Underwood & Micklin, LLC, regularly handles criminal matters. We have also handled high profile criminal matters. John Underwood, Esq., has appeared on national television programs including the John Wash Show, Inside Edition, Court TV, and CNN, as well as all the local news stations. We have also been featured in the Courier Post, Burlington County Times, Atlantic City Press, Philadelphia City Paper, and Philadelphia Inquirer.

We aggressively defend our client's interests and handle all Major Crimes, in both the Superior and Municipal Courts throughout South Jersey and Pennsylvania. We promptly return all calls, provide honest and straightforward answers, and spend the time necessary with our client's so that informed decisions on important issues may be made. We have a great deal of experience handling major and minor criminal matters, and are always available to answer questions.

We strongly recommend you do not attempt to represent yourself or speak with the police if you are the target of a criminal investigation without a lawyer being present. Police interrogation techniques have advanced to the point that innocent people have wrongfully confessed. Always have a lawyer present when you speak to any investigator. Please remember, that the Police may charge you criminally, but normally do not have final decision regarding the case, as that is usually rests with the prosecutor.

If you have been charged, with a crime, it is important that you contact our offices as quickly as possible. Every moment often counts. New Jersey has many diversionary programs, such as Conditional Discharges, I.S.P., Drug Court, non custodial probation, work release, and Pre-Trial Intervention (depending on the nature of the crime charged), all of which we can explain to you.
Here is a breakdown of cases we regularly handle:
•  Drug Offenses, including Possession, Distribution, and School Zone Cases.
 
Both at the Municipal and Superior Court level. Often first offense possession cases can qualify for a diversionary program such as a Conditional Discharge which does not carry a criminal record
 
•  All major violent crimes including: Assault, Aggravated Assault, Terroristic    Threats and Weapons Offenses.
 
ALL CRIMINAL MATTERS, INCLUDING, ASSAULT, AGGRAVATED ASSAULT, ALL SEXUAL OFFENSES, RAPE, KIDNAPPING, MURDER, ROBBERY, PROBATION VIOLATIONS, ENDANGERING WELFARE CHILDREN, MEGAN'S LAW ISSUES WEAPONS OFFENSES, TERRORISTIC THREATS, DOMESTIC VIOLENCE, AND POST CONVICTION/APPEALLATE ISSUES.
 
•  Expungement(s) of Criminal Record(s).
 
Disorderly persons offense can normally be expunged after five (5) years. Superior Court Third Degree matters and above require may be expunged after ten (10) years depending on the nature of the conviction. An expungement allows your criminal record to be erased thus alleviating many problems in acquiring future employment and credit.
 
•  Drinking & Driving or Refusal Matters.
 
The choice of an attorney is critical in this area as these are generally strict liability crimes which gives the State an easy case against you if not properly handled. One cannot plea bargain a DUI case in the State of New Jersey.

First offenses normally carry a minimum six (6) month loss of driver licenses. Second offenses carry a minimum two (2) year loss of drivers licenses. Third offenses carry a minimum ten (10) year loss of driver's license. These can also carry mandatory incarceration (jail time) depending on the nature and degree of the offense. The new standard blood alcohol level is now .08% (down from .10% due to recent changes in State Law). There is a substantial amount of case law which is helpful in successfully defending and obtaining not guilty findings in this area of law.

 
• Municipal Court Criminal and Traffic Matters.
 
We handle all Municipal Court Criminal and Traffic Matters and regularly appear in Municipal Courts throughout South Jersey. These cases include Drinking and Driving, Refusal, No Insurance, Suspended Drivers License, Careless or Reckless Driving, Speeding, and other traffic tickets. There is a wide range of penalties depending on the nature of the offense. Traffic Tickets can often be reduced to prevent surcharges and/or points from being accumulated. Allowing an attorney to represent you in a Municipal Court Traffic matter may save you from an increase in your car insurance costs. Often, drug possession, minor assaults, shoplifting, theft, and domestic matters are sent by the County Prosecutor (after C.J.P.) to be handled in the Municipal Court. Most Municipal Court matters we handle on a Flat Fee Basis.
 
 
•  Juvenile Criminal Matters.
 
We have a great deal of experience handling juveniles accused of serious and minor crimes. Under New Jersey Laws, juveniles over ages fourteen (14) accused of serious crimes may be waived to face the same charges as an adult, and faces adult time and penalties. We have successfully handled multiple juvenile criminal matters, including one matter which received significant international and national attention. It is very important that a juvenile be properly represented if there is any chance of successfully fighting a waiver matter. Cases which are not waived to adult Court are handled in the Superior Court - Family Part for disposition. The Juvenile System is generally meant to be rehabilitative while the Adult System focuses on punishment and jail time. Therefore, the waiver hearing is critical.
 
 
•  How We Charge.
 
Depending on the nature of the offense, we charge on an Hourly Rate or Flat Fee Charge. Most Municipal Matters are handled on a Flat Fee Charge, while most Superior Court Matters are billed on an Hourly Rate. We normally require a retainer up front. The amount of the retainer depends on the expected time involved to resolve your matter. We charge reasonable and fair rates and payment plans are normally available. We also accept major credit cards if you do not have the retainer available.
Back to Top
Here is a basic breakdown of penalties for new DUI offenses as of January 20, 2004:
DWI Penalties Under Revised Statute:
Pursuant to Federal Law Requirements, the State of New Jersey has changed the DUI laws to lower the Blood Alcohol limit to 0.08% from 0.10%. The following penalties now apply:
•  First Offense
Operating or allowing operation. .08% Blood Alcohol Level, but less than 0.10%, or under the influence of intoxicating liquor (observation)
Fine:   
 $250 to $400
IDRC:   
 12 to 48 hours
Jail:   
 up to 30 days
Loss of Drivers   
License:   
 3 months
Interlock:   
 Optional 6 months to 1 year
Operating at 0.10% or higher or under the influence of drugs (observation)
Fine:   
 $300 to $500
IDRC:   
 12 to 48 hours
Jail:   
 up to 30 days
Loss of Drivers   
License:   
 7 months to 1 year
Interlock:   
 Optional 6 months to 1 year
•  Second Offense
Operating at 0.8% or higher or under the influence of drugs (observation)
Fine:   
 $500 to $1000
IDRC:   
 48 hours (in lieu of 2 days Jail Requirement)
Jail:   
 2 to 90 days
Loss of Drivers   
License:   
 2 years
Interlock:   
 3 years or Registration Suspension of 2 years
•  Third Offense
Operating at 0.8% or higher or under the influence of drugs (observation)
Fine:   
Jail:   
Interlock:   
$1000
180 days (up to 90 days can be served through in patient programs approved by IDRC). Note: Jail cannot be served through IDRC, Community Service, of Work Release (SLAP)
1-3 years or Registration Suspension of 10 years
 
 
•  Mandatory Fines for ALL Cases:
Violent Crimes Compensation Board:   
 $50
Safe Neighborhoods Fund:   
 $75
DUI Enforcement Fund:  
 $100
DUI Surcharge:
 $100
**penalties listed above differ in regard to accidents, school zone DUI, and under twenty one (21)     years of age matters.
Call us Toll Free 1-877-580-2200 for a confidential and free consultation.
Back to Top
Underwood & Micklin