Greg S Gargulinski

When Is a Child Considered “Endangered” According to NJ Law

There are several statutes in New Jersey that our legislature has enacted to prosecute crimes against children. One such statute is N.J.S.A. 2C:24-4; Endangering the Welfare of a Child, a crime which can carry a mandatory prison term between 5-10 years if it is charged in the second degree. Under subsection (a)(1) of N.J.S.A. 2C:24-4, it is a...
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Veterans Diversion Program

Recently, the New Jersey Legislature created a Statewide Veterans Diversion Program which solely empowers the County Prosecutors Office to divert an eligible "servicemember” charged with certain crimes from traditional means of prosecution into rehabilitative treatment. N.J.S.A. 2C:43-26 defines a “servicemember” as any “veteran or enlisted person of the United States Armed Forces, or a reserve...
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Weekend Sentencing for Criminal Driving While Suspended Convictions

N.J.S.A. 2C:40-26 criminalizes operating a motor vehicle during a period of a license suspension for a violation of N.J.S.A. 39:4-50, driving while intoxicated or N.J.S.A. 39:4-50.4, refusal of a breath test.  Specifically, a violation of N.J.S.A. 2C:40-26 is a crime of the 4th Degree if an individual operates a motor vehicle while suspended for a...
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Termination of Meghan’s Law Obligations for Juvenile Delinquents

On April 25, 2018, the New Jersey Supreme Court determined in State In Interest Of C.K. that N.J.S.A. 2C:7-2(g)’s lifetime registration and notification requirements for sex offenses (“Meghan’s Law”) unconstitutional as applied to juveniles adjudicated delinquent because the statute violates their substantive due process rights under the New Jersey State Constitution.  Under N.J.S.A. 2C:7-2(f) an...
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DWI & Criminal Liability in Vehicular Homicide

Until recently if an individual in New Jersey drove a motor vehicle while legally intoxicated and caused the death of another he or she would be criminally prosecuted under N.J.S.A. 2C:11-5; Vehicular Homicide. N.J.S.A. 2C:11-5, (now renamed Reckless Vehicular Homicide) criminalizes the act of driving recklessly and causing the death of another. Under this statute, just...
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Federal Criminal Enforcement of Potential Recreational Marijuana Legalization in New Jersey

There are currently nine states that have legalized recreational use of marijuana (Alaska, California, Maine, Massachusetts, Washington D.C., Colorado, Nevada, and Oregon). Currently in New Jersey while medical marijuana is legal, recreational use is not.  However, Governor elect Philip D. Murphy has stated he plans to pass recreational marijuana legalization within his first 100...
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New Jersey Protective Orders for Sexual Harassment in the Work Place

Have you ever been the victim of sexual harassment at the work place?  Did you try to get a restraining order only to be told you do not qualify for one?  Be advised that the New Jersey Legislature has recently rectified this problem by enacting N.J.S.A. 2C:14-14 through N.J.S.A. 2C:14-21 which authorizes a Superior Court...
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New Jersey Expungement Law – Are You Eligible?

Need a second chance?  Are you one of the thousands of people a year in the State of New Jersey who have been arrested and/or convicted of an Ordinance Violation, Disorderly Persons Offense, or Indictable Offense?  If so, you may be at a serious disadvantage in obtaining or keeping your employment and/or professional license or...
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