On February 23, 2024, the New Jersey Supreme Court settled the ongoing fight with the legislature over the endorsement of a new statute permitting plea bargaining to allow for ignition interlock devices in minor drunk driving cases.  Last week, Judge Grant put out an order that no DWIs were allowed to be plea bargained.  However,  the Supreme Court disagrees. Judge Rabner said in the order that “because no actual case is before the court, we do not make a finding on that issue. At the same time, we recognize that the amendment reflects a policy statement by the legislature, whic ..read more

On February 14, 2023, the Supreme Court finally made the right decision allowing those with prior marijuana conditional discharges the possibility to get into PTI.  https://www.njcourts.gov/sites/default/files/court-opinions/2023/a_64_65_21.pdfIt is no longer an automatic bar to PTI if you have a prior conditional discharge for marijuana.  The court held that people who received pre-CREAMMA conditional discharges for specified marijuana offenses — just like persons who had pre-CREAMMA convictions for those marijuana offenses are no longer categorically precluded from future admission ..read more

Sea Girt, NJ, USA August 11, 2006 Beachgoers enjoy a beautiful, sunny summer’s day at Sea Girt on the New Jersey Shore The sun is shining and the shore bar lifestyle is back with furry after Coronavirus.  Sea Girt has a lively nightlife scene, especially at The Parker House. It is not uncommon for their to be an increase of arrests during the summer months.  Many of the bars are checking people prior to entry and there has been an increase in arrests for Possession of CDS under 2C:3510A(1).  This would include a charge of Possession of Cocaine.  This is a felony offense a ..read more

Summer 2021 is back in full force!  Many people are back out frequenting local bars and attractions in Belmar.  If you have been arrested for 2C:33-2A, disorderly conduct in Belmar, whether at Bar Anticipation, D’Jais or any place else,  I can help you.  These charges usually are related to remaining outside or inside a bar after being asked to leave.  If you have been charged with 2C:18-3B, defiant trespass, relating to a similar situation, I have appeared in Belmar for over a decade successfully defending  individuals charged with these types of offenses.  ..read more

Under NJSA 2C:7-2(f), a Registrant can petition to be removed from Megan’s Law after 15 years if they have not committed a new offense, and they are found not to be a threat to the community.  Prior to a recent Supreme Court ruling, if a registrant committed a subsequent offense after being placed on Megan’s Law, the 15 years time period would simply commence again after the subsequent  new offense.  However, in March of 2020, in State in the Interest of HD and JM, the Supreme Court ruled that the Registrant must remain completely offense free during the 15 year period in order ..read more

CORONAVIRUS (COVID-19) IS REAL BUT LIFE CONTINUES: CONTACT ATTORNEY TARA BRESLOW-TESTA FROM THE SHELTER OF YOUR PLACE. March 18, 2020 by the Law Office of Tara Breslow The nationwide quarantine inspired by Coronavirus (COVID-19) is unprecedented in the experience of most New Jersey residents. Citizens of New Jersey have been encouraged to shelter in place, to stay home and avoid social contact to prevent transmitting and/or contracting the respiratory disease that is proving fatal.  Unfortunately, several of our residents both in Freehold, as well as Red Bank, have been affected by the virus ..read more

What is Pre-Trial Intervention and More Importantly Is it The Right Choice? Pre Trial Intervention, often referred to as “PTI,” is a diversionary probationary program offered at the Superior Court level in the county courts.  It can be a way to avoid a criminal record.  Most of the time, you enter the program without ever pleading guilty and even if a guilty plea is a contingency to acceptance, you will never be sentenced or convicted of a crime if you successfully complete the program. Pursuant to the statute, the minimum length of time for probation imposed is a one year time period.  Howev ..read more

Asbury Park criminal defense attorney Tara Breslow-Testa Over the weekend of September 21-22, the sea.hear.now Festival welcomed more than 35,000 people to Asbury Park. From sea to Shore, Asbury Park rocked and resonated with music from dozens of bands headlined by the B52s, the Dropkick Murphys, Joan Jett and the Blackhearts and the Dave Matthews Band. Lots of live music, but also a surf contest, art demonstrations, food and drink.  The sea.hear.now Festival was the place to eat, drink, rock out and be merry – say goodbye to summer and hello to fall ..read more

DISORDERLY CONDUCT AT THE JERSEY SHORE CAN HAVE SERIOUS CONSEQUENCES.  Sea Girt is a popular Jersey Shore place to eat drink and be merry. But if you get too merry and cross the line into behavior that is considered disorderly conduct you might need the services of a lawyer. Sea Girt, Belmar, Lake Como disorderly conduct attorney Tara Breslow-Testa is who you should call if cited or arrested for “causing public inconvenience, annoyance or alarm, or  recklessly creating a risk thereof.” All disorderly conduct cases go to court and some end up better than others ..read more