarmed),
forgery, uttering, conspiracy, possession of CDS,
possession of CDS with intent to distribute, possession
of CDS in a school zone, possession of CDS with intent
to distribute in a school zone, employing a minor
in drug trafficking/distribution, felony murder, driving
while intoxicated (DWI/DUI), refusal to submit to
a breathalyzer, and many other indictable offenses
and non-indictable offenses.
- Municipal Appeals:
Municipal Appeals are appeals to the Superior Court
from the judgment of a Municipal Court. Municipal
Appeals are particularly useful in challenging convictions
for driving while intoxicated (DWI/DUI). During a
Municipal Appeal, a New Jersey Superior Court Judge
will review the record of the Municipal Court, and
either uphold or overrule the decision of the Municipal
Court in whole or in part. Municipal Appeals are particularly
helpful in amending or converting sentences.
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