Category: New Jersey Bail Law

What Is the Most Common White-Collar Crime in New Jersey?

Posted on by Cathy Scully

White-collar crime is a crime category involving deceit or fraud. The term was coined by American sociologist Edwin Sutherland in the early 20th century. By definition, it refers to a non-violent crime committed with the purpose of achieving financial gain.

A white-collar crime involves the use of non-violent means to acquire money. Although the methods used are non-violent, they are still illegal. This explains why white-collar crime can result in severe penalties.

Are you being investigated, or have you been charged with a white-collar crime? An experienced NJ Criminal Defense Attorney can inform you of your legal rights and options.

 Common White Collar Crimes

What are some of the most common white-collar crimes? Some white-collar crimes are recorded at higher rates than others. They include:

 

Embezzlement

Embezzlement involves illegally and secretly taking money from a party to whom you owe a duty. A typical example is when an employee siphons money from their employer or employing organization into their personal account. In most cases, embezzlement charges are usually brought against a company accountant or investment advisor. A lawyer who misuses a client’s funds can also be charged with embezzlement.

 

Fraud

Fraud is a recurring theme in most white-collar crimes. It involves deceiving a person, investor, or client for financial gain. Generally, the most common type of fraud committed in the country is securities fraud. This is where one party misinforms another about the buying and selling of investments.

Insider trading is a type of securities fraud where an investor makes gains on financial trades by using inside information about a company.

Brokers and investment advisors who provide misleading information to investors when offering and selling an investment can be charged with securities fraud.

 

Tax Evasion

State and federal tax laws set out tax obligations for individuals and companies. If you illegally avoid a tax you are obliged to pay, you can be charged with tax evasion. Tax evasion could also involve illegal property transference to avoid tax obligations and improper tax filing.

Both individuals and businesses can be charged with tax evasion.

 

Money Laundering

Money laundering involves processes designed to ‘clean’ illegally obtained money. This could be money obtained through illegal transactions such as drug sales. Essentially, money laundering takes place in three steps:

  • The ‘dirty’ cash is deposited into a financial institution
  • It is passed through complex transactions, so it is difficult to trace
  • The money is integrated with ‘clean’ money usually through the purchase or sale of assets.

 

Other White Collar Crimes

Other common forms of white-collar crime include:

  • Mortgage fraud – This is where an individual lies about their financial circumstances when applying for a mortgage loan
  • Insurance fraud – This is where an individual lies about an insurance-related incident to collect payment

 

Talk to an NJ Criminal Defense Attorney

White-collar crimes don’t involve violence. However, they can still result in hefty penalties, including jail time. This is why you must discuss your case with an attorney. A knowledgeable NJ Criminal Defense Attorney will help you navigate liability and possible defenses to get the best outcome.

Neary Law has been dedicated to representing defendants facing criminal charges in New Jersey since 1982. Attorney Neary offers quality legal advice and representation. If you have been charged with a white-collar crime, contact him at (201) 801-4365 to schedule a consultation.

 

References

https://www.fbi.gov/investigate/white-collar-crime

https://www.investopedia.com/terms/w/white-collar-crime.asp

Can You Get a DWI Expunged in New Jersey?

Posted on by Cathy Scully

‘Can I get a DWI expunged’ is a common question among New Jersians with a criminal record. This is because having a criminal record can be devastating. Aside from hurting your ability to get gainful employment, it can also affect your eligibility for insurance coverage and mortgage. If you have been arrested for driving while intoxicated, you need to hire a competent NJ Criminal Defense Lawyer.

The penalties for a DWI conviction in New Jersey can vary depending on several factors. For instance, a first-time offender might receive a lighter punishment than a repeat offender. You are also more likely to acquire serious charges if you cause an accident that injures someone.

Let’s take a look at how you can handle a New Jersey DWI conviction.

Expungement in New Jersey

Expungement refers to the removal of criminal charges from your record. In New Jersey, certain convictions can be expunged. These include indictable crimes such as:

  • disorderly persons
  • drug offenses
  • simple assault charges

Unfortunately, once you are convicted of a DWI, it stays on your permanent driving record. This is because a DWI or DUI charge is a traffic offense and not a criminal offense. By maintaining these records, the state can identify repeat offenders and enforce stricter penalties on them.

That said, a DWI conviction doesn’t show up on your background check. This means that it will likely not affect your ability to get a job or housing. But, it could result in surcharges from your insurer.

Post-Conviction Relief

After a DWI conviction has been passed, you can challenge the judgment through a post-conviction relief motion. This is a situation where you argue that your trial attorney failed to defend you satisfactorily during the trial. You can attempt to prove that their actions or omissions hurt your case.

In essence, DWI appeals are rarely successful. It is almost impossible to get the guilty verdict reversed. Nonetheless, there is no risk of getting your sentence increased, and you may even get the court to reduce your penalties.

