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\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tExperienced New Jersey Red Flag Law Attorney - NJ Red Flag Law Lawyer
\t\t\t\tThe Constitution of the United States gives individuals the right to bear arms under the Second Amendment. But, in matters involving known dangerous individuals, the court and the law have ways of removing guns from their possession if they pose an imminent danger to themselves or another person.\u00a0
Given the recent attention to gun violence and widespread calls for further protection from dangerous individuals, many states have implemented what is called \u201cred flag laws\u201d empowering law enforcement agencies to more easily confiscate firearms from those who have been deemed \u201cdangerous.\u201d As of September 1, 2019, New Jersey enacted red flag laws of its own.\u00a0
If you have been the subject of an emergency protective order under New Jersey\u2019s Extreme Risk Protective Order Act, our team of New Jersey criminal defense lawyers at Rocco Law Offices can help you understand and defend your rights under the law. While the initial order of protection against you may be temporary, unless you can convince the court that it was not justified, the final order can linger indefinitely. We can help you make your case before the court and ensure that your rights to bear a firearm are not taken from you.
\t\t\t\t\t\t\t\tCall a New Jersey red flag lawyer\u00a0today at (201) 880-5311 to schedule a consultation.
\t\t\t\t\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/adam-pic2.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tThe Controversial Nature of New Jersey Red Flag Laws
\t\t\t\tWhile the issue of gun ownership is a thorny one with two distinct sides and perspectives, the red flag laws have also been met with controversy on both sides of the coin.\u00a0
Since they were originally enacted, many civil rights and gun advocacy groups alike have regarded these laws as a potential violation of due process rights, not allowing the subject of a protective order the ability to argue their case in court prior to gun confiscation. While these orders can protect innocent individuals in very dangerous circumstances, in some cases, subjects of these orders of protection find that the law has been used against them unjustly.
To defend yourself against these emergency protective orders,\u00a0 you must be able to offer extensive evidence and testimony to prove that you are not a danger and to convince the court that the emergency order was not justified. This is when it is critical to have the skilled legal representation of an experienced New Jersey attorney to represent your interests and your rights to continue owning a firearm.\u00a0
At the Rocco Law Offices, our skilled legal defense team of experienced red flag law attorneys can help determine the best approach to defend you against an ERPO by reviewing the evidence introduced to support the order and offering evidence to refute or counter it. Nobody should face this alone without skilled legal assistance. Let us help.
A skilled New Jersey attorney can help you deal with gun violence or gun-related charges.
\t\t\t\t\t\t\t\tContact our offices to schedule a free initial consultation
\t\t\t\t\t\t\t\tWhat Are the Intentions of New Jersey Red Flag Laws?
\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2023/05/New-Jersey-red-flag-law-lawyer.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tNew Jersey Red Flag laws provide a legal framework to temporarily disarm individuals of firearms, thereby theoretically protecting individuals from violent acts before they happen. These emergency orders of protection were developed to enable the court to more easily confiscate or prevent the use of a firearm if there was sufficient evidence that an individual was an imminent threat of harming themselves or others.
An emergency order of protection in New Jersey can be issued against an individual even if they own a firearm legally and have committed no weapons crime. A temporary order is issued until the case can be heard by the court, where a final order is determined.
As a New Jersey defense lawyer, Attorney Rocco has experience handling various cases, including those involving firearms enforcement, affirmative firearms, and red flag cases in New Jersey. He has helped many clients who have been prohibited from purchasing firearms due to criminal charges or other legal issues.
If you are a respondent in a red flag case, it is important to have an experienced attorney on your side. Attorney Rocco can help you navigate the legal system and ensure that your rights are protected. He can also help you respond to any agency or school inquiries regarding your firearms license or ownership.\u00a0
| Intentions of New Jersey’s Red Flag Laws | Description |
|---|---|
| Confiscate firearms from perceived high-risk individuals | Red flag laws aim to provide a legal framework for the court to confiscate firearms from individuals who are deemed high-risk or an imminent threat to themselves or others. This measure is intended to prevent potential violent acts before they occur. |
| Enable the court to issue emergency orders of protection | The laws enable the court to issue emergency orders of protection, allowing for the temporary confiscation or prevention of firearm use if there is sufficient evidence indicating that an individual poses a threat to themselves or others. These orders can be issued even if the individual legally owns firearms and has not committed any weapons crimes. |
| Determine final orders through court proceedings | A temporary order is initially issued, and the case is subsequently heard by the court to determine whether a final order is necessary. The court evaluates the evidence and assesses the level of risk posed by the individual. The final order can lead to continued firearm confiscation or the restoration of firearm rights, depending on the court’s findings. |
If you need to speak to an experienced New Jersey attorney for gun charges, call us today at (201) 880-5311.
