http://figginslaw.com Just another Admin Pilot site Thu, 21 Jul 2011 14:51:54 +0000 en hourly 1 http://figginslaw.com/2011/07/19/header-3/ http://figginslaw.com/2011/07/19/header-3/#comments Tue, 19 Jul 2011 19:24:53 +0000 misty http://criminaldefendersofny.adminpilot.net/?p=185 http://figginslaw.com/2011/07/19/header-3/feed/ 0 http://figginslaw.com/2011/07/19/header-2-2/ http://figginslaw.com/2011/07/19/header-2-2/#comments Tue, 19 Jul 2011 19:24:18 +0000 misty http://criminaldefendersofny.adminpilot.net/?p=183 http://figginslaw.com/2011/07/19/header-2-2/feed/ 0 http://figginslaw.com/2011/06/01/header-2/ http://figginslaw.com/2011/06/01/header-2/#comments Wed, 01 Jun 2011 16:01:39 +0000 Shaggy http://criminaldefendersofny.adminpilot.net/?p=136 http://figginslaw.com/2011/06/01/header-2/feed/ 0 http://figginslaw.com/contact-us/ http://figginslaw.com/contact-us/#comments Thu, 22 Jul 2010 19:05:13 +0000 melissa http://criminaldefendersofny.adminpilot.net/ ]]> http://figginslaw.com/contact-us/feed/ 0 http://figginslaw.com/locations/ http://figginslaw.com/locations/#comments Thu, 22 Jul 2010 19:05:00 +0000 melissa http://criminaldefendersofny.adminpilot.net/ 110 Wall Street, 11th Floor
New York, NY 10005

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Newark, NJ 07102

View larger map ]]> http://figginslaw.com/locations/feed/ 0 http://figginslaw.com/legal-articles/ http://figginslaw.com/legal-articles/#comments Thu, 22 Jul 2010 19:04:47 +0000 melissa http://criminaldefendersofny.adminpilot.net/ Protect Your Future Through Expungements

Every year thousands of people are arrested and charged with crimes. Some of those individuals will end up with a criminal record and others will not. However, all of those individuals will more than likely, at some point, be eligible to have those records removed from the public files. Most great employment opportunities require a prospective employee submit to a background check to ensure that the person does not have a criminal history. Many people only then learn that there is something negative contained in their background.

Many people do not know that under the laws of New Jersey their criminal records can be expunged and cleared. The law allows individuals to file a petition for expungement to remove any derogatory information from a persons record including: complaints, warrants, arrests, rap sheets, photographs and fingerprints. For municipal court convictions a person must wait five years to file an expungement petition. For superior court convictions a person must wait ten years. Arrests and complaints that were dismissed or frivolous can be expunged immediately.

The law in this area is not simple because there are different time frames for different offenses and there are other conditions that may also be required for a person to be eligible for an expungement. Individuals should contact an attorney to discuss the particulars of their case to determine their eligibility. Moreover, the use of the expugement process can assist persons with clearing up their record so that it is not a hindrance to better employment or other significant opportunities in their lives.

Article by Montell Figgins who practices criminal law in Newark, NJ. He can be reached at 973-242-2425.

Handling DWI Cases in New Jersey & New York Each year, New Jersey and New York motorists face the difficult prospect of a Driving While under the Influence (“DWI”) conviction without the information necessary to make an informed decision about their case.  To avoid the initial arrest or a future conviction, all New Jersey and New York motorists ought to familiarize themselves with the Motor Vehicle and Traffic Regulations of their respective states. New Jersey bases its DWI fines and penalties on specific offense levels.  Under New Jersey law,  a first-time DWI offender with a Blood Alcohol Concentration (“BAC”) of 0.08% or higher, but less than 0.10%, is subject to fines between $250-$400 and a maximum of two days imprisonment.  The court also has the discretion to imprison the first-time offender for up to 30 days and issue a three month driver’s license suspension.   First-time offenders with BAC’s above the 0.10%, or who are found with certain drugs in their system, are subject to greater penalties- including a full year without a driver’s license.  A second DWI offense includes fines from $500-$1000, 30 days community service and a minimum two-day incarceration period.  More importantly, a second DWI conviction automatically means two years without a driver’s license.  Subsequent DWI offenses result in $1000 fines, up to 90 days of community service, mandatory three month imprisonment, and a ten year driver’s license revocation. Lastly, anyone refusing to take a Breathalyzer test places themselves at risk of receiving the same penalties imposed by the DWI convictions previously mentioned. Regardless of the offense level, all New Jersey motorists convicted of DWI must participate in the state’s Intoxicated Driving Resource Center (“IDRC”) program.   The program evaluates each person’s need for additional alcohol treatment and provides mandatory Alcohol and Highway Safety Education courses.  Each offense level carries a twelve hour minimum IDRC commitment.  The time increases if additional treatment is necessary. New York State utilizes a similar statutory scheme to criminalize DWI.  Under New York law, a per se DWI violation occurs when a person has a BAC at or above 0.8%; a first violation carries mandatory fines ranging from a $500-$1000 a maximum one year of imprisonment, and a driver’s license revocation of at least six months. Penalties for second and third offenses are harsher with a third DWI conviction, obtained in a ten-year window of the first DWI conviction, carrying fines ranging from $2000-$10,000, a maximum seven year imprisonment term, and a potential permanent license revocation.  Both New Jersey and New York motorists face stiff penalties for driving under the influence of alcohol. Effective legal representation is crucial in DWI cases because there are numerous complexities in the law. Article by Montell Figgins who practices criminal law in Newark, NJ. He can be reached at 973-242-2425.

