You’ve been arrested and charged with a crime in New Jersey. It’s scary. Thoughts race through your head: How do I avoid jail? How do I avoid a criminal record? How do I keep this from affecting my job? What do I do if I’m not guilty? Being charged with a crime is something no one wants to go through, but if it happens, you need an experienced New Jersey criminal defense lawyer to fight for you from the start. If you are charged with a crime in New Jersey, one option you must always explore is whether you are eligible for pretrial intervention, or “PTI.”
If you have been charged with a crime in New Jersey and are a first-time or non-violent offender, then PTI can offer the ability to avoid jail time and avoid having a criminal conviction on your record. If you are admitted into the PTI program and successfully complete it, then you will not have a criminal record, but admission into PTI is neither automatic nor easy. Luckily, the experienced New Jersey criminal defense attorneys at Dughi, Hewit & Domalewski are former prosecutors who know what it takes to get our clients into PTI. In order to qualify, the following must be true: no prior admissions in PTI or the Veterans Diversion Program; no prior conditional dismissals or discharges in municipal court; and no prior admissions in a similar type of diversionary program in another state or federal court
Step one for obtaining PTI in New Jersey is writing an effective application, which the experienced criminal defense attorneys and former prosecutors at Dughi, Hewit & Domalewski know how to do. We take our time to interview you and find out the complete story surrounding the case and your entire background. Only then, once we know who our client is and where our client is coming from, can we tell the right story – your story – that will give our client the best shot at getting accepted into PTI.
PTI in New Jersey is a one-time offer to keep your record free of a criminal conviction. Because of that, a discussion must always be had if a given case is the right time for you to apply to PTI. It is also important to remember that just because you have a criminal record or the crime charged carries a presumption of incarceration or a mandatory minimum period of parole ineligibility, you still may be eligible for PTI.
The experienced criminal defense attorneys at Dughi, Hewit & Domalewski have successfully gotten our clients into PTI by helping them tell their story through an effective PTI application. If you have been charged with a crime in New Jersey, you need to consult with an experienced criminal defense attorney who can help you understand all your options, including whether you are eligible and if you should apply to PTI. Our criminal defense group consists of experienced former prosecutors who have utilized PTI for their clients in courts throughout New Jersey including Essex County, Union County, Morris County, Passaic County, Hudson County, and Somerset County, Monmouth County, and Ocean County. If you have been charged with a criminal offense and think you might be eligible for PTI, call or email Brandon D. Minde, Chair of the firm’s Criminal Law Practice, for a free consultation at (908) 272-0200 or bminde@dughihewit.com.
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St. Patrick’s Day is approaching and with it comes shamrocks, leprechauns, and, for some, DWIs. New Jersey Driving While Intoxicated (DWI or DUI) laws have recently changed, offering first offense (1st offense) opportunities to avoid loss of driver license. If you have a blood alcohol (BAC) level of .08 or .09 or a DWI DUI based on an observation for a first offense, you can keep your drivers license if you have an interlock device installed for a period of three months. If you have a blood alcohol (BAC) level of .10 to .14 for a first offense, you can keep your driver’s license if you have an interlock device installed for a period of seven months to one year. If you have a blood alcohol (BAC) level of .15 or above for a first offense, then you will lose your license for four to six months and then you can keep your driver’s license if you have an interlock device installed for a period of nine months to fifteen months after the initial loss of license. There are more significant penalties for a second offenses DWI DUI or third offenses DWI DUI. All DWI DUI charges include large fines and potential jail time.
The New Jersey criminal defense attorneys at DHD have experience in evaluating your DWI DUI case and can develop a strategy to assist in defending it entirely if you were not intoxicated, or seeking to have it reclassified as a lower tier offense, and negotiating the minimal amount of penalties required. If you are arrested in New Jersey for DWI or DUI, you need to consult with a New Jersey criminal defense attorney in order to understand your rights and to obtain the best possible outcome. Our experienced criminal defense attorneys includes two former Essex County prosecutors who have handled DWI DUI cases in municipalities throughout New Jersey, including Essex County, Union County, Morris County, Passaic County and Somerset County. Please call or email Brandon D. Minde, Chair of the firm’s Criminal Law Practice, for a free consultation at (908) 272-0200 or bminde@dughihewit.com.
Dughi, Hewit & Domalewski, P.C. is proud to announce that Brandon D. Minde, a trial partner and Chair of the NJSBA Criminal Law Section, will be the moderator and a speaker on the NJICLE live webcast: The ABC’s of PTI (Pre-Trial Intervention) and ISP (Intensive Supervision Program) on Tuseday, Feb. 23, 2021 at 9:00 am.
This live webcast is a “how to” for attorneys who are looking to get clients accepted into the Pretrial Intervention Program (PTI) prior to trial or the Intensive Supervision Program (ISP) after conviction. PTI provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. ISP is a program after conviction that is an intermediate form of punishment which permits carefully selected state prison sentenced offenders to serve the remainder of their sentence in the community rather than in prison.