\t\t\t\t\t\t\t\tWe have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
\t\t\t\t\t\t\t\tCriminal Attorney Explains New Jersey\u2019s Red Flag Law
\t\t\t\tUnder the Extreme Risk Protective Order Act, New Jersey\u2019s red flag law enables household members, family members, police officers, or other parties to petition the court to remove firearms from an individual who they believe is a threat to themselves or others. This order can temporarily prevent someone in New Jersey from possessing or purchasing a firearm or ammunition if there is sufficient evidence that they may be a danger.\u00a0
Under New Jersey\u2019s red flag law, the power of the court to confiscate firearms has been greatly expanded. Law enforcement can now more easily obtain an order to temporarily remove an individual\u2019s firearm or the right to own a firearm when:
The court has been presented with evidence or testimony that provides a basis for confiscation.
After careful evaluation of the evidence, the judge rules that the gun owner may be a risk to himself, herself, or others.
While the purpose of this legislation is to protect potential victims, it can also be used unfairly against the subject of the order or without sufficient evidence of a dangerous threat.
If you are facing charges related to guns or gun violence in New Jersey, Attorney Rocco can help. He has experience in handling a variety of gun cases in New Jersey and can help you understand the charges against you. He can also help you develop a defense strategy that is tailored to your specific case.\u00a0
To learn more about how Attorney Rocco can help you with your legal needs in New Jersey, contact Rocco Law Offices today.
\t\t\t\t\t\t\t\tLearn Also About
\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tHow An ERPO Works\n\t\t\t\t\t
\n\n\t\t\t\t\tSimilar to orders of protection under the Prevention of Domestic Violence Act in NJ, an extreme risk order of protection will be issued ex parte, or before the subject has an opportunity to be heard or to respond. The subject may not even know there is an order against them until the police force shows up at their door to confiscate their weapons.\u00a0
Firearms in New Jersey may be immediately confiscated under an ERPO, requiring the subject to petition the court for its termination and present his or her own evidence. But the court takes these matters very seriously. It can be reluctant to return firearms to an individual if they feel there is any validity to the dangers expressed in the petition.\u00a0
Unfortunately, the subject of an extreme risk order of protection may find it difficult to effectively convey to the court that they are not a danger. In many cases, they often make things worse for themselves. It is essential for the subject of an ERPO to have a skilled New Jersey lawyer in their corner to help convince the court that they are not a danger. If you have been the subject of an ERPO, let us help. The experienced New Jersey criminal defense lawyers at Rocco Law Offices can skillfully negotiate with the prosecution on your behalf and work to get your rights and firearms restored after the issuance of an ERPO.
To schedule a consultation with a skilled New Jersey attorney at the Rocco Law Offices, call us at (201) 880-5311.
\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tWho Can Petition for an ERPO in New Jersey?\n\t\t\t\t\t
\n\n\t\t\t\t\tIn New Jersey, family members, household members, and police officers are qualified to seek an ERPO against an individual.
Qualified individuals are defined by the same criteria that are used for restraining orders in domestic violence situations, including:
- A current spouse
- A former spouse
- Any individual who has been in an intimate relationship with the defendant
- Any person who has a child in common or is pregnant with a child in common with the defendant
- A current or former household member of the defendant
In addition to these individuals, law enforcement and some third parties may have concerns about the safety of an individual. A licensed mental health provider may contact police officers to report a safety concern under their professional duty to warn. If the court believes that the individual does pose an imminent danger to themselves or others, they may issue an ERPO.
What Evidence Must Be Provided to the Court For a Temporary Extreme Risk Protective Order to Be Issued?
\t\t\t\tBefore the court issues an ERPO, the petitioner must include a sworn affidavit outlining the evidence of the alleged extreme risk. The petitioner must also, if possible, note the nature and location of any firearms.\u00a0
Based on the petition and relevant evidence, the court will determine whether a temporary order is necessary to ensure the safety of the petitioner, the public, or the individual themselves.