10-Year Step Down for Subsequent DWI Convictions

In New Jersey, people with DWI convictions are subject to the ‘ten-year step down’ rule. This means that if you get arrested for a DWI 10 years after your first conviction, you will be treated and sentenced as a first offender.

For instance, if you get arrested for driving while intoxicated 13 years after your first conviction, you might have your driving license suspended for 3 months to 1 year instead of 2 years.

This leniency is not available before 10 years pass between your first and second or second and third convictions. If you are arrested in the 8th year, you will face the stricter penalties reserved for repeat offenders.

Hire an NJ Criminal Defense Attorney

A permanent conviction on your criminal record can be a real burden. This is why it is crucial that you retain legal representation at the time of your arrest. Doing so will give you your best chance of beating a DWI conviction.

NJ Criminal Defense Attorney, Brian J. Neary, has handled many DWI cases. Depending on your case’s nature, he can challenge the evidence against you and have your charges reduced or even dismissed. He can also help you avert any additional fines or the loss of your license.

If you are dealing with a DWI case, contact Neary Law today. Contact us at (201) 801-4455.

NEW JERSEY BAIL REFORM IS COMING IN 2017

Posted on by bneary

Major changes, due to take effect in January 2017, are afoot in New Jersey with respect to how bail is set for criminal defendants. One of the most important things for criminal defendants to know when bail reform takes effect is that it will be very important—much more so than before—to be represented by an attorney before the first court appearance, which takes place very shortly after the arrest.

Across the country, states have come to recognize that their existing bail systems are not working as intended, and a few, like New Jersey, have taken steps to make the system work in a way that is more consistent with its goals.

The purpose of having a bail system in the first place is twofold: first, to ensure public safety, and second, to make certain that criminal defendants will return to court. In most states, the system, as it stands, is an imperfect fit for those goals and has a host of unintended consequences.

Why is Bail Reform Needed?

Most states have a resource-based bail system: a judge sets an amount of bail depending on the circumstances of the criminal matter at hand. If defendants can post the amount ordered, they are released pending their next court date. If not, they languish in jail. The majority of people currently in local jails haven’t been convicted of any crime; they are waiting for the disposition of their cases.

Most of these people are awaiting trial on nonviolent offenses. Many are in jail not because they represent a danger to public safety or a flight risk, but because they were financially unable to post bail. Keeping these defendants locked up pending trial costs local governments across the country billions of dollars per year.

Huge Cost

Not only is there a financial impact on communities, but there is also a huge cost to the individual defendants and their families. Criminal justice experts note that for defendants who are employed, pretrial jail time often costs them their jobs. This in turn hampers their ability to support their families.

And the only difference between these defendants and other defendants accused of identical crimes is that some have the money to make bail, and some don’t. Those who don’t may pose no greater risk than those who do, but they suffer disproportionately.

Conversely, there are defendants whose history shows that they pose a risk to the public or specific others if released. Under the old bail policy in New Jersey, it’s possible that a dangerous offender who has the resources for bail would be released while a defendant with no criminal history, charged with a non-violent crime, would be detained due to financial inability to post bail.

New Jersey’s New Bail Policy

New Jersey is one of a handful of states that have elected to shift from a commercial or resource-based system to a risk-based system. This change is expected to have a number of advantages. First and foremost, eligible defendants will be granted release, or not, depending on an objective, standardized risk assessment. The risk assessment tool evaluates the likelihood of a defendant being arrested for a new crime or for a new violent crime or failing to appear in court.

Following the risk assessment, an eligible defendant may be:

  • released on his or her own recognizance
  • granted a non-monetary release with certain conditions
  • released with monetary bail only to ensure a future appearance
  • released with some combination of monetary bail and conditions

There is also the possibility that a defendant will not be released but remain in detention. This would happen only following a motion by the State and a hearing on the motion, not simply at the court’s request. The new law puts legal protections in place for defendants in the event of such a motion and the detention hearing that would follow.

Have an Attorneys Representation

These protections include the right to be represented by counsel and to cross-examine witnesses. In these cases where a defendant’s release or detention hinges on the outcome of a detention hearing, it is going to be especially critical to have an attorney’s representation as soon as possible.

In the months leading up to New Jersey’s new bail policy taking effect, we will continue to post information about the changes in the law, including who is an “eligible defendant,” and details on the risk assessment process, the various types of release, and the process for granting release or detention.

Attorney Brian Neary has been instrumental in educating New Jersey attorneys on this sweeping reform, including speaking at the 2016 New Jersey State Bar Convention and before the Hudson County Bar Association. He has also served as a faculty member for NJICLE’s “New Jersey’s Comprehensive Bail Reform Law: 2016 Update.” Contact us at (201) 801-4334.