Empowering Immigrants, Strengthening America
A guilty plea may seem like the fastest way to resolve a criminal case, but for noncitizens facing criminal charges, it’s more than a criminal record that’s on the line. A plea agreement that reduces fines, avoids jail time, or closes a case quickly may still create serious immigration consequences....
For many immigrants, an arrest or criminal charge creates concerns that go far beyond the criminal court process. A domestic violence allegation can raise questions about your ability to remain in the United States, obtain immigration benefits, or move forward with a pending application. At DeCosmo Law, we can evaluate...
Proposed Ban on Dual Citizenship New Jersey immigration lawyer Derek DeCosmo was recently interviewed by The Washington Examiner on the proposed Exclusive Citizenship Act of 2025, a legislative proposal that would ban dual citizenship for U.S. citizens and raise significant legal and constitutional questions. With millions of Americans eligible for...
Recent changes in how Camden police cooperate with federal immigration authorities have created uncertainty for local residents. If ICE agents or local officers with an immigration detainer take you into custody, your future in the United States hangs in the balance. Being detained means you are at risk for removal....
Yes, many immigrants do qualify for release after detention in New Jersey. However, the answer depends on who is holding them and why they were detained. Some immigrants can be released through New Jersey’s criminal court system, others may qualify for an immigration bond, and some face mandatory detention unless...
Yes, you can get released when detained in New Jersey, but not with cash bail. Instead, judges decide whether someone stays detained or is released based on risk. If you’re arrested and held, release is still possible, but it depends on how the court evaluates public safety, flight risk, and...
When a young adult leaves home for college, parents often hope the toughest challenges will involve academic stress, making new friends or managing finances. But life sometimes delivers a harsher reality. One of the most unsettling calls a parent can receive is that their college-age son or daughter has been...
Crimes of violence are dealt with harshly in New Jersey. If facing assault charges, consider this a direct threat to your future. The consequences of a conviction can ripple through every aspect of your life. You have a chance of successfully defending yourself with strong legal guidance. But first, you...
Prosecutors often rely on physical evidence during a criminal trial. It’s critical that this evidence is obtained legally so that it can be used. If it’s not lawfully seized, it’s often possible to have it suppressed, which means it can’t be used against you. In most cases, police officers need...
In the United States, you have many rights. One of these is a right to privacy on your own property. Generally speaking, you always get to decide who is allowed on your property and who is not. This even extends to the police. An officer may come to your door...
Police officers sometimes have to question people when they’re investigating a crime. It’s critical that you understand your rights if you’re in this position. Anyone who is in police custody and being questioned should be read their Miranda rights, so this is something you should pay attention to. The Miranda...
During the course of a criminal investigation, police officers may believe that there is evidence on your phone. They could ask you for your consent to perform a search. After all, your phone is probably locked behind biometric data or a passcode, so they need you to give them access....
DNA evidence has been incredibly helpful, not only in solving crimes but also in exonerating those who have been falsely convicted. Hundreds of people have been released from prison after being wrongfully convicted, as DNA evidence has proven their innocence. Interestingly, research into these cases shows that most wrongful convictions...
Murder charges are some of the most serious charges someone can face in New Jersey. The ramifications could be severe, often leading to lengthy jail sentences. For charges like first-degree murder, someone may be given a life sentence, meaning they will never be released. As such, it is crucial for...
People who misuse prescription drugs may perceive them as less dangerous than illicit drugs. If a doctor prescribes them, they assume they are safe to take. Unfortunately, this perception is incorrect. Just like street drugs, these substances have the potential to result in addiction and overdose. In the most concerning...
Under the Controlled Substance Act, substances are classified under schedules. Schedules determine how certain substances can be used based on their medical uses and the risk of how dependent users may become while using a drug. For example, some substances can be widely distributed for consumer use without prescriptions. Other...
The police will sometimes announce that they are planning to set up a field sobriety checkpoint. They may also call it a DUI checkpoint. For these to be legal, the police typically have to tell people when and where the checkpoint is going to be established. You can sometimes find...