Minde will lead an experienced panel of judges, prosecutors, defense attorneys and program administrators including the ISP Lead Judge for Passaic County and the ISP Program Administrator as they share their knowledge and experiences.
Mr. Minde is the head of Dughi, Hewit & Domalewski’s criminal law department, is a former Essex County Assistant Prosecutor, and is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.
New Jersey’s highest court recently held that law enforcement authorities can compel defendants to turn over their phone passcodes in order for them to retrieve information from the device through a search warrant. In a 4-3 opinion, the majority of the Supreme Court of New Jersey agreed that production of cellphone passcodes is testimonial in nature, but then went on to apply the foregone conclusion exception to hold that the passcodes must be released in light of a search warrant for the phone. Justice LaVecchia authored a dissent that argued that the information is protected by the U.S. Constitution’s Fifth Amendment right against self-incrimination because it is part of the defendant’s thoughts, which cannot and should not be compelled.
Brandon D. Minde, a partner and chair of the firm’s criminal defense practice group participated on the brief for amicus curiae New Jersey State Bar Association, which argued in support of the issues raised in the minority opinion against forced disclosure of “mental thoughts.” Minde, a former prosecutor, is certified by the NJ Supreme Court as a Criminal Trial Attorney and is chair of the NJSBA Criminal Law Section.
Minde was quoted in the NJ Star Ledger article on the case: “Brandon Minde, the chair of the New Jersey State Bar Association’s Criminal Law Section, said the organization agrees with the dissenting opinion and will continue to monitor how this decision affects privacy concerns for New Jersey residents. “In a world where right to privacy is constantly shrinking, our Constitutional rights must not,” Minde said.” https://www.nj.com/news/2020/08/defendants-can-be-forced-to-turn-over-phone-passcodes-njs-highest-court-rules.html
Minde was also quoted in the New Jersey Law Journal on the case: “The NJSBA agrees with the issues raised in the minority opinion related to the rapidly evolving nature of technology and the protection individuals should have of their ‘mental thoughts’ in the face of governmental compulsion in a criminal matter,” said Brandon Minde, chair of the NJSBA Criminal Law Section and chair of the criminal defense practice group at Dughi, Hewit & Domalewski in Cranford. In a world where the right to privacy is constantly shrinking, our Constitutional rights must not,” Minde said. “The NJSBA will continue to monitor the case and others that center on the issue of people being forced to disclose their ‘mental thoughts’. This is certainly an issue that will be raised again.” https://www.law.com/njlawjournal/2020/08/11/why-cellphone-passwords-per-divided-nj-high-court-are-not-contents-of-ones-mind/
If you were arrested, or receive a search warrant, or are the subject of a potential criminal investigation in New Jersey, you should be represented by an experienced criminal defense attorney in New Jersey. Please contact Brandon Minde at (908) 272-0200, if you have any questions about your rights in any criminal proceeding.
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The information is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based upon particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.
Brandon Minde was recently quoted in an article on nj.com in connection with a high-profile, white collar criminal defense matter he is handling in federal district court in New Jersey. The case was filed by the United States Attorney for the District of New Jersey and alleges wire fraud, bribery, conspiracy to commit mail fraud, mortgage fraud and tax fraud against a former public official. As reflected in the article, Mr. Minde’s client denies any wrongdoing. Mr. Minde is a partner with the firm and is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. He is the Chair of the Criminal Law Section of the New Jersey State Bar Association and heads the criminal defense practice of Dughi, Hewit & Domalewski, P.C.
The article can be found by clicking this link: NJ.com – Ex-N.J. Assemblyman charged by feds in alleged kickback schemes while holding illegal city job
Dughi, Hewit & Domalewski, P.C. is proud to announce that Brandon D. Minde, a trial partner and Chair of the NJSBA Criminal Law Section, will be part of the faculty for the NJICLE live webcast: Remote and Virtual Criminal Court Proceedings from Initial Charges through Sentencing- Practice Considerations in a COVID-19 World on Friday, June 26, 2020 at 9:00 am.
This live webcast offers a day in the life of an attorney in Remote and Virtual criminal court proceedings – From the time an attorney receives notice that a client has been arrested to conclusion of proceedings; for novice to seasoned practitioner; from court rules and procedures to their application in a real-life virtual proceeding; proven practical tips for a seamless virtual court experience and much more. The program will take you thru step-by-step from initial training to review and application of pertinent rules and procedures during live, mock proceedings thru various stages of virtual court proceedings – CJP court/detention hearings, first appearance, discovery conferences, plea hearings, oral arguments, contested testimonial hearings (Wade, Suppression), expert testimony, bench and jury trial, sentencing etc.
The faculty of well-respected defense attorneys and prosecutors will engage in real-life remote and virtual criminal court proceedings before the Hon. Sohail Mohammed, Judge of the Superior Court.
Mr. Minde is the head of Dughi, Hewit & Domalewski’s criminal law department, is a former Essex County Assistant Prosecutor, and is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.
