Jersey DWI & Criminal Defense Law Blog : New Jersey Criminal Lawyer & Attorney : Thomas Martin Law Firm : DUI/DWI, Drug Possession, Felony : Freehold, Monmouth County, New Jersey

(1) one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;

(2) the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;

(3) the underage person was the first person to make the 9-1-1 report; and

(4) the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene. The underage person who received medical assistance also shall [also] be immune from prosecution under NJSA 2C:33-15..

The change was implemented to remove the chilling effect and catch 22 for juveniles and young adults who want to get help for their peers, but fear legal consequences for drinking under the age. Many towns, Ocean Township by way of example, have their own municipal ordinances and or borough ordinances regulating this conduct. A Municipal ordinance can be punishable by a maximum of up to ninety days in jail and a $2000.00 fine. The real issue will be whether these state  immunities will apply to these lesser township offenses. I would argue that the town is bound by the statute; time will tell.

In this case, the juvenile was stopped for a curfew violation and when the police searched him pursuant to the search incident to arrest exception  to the warrant requirement, they found a stolen wallet. The juveniles were found walking on the street at 2:00 a.m. and the town's curfew was 11:00 p.m. Clearly the juveniles were in violation of the ordinance. Therefore, the Court held that the juveniles could be arrested under the authority of N.J.S.A. 2A:4A-31(b)(2). This statute authorizes a law enforcement officer to take a juvenile into "short-term custody" if he "has reasonable grounds to believe the juvenile has left the home and care of his parents or guardian without the consent of such persons." 

The next question, which will not be decided by this Court since it wasn't argued, is whether the State can Constitutionally impose curfews upon minors. My guess is that under the protection of minors, a State or United States Supreme Court would uphold that the state has a rational basis in imposing a curfew and thus it would be deemed Constitutional.

"the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system."  N.J.S.A. 2C:52-1(a)

What Documents Would Be Isolated or Extracted?

Typically, the records that would be expunged include warrants, arrests, commitments, processing records, complaints, fingerprints, photographs (mug shots), index cards, "rap sheets" and judicial docket records. N.J.S.A. 2C:52-1(b).

What Is The Effect of An Expungement?

With certain limited exceptions, "if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the Petitioner (person who sought the Expungement) may answer any questions related to their occurence accordingly." N.J.S.A. 2C:52-27

How Long Do I Have To Wait Before I Can Have My Record Expunged?

Depending upon what you are trying to expunge, you must wait certain statutorily mandated time periods before you can move for the expungement.. They are as follows:

Crime:    Ten (10) years since your conviction or when your sentence was completed; whichever is later. For example, if  you were sentenced to two years probation for a crime, you would have to wait twelve (12) years for the expungment (two (2) years of probation would complete your sentence + the ten (10) year waiting period).

Disorderly Persons & Petty Disorderly Persons Offenses: Five (5) years since your conviction or whenever your sentence was completed; whichever is greater.

Municipal Ordinance Violation: Two (2) years since your conviction or whenever your sentence was completed; whichever is greater.

Arrests Not Resulting in Conviction:

     If P.T.I., six (6) months after the dismissal;

     If a Condtional Discharge, six (6) months after the dismissal;

     Lastly, any person who has been arrested for a crime, disorderly persons offense or petty disorderly offense, or municipal ordinance violation, and who was discharged without a conviction; may apply for an expungement at any point following the resolution of the proceedings. N.J.S.A. 2C:52-6(2).