Category Archives: Our Services
East Brunswick DWI Lawyer
East Brunswick DWI Lawyer
If you are facing a summons for DWI in East Brunswick, it is very important that you hire an experienced defense attorney to help you. Unlike many other cases where the focus is on whether or not you did it, i.e. whether you are guilty, the defenses in DWI cases often focus on other factors. Of course, arguing that the person either was not driving or was not intoxicated are still valid defenses. However, our DWI defense lawyers will look into every possible issue to make sure that you are not convicted.
What a lot of people don’t understand is that you can be completely guilty and still win your East Brunswick DWI case. How? DWI is a very complex and technical area of the law. There are so many things that the police have to do right in order to secure a conviction. If they even do one thing wrong, it could derail their entire case. Our DUI defense lawyers stop at nothing to find every single problem with the case. If we can show the court that one problem is serious enough or if there are a number of smaller problems, we can get the entire case thrown out of court regardless of how guilty you are!
Our DWI lawyers are easy to reach as our East Brunswick office is easy to reach. On Route 18 right near the Turnpike, you can reach us easily from anywhere. Our consultation is always free and our costs may often be lower than what other attorneys charge. Call us 24/7 to discuss your DWI case to see how we can help you.
New Jersey ISP Lawyers
New Jersey ISP Lawyers
The Intensive Supervision Program in New Jersey can help someone sentenced to prison to be released in just a matter of months even though they may be facing several years. The ISP process must start the same date the person is sentenced. The process starts with an application and the gathering of evidence in advance of the ISP hearing.
An ISP lawyers is vital in New Jersey. Without a lawyer, you or your loved one is leaving the entire process up to the state. With all due respect to the men and women that work for parole, they are not advocates for inmates. Every inmate seeking ISP should have an advocate just like they had one for the case itself.
Our New Jersey ISP lawyers will fight to make sure that the application is done on time. The right staff members for ISP will be contacted to make sure that everything is being processed the right way and in a timely manner. The lawyer will then gather all of the evidence necessary to present to the ISP screening board before hearing.
The final process of ISP is the hearing itself. Our ISP lawyers will be present with your loved one and most likely you as well. We will handle the hearing on the inmates behalf and advocate for immedete release. ISP hearings are really amazing because if successful, the inmate is released right then and there.
If you or a loved one is facing an ISP hearing, call our New Jersey Intensive Supervision Program lawyers today for a free consultation.
Apply for a gun permit in New Jersey with mental health issues (question 26)
Applying for a gun permit in New Jersey with mental health issues (question 26)
As a New Jersey gun permit attorney, I get more questions about this issue than I do any other issue when it comes to gun permit applications. Even though the application is rather straightforward, question 26 confuses a lot of people. First, this question has nothing to do with whether or not you have been confined in a mental institution. It simply asks if you have been treated, attended or observed by any doctor for any mental health issue. Second, the question isn’t whether or not they will find out about it. I’m actually shocked that people say that to me. Submitting a false application is a felony. Would you steal a car if you thought you could get away with it? Would you steal $50,000 from someone if they didn’t know it was you? Would you sell drugs to someone if no one would know? Well if you said no to these last three questions than why would you ever think of trying to get one over on the police? To you, these three examples might seem like apples and oranges but they are all felonies in New Jersey. So don’t worry about getting caught, especially when it is so easy to avoid.
Our team of gun rights lawyers in New Jersey can help you deal with your mental health issues so that it does not become a problem for your gun permit application. Call us to discuss your matter for free.
New Jersey DYFS Investigations Lawyer
New Jersey DYFS Investigations Lawyer
If DYFS is in your life and you want them to go away, you should seek the help of our team of NJ DYFS lawyers. Too many people make the assumption that DYFS will just go away. While this does happens sometimes, in other cases, DYFS brings the parent to court even when there is little to no evidence. Hiring a lawyer will not make you look guilty, especially since DYFS may already believe that you are guilty.
DYFS case workers may say that they are going to close your case but we have seen too many situations where they have lied to the parents. This lulls people into a false sense of security and before the parents know it, they are in court. Don’t let this happen to you. If DYFS wants to question you, have you sign documents, take a test, or agree to do an evaluation, you should consult with a DYFS investigations defense lawyer before you agree to do anything.
When DYFS brings people to court, it is often the evidence that they (unknowingly) gave to DYFS that forms the basis for bringing a case against them. Do not let this happen to you! Call our DYFS investigation lawyers today to discuss your rights. It will cost you nothing and it could prevent your family from being torn apart by DYFS.
