Fetky & Petty, LLCFindLaw IM Template2024-03-28T01:14:59Zhttps://www.fetkyandpetty.com/feed/atom/WordPress/wp-content/uploads/sites/1502639/2021/12/cropped-favicon-32x32.pngOn Behalf of Fetky & Petty, LLChttps://www.fetkyandpetty.com/?p=469192024-03-28T01:14:59Z2024-03-28T01:14:59ZThe state believes the drugs were not for personal use
At the most basic level, a possession with intent charge is an allegation that the drugs in someone's possession were not for their personal use. Numerous different factors could lead to the state assuming that someone intended to sell or distribute the drugs in their possession.
Perhaps someone has a history of drug trafficking or is a known associate of those involved in the drug trade. Maybe police officers found paraphernalia like scales and packaging that indicated they intended to distribute the drug to others on demand. Having a large assortment of drugs or a particularly high volume of drugs could also lead to allegations that someone possessed a substance not with the intent to use it illegally but to distribute it to others.
Possession with intent charges are more serious
In general, possession with intent charges are more serious than simple possession charges. Prior criminal charges, the total weight of the drugs and the classification of the drug can all influence the charges and penalties prosecutors pursue.
The penalties possible include higher fines and longer sentences in state custody. The defendant also faces the additional social consequences that come from having a more serious criminal record. While many employers may overlook simple possession charges, offenses associated with drug trafficking tend to have a stronger negative impact on someone's opportunities in life.
Understanding what sets possession with intent apart from other New Jersey drug charges may benefit those facing prosecution. Defendants who understand their circumstances are in a better position to respond appropriately to the accusations they face.]]>On Behalf of Fetky & Petty, LLChttps://www.fetkyandpetty.com/?p=468972024-03-14T11:41:02Z2023-12-28T14:51:51ZFalse accusations of domestic violence during divorce proceedings can stem from various motivations, often fueled by a desire for strategic advantage in legal battles. Spouses may employ this tactic to gain the upper hand in child custody disputes, financial settlements or property division. The severity of the accusations can vary, from emotional manipulation to outright fabrication, creating a challenging environment for the accused party.
What are the motives behind false domestic violence accusations?
The legal system takes domestic violence allegations seriously, and rightfully so. However, when false accusations are made, it places an unjust burden on the accused. Legal battles become more contentious, consuming time and resources and exacerbating the emotional toll on both parties involved.
Some individuals, knowing the ramifications of domestic violence, resort to false accusations as a manifestation of narcissistic tendencies. By painting themselves as victims, they seek sympathy and support, playing on the empathy of legal authorities and those involved in the divorce process. This manipulative tactic aims to exert control and perpetuate a narrative that favors the accuser. False accusations may also be born out of a sense of retaliation or vindictiveness. This happens when one party seeks to inflict emotional harm on the other.
Responding to false accusations
If you have been falsely accused of domestic violence, remaining calm is essential. Rather than being defensive, focus all your energy on documenting all interactions with the accuser, including texts, emails and any relevant incidents. This meticulous record can serve as valuable evidence in court, countering false claims.
Remember, building a robust defense requires corroborating evidence. Therefore, you should go the extra mile to identify potential witnesses who can establish alibis for the times in question and testify on your behalf. This helps strengthen your credibility and disputes the accuser’s narrative.
Suppose your partner is accusing you of domestic violence to gain the upper hand in divorce proceedings. In that case, you should maintain composure and focus all your energy on proving your innocence. With so much at stake, seeking legal guidance right away is very important.]]>On Behalf of Fetky & Petty, LLChttps://www.fetkyandpetty.com/?p=468962024-03-14T12:43:36Z2023-09-29T04:56:07ZReporting a DWI to the FAA
Pilots are required to report all alcohol or drug-related motor vehicle administrative actions to the FAA within 60 days. Being convicted of DWI is an alcohol-related motor vehicle administrative action, and so is a driver’s license suspension or revocation for refusing to submit to a chemical test. The FAA must be notified about alcohol or drug-related motor vehicle administrative actions in writing, and notification letters must be sent to the agency’s Civil Action Security Division. Sending notification letters to an FAA Flight Standards District Office is a violation of the reporting procedure that can lead to a pilot’s certification being suspended or revoked.
Airman Medical Certificates
Drug or alcohol-related arrests must also be listed on a pilot’s Airman Medical Certificate. Pilots are required to disclose DWI arrests when they apply for or renew their Airman Medical Certificates, but this disclosure does not automatically lead to their applications being rejected. The FAA makes that decision after studying the facts of the case. Applications submitted by pilots with DWIs are scrutinized closely, but they may be approved.