The last thing on your mind may be facing criminal charges or being identified as a criminal suspect. However, the reality is that many of those who face charges are caught off guard. In terms of forming a defense strategy, the earlier that you realize you have been identified as...
While police officers have a host of powers at their disposal they cannot act with impunity. They must not unnecessarily interfere with the liberty of citizens or make unfair arrests. Before taking certain actions, such as conducting searches or making arrests, police officers must have probable cause. This is an...
Every citizen in the United States is given several constitutional rights. These rights can help people if they encounter the police and are afraid of facing an arrest. To learn more about your rights, here are three amendments you should know: Recording the police There is always the possibility that...
When you get your driver’s license in New Jersey, you give consent (implied consent) to alcohol testing when the police have reasonable suspicion that you may be driving under the influence (DUI) of alcohol. This means you may lack grounds to refuse to submit to a breathalyzer test. Here is...
Criminal cases are typically resolved through a variety of methods, with very few cases proceeding to trial. This stark contrast to the common portrayal in television shows and movies underscores the importance of plea bargains. One option that some people use is trying to work out a plea deal with...
Have you ever been questioned by a police officer on the street? Maybe they pulled you over while driving. In these situations, you might wonder what justifies the officer’s actions. It all boils down to two key legal concepts: reasonable suspicion and probable cause. Understanding the difference between these is...
If you get pulled over by the police, the first thing the officer will probably do is ask you a question. For instance, maybe they pulled you over for breaking the speed limit, and they might ask you if you know how fast you were driving. Or they could be...
If the police get a search warrant, they can use it to enter your home and perform the search. The warrant may specify what type of evidence the police are looking for, and where in the house they are allowed to search. For instance, it may say that they can...
If you have ever heard a report about a criminal trial on the news, you may have heard the phrase “a suspended sentence.” It means that the person the judge sentenced will never actually serve that sentence, provided they stay on the right side of the law from now on....
If the police stop you on the street, they will probably start asking you questions. You may think you are obligated to answer, but you are not, except for giving your name and address if asked. Other than that, you can tell the police that you wish to exercise your...
Every year, thousands of drivers in New Jersey experience pretextual traffic stops. In a pretextual traffic stop, the police will pull over a vehicle for an alleged minor offense, such as a missing sticker or driving violation like not signaling properly or rolling a stop sign. Then, once they’ve pulled...
In New Jersey, someone who is charged with driving under the influence will be confronted with various legal problems. That includes the possibility of fines, jail and a driver’s license suspension. For a pilot, it can also negatively impact their ability to fly. DUI charges can be problematic for pilots...
It’s relatively common for prosecutors in New Jersey and elsewhere to offer plea deals in criminal cases. Doing so may help to resolve cases in a timely and affordable manner, which enables authorities to use their limited resources to try cases deemed to be the most important. However, you are...
As of January 18, 2022, people convicted of drug charges in New Jersey can have those charges expunged from their record in more ways than previously available. The purpose of the newly passed laws is to decriminalize addiction. P.L.2021, c.403 People found guilty of possession with intent to use drug...
Every year, police in New Jersey attempt to resolve thousands of cases dealing with crimes. There are numerous tools that help them identify the perpetrators, and the lineup is one that they frequently use. But it’s an open question as to just how reliable the lineup is and whether a...
Research has shown that lineups are superior to show-ups, or the Field Identification Procedure, which comes with countless difficulties in its accuracy. But lineups aren’t free from their own problems, and much of it comes down to the way the police procedure is conducted. If you find yourself on trial...
People from other countries who wish to start new lives in New Jersey and around the country usually seek permanent residence. Green cards allow them to live and work legally in the United States, but obtaining one can be extremely difficult if they have violated immigration laws in the past....
Eyewitness testimony makes compelling television drama. Police procedural shows certainly have led people to believe that eyewitness accounts are a flawless way to find the right person. But if you are a suspect, eyewitnesses can be an unreliable way to falsely accuse you of a crime. Fortunately, the law in...
In New Jersey, and across the United States, people charged with drug possession may benefit from understanding the charges against them. One common defense involves proving that police illegally searched the defendant’s car, home, or property. These searches are illegal without search warrants. Illegal searches and constitutional rights It is...
