Chances are, if you have a commercial driver’s license (CDL), that license is the key to your livelihood. Most traffic violations in New York carry a chance of losing your CDL and, therefore, your livelihood. That’s why you should contact an attorney if you’re a CDL holder and you face any kind of traffic charge or ticket.

HOW CAN YOU LOSE YOUR CDL FOR A TRAFFIC VIOLATION?

New York’s highest court has held that judges have the authority to suspend or revoke any CDL if the operator displays “gross negligence.” The judge can suspend your CDL even if the offense you were charged with couldn’t result in suspension for an ordinary driver’s license. In fact, your CDL can be suspended even if you aren’t ultimately convicted of the offense. Although this doesn’t happen often, it’s not worth risking the loss of your income, so make sure you’re represented by an experienced traffic attorney.

WHAT KINDS OF TRAFFIC VIOLATIONS CAN LEAD TO A CDL SUSPENSION?

New York law allows the suspension of a CDL for any violation of the Vehicle and Traffic Law. This includes a long list of possible offenses, from running stop signs or leaving the scene of an accident to CDL-specific violations like violations of weight, size, or emissions requirements.

We can look at the specific circumstances of your case and figure out the best defense possible. Exactly how this works depends on the charge. However, for any offense, the prosecutor is required to prove you’re guilty beyond a reasonable doubt. If we can find holes in the prosecutor’s case, most prosecutors are willing to negotiate the charge down. That means you don’t have your case heard in front of a judge, which means you don’t risk losing your CDL.

If you’re a CDL holder and you’ve been charged with any kind of traffic offense in New York, contact Rosenblum Law. Our attorneys have a track record of defending CDL cases, and we’ll fight our hardest to get the best possible outcome for you.

Over the last few decades, there has been an epidemic of opioid addiction. Millions of people nationwide suffer from opioid addiction. New Jersey law criminalizes the possession or sale of opioids, whether in the form of heroin or fentanyl or prescription drugs like oxycontin or morphine. If you’ve been charged with possession or sale of opioids, you face serious fines and prison time, so it’s critical that you find a lawyer to represent you.

PENALTIES FOR  OPIOID POSSESSION CHARGES

The penalties for selling or possessing opioids varies based on the amount, but the penalties are the same for either possession or sale. Having four or fewer pills or doses without a prescription is a fourth-degree crime that can lead to 18 months in prison and a $10,000 fine. Five to 99 pills or doses is a third-degree crime that can lead to 5 years in prison and a $200,000 fine. 100 or more pills or doses is a second-degree crime that can lead to 10 years in prison and a $300,000 fine. Plus, any conviction will leave you with a criminal record that makes it harder to find work, housing, or financial aid.

HOW DO I BEAT OPIOID CHARGES?

The best defense varies from case to case. As in all drug possession cases, the prosecutor has to prove that you knowingly possessed opioids. Possible defenses might be that you didn’t know about the opioids or they belonged to someone else. If the police violated your Fourth Amendment rights by illegally searching you, we can get the evidence of the opioids suppressed, which might ruin the prosecutor’s case. Fourth Amendment violations include traffic stops without probable cause or searches where the police didn’t have a warrant and didn’t tell you of your right to refuse the search.

Even if there’s no way to beat the charges outright, it’s sometimes possible to enroll in a diversionary program if you don’t have prior convictions on your record. Under a diversionary program, you’ll have to attend rehabilitation and drug counseling as well as submit to random drug-testing, but you’ll likely avoid prison time and may even be able to avoid pleading guilty.

WHO SHOULD I CONTACT IF I’VE BEEN CHARGED WITH POSSESSION OR SALE OF OPIOIDS?

If you’re facing opioid charges, contact Rosenblum Law for a free consultation today. We’ll answer your questions, provide a fee quote so you know what representation will cost, and walk you through the process from beginning to end.

