New Jersey Legislature Enhances Drug Offender Restraining Order Act
The New Jersey legislature has modified the Drug Offender Restraining Order Act to make it easier for police to obtain restraining orders against individuals who have been charged with a drug crime.

April 01, 2011 /24-7PressRelease/ -- The New Jersey Senate recently passed without opposition a drug crimes bill that also received unanimous approval in the state Assembly last fall. The new legislation modifies the Drug Offender Restraining Order Act to make it easier for police to obtain restraining orders against individuals who have been charged with a crime and released without being detained. The bill awaits the governor's likely approval.

The basic goal of the act is to prevent suspects from returning to the area where the alleged crime occurred, and the obvious target is street crimes involving drug possession and distribution. New Jersey criminal statutes already allow for the imposition of restraining orders against persons released on bail or personal recognizance who were arrested for unlawful drug activity or related weapons charges. But the amendments would allow law enforcement to apply for a civil restraining order via "radio, telephone or other means of electronic communications."

A drug crime restraining order can include "any premises, residence, business establishment, location or specified area including all buildings and all appurtenant land, in which or at which a criminal offense occurred or is alleged to have occurred or is affected by the criminal offense with which the person is charged." While the order can include a 500-foot buffer, a person cannot be excluded from public transportation lines or limited access highways that pass through the area.

Aggressive Protection of Liberty From a New Jersey Criminal Defense Lawyer

The ability of police to restrict an individual's liberty prior to a drug court date, plea or any semblance of due process is just one more argument in favor of enlisting an experienced New Jersey drug crimes attorney. Charges involving marijuana, cocaine, prescription drugs, methamphetamines or other controlled substances too often involve a rush to judgment or unconstitutional searches by laws enforcement.

By speaking as soon as possible with a lawyer who understands New Jersey drug laws, you can learn about Pre-Trial Intervention (PTI), conditional discharge and other diversionary programs. Just as important, an attorney can explain your prospects for reduction or dismissal of charges, and share the potential consequences under New Jersey's sentencing guidelines (Brimage guidelines) if you choose to fight the drug crimes charges outright.

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