Criminal Defense Law Video Library

About Keith Hirschorn, P.C.

What are the consequences of endangering the welfare of a child charge?

  • In New Jersey, endangering the welfare of a child is a serious felony and sometimes a second degree felony, which if plead or found guilty can lead to the individual serving time in state prison.
  • Anyone charged with this can also find themselves in […]

What happens if I refuse a Breathalyzer?

  • In New Jersey, they issue you a separate moving violation for refusing the breathalyzer test.
  • With a refusal you’re talking about a civil standard of preponderance of the evidence; much easier to prove for the state.
  • If you refuse, it is treated similarly to […]

When does a hardship license apply and how do they work?

  • Frequent questions I get are about other states and circumstances where there is a hardship license or the ability to keep one’s license for work.
  • Unfortunately, here in the State of New Jersey, either being found guilty after a trial or pleading guilty to […]

Can you describe the Field Sobriety Test process?

  • When someone is stopped for drunk driving, police officers are required to make certain findings before placing the suspect under arrest.
  • A field sobriety test is a broad term for different tests the officer can conduct to determine your state of mind; the officer […]

What is the court procedure for DWI?

  • In about a week, there will be the first appearance before a judge in whatever town the drunk driving incident occurred.
  • Consult an attorney prior to this first appearance.
  • The judge will read you the charges of each ticket and the municipal prosecutor, or […]

What are the penalties for robbery convictions?

  • There are two types of robbery you can be charged with:
    • First degree robbery which involves a weapon, a gun or knife,
    • Second degree robbery (strong armed robbery) which is taking something from someone with  the use of force like a push, shove or […]

What is important to know about BAC levels?

 

  • There are three important BAC levels in the state of New Jersey:
    • Level of .15 is the highest
      • carries an additional penalty of ignition interlocking device
      • 7-12 month license suspension
      • fines and insurance surcharges
      • time in the Intoxicated Driver Resource center
    • Level of .10 […]

What’s important to know about possession of gun charges?

  • In New Jersey, there are two different types of possession of a firearm:
    • Simple possession of a firearm without a permit or
    • Possession of a firearm to do something unlawful or for an unlawful purpose.
  • These are both treated as second degree offenses, and […]

What’s important to know about drug offense in New Jersey?

  • There are different penalties in NJ for the possession or distribution of marijuana and the possession or distribution of any other prescription or narcotic drug; they are sometimes even heard in different courts.
  • Possession of marijuana under 50 grams is sometimes heard in municipal […]

What are the penalties for possession of marijuana?

  • If you are charged with possession of marijuana under 50 grams, the case goes to municipal court in the town you were charged in; here you will be charged with a disorderly person’s offense, also called a misdemeanor.
  • The maximum penalty for this offense […]

What are the penalties for possession of cocaine or heroin?

  • In New Jersey, possession of cocaine, heroin or any other narcotic drug like PCP or ecstasy, is a third degree felony and up to the potential of 5 years in New Jersey state prison.
  • Each case is unique and different and also depends on […]

What are the penalties for possession of prescription drugs ?

  • A common prescription drug I receive calls for is Oxycodone, which although is technically prescribed, is treated like a possession of heroin, cocaine or any narcotic drug charge.
  • If you are charged and don’t have a valid prescription, you face up to five years […]

What is important to know about drug distribution in New Jersey?

  • Often times clients are unsure of facts and circumstances surrounding their case, but they can identify which drug they are being charged for.
  • In NJ, arrest for distribution of any drug is a third degree felony.
  • If convicted, the individual is facing the potential […]

What is important to know about domestic violence in New Jersey?

  • Domestic violence cases usually end up with a temporary restraining order for the victim if they are seeking to have the individual accused of domestic violence charged.
  • As the proceedings get further, the temporary restraining order goes before a judge for a final restraining […]

What is important to know about leaving the scene of an accident?

  • In New Jersey, leaving the scene of an accident is the most significant traffic violation.
  • In recent years, legislature made leaving the scene of an accident that involves certain extenuating or aggravating circumstances a criminal charge.
  • Leaving the scene of an accident involves 8 […]

What are the penalties for a first offense DUI in New Jersey?

 

  • The penalties for a first DUI or drunk driving case in New Jersey are as follows:
    • Up to 30 days in the county jail,
    • Mandatory $500 fine as well as court costs and mandatory assessments totaling up to about $800
    • 12 hours in the […]

What are the penalties for a second offense DUI?

  • The penalties for a second offense DUI in New Jersey are greater than those for the first and can include:
    • Mandatory 2-90 days incarceration in the county jail wherever the incident took place
    • 2 year mandatory loss of driving privileges
    • $1,000 surcharge on your […]

What are the penalties for a third offense DUI?

  • The penalties associated with a third offense DUI in New Jersey can include:
    • Mandatory 10 year loss of driving privileges
    • Mandatory $1,000 fine
    • Mandatory 180 days or 6 months in the county jail (90 days can be served in an inpatient rehab if the […]

What are the penalties for assault in New Jersey?

  • In New Jersey there are two different categories of assault which are aggravated assault and simple assault.
  • Aggravated assault is dependant on the injuries to the victim or if a weapon was used; each aggravated assault is a felony and the facts/circumstances of the […]

What is the significance of driving without insurance?

 

  • In New Jersey, driving without insurance tickets carries a one year mandatory loss of driving privileges.
  • Given certain facts and circumstances to a case, an experienced attorney can talk with the prosecutor to work out a different resolution to your case that doesn’t involve […]

What are the penalties for driving while suspended?

  • Each ticket for driving while suspended carries the potential of a loss of driving privileges as well as a fine starting at $500.
  • The ticket may have various circumstances, facts, and defenses in your particular case that would allow you to avoid some or […]

Can I continue to drive in New Jersey after a conviction for DUI or refusal?

  • Individuals who are charged with driving under the influence or drunk driving in the state of NJ often come to me and ask “Will I be able to drive after my conviction for DUI refusal?”
  • In New Jersey, driving after DUI refusal is the […]

What do I need to know about bail in New Jersey?

  • Bail is an important factor because it is what prevents or allows a criminal defendant to make their way out of jail.
  • A Bail review in NJ is important and most places treat it similarly, in that the criminal defendant is entitled to a […]

What is CJP court in Hudson County and what do they do?

  • CJP court is Central Judicial Processing court, located in Hudson County, taking place at county courthouse in Jersey City.
  • CJP is the first step in a court case involving a felony.
  • The first purpose: the municipal court judge determines what the bail should be […]