Search Result for: — 289 articles

At John Menzel J.D. in Asbury Park, NJ, we understand that facing a DUI charge can be one of the most stressful and uncertain experiences of your life. Whether it’s your first offense or a repeat situation, the consequences of DUI that you face are serious and can have dramatic impacts on your personal life as well as professional prospects for years to come. If you’re frantically searching DUI lawyer near me, DUI defense attorney John Menzel and the team are here, ready to walk you through what you can expect with the DUI legal process. We’ve prepared this article… Read More

In this article, you will discover: What to consider when you hire a DWI attorney. The benefits of hiring an attorney with a DWI specialty. The questions you should ask a DWI attorney during the initial consultation. What Should I Consider When Looking For A DWI Attorney? Experience While there’s no template for picking an attorney, they should have a significant measure of experience trying DWI cases. Ask the attorney if they are a member of any organizations, such as the National College for DUI Defense, DUI Defense Lawyers Association or the Association of Criminal Defense Lawyers. These are the… Read More

In this article, you will discover: What you should avoid saying during your DWI trial The potential outcomes of your DWI trial The most common mistakes defendants make during a DWI trial What Should I Avoid Saying During The Trial? The default answer regarding what you should or shouldn’t say at trial is this: Say nothing! The only exception would be answering administrative questions. For example, if the judge addresses you, the only appropriate question for you to answer would be: Are you here? What’s your mailing address? What’s your email address? What’s your phone number? You have both a… Read More

In this article, you can discover… What to expect during a DUI trial, and what the process looks like. How to dress for your trial, and what not to wear. The questions you might be asked and how an attorney can help you prepare. What Can I Expect To Happen During My DUI Trial In New Jersey? Much like any other trial, your DUI trial will begin with an opening statement, although these are most often waived since we are dealing with a bench trial. This typically means that a judge rather than a jury is deciding your case and… Read More

Mitigating factors can significantly impact the outcome of a DUI case, especially when those factors reflect a client’s clean record, community standing, or other personal circumstances. In this article, we’ll use some case studies that highlight how this process works in three unique real-life scenarios.  Keep reading to learn more about: Why individual factors like immigration status or recent medical procedures can influence DUI/DWI case outcomes. How specific mitigating factors, such as a clean record, community support, or proactive recovery efforts, can lead to reduced charges. Real-life examples that show how a skilled attorney can use your personal circumstances to… Read More

Are There Any Restrictions on Plea Bargaining for DWI Cases Involving Accidents or Injuries? Plea bargaining DWI cases involving accidents or injuries is subject to significant challenges. The severity of the incident and victim input, among other consequences, all play fundamental roles in shaping the potential for negotiation. Defendants and their attorneys must navigate these realities carefully, understanding the constraints and preparing for rigorous negotiations to achieve the best possible outcome for their clients. Severity of the Incident When a DWI case involves serious bodily injury, the cases are usually handled by a county prosecutor rather than a municipal prosecutor.… Read More

How Does The New Plea-bargaining Law Affect Repeat DWI Offenders In New Jersey? The new plea-bargaining law in New Jersey brings significant considerations for repeat DWI offenders. Defense attorneys should examine the validity of previous convictions by obtaining police reports and transcripts of the plea proceedings. If defects in the case are found, there might be grounds to vacate the prior conviction. This is rare, to be sure. Alternatively, ambiguity regarding the validity of a prior conviction might lead the prosecutor to ask the court to disregard it during sentencing. Each of the following factors impact plea bargains for repeat… Read More

What Are Some Of The Potential Benefits Of Accepting A Plea Bargain In A DWI Case? Accepting a plea bargain in a DWI case offers significant advantages by reducing immediate penalties, mitigating long-term consequences, avoiding the uncertainties of a trial, and potentially leading to lesser charges. These benefits highlight the strategic value of plea bargaining as a tool for managing and minimizing the impact of a DWI charge on a defendant’s life. We’ll discuss them and some key benefits further here. Reducing Immediate Penalties A plea bargain can result in less severe driving restrictions. For example, it may allow you… Read More

What Are the New Details of Plea Bargaining in New Jersey DWI Cases in 2024? On February 23, 2024, significant changes were introduced to plea bargaining in DWI (Driving While Intoxicated) cases in New Jersey. These changes allow for more flexible and compassionate plea bargaining. Prosecutors can now consider a broader range of factors, yet the new rules still require careful implementation and adaptation to ensure they are fairly and consistently applied. The crux of these changes is how the Supreme Court withdrew Guideline Four. This guideline prohibited plea bargaining in DWI cases. The decision to withdraw Guideline Four followed the… Read More

Facing a DWI charge is stressful and shouldn’t be taken lightly. In New Jersey, the terms DWI (driving while intoxicated) and DUI (driving while under the influence) are used interchangeably, and the penalties include a wide range of consequences. From driving privilege forfeiture to mandatory ignition interlock device installations and court-imposed fines, the punishment for DWI can be costly. What’s more, depending on whether it is a first, second, or third offense, you could face higher fines or mandatory jail time. In this article, you will discover: The different penalties that exist for first, second, and third DWI offenses in… Read More