They will consider many factors as outlined in N.J.S.A.2C:58-23(f) when making this decision, including:
\t\t\t\t\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tHow recently the firearm or ammunition was acquired\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject has any history of threats or acts of violence toward others or him or herself\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject has any history of use or attempted or threatened use of physical force against another individual\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether there has been any temporary or final restraining order against the subject under the Prevention of Domestic Violence Act of 1991\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether there has been any temporary or final protective order of violation under the Sexual Assault Survivor Protection Act of 2015\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject has any prior arrests, pending charges, or convictions for a violent crime, disorderly person offense, stalking offense, or domestic violence offense\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject has any prior arrests, pending charges, convictions, or prior history involving cruelty to animals\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject has a history of alcohol or drug abuse\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
Furthermore, the courts have added seven more factors that the judge must consider before issuing a temporary order under the Guidelines for Extreme Risk Protective Orders. These are:
\t\t\t\t\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject has used, displayed, or brandished a firearm\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject was previously the subject of an ERPO\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject had previously violated an ERPO\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject had been involuntarily committed to a hospital or psychiatric facility\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject had previously or is currently receiving mental health treatment\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject had complied or failed to comply with mental health treatment\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tWhether the subject had received a mental health disorder diagnosis\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
A tenacious litigator who won\u2019t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
\t\t\t\t\t\t\t\tHow Are a Subject\u2019s Rights Affected Under an ERPO?
\t\t\t\tThe Temporary Extreme Risk Protective Order prohibits the subject of the order from:
\t\t\t\t\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tPossessing, controlling, owning, purchasing, or receiving any firearms or ammunition\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tSecuring or holding a firearm purchaser identification card, handgun permit under N.J.S.2C:58-3, or handgun permit under N.J.S.2C:58-4\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
The temporary order will also trigger the immediate surrender of any firearms or ammunition in the subject\u2019s control or possession, any Firearms Purchaser Identification Card, or permit to purchase or carry a handgun. Once a temporary order is issued, police officers may confiscate firearms and ammunition and prevent the subject from purchasing new ones.\u00a0
The court in New Jersey will hold a hearing on a later date to hear the merits of the case in greater detail. At that point, the judge will issue a final order that may or may not restore the subject\u2019s access to firearms.
\t\t\t\t\t\t\t\tWhat is the Electronic Database for ERPOs?
\t\t\t\tThe Administrative Office of the Courts in New Jersey maintains an electronic central registry that houses the records of individuals affected by final Extreme Risk Protective Orders (ERPOs) or those charged with violating temporary or final ERPOs. These records are treated with the utmost confidentiality and are exclusively accessible to law enforcement agencies engaged in the investigation of crimes, offenses, and domestic violence incidents, as well as conducting background checks for firearms purchaser identification cards, handgun purchase permits, or positions in law enforcement. Additionally, access to the registry is granted for any other lawful purpose authorized by the State of New Jersey’s Supreme Court.
To protect the privacy of respondents, the registry ensures that their personal information, except for data concerning temporary or final order violations, remains confidential. Once an extreme risk protective order has been terminated, the registry promptly removes the respondent’s information, unless there are relevant violation records that need to be retained.
In situations where an individual in New Jersey is subject to an ERPO or faces allegations of violating such an order, a New Jersey red flag lawyer can provide invaluable assistance. At Rocco Law Offices LLC, our team of New Jersey red flag attorneys may be able to help ensure that you\u2019ll receive fair treatment throughout the proceedings.
Call us today at (201) 880-5311 to schedule a consultation.