If you watch television news, there’s a good chance you have heard the phrase “assault and battery.” When a New Jersey resident is being charged with such a crime, the nature of the act may not be readily apparent. Furthermore, those two terms have been used interchangeably as though they...
The field of forensics in New Jersey and around the country has undergone a substantial change in recent decades. A number of previously established practices have been challenged and studied with fresh insight. Many of these practices had led to wrongful convictions and poor police work. One of these areas...
Like other states, New Jersey has laws surrounding the theft of a vehicle. An arrest for this type of crime often carries substantial penalties. Auto theft in New Jersey New Jersey doesn’t have separate laws specifically pertaining to auto theft. Stealing a car falls under the state’s general theft laws....
One of the homicide crimes residents of New Jersey could face is murder. Second-degree murder is considered an intentional killing without premeditation. These crimes always require the strongest defense possible. How a person could be charged with second-degree murder Second-degree murder is a homicide crime that occurs when a person...
Embezzlement ranks as one of the most troubling forms of theft that a company may experience. Actually, both for-profit and nonprofit entities might suffer problems with embezzlement. Unlike more common forms of theft, embezzlement typically involves an inside job where someone appropriates money in violation of their employer’s trust. So,...
Fraud has evolved and changed over the years as technology has progressed. With the advent of the internet and social media, insurance fraud has taken on a whole new meaning. What is insurance fraud? Broadly speaking, insurance fraud is any type of deception committed for the purpose of securing an...
New Jersey motorists could face several consequences of driving under the influence. Even when no accident occurs, and the traffic stop and sobriety test conclude without any incidents, drivers may face penalties. That’s true for first offenders, although repeat offenders likely face severe sanctions. Punishments could extend beyond a Garden...
Although many laws exist to reduce the chances of collisions on New Jersey roads, accidents happen with an unfortunate frequency level. New laws may intend to increase public safety, and responsible drivers might have just their behavior and adhere to the new rules. The arrival of the new Safe Passing...
Criminal mischief is a common crime in New Jersey. You should know what it means and how you could be charged with it. What is criminal mischief? Criminal mischief is a crime that involves property destruction or damage. There are varying levels of the offense, but if a person is...
Comúnmente se piensa que después de una condena no hay nada que se pueda hacer por el condenado. Sin embargo, existen varias situaciones en las que una persona puede continuar luchando por su libertad aunque el juez ya haya dictado su sentencia. Los condenados de Nueva Jersey que cumplan con...
Getting charged with a criminal offense is particularly intimidating when you have limited defense options. The prosecution might include criminal evidence in the form of software, which can be difficult to refute. The good news is that you can challenge digital evidence and boost your chances of getting a desirable...
All states, including New Jersey, allow people to protect themselves from physical harm using force. A violent action that may otherwise be considered a crime could be legal if it was an act of self-defense. However, there are specific requirements for a self-defense argument to be successful. Imminent threat In...
If you are facing assault charges – or other criminal charges – you have likely tried to figure out how much jail time you could end up doing if the court convicts you. If so, it is important to take aggravating factors into account. If they are present, it could...
When growing up, you likely often hear the idea that if you are innocent, you should have nothing to hide. Unfortunately, when it comes to police, you should always remain on your guard for your own safety. This means knowing your rights when an officer comes to your door. How...
When stopped on suspicion of drunk driving, law enforcement often asks drivers to submit to alcohol breath tests. For the concern of possibly incriminating themselves, some motorists consider refusing such tests. To protect themselves from unnecessary consequences, it behooves drivers to understand the state’s laws regarding breath testing. Do drivers...
Technically, assault and battery are two separate crimes. In general, assault requires your intention to harm someone else, whether or not you actually do. Battery, on the other hand, requires only an offensive touching, whether or not you intended to cause the other person harm. FindLaw explains that New Jersey...
If you are not a citizen of the United States, you may believe that the U.S. Constitution does not apply to you. Perhaps you have heard people who are citizens tell you so. The truth is a bit more complex. In matters specifically related to immigration, the law applies differently....
