Asbury Park Lawyer

Blood Alcohol Content (BAC) and the Breath Test

Asbury Park LawyersBlood Alcohol Content (or BAC) is used to measure the amount of alcohol found in your blood stream.  It is also known as blood alcohol concentration, blood alcohol level, or blood ethanol concentration.  Your BAC can be measured by a breath test which is administered by a police officer if you are suspected of driving while intoxicated.

Many factors influence an individual’s blood alcohol content, including gender, weight, the amount of food in your stomach, and your metabolic tolerance.  If an individual is suspected of drunk driving and given a breath test, they will be charged with driving while intoxicated (DWI) if they are found to have a BAC of .08% or higher.  If you have been arrested for DWI in Asbury Park, you should contact an experienced attorney immediately.  At Villani & DeLuca we are experienced in DWI defense and can help you prepare for your case before the Asbury Park Municipal Court.  Call us today at 732-965-3350 for a free consultation.

First-Time Drug Possession Charge in Asbury Park, NJ

The charge of drug possession involves the act of purposely or knowingly possessing an illegal drug classified as a controlled dangerous substance (CDS) or a controlled substance analog in New Jersey.  A “controlled substance analog” is a substance which has a chemical structure substantially similar to that of a controlled dangerous substance and was specifically designed to produce an effect substantially similar to that of a controlled substance.  To obtain a guilty verdict for a drug possession charge in New Jersey, the prosecutor is required to prove beyond a reasonable doubt that the defendant possessed or obtained a controlled dangerous substance or controlled substance analog in a knowing or purposeful manner.

If it is your first drug-related charge in New Jersey, you may be eligible for a conditional discharge.  A conditional discharge is a diversionary program that allows a first-time drug offender to avoid a drug conviction on his or her criminal record.  If a conditional discharge is granted, you agree to receive supervisory treatment in exchange for a suspension of your drug charge.  The court determines the amount of time that you are subject to supervisory treatment based on the specific facts of your case.

In determining whether a first time drug offender may seek a conditional discharge, the court considers several factors including whether the defendant poses a danger to the community and whether the supervisory treatment would be sufficient to correct the defendant’s dependence on or use of the controlled substance.  If you have been charged with your first drug-related offense, contact the experienced attorneys at Villani & DeLuca for a free consultation today.

Reporting Domestic Violence in NJ

When a law enforcement officer responds to a domestic violence call, he or she must provide the victim with assistance to file a criminal complaint or temporary restraining order (TRO).  A victim may file a complaint and apply for a TRO to keep the alleged abuser from the locations where the alleged domestic violence occurred, where the victim or alleged abuser resides, or where the victim is residing temporarily.  A victim of domestic violence must have access to the courts at all times and should never be turned away because of the inconvenience of arranging off-hours emergency relief.  If you have been the victim of domestic violence, the Asbury Park family law attorneys at Villani & DeLuca can assist you in taking the necessary steps to file a complaint and obtain a TRO.

Experienced Asbury Park Attorneys

The law firm of Villani & DeLuca represents clients throughout the Jersey Shore area.  Our attorneys have a wide range of experience in the practice areas of criminal defense, family law and DWI.  If you need an attorney to assist you in any of these practice areas, you should contact an experienced Asbury Park attorney at Villani & DeLuca by calling 732-965-3350 today.