Archives: FAQs

In most cases, a DUI in New Jersey is a traffic offense, not an indictable crime, or felony. However, you could face an indictable charge if you hurt or killed someone while driving drunk, or if you attempted to flee the scene of a crash that involved injury or death.

There are a few ways in which a DUI charge can be dismissed. Most of these methods involve challenging the evidence used by police when they made the initial arrest. If the evidence against you is incorrect or was obtained illegally, you may be able to have a DUI dismissed.

DUI and DWI are used interchangeably to describe someone driving while impaired by drugs or alcohol, so there’s no real difference between these terms.

Being charged with a DUI while a child is a passenger is a second-degree indictable offense in New Jersey. If the child is age 17 or younger, you could be charged with endangering the welfare of a child in addition to driving while intoxicated. This is a second-degree felony and carries a harsh penalty of […]

Yes, in many cases. However, the most serious felonies, known as indictable offenses, cannot be expunged. This includes kidnapping, sexual assault, and homicide. You should check with your attorney at William Proetta Criminal Law to ensure that the crime you were convicted of can be expunged. If you were charged but never convicted of a […]

In New Jersey, misdemeanors are known as petty disorderly persons offenses or disorderly persons offenses. These crimes may be expunged as long as you were not convicted of more than five disorderly persons offenses. Some common disorderly persons offenses include simple assault, possession of drug paraphernalia, shoplifting less than $200, resisting arrest, writing a bad […]

When your records are expunged in New Jersey, they generally can’t be accessed by anyone except under specific circumstances. For example: A court may access your criminal history when determining bail or sentencing. Immigration officials may review these records when reviewing immigration applications. The military and law-related employers may also access these records when reviewing […]

Most likely not. In most cases, juveniles are not tried as adults unless they have committed a major offense or have a prior criminal history.

Your child may have to attend one or more court hearings, but it’s unlikely there will be a formal criminal trial. With that said, it is still important to take these court hearings seriously and be prepared.

There’s a good chance your child’s charges can be reduced or dropped, especially if they have no prior criminal history. In general, courts want to help rehabilitate juvenile offenders instead of punishing them.