Hiring an Attorney in New Jersey During The Coronavirus Quarantine


The Law Office of John B. Fabriele, III, LLC supports the collective fight against COVID-19. Our hearts go out to all those impacted by this terrible virus. Following guidance from public health authorities, we understand that practicing social distancing as much as possible is critically important at this time. There is no question this is a time of great uncertainty. While we don’t know exactly what the future may hold, we feel confident that by sticking together and supporting each other, we’ll emerge from this stronger than before.

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New Jersey Attorney General Seeks Delay in Prosecuting Weed Cases

You read that right, folks! In what some are considering a big step towards legalization (or at least decriminalization), New Jersey Attorney General, Gurbir Grewal sent a letter to all municipal prosecutors in the state directing them to seek adjournments of all marijuana related cases until September 4, 2018 or later. It is being reported that AG Grewal is seeking this delay so that his office may develop “appropriate guidance”, for prosecutors. “What does that mean for my case?” you may be asking.

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Snowmageddon 2015, And The Duty to remove Snow From Your Car in New Jersey

The Blizzard of 2015… In New Jersey, it was the event that never was. However, it is still a good time to remind people of their obligations toy remove snow from their car when it snows, imposed by motor vehicle statute 39:4-77.1, which requires that “Each driver of a motor vehicle operated on a street or highway in the state shall have an affirmative duty to make all reasonable efforts to remove accumulated ice or snow from exposed surfaces of the motor vehicle prior to operation, which surfaces shall include, but not be limited to, the hood, trunk, windshield, windows, and roof of the motor vehicle, the cab of the truck, the top of the trailer or semitrailer being drawn by a motor vehicle, and the top of the intermodal freight container being carried by an intermodal chassis.”

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Possession of a Small Amount of Marijuana in New Jersey

As a New Jersey criminal defense attorney, I have helped countless clients charged with possession of marijuana avoid conviction. Possession of a Small Amount of Marijuana Under 50 Grams, under sub-section (4) of 2C:35-10 is one of the most common disorderly persons offenses a criminal lawyer encounters. Why? Because it is a very popular controlled substance, there is a very casual attitude about it’s use, and it has a strong distinct odor. This means that there are a greater number of people using marijuana than other controlled substances. Because of the casual attitude towards marijuana, people sometimes forget that it is in fact illegal, or resent having to behave in a secretive way about using it when they ought to be more discreet in order to avoid detection. Both raw, unburned marijuana, as well as marijuana smoke have a strong odor which permeates cars, hair, clothes, and even tends to linger outdoors. This gives law enforcement a big advantage in detecting the presence or use of the drug. All this translates into a large number of arrests. My office is located near Rutgers University. I have spoken to many Rutgers and New Brunswick police officers who candidly tell me how prevalent marijuana use seems to be, the high frequency with which they smell it, and how easy making those arrests are.

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Conditional Dismissal in New Jersey Municipal Courts: One Free Bite at The Apple For First Time Offenders

Conditional Dismissal is a much welcomed diversionary program which was signed into law by Governor Chris Christie (R) as P.L. 2013 c. 158 on September 6, 2013, and went into effective January 4, 2014. It allows those who qualify, charged with  disorderly persons or petty disorderly persons offenses in municipal court, an opportunity to keep a clean record provided they successfully complete a 1 year period of probation without any additional criminal convictions. This is a perfect compliment to the Conditional Discharge Program, under N.J.S.A. 2C:36A-1, which works similarly, but applies only to drug offenses, and  the Pre-Trial Intervention Program under N.J.S.A. 2C:43-12 which applies to indictable offenses. In a time when the Administrative Office of the Courts, and the New Jersey Attorney General strongly discourage municipal prosecutors from downgrading disorderly persons offenses to non-criminal municipal ordinances, this is a valuable option for prosecutors and defense attorneys resolving cases.

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