In today’s economy, a lot of people are unfortunately out of work. Unemployed people are entitled to collect unemployment benefits from the state of New Jersey. However, if you return to work and continue to cash benefit checks, you can be charged with falsely obtaining unemployment benefits. These charges are extremely serious, so make sure you find an attorney to represent you.

What does it mean to falsely obtain unemployment benefits?

Under New Jersey law, you can be convicted of insurance fraud for either intentionally making a false statement on an insurance claim or intentionally omitting material information from an insurance claim. If you’ve returned to work but you continue to receive unemployment checks without informing the state, you might be found to have intentionally omitted material information. Even if you think you’re still eligible for benefits, you might be charged with a crime.

Penalties

New Jersey law divides insurance fraud into either third-degree fraud or second-degree fraud based on the circumstances. Third-degree fraud covers most cases, and it can result in up to 5 years in prison and $15,000 in fines. The charge becomes second-degree fraud if you cashed 5 or more unemployment checks and the total value of the checks is over $1,000. Second-degree fraud can lead to up to 10 years in prison and $150,000 in fines. Unlike third-degree fraud, second-degree fraud does not carry a presumption of non-incarceration, so you’re much more likely to get prison time if you’re convicted.

How do I beat charges  

As always, the best defense depends on the specifics of your case. If the prosecution’s evidence that you were working while receiving benefits was illegally obtained, it can be suppressed, which can defeat the prosecutor’s entire case. If you tried to tell the Department of Labor that you were working, that might also be a defense.

What should I do if I’ve been charged with falsely obtaining unemployment benefits?

If you’ve been charged with falsely obtaining unemployment benefits, contact Rosenblum Law for a free consultation. We’ll answer your questions, provide you with a fee quote so you know how much representation will cost, and walk you through the process from beginning to end. These charges are serious, but we’ll fight our hardest to get you the best outcome possible.

New Jersey has one of the highest costs of living in the country, and that cost keeps going up. Even in normal times, it can be hard to keep up with your expenses. And now, with millions out of work, it’s no surprise that so many people are drowning in debt. Fortunately, the law provides a way to clear debts and get a fresh start: bankruptcy. If you’re thinking of declaring bankruptcy, you should talk to an attorney to go over your options and determine what the best way forward is for you.

What is bankruptcy?

Bankruptcy is a legal procedure designed to give individuals, married couples, and businesses a fresh start by allowing them to discharge their debts. The law recognizes six types of bankruptcy, called chapters, but Chapter 7 and Chapter 13 are the ones used most commonly by individuals and couples while Chapter 11 is the one most commonly used by businesses.

In a Chapter 7 bankruptcy, most of your assets are handed over to a court-appointed trustee, who then sells them and divides the proceeds among the person’s creditors. After that, your debts are wiped out. A Chapter 13 bankruptcy allows you to put together a repayment plan. Under Chapter 13, you pay any income you earn above what you need to support yourself and your family toward your creditors for 3-5 years, and then your debts are discharged. This option lets you keep your property.

Chapter 11 is similar to Chapter 13, but it’s normally used by businesses instead of individuals or couples.

What are the pros and cons of bankruptcy?

Bankruptcy can be a good option if your debts are much more than you can pay, but it has its downsides. Not everyone can file for bankruptcy; if you have enough money to pay your debts, you can’t file. If you’ve filed in the last seven years, you can’t file again. Even if you can file, bankruptcy can have a negative impact on your credit score. In some cases, you might be better off negotiating your debts with your creditors instead. Finally, some debts, like student loans and luxury purchases, can’t be discharged in bankruptcy.

Downsides of filing for bankruptcy

• Can’t file if you have enough to pay
• Can’t file twice in seven years
• Bankruptcy hurts your credit score
• Some debts can’t be discharged

What should I do if I have more debt than I can handle?

If you have more debt than you can handle, contact Rosenblum Law today for a free consultation. Our experienced attorneys can advise you on whether you should file for bankruptcy or try a different strategy, and figure out how and when to file for bankruptcy if necessary. The bankruptcy code is complicated, so having a good attorney to advise you is critical to keeping as much of your income and assets as possible.