]]> http://figginslaw.com/legal-articles/feed/ 0 http://figginslaw.com/legal-resources/ http://figginslaw.com/legal-resources/#comments Thu, 22 Jul 2010 19:04:25 +0000 melissa http://criminaldefendersofny.adminpilot.net/ Below are some of the major issues that confront individuals when they are charged with a crime in the state of New Jersey

‘Brimage’ Guidelines / Drug Reform Act, N.J.S.A. 2C:35 Under the Drug Reform Act, certain mandatory minimum prison sentences are imposed on drug offenders and are applicable to a number of violations, thus: Where an accused is charged with the distribution of illegal drugs within 1000 feet of a school or possession of an illegal substance with the intent to distribute within 1000 feet of a school, the defendant will be mandated to serve between 1/3 to 1/2 of his prison term or one year—whichever is greater—without the possibility of parole.  In addition, the accused may be required to pay a fine up to $150,000. If the defendant was convicted for either manufacturing, distributing or dispensing drugs, he or she shall be sentenced to a parole ineligibility period between 1/3 to 1/ 2 of the initial sentence.  The court may also impose a fine up to $500,000 as well. A person 18 years old or older who uses, solicits, directs, hires or employs a minor (17 years of age or younger) to manufacture, distribute, or dispense drugs shall serve an equivalent of 1/3 to 1/2 of his prison sentence before becoming eligible for parole.  A fine may also be imposed, but shall not exceed $500,000 or five times the street value of the controlled substance involved. Waiver: The mandatory period of ineligibility required under the Drug Reform Act may be waived or reduced in accordance with a negotiated agreement.  Similarly, where there has been a trial and the defendant and prosecution have reached a post-conviction agreement, which allows for a less severe sentence or parole eligibility period, that agreement will control. Crimes that Trigger ‘Brimage’: Possession with the intent to distribute in a school zone First degree possession with the intent to distribute Extended Term Use of Juvenile in Drug Distribution Drug Production Facility Leader of Narcotics Trafficking Network Note, however, Public Housing/Public Park (2C:35-7.1) does NOT trigger ‘Brimage’.

Graves Act Offenses, N.J.S.A. 2C: 43-6(c) The Graves Act is triggered when a defendant uses a firearm against the person of another or was in the possession of a firearm while in the course of committing or attempting to commit any of the below offenses: Possession of a Weapon for Unlawful Purpose Murder Aggravated Manslaughter / Manslaughter Kidnapping Aggravated Sexual Assault Aggravated Criminal Sexual Contact Robbery Burglary Escape

No Early Release Act (NERA), N.J.S.A 2C:43-6b New Jersey’s “No Early Release Act” requires a convicted felon to serve at least 85% of his sentence before becoming eligible for parole, if the felon was sentenced for a first or second degree offense for any of the following violent crimes: Murder Aggravated Manslaughter Manslaughter Vehicular Homicide Aggravated Assault Disarming a Law Enforcement Officer Kidnapping Aggravated Sexual Assault Sexual Assault Robbery Carjacking Aggravated Arson Burglary Extortion Booby Trap in a manufacturing or distribution facility Drug-induced Death (strict liability) Terrorism Producing or Possessing chemical weapons/biological agents/nuclear or radiological devices