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\r\nred flag laws\r\nfirearm\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\nred flag\r\nattorney\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\nred flag\r\nattorney\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\nred flag\r\nattorney\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\nred flag\r\nattorney\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\nred flag\r\nattorney\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\nred flag\r\nattorney\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\nred flag\r\nattorney\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\nred flag\r\nattorney\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\nred flag\r\nattorney\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\nred flag\r\nattorney\r\nfirearms\r\nred flag law\r\nred flag laws\r\nfirearm\r\ngun violence restraining order\r\ngun violence restraining orders\r\n\r\n\r\n\r\n\r\nred flag\r\nred flag law\r\nred flag\r\nred flag\r\nred flag law\r\nred flag\r\nred flag law\r\nred flag\r\nred flag law\r\nred flag\r\nred flag law\r\nred flag\r\nred flag law\r\nred flag\r\nred flag law\r\nred flag\r\nred flag law\r\nred flag\r\nred flag law\r\nred flag\r\nred flag law\r\n\r\n\r\n\r\nred flag\r\nred flag law\r\nred flag laws\r\nred flag legislation\r\nred flags rule\r\n\r\n\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tHow Do You Prove That You Are Not Dangerous With a Skilled Lawyer?\n\t\t\t\t\t
\n\t\t\t\t\tAt any point after the temporary ERPO is granted in New Jersey, the subject can petition the court with evidence that they do not pose a threat. However, this can be a complicated matter.\u00a0
Going before the court requires well\u2013prepared evidence that will convince the judge that you are not dangerous and that the ERPO was not justified. However, pleading your case before the court on your own is never advisable, particularly in cases involving an ERPO. If you are facing an\u00a0 Extreme Risk Protective Order in New Jersey, you need the skilled help of an experienced New Jersey attorney who understands the laws and what the court will want to see.
Attorney and our team of skilled lawyers at Rocco Law Offices have spent our careers defending the rights of our clients. We understand New Jersey red flag laws and advocate diligently for your rights and to have the order lifted and restored legal access to your firearms and ammunition.
Talking to an experienced New Jersey Attorney can help you with gun-related charges, call us today at (201) 880-5311.
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tThe Downside of the Red Flag Law\n\t\t\t\t\t
\n\t\t\t\t\tWhile we all can agree that dangerous people should not be in possession of firearms, red flag laws can lack clarity and petitions can often be brought against an individual with very ambiguous evidence. Although New Jersey\u2019s red flag laws have been crafted to limit petitioners, the definitions of who can file a petition are still very broad.
New Jersey Red Flag laws have been modeled after domestic violence restraining orders. Although most petitioners of Extreme Risk Protective Orders do so for good reasons, there may be matters of false accusations that can have serious consequences.\u00a0
Furthermore, New Jersey red flag laws have been notoriously vague in their definition of \u201csignificant danger.\u201d Innocent individuals may find that having an ERPO issued against them can have a serious impact on their reputation and future and may further implicate them in the future because of a perceived violent tendency.
To speak with an experienced New Jersey lawyer about your gun case, contact Rocco Law Office today.
Can You Prevent an ERPO?
\t\t\t\tA petition will be reviewed by the court on an ex parte basis, meaning only the petitioner is heard on the application and, if they find sufficient evidence, an ERPO will be issued. Because these protective orders are issued under emergent situations, there is no attempt to contact the subject or hold a hearing until after the temporary order is issued.\u00a0
There is little an individual can do to prevent the court from issuing a Temporary Extreme Risk Protective Order. Because there is no way for the court to understand the subject\u2019s side of the story, or to consider evidence that may refute the allegations, the lack of due process is regarded as one of the main problems with these orders.
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\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tGetting the Immediate Legal Assistance of a Skilled Criminal Defense Attorney
\t\t\t\tYou may have been served notice of an Extreme Risk Protective Order without understanding why or even knowing it. But, once it has been issued, law enforcement has the right to seize your firearms, ammunition, and any licenses or permits you may have. While the court will schedule a hearing where you may present your own defense, the order of protection will become final if the court issues a verdict against you.
If you have found yourself the subject of a Temporary Extreme Risk Protective Order in New Jersey, getting ahead of the matter and helping ensure your best success when defending yourself in court is critical. This requires the assistance of a red flag law attorney with a comprehensive understanding of the laws and a proven ability to protect your rights under the circumstances.
At the Rocco Law Offices, attorney and our experienced team of New Jersey attorneys understand New Jersey\u2019s red flag law and what it takes to represent your rights to firearms ownership.
In addition to his work in red flag cases, Attorney Rocco also handles other criminal defense cases. He has a deep understanding of New Jersey law and can help you navigate the legal system.\u00a0
\t\t\t\t\t\t\t\tCall us at (201) 880-5311 or contact us via our online contact form to schedule a free initial consultation. Let us help you get your rights restored under the law.
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