Brandon D. Minde, a trial partner and Chair of the NJSBA Criminal Law Section, recently authored an Op-Ed that appeared on NJ.com., titled “Will we ever return to the days of a packed courthouse?” The article explores how New Jersey trial attorneys have been adapting to the virtual court proceedings which have been taking place in New Jersey due to the coronavirus.
Justice Thurgood Marshall wrote, “Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process.” Of course, mere access to Zoom video does not itself assure ideal “access to the courthouse doors,” but in COVID-19 times, it’s a good start and will likely remain as a part of future courthouse operations in New Jersey even after New Jersey fully recovers from the effects of COVID-19 and resumes more “normal” operations. Mr. Minde is the head of Dughi, Hewit & Domalewski, P.C.’s criminal law department, is a former Essex County Assistant Prosecutor, and is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.
Posted Jun 01, 2020 on NJ.com
By Brandon D. Minde
I appeared before an Essex County judge recently to argue a motion to dismiss. I am an attorney. I do this all the time. But lately, I have been doing so from home, in front of my computer, dark suit and all, at least from the waist up.
The same afternoon I participated in a plea agreement before a Somerset County judge. Same home, same computer, just a different case and county. I did not take a law school course in virtual justice. No lawyer did. But we are learning fast. The pandemic has forced virtual justice upon us. And rather than be scared, we should embrace it.
“Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process.” Justice Thurgood Marshall wrote those words in 1985 when he, of course, assumed the actual courthouse doors would always physically open. But he could not have foreseen what we now face: COVID-19, stay at home orders, social distancing.
“Access to the courthouse doors” has now taken on a new meaning.
Courthouses remain physically shut, but those of us who spend our days seeking to protect individuals’ rights and pursue justice continue our work in new, innovative ways.
Virtual arraignments to read formal criminal charges. Check.
Virtual case management conferences to discuss discovery issues or plea negotiations, and even virtual sentencings. Check, check and check.
We have learned some things along the way. Straightforward, less contentious proceedings have adjusted well to the virtual world. For example, a client’s first appearance where the pending charges are read, potential exposure advised, and bail conditions for release are given.
I am less confident about courtroom situations that seem made for, well, live courtroom TV. If I virtually confront an accuser who has given conflicting stories, or surprises an expert witness with old social media posts showing her bias, will my impact on the jury be the same as if they were sitting a few feet away? I doubt it.
Our judicial system is steeped in history and tradition. (Think of the black robes.) It is slow to change. In law school I learned to ask a judge, “permission to roam the well.” That’s court speak for, “may I please get up and walk in front of you?”
A lawyer is someone who solves problems. And COVID-19 presents a big one.
We need technology to plug the gap where history and tradition fall short because what’s the alternative? To shut down the legal system for months? For years? For every new outbreak? In a country that requires “access to the courthouse doors” to ensure justice and liberty, that would be unthinkable.
During one recent virtual hearing, I wanted to discuss a matter privately with the judge and prosecutor. Before, I would request that we meet in the judge’s chambers. Now, I requested we move to the judge’s virtual chambers (read: Zoom video breakout room). It all worked smoothly … and until recently I, and many of my legal colleagues, had never even heard of Zoom.
Many more of us will soon be touched by these innovations. New Jersey is starting a pilot program for virtual grand juries. People with traffic tickets are getting notices for virtual municipal court hearings. There are certainly differing views on virtual court appearances and virtual grand juries, but I am proud the legal system is not standing still in the face of COVID-19.
For the moment, virtual proceedings are limited and most substantive ones require consent from all the parties involved. But things are changing fast as we simply do not know when we will return to the days of hundreds of people crowding into courthouses. Those who have had jury duty remember the crowded jury rooms, courtrooms, cafeterias, hallways and elevators. Post-pandemic what will be the reaction the first time someone sneezes in a jury box?
One day soon, you may receive a jury notice form instructing you on which day and at what time to login to Zoom for jury duty from your dining room table. Of course, mere access to Zoom video does not itself assure ideal “access to the courthouse doors,” but in these troubled times, it is a good start.
Brandon Minde is an attorney at Dughi, Hewit & Domalewski, P.C, in Cranford and is certified by the Supreme Court of New Jersey as a criminal trial attorney.
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Dughi, Hewit & Domalewski, PC, is pleased to announce that Brandon Minde has become the Chair of the Criminal Law Section of the New Jersey State Bar Association for the 2020-2021 term. The Criminal Law Section, composed of members from the defense bar, prosecutor’s offices, and former members of the judiciary, deals with information and education concerning the improvement of the criminal justice system, and takes an active role in responding to developments which affect its membership and in suggesting methods through which the legal system can more effectively serve the interests of Criminal Law Section members and their clients. Toward that end, Brandon recently served as the Chair of the section’s Subcommittee on COVID-19 Challenges to Criminal Practice, which provided several recommendations for continuing the practice of law that were ultimately implemented by order of the NJ Supreme Court.
Brandon is a partner with the firm, is certified by the Supreme Court of NJ as a Criminal Trial Attorney, and leads DHD’s criminal defense practice.