Pretrial Intervention in New Jersey New Jersey criminal defendants have the opportunity to avoid prosecution and jail time if they qualify for pretrial intervention (PTI).  It is in the best interest of all New Jersey residents to familiarize themselves with the specific PTI guidelines so they can arm themselves with this powerful tool. PTI eligibility is not solely limited to first time offenders.  However a defendant requires the prosecutor’s consent in four important instances: (1) where the defendant has a prior conviction of a first or second degree crime, (2) when the defendant has completed a probation, incarceration, or probation term within 5 years prior to the PTI application, (3) where the defendant is currently charged with a first or second degree crime, and where (4) the defendant is charged with selling or dispensing a Schedule I or II narcotic drug and the defendant is not drug dependant.  Generally, the prosecutor, criminal division manager, and the judge all decide the defendant’s PTI acceptance.   PTI eligibility is determined through various factors, some of which include, but are not limited to: the nature of offense, the defendant’s age and motivation, and the defendant’s capability of rehabilitation. Defendants should be made aware of the PTI at the Municipal Court arraignment. If the defendant is accepted into a PTI program, all further proceedings against them are postponed for up to 36 months.  At the end of the 36 months, defendant that successfully complete the PTI program has the complaint, indictment, or accusation made against them dismissed. After dismissal, all defendants are entitled to have their record expunged. PTI Ineligibility Despite the PTI program’s many advantages, New Jersey criminal law deems certain defendants ineligible for the program.  The following is a general list of PTI exemptions: Charged with a serious crime Juveniles unless between 16-18 and case transferred to superior court Defendant charged with first or second degree crime has presumption against them If crime part of organized/criminal activity If crime part of continuing business or enterprise If crime is deliberately committed with violence or threat of violence against another person Breach of public trust where admission would depreciate seriousness of the crime Defendant charged with an ordinance/health code/vehicle violation The Bottom Line New Jersey defendants require fair and competent representation through the duration of their case.  The Law Offices of Montell Figgins can help defendants navigate through the confusing criminal justice systems and avail themselves of crucial programs like PTI. Disclaimer: This web site not intended be a source of legal advice, it is intended to be a source of general New Jersey law. Do not rely on information at this site or others in place of the advice of competent counsel.

Gradation of Offenses in New Jersey, N.J.S.A. 2C:43-6 Offenses are categorized in the criminal code according to the severity of the crime and are divided into four degrees, with the first-degree being the most serious and the fourth degree being the least serious.  Each degree corresponds with a specific sentencing range and a sentencing judge is afforded some latitude to impose an appropriate term so long as it falls within the determinate range.  The ranges of incarceration, including sentences for disorderly persons and petty disorderly offenses as contemplated under Title 2C, are as follows: First degree: 10 – 20 years Second degree: 5 – 10 years Third degree: 3 – 5 years Fourth degree: 0 – 18 months Disorderly Persons: 0 – 6 months Petty Disorderly Persons: 30 days

]]> http://figginslaw.com/legal-resources/feed/ 0 http://figginslaw.com/personal-injury/ http://figginslaw.com/personal-injury/#comments Thu, 22 Jul 2010 19:04:09 +0000 melissa http://criminaldefendersofny.adminpilot.net/

Auto Accidents

Slip and Fall Accidents

Workplace Accidents

Construction Accidents

Physical Assaults

]]> http://figginslaw.com/personal-injury/feed/ 0 http://figginslaw.com/commercial-litigation/ http://figginslaw.com/commercial-litigation/#comments Thu, 22 Jul 2010 19:03:52 +0000 melissa http://criminaldefendersofny.adminpilot.net/ The Law Offices of Montell Figgins also works with numerous small businesses throughout the metropolitan area assisting these businesses in their litigation needs, as well as advising them on corporate structure, business acquisitions and commercial real estate development.

The Law Offices of Montell Figgins represent businesses in the following capacities:

• Commercial Leasing
• Landlord Tenant
• Small Business Lending
• Business Acquistions
• Corporate structuring
• Business formation
• Collections
• Business Litigation

Mr. Figgins also handles cases of police misconduct and brutality in state and federal court. Mr. Figgins has also successfully litigated cases involving employment discrimination.

Call now for a free consultation if you have been the victim of police misconduct or you believe that you have been discriminated against by your employer on the basis of your sex, race, creed or religion.]]> http://figginslaw.com/commercial-litigation/feed/ 0 http://figginslaw.com/criminal-defense-nj/ http://figginslaw.com/criminal-defense-nj/#comments Thu, 22 Jul 2010 19:03:34 +0000 melissa http://criminaldefendersofny.adminpilot.net/ After being trained as a criminal lawyer by the best district attorney’s office in the country, Mr. Figgins expanded his practice and opened an office in Newark, New Jersey. Mr. Figgins has used his prosecutorial training to defend clients charged with all types of crimes at every level of the court system in New Jersey.

Mr. Figgins regularly appears in various municipal courts to defend clients charged with drug violations, cross complaints, assault, DWI, traffic violations, shop lifting, harassment, weapons charges and domestic violence. Mr. Figgins is also regularly appointed as a private prosecutor by municipal court judges to conduct trials in the Municipal Court.

Mr. Figgins also regularly appears in the Superior Court of New Jersey representing numerous persons who are charged with indictable offenses (felonies).  The charges have ranged from attempted murder, weapons, aggravated assault, domestic violence, drugs, theft, burglary, possession of a controlled dangerous substance (CDS), identity thefy, credit card fraud and eluding the police.  Mr. Figgins regularly conducts pretrial hearings when a motion to suppress evidence is filed or a motion to suppress statements or an identification is deemed necessary.]]> http://figginslaw.com/criminal-defense-nj/feed/ 0