Drug Court Violation Lawyers
Drug Court Violation Lawyers
Drug Court in New Jersey is rigorous and for some people, it is impossible to go through it without getting a violation. Some of these violations are minor and therefore do not require an attorney. However, some are far more serious and could lead to serious jail or prison sentences. If someone goes to prison for violating drug court, they will not get out on ISP. Thus, they may wind up doing more time than the average person who just went to prison right away. A drug court violation attorney can help you avoid these serious consequences.
Unfortunately, many drug court participants do not hire lawyers and since the other participants see this, they also think that they don’t need a lawyer. However, you should not be fooled by this. A lawyer can help you stay out of prison. If you are facing a drug court violation anywhere in New Jersey, call us for a free consultation to discuss your case.
New Jersey Parole Violation Lawyers
New Jersey Parole Violation Lawyers
Our parole violation lawyers can help your loved one avoid returning to prison. A parole violation hearing is much more difficult than a criminal trial. This is because the rules of evidence do not apply. This makes the defense attorney’s job much more difficult. As a result, the attorney must bring his or her ‘A game’. Also unlike a trial, the strategy isn’t just to attack the case head on. Instead, an experienced parole attorney needs to attack the entire case. For example, is there anything that can be done to mitigate the situation? Is there any alternative to returning to prison? There are a number of issues to examine here and the attorney needs to understand all the different issues that must be addressed.
Call our parole violation lawyers anytime for a free consultation.
Mental Health Expungements in New Jersey
If you have had a commitment in a mental health institution, there will be a record of your commitment kept by the County Adjuster’s Office. This record of commitment gets entered into a database that can seriously impact a person’s rights. Quite often, clients contact us because they are looking to get a gun permit. Without a mental health expungement, obtaining a purchase permit or firearms ID card may be impossible. Even if one can obtain the permit, a NICS denial may make the permit worthless.
Our team of lawyers can help you with your mental health expungement in New Jersey. Call us at 732-773-2768 to discuss your case.
Filing a Motion to Vacate a FRO in New Jersey
In New Jersey, a final restraining order is forever unless a judge dismisses it in response to a motion filed by either party. Quite often, it is the Defendant who wants to dismiss the FRO against him or her. There are actually two ways to do this, although almost all motions are the same. I’ll first address the one most people don’t know about.
Vacating a FRO pursuant to R. 4:50-1
A final restraining order in New Jersey is like any other and is therefore subject to Court Rule 4:50-1. This issue is lost among many lawyers and in fact, some judges don’t agree that this rule applies to FROs. However, the case law makes it clear that such a motion is proper. We knows this because this firm was successful on appeal for just such a motion. This motion attacks the procedural aspects of the FRO itself and not the merits. For example, in the case that we won on appeal, the defendant was not made aware of the serious consequences of an FRO. As a result, same was vacated pursuant to this rule. As judges become more familiar with the procedural aspects of domestic violence proceedings in New Jersey, these motions will be less viable. However, if the FRO is older, this motion may be successful.
Dismissing a FRO pursuant to Carfagno
Just about every single motion filed to dismiss a final restraining order in New Jersey is done pursuant to Carfagno v. Carfagno. That cases sets forth several factors that the court must look at to determine if such a motion should be granted. Keep in mind that dismissing a final restraining order is the exception and not the rule. It can be very difficult to win one of these motions if it is not filed correctly. Thus, these motions must be well thought out and hard hitting. There is no real time limit for these motions to be filed but in general, the longer the time period between the entry of the FRO and the motion, the greater the chance of success.
Our team of tough, smart lawyers have been successful in helping clients dismiss FROs in courts across New Jersey. Call us anytime at 732-773-2768 to discuss your case and how we can help you.
Defending against a restraining order in New Jersey
Our team of tough, smart lawyers have been successful at defending clients against restraining orders across New Jersey. Unfortunately, too many people go to court without a lawyer or they choose the wrong lawyer. Many of these people think that the restraining order hearing is not serious, that the other side will drop it or that they can just explain the situation to the judge. Far too many are wrong.
This is not a case where you can see what happens and then hire a lawyer. If you lose this case, you will have a final restraining order issued against you. This can last forever and can lead to very serious consequenes. Do not make this same mistake.
When you hire our lawyes to defend agaisnt your TRO, we will come up with a strategy to fight the case. We will perform the necessary research in an effort to craft winning legal arguments. We will prepare you for trial so that your testimony,if needed, will come across as credible. We will them combine all of these efforts to fight the case at trial.
No matter what court your case is in, call us at 732-773-2768 to discuss your case.
Tonacchio Law LC 