Author Archives: Jay Butchko
Issuing a Subpoena for a Minor
Sometimes, especially in domestic disputes, a key witness in a case may be a minor under the age of 18. The experience of such witnesses can be integral to the defendant’s or plaintiff’s case, but issuing a subpoena to ask them to testify at a hearing is complicated by their age. Rule 1:9 of… Read More »
How to Become Eligible for the New Jersey Veterans Criminal Diversion Program
If you are a military veteran, being charged with a criminal offense can be terrifying. When you are dealing with a prosecutor who is not a military veteran, they will not fully understand what it’s like to be deployed to a combat zone or encounter the death and destruction that many military veterans have…. Read More »
Expansion of Guidance for Discharge Upgrades in PTSD-Related Case
In September 2014, Secretary of Defense Chuck Hagel published a memorandum that directed discharge review boards to “fully and carefully consider” any petition concerning claims that PTSD symptoms existed at the time of the veteran’s discharge and contributed to underlying misconduct that prompted an adverse discharge. The memo directed the boards to give timely… Read More »
NJ Bail Reform
New Jersey’s new pretrial release system, implemented on January 1, 2017, replaced the traditional bail system by minimizing cash bail and instead consider the defendant’s risk of not reappearing at court or committing another offense while waiting to appear. Rather than set a monetary bail, attorneys present the results of a Public Safety Assessment,… Read More »
Veterans Benefits 2020: Most Unique or Newest State Benefit
Alabama “The most unique benefit Alabama offers is the Alabama G.I. Dependent Scholarship. There are few like it. It offers dependents of Alabama’s disabled Veterans educational opportunities that may not be possible otherwise. It helps cover the costs of tuition, textbooks and instructional fees for undergraduate courses at any public college in the state…. Read More »
Drug Court Expungement
How does drug court expungement differ from general expungement? Drug court expungement law increases expungement opportunities available to drug court grads. Unlike general expungement statutes, graduates of drug court can expunge their entire criminal record, with very few limitations. For example, drug court does not place limits on the number and type of offenses… Read More »
Drug Court Problems and Reforms During the National Opioid Crisis
The drug court statute was last amended in 2012. For all its positive impact in New Jersey, it has serious limitations that prevent it from responding to the growing opioid crisis. Drug court needs comprehensive reform that empowers its response to the opioid crisis. That’s why Thomas Roughneen & Associates supports Bills S491 and… Read More »
Drug Court
What is drug court? Drug court aims to assist defendants in overcoming alcohol and drug dependencies while resolving related criminal charges. Funded by federal, state, and private grants, its purpose is to divert drug-dependent individuals who fit certain eligibility requirements into intense treatment rather than continuing the cycle of addiction that drives crime. Participants… Read More »
Retired Police Suing NJ To Secure Your Rights Under LEOSA
Citizen Soldier Law Leading a Team of Experienced Federal Litigators Suing the State of NJ, the NJ Attorney General and the Superintendent of the NJ State Police to Secure Your Rights Pursuant to LEOSA The lawyers at Citizen Soldier Law are focused on the rights of law enforcement and approved for the PBA Legal… Read More »
State v. Storm and Citizens’ Complaints
A Citizens Complaint can be filed when an individual files a complaint against an individual for certain crimes and traffic offenses. Under rule 7:7-4 (b), these complaints can be prosecuted by a state prosecutor or by a private prosecutor, either at the state prosecutor’s request or if the state prosecutor does not appear. However,… Read More »