Car accidents can be frightening, and many people react by leaving the scene before exchanging contact and insurance information. However, in New York, this can lead to a moving violation or even criminal charges. If you’re facing charges for leaving the scene, find a lawyer to represent you.

What should I do if I’m in a car accident?

If you’re involved in an accident with another car, the law requires you to exchange driver’s license and insurance information with the other driver. If the other car was parked and there is no other driver, you need to leave a note with your information. If anyone was injured in the accident, you need to report the accident to the police. However, don’t admit fault or even imply you were at fault; things you say at an accident scene can be used against you in court.

What are the penalties for leaving the scene without sharing information?

The penalties for leaving the scene without sharing information vary based on the severity of the accident. If there was only property damage, leaving the scene will result in 3 points on your driver’s license, a surcharge of $88 to $93 dollars, a fine of up to $250, and potentially 15 days in jail. As in any traffic offense, a conviction can also lead to an increase in your car insurance premiums.

If anyone was injured, the charge is much more serious. Leaving the scene when there are injuries is a criminal charge. On top of the normal penalties for leaving the scene, you’d face up to $5,000 in fines, up to a year in jail, and suspension of your license for a year. Plus, because it’s a criminal charge, conviction means a criminal record that will make it harder for you to find a job, housing, or credit. So, if you’re facing a charge for leaving the scene, get a lawyer, because the consequences can be very serious.

How do I beat charges for leaving the scene?

The best defense depends on the specifics of your case. For minor accidents, like backing into a parked car, we might be able to argue that you didn’t know you were in an accident at all. If the prosecutor’s case depends on something you said to the police, we might be able to get the statement thrown out if the police didn’t read you your Miranda rights. 

What should I do if I’m charged with leaving the scene?

If you’ve been charged with leaving the scene of an accident, contact Rosenblum Law today. Our traffic attorneys are experienced in dealing with leaving the scene charges, and we’ll be able to help find the best option for your case.

Whether tempers flared up or you got in a fight, you might find yourself charged with aggravated assault. Aggravated assault is a very serious offense in New Jersey, and the consequences of a conviction can be severe. If you’re facing aggravated assault charges, you need an attorney to represent you.

What is Aggravated Assault?

New Jersey law divides assault into two categories: simple and aggravated. Simple assault is knowingly or purposely causing bodily harm or making someone fear bodily harm. Aggravated assault is the same, but with aggravating factors present. The law lists 11 different situations where something can be considered aggravated assault. Generally, an assault is aggravated if it shows indifference toward the value of human life, causes serious injury, involves a deadly weapon or fire, takes place during the course of another crime, or is directed at a public servant like a police officer or firefighter.

Penalties

Depending on the circumstances, aggravated assault can be a fourth, third, or second degree crime. The fourth-degree version can lead to 18 months in prison and a $10,000 fine. The third-degree version carries a 3-5 year sentence and a fine up to $15,000. Second-degree aggravated assault carries a 5-10 year sentence and a fine of up to $150,000.

In addition to the sentence, anyone convicted of aggravated assault will have a criminal record, which makes it more difficult to find work, housing, or financial aid.

How do I beat aggravated assault charges?

As always, the facts of your case determine what defenses will work. If you used force you reasonably believed was necessary to protect yourself or someone else, we can argue that you were acting in self-defense. In other cases, we might be able to show that you caused an injury accidentally, not knowingly. In fourth and third degree cases, we might be able to help you enroll in a diversionary program, where you would undergo counseling and anger management instead of a prison sentence.

Who should I contact if I’m charged with aggravated assault?

If you’ve been charged with aggravated assault, contact Rosenblum Law today for a free consultation. We’ll answer your questions, provide you a fee quote so you’ll know what representation will cost, and walk you through the process from beginning to end.