The new ruling by SCOTUS stops police officers from entering your New Jersey property without a warrant even when they are in hot pursuit. However, there are some exceptions to this rule; for instance, if the crime is a felony, police officers could conduct a warrantless search. Read on to...
You have a lot to think about after New Jersey police arrested you for drunk driving. For instance, should you worry about losing your job after your charge? Chron explores how DUIs affect a person’s employment. Determine what steps to take to protect your current job and future employment opportunities....
On February 22, 2021, Governor Phil Murphy decriminalized the use and possession of marijuana in small amounts. Individuals at least 21 years old may legally use marijuana under the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act. As reported by Newsweek, Garden State residents may possess up to six...
Immigrants, whether they hold a visa or a green card, must follow the laws of the country or risk deportation. Unfortunately, some of the crimes that can result in deportation may be minor. Immigration law can be difficult to understand, as it includes both federal and state laws. Understanding what...
Despite your arrest at the hands of New Jersey police, you still desire to earn a degree. Could your drug charge become a roadblock to qualifying for student loans? U.S. News & World Report offers tips for navigating financial aid applications with a drug conviction on your record. Learn where...
When you live in New Jersey or another part of the United States as a non-citizen, you need to take extra care when it comes to how you conduct yourself. Certain types of legal trouble, such as drug violations, have the potential to lead to detention or even deportation. If...
New Jersey laws address theft in its various forms, from shoplifting and cargo to theft of services. Theft of services requires intent, but the crime may not require that you use the services to obtain a guilty verdict. According to the New Jersey Legislature, theft of services may occur when...
If you were under the threat of harm but managed to fight off your assailant, what can you do if the assailant brings assault charges against you? New Jersey permits citizens to use force to protect themselves. The law does not only protect you but your rights in the defense...
The term “plea bargain” might sound familiar to you. It holds a crucial place in the justice system. Supporters of plea bargains say that it allows for more options for individuals facing charges. Those who disagree think it is unfair toward either the defendant or the prosecution. Plea bargains hold...
One of the biggest failures of the criminal justice system is the conviction of an innocent person. When this happens, legal entities should take all steps to correct it. However, compensation for a wrongful conviction is severely lacking in the U.S. The Innocence Project explains that not every state offers...
A police pursuit in New Jersey on the evening of Jan. 2 led to eluding charges for a 23-year-old Toms River man and a drunk driving count for a New York resident who happened across the scene. The sequence of events began at about 8:16 p.m. on the eastbound lanes...
In Camden, there are many crimes that take place. It’s important for you, and anyone else who is accused of a crime, to know that you have a right to defend yourself. There are many reasons that people commit crimes or are accused of them, and it’s worth the time...
While it’s true that anyone can get a DUI at any age, it is interesting to consider how someone’s age may impact the likelihood that they will be arrested. Since college students have a reputation for drinking at school, it stands to reason that they may drink and drive more...
If the New Jersey police stop you and ask you to take a Breathalyzer test, you can be penalized for refusing. If you agree and fail the test, you may assume you have to accept the charges, even if you believe you are under the limit. However, this is not...
You get a knock on your door and there’s a detective there asking if you’ll come down to the station to talk with them. “It’s no big deal,” the detective says, “You aren’t in any trouble. We’re just trying to get some more information, and we think you can help.”...
When you find yourself operating a motor vehicle, it’s critical that you always follow the rules of the road. This is easier said than done, but it’s imperative from both a safety and personal perspective. Even a seemingly harmless traffic violation has the potential to change your life. For example,...
Just like the name implies, “simple assault” is the simplest and most basic of the possible assault charges in New Jersey. You could be charged with simple assault for allegedly engaging in any of a variety of different menacing behaviors. Thus — especially if you’ve engaged in flying fists or...
As a whole, crime has dropped off drastically in New Jersey. Because many businesses are closed and people are staying home, there’s probably fewer opportunities for people to get into trouble. That’s caused a 65% drop-off in arrests below the norm. Even shootings have dropped 19%. Here’s the bad news:...