Staying on the right side of the rules
Pilots who are arrested for drinking and driving or refuse to submit to chemical tests must notify the FAA within 60 days, and they must also disclose their DWIs or driver’s license suspensions when they renew their Airman Medical Certificates. The FAA must be notified about drug or alcohol-related motor vehicle administrative actions in writing, and notification letters must be sent to the agency’s security division in Oklahoma City.]]>On Behalf of Fetky & Petty, LLChttps://www.fetkyandpetty.com/?p=468902024-03-14T11:42:49Z2023-06-30T21:22:20ZRoadside drug tests are far from infallible
No one wants to be faced with serious drug charges due to a field test that went wrong. But this is precisely what happens in all too many cases. A recent series of cases in Imperial County, California showed that these tests malfunctioned on more than one occasion. The result was a number of drug convictions that had to be struck from the record.
Most roadside drug testing kits make use of special chemicals that are designed to detect the presence of certain illegal drugs. These chemicals can be mixed with these drugs to produce the result of turning several different colors. When the expected color is revealed, the assumption is that a certain dangerous drug is present.
These kits are produced very cheaply and in mass quantities. The average cost of one of these kits is slightly less than $2. As a result, there is no real way to guarantee their quality or consistency. A recent drug test produced a positive result for heroin. However, this was due to the chemicals in the kit being mixed with chocolate.
Courts are beginning to rule against unreliable kits
Field sobriety tests have been shown to be unreliable in more than one case. A number of recent court rulings stated that the kits have not been proven to be admissible as evidence.
The result is that a great number of drug convictions have had to be thrown out. This has led to calls for a new system of drug testing that can be held to a much higher standard. Meanwhile, defendants in drug cases have a strong weapon they can use to contest their charges.]]>On Behalf of Fetky & Petty, LLChttps://www.fetkyandpetty.com/?p=468352023-03-15T17:50:58Z2023-03-15T17:48:16ZProsecutorial misconduct
Prosecutorial misconduct happens when a prosecutor engages in illegal or unethical conduct. This can happen in a variety of ways. When this happens, our justice system is threatened, the prosecutor loses credibility, they can lose their job and it can cause severe harm to a case, further disrupting our justice system.
During a criminal proceeding, prosecutors can engage in misconduct in many ways, such as:
If a judge finds that the prosecutor engaged in misconduct, they has several options, among them:
Grant a motion for a new trial.
Dismiss the charges.
Ask the jury to disregard certain evidence.
Penalties for official misconduct
In New Jersey, penalties for misconduct on part of public officials, including prosecutors, include prison time and hefty fines, depending on the type of misconduct and the consequences that stem from such actions.
The state recognizes the importance of establishing harsh penalties for public officials who break the law and violate their duty to the people of the United States because of the seriousness of these issues, and the potential threat they pose to our justice system.]]>On Behalf of Fetky & Petty, LLChttps://www.fetkyandpetty.com/?p=468342023-03-14T18:49:10Z2023-03-14T18:49:10Zdrugs or other contraband without getting a warrant first. However, there are two major exceptions you need to know about: consent and exigent circumstances.
Consent
The driver of a vehicle can choose to waive their right to privacy. Police officers are trained to try to convince or intimidate members of the public into agreeing to a warrantless search. Usually, you have the right to refuse a search until the police produce a warrant.
Exigent circumstances
The other major exception is when the officer can claim that exigent or emergency circumstances did not give them time to apply for a search warrant. This usually means either the officer believed that evidence of a crime would disappear or be destroyed in the time it takes to get a warrant, or that their safety or the safety of others is at risk. For example, the officer could claim they reasonably believed you had a weapon in your car.
In the moment, you might have little power to protect your rights except to say you do not consent to a search. Most of the time, a Fourth Amendment violation is a matter for court. If you believe the police illegally searched your car or other property, discuss it with your defense attorney. They will fight to hold the police accountable for any misconduct and potentially get evidence seized during the search thrown out of court.]]>On Behalf of Fetky & Petty, LLChttps://www.fetkyandpetty.com/?p=468312023-03-13T23:45:24Z2022-09-27T23:44:44ZNew Jersey leads the way
The way police officers conduct lineups in New Jersey were revised after DNA tests proved that a man who had been convicted of rape largely based on eyewitness testimony was innocent. Following this discovery, the then-New Jersey Attorney General John Farmer introduced new law enforcement lineup procedures based on guidelines from the National Institute of Justice. The new policy was mandatory, and it made New Jersey the first state in the country to adopt the double-blind sequential lineup procedure.
