Charged with Burglarizing a Car in Monmouth County
Over the years the number of car burglaries cases have certainly been on the rise in Monmouth County. More affluent towns like Holmdel, Rumson, Colts Neck, Spring Lake, Little Silver, Fair Haven, Middletown and Sea Girt seem to be the main target areas. In the vast majority of these cases, the suspects are burglarizing the vehicles that are left unlocked and in some instances with the key fob still located inside. Although this may seem like a mitigating factor, especially when compared to a situation where an individual breaks in the front door of a home and burglarizes it but under the color of the law, this still goes down as a burglary and it is treated the same. Burglary is a very serious indictable offenses in New Jersey and unfortunately, more often than not, an individual charged with burglary also finds themselves being charged with theft of movable property, criminal trespassing, receiving stolen property, unlawful possession of a weapon, possession of burglary tools and criminal mischief. As you will see below, a burglary conviction could subject an individual to a lengthy term of incarceration.
Need to Consult with a Local Holmdel Lawyer for Car Burglary Case
Being charged with a serious felony offense like car burglary is not something to take lightly. The potential ramifications can be absolutely crippling. If you or a loved one has been charged with burglary in Monmouth County, in towns like Howell, Asbury Park, Long Branch, Belmar, Manasquan, Atlantic Highlands, Red Bank, Freehold or Manalapan, we can help. The Law Offices of Proetta & Oliver is a Monmouth County based criminal defense firm, comprised of attorneys who have dedicated their careers to defending those accused of serious indictable offenses. If you would like to come into our office and speak to one of our attorneys one on one about your options, then please call us at 732.858.6959. We are well aware of the serious consequences that follow a car burglary conviction, as such we are dedicated to aggressively challenge the evidence in order to obtain a desirable outcome. Now here is some more information on car burglary charges in New Jersey.
What to Know About a Car Burglary Charge in New Jersey
As mentioned above, New Jersey has not created a separate subsection that specifically deals with car burglaries as opposed to a traditional home invasion. Therefore, anyone alleged to have burglarized a car will be charged under the traditional burglary statute, which is NJSA 2C:18-2. Contrary to what most people think of when they hear of “burglary charges”, violence or threat there of is not a required element. In order to be convicted of a car burglary in New Jersey, the prosecution must prove that with the intent to commit an offense therein, the Defendant entered a motor vehicle knowing they weren’t authorized to do so. The “intent to commit an offense therein” traditional refers to a theft under this scenario. However, it is not required that the offense therein be a theft, it can be any offense including criminal mischief. It is important to note here that the underlying offense does not need to be committed but simply that it was their intent to do so.
What is the Bail on Car Burglary Case in Monmouth County
The way that bail is obtained in New Jersey forever changed in 2017. We now use what is referred to as a risk assessment. In other words, a loved one can not just show up at the precinct and post cash to secure the individual’s release. If the police decide to charge the individual accused of burglarizing on a Complaint-Warrant, then bail reform would apply. That means that the individual must be taken to the Monmouth County Jail for at least 24 to 48 hours so that pretrial services can conduct their risk assessment. That risk assessment will be used by the Monmouth County Prosecutor’s office to determine whether or not they will agree to release the individual on bail at their Central Judicial Processing Hearing or whether they will move for detention. If they decide to move for detention that means that they will be hoping to convince a Judge that the individual must be detained, without bail, pending trial. In order to do so, a formal hearing must be conducted. At that hearing the Judge will listen to arguments from both the prosecution and defense counsel and will then make a decision on whether grant the individual bail. For more information on what occurs at Detention Hearings in New Jersey, please click the link.
What is the Sentence for Car Burglary in New Jersey
Car burglary is considered a third degree indictable offense in New Jersey, which is our version of a felony. If convicted, a Defendant faces anywhere from three to five years in a State Prison and a fine not to exceed $15,000. If the Defendant to be sentenced has no prior criminal history than they would obtain the presumption against incarceration. However, that presumption can be overcome and it only applies to State Prison as opposed to County Jail, which could be up to 364 days.
Is Pretrial Intervention an Option on a Car Burglary Charge in Freehold?
Depending the facts of the case, a Defendant could be eligible for the Pretrial Intervention Program (PTI), which is a diversionary program in New Jersey. If the Defendant completes PTI without violating any of the terms of the program the charges will be dismissed outright. That means that the Defendant will not only serve a day in jail but they wont be scarred with a criminal record as well. For more information on the Pretrial Intervention Program in Monmouth County, please click the link.
Car Burglary Defense Lawyers in Red Bank NJ
If you have been charged with a serious felony offense like car burglary we strongly urge that you contact an experienced criminal defense attorney as soon as possible. Understanding the charges, the applicable penalties and potential defenses is crucial. If you would like to speak to one of the Monmouth County criminal defense attorneys at Proetta & Oliver about your options, then please contact us directly at 732.858.6959 or you can try contacting online. We serve all of Monmouth County, including towns like Hazlet, Keyport, Marlboro, Tinton Falls, Eatontown, Ocean Township, West Long Branch, Asbury Park and Freehold. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.