The last thing you expected when you woke up this morning was to find the police pounding on your door. Now there’s a detective or an agent from Immigration and Customs Enforcement (ICE) with a set of armed, uniformed officers standing nearby. They ask to “look around” your place as...
Even with strict laws in place, driving under the influence remains a concern among law enforcement officers from one side of the country to the next. And that’s why they’re more in tune than ever before with catching those who violate the law. If you’re pulled over for suspicion of...
They say absence makes the heart grow fonder. So, what happens when you spend every second of your day together? Does your heart get less fond of someone? Does their heart get less fond of you? Domestic violence accusations are on the rise, according to recent reports. Spending a lot...
When you decided to go out with your friends for the evening, you didn’t intend to break the law. You thought you’d have a nice night out, and then you’d go home without incident. One of your friends thought it would be a good idea to try some MDMA while...
Parents often worry that their teens will commit crimes, especially because they, as adults, understand just how much these young people have to lose. They know what type of impact a criminal charge can have on their future. It clearly may impact their freedom, but it can also impact education...
An opioid is a type of drug found naturally in a poppy plant. Prescription opioids can be constructed inside a lab using the same chemical structure found in the natural plant. Or they can be manufactured directly from the poppy plant itself. Examples of prescription opioids include oxycodone, morphine, fentanyl,...
If you’re interested in the link between immigration and crime, you may assume from popular news sources that immigrants are more likely to commit crimes. In reality, the opposite is true. Multiple studies have found that immigrants tend to commit fewer crimes than people who are born in the United...
The science of drug abuse and alcoholism is clear: Addiction is a disease, not a moral failing. Many victims of addiction start down that road because they get hooked on painkillers after an accident or during a course of treatment for some kind of chronic illness. Others use drugs or...
You may think that a traffic violation is no big deal. After all, people get stopped for speeding, running red lights or missing stop signs fairly often. The reality is, though, that violating traffic laws can have an impact on your life. There are fines, and you may have points...
Facing any type of accusation can make a person feel defensive. If the accusations come as formal criminal charges, being defensive is often the right course of action. In fact, many cases hinge on accused parties’ criminal defense presentations against evidence provided by the prosecution. One man in New Jersey is...
For some people, getting pulled over by police can initiate a fight or flight response. Though this response is instinctual in many stressful situations, fighting or fleeing from police often creates more problems than solutions. In fact, additional criminal charges could result. It was recently reported that two individuals in...
For some people, a simple traffic stop can quickly go downhill. If authorities believe that other suspect activity is taking place in addition to the reason for the stop, a person could end up facing serious allegations. If so, rather than driving away with a ticket, a driver may need...
Young people may have the wrong idea that their actions will not have lasting consequences. Unfortunately, this idea could land them in significant legal trouble if a night out of raucous activity involves breaking the law. In fact, individuals charged with crimes may find themselves planning their criminal defense presentations...
When a person is accused of committing a crime, he or she may have a long legal case ahead. Though an arrest does not necessarily mean that formal charges will result, the accused will need to take his or her case seriously if formally charged. Typically, one of the first steps...
For reasons often known only to them, some individuals get a taste for breaking the rules. As a result, they may carry out actions or behave in certain ways that could get them in serious trouble if the law catches up to them. Though they may think that they can...
Partner, Derek DeCosmo, comments on the Joe Guidice case in a NJ.com article: https://www.nj.com/entertainment/2019/03/joe-giudice-of-rhonj-finishing-prison-sentence-but-he-wont-be-going-home-to-his-daughters.html
People’s actions can sometimes be difficult to understand. Those actions may seem random or uncharacteristic, and if they are violent, they can lead to serious criminal charges. In such cases, authorities will undoubtedly investigate, and an accused person will certainly want to gain information on criminal defense options. One man...
Most people get into serious disagreements at some point in their lives. These disagreements can sometimes lead to shouting or physical contact, and some incidents may escalate further. If a dispute ends in a fatality, a murder charge could result, and the accused party will undoubtedly need a strong criminal...
When a car accident results in a death, it is not unusual for criminal charges to result. If authorities believe that the driver considered at fault was under the influence of alcohol at the time of the incident, it is even more likely for that driver to face charges. After...