Double-blind sequential lineups
Witnesses are now shown images one at a time in New Jersey, and the police officer conducting the lineup does not know who the suspect is. This is how photo lineups are conducted in many other parts of the world, but few states in America follow the procedure. Double-blind sequential lineups are more reliable because witnesses do not feel under pressure to make an identification, and police officers are unable to provide them with hints if they do not know who the suspect is. Eyewitness testimony can be very powerful, which is why criminal defense attorneys and advocacy groups like the Innocence Project have called for lineup reform.
The cost of criminal justice reform
The criminal justice system in New Jersey is often criticized for treating poor and minority suspects unfairly, but the way photo lineups are conducted is one area where the Garden State stands out. Unfortunately, a man spent years behind bars for a crime he did not commit before law enforcement procedures were changed. Prosecutors and police officers sometimes focus on results rather than guilt or innocence, and it usually takes a major miscarriage of justice to produce reform.]]>On Behalf of Fetky & Petty, LLChttps://www.fetkyandpetty.com/?p=468302023-03-13T23:43:45Z2022-06-28T23:42:55ZUnderstanding manslaughter
In New Jersey, a person can face manslaughter charges if they kill someone else due to recklessness, in the heat of passion or while trying to evade police. Manslaughter differs from other homicide crimes like murder because it lacks the element of malice. In a case involving manslaughter, the prosecution would have to prove beyond a reasonable doubt that the defendant acted recklessly or acted in the heat of passion while causing the victim’s death. However, charges can be elevated to aggravated manslaughter if they acted recklessly while fleeing law enforcement and caused the death of another person.
Penalties for manslaughter depend on the severity of the offense. For a second-degree conviction, penalties include 10 to 20 years in prison and a maximum fine of $150,000. Aggravated manslaughter is classified as a first-degree crime and carries 10 to 30 years in prison and a maximum fine of $200,000.
Possible defenses to manslaughter
There are different potential defenses that can be used in cases involving violent crimes like manslaughter. One of the most common is self-defense. If the defendant can show that they used deadly force to protect themselves from imminent harm, this defense could work in the case. Using this defense means that the defendant acknowledges that they killed the other person but that their actions were justified.
Another common defense to manslaughter is mistaken identity. If the defendant can prove with an alibi that they were somewhere else at the time of the killing and the evidence clearly shows that this is true, it could be a strong defense.
Some defendants plead insanity to manslaughter charges. This defense is only viable if it can be proven that the person was cognitively unable to recognize that they were committing a crime.]]>On Behalf of Fetky & Petty, LLChttps://www.fetkyandpetty.com/?p=468282024-03-14T11:42:07Z2022-03-25T20:09:14Zpossessing prescription drugs. The exact charges and consequences will vary on a case-by-case basis.
What are the possible charges?
There are a few different charges that someone found to be possessing or using prescription drugs illegally can be charged with. They’re all related to either the use, acquisition, possession, or distribution of the medication.
Someone who is found to be taking too many prescription drugs might just be charged with a misdemeanor. A felony prosecution might follow after repeat offenses though.
Individuals who are found to be possessing the drug in large quantities will also be charged with a felony though. They’ll also be charged with a felony if they’re found to have used fraud to obtain the drugs, or if they were caught selling the drugs.
What influences the charges?
The amount of the prescription drug as well as the type of the drug is the main factor in how a person is charged. Drugs have a federal classification that determines how strictly a drug is regulated.
For example, painkillers and Adderall medication are considered Schedule II drugs because of how easy it is for people to get addicted to them under the wrong circumstances. Drugs like steroids or ketamine are less regulated as they are Schedule III drugs.
If a person is found to be in illegal possession of a Schedule II drug, especially in large quantities, the charge is going to be more severe than a Schedule III drug. The punishment for distribution is also harsher.
Do you face federal charges?
Most drug charges are processed at a state level, and many states will have their own laws about how drugs are regulated. Other offenses - such as trafficking drugs across state lines - would be charged at the federal level.
Felony convictions will have minimum penalties of up to $100,000 as well as a prison sentence of 1 to 20 years. Even if you have a legal script, if your medication is outside of its original pill bottle with your name on it, you could be charged.]]>On Behalf of Fetky & Petty, LLChttps://www.fetkyandpetty.com/?p=465922023-03-07T10:51:06Z2021-12-24T08:50:21Z