New Jersey Criminal Defense Journal : New Jersey Criminal Defense Lawyer & Attorney : Travis Tormey of Alexander M. Iler Law Firm : Monmouth County NJ DWI & Drunk Driving Defense

The Iler Law Firm has been retained to represent the defendant charged with disorderly conduct in the famous "Fireman Ed" incident which occurred at the Giants/Jets Preseason game last week. For information on the story, please see the article entitled, "New York Jets Superfan, Fireman Ed Shows His Angry Side". Also, a video of the footage can be found on youtube.

Our client eagerly awaits his day in court. As the video footage clearly shows, our client did nothing wrong and was in fact assaulted several times by Fireman Ed. We'll see how this case turns out.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Iler Law Firm is pleased to announce that Ron A. Venturi, Esq. has joined the firm. Mr. Venturi is a former Municipal Court Judge in Irvington and Newark and is currently the head Municipal Prosecutor in Hoboken, New Jersey. He also currently serves as the Municipal Public Defender in Irvington.

Mr. Venturi graduated from Seton Hall University School of Law in 1986 and is a former member of the Supreme Court of New Jersey, Municipal Court Committee. He is also an active member in the Essex County, Monmouth County, and Ocean County Bar Associations. Mr. Venturi's practice centers on criminal defense and prosecution and he would be happy to answer any questions at (732)842-7787.

The Iler Law Firm now has two former Municipal Court judges on staff with Alexander B. Iler and Ron A. Venturi. Their wealth of knowledge in the criminal arena is a major asset for the firm.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A 46-year old Farmingdale man has been charged with leaving the scene of a fatal accident and causing the death of a person while driving with a suspended driver's license. According to the the Asbury Park Press article and the Monmouth County Prosecutor's Office, the defendant was driving an ice cream truck in Wall Township last year when he ran over a man who had fallen down in the road. The defendant denies these charges and will enter a not guilty plea at his arraignment. The allegations are that the defendant left the scene of the accident and failed to report the accident but he was identified as the driver of the vehicle by witnesses. The defendant is free on $250,000.00 bail and faces up to ten (10) years in prison if convicted of these charges.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Two men were arrested in Ocean Township Saturday following a motor vehicle stop. Police stopped the vehicle based on a cracked front windshield and found the driver of the vehicle to be in possession of several small bags of crack cocaine and a crack pipe. The passenger was also charged as he was allegedly trying to conceal a small bag which contained crack cocaine and heroin. Both defendants were arrested and charged with drug possession based on this motor vehicle stop. For additional information, see the Asbury Park Press article entitled, "Two arrested on drug charges after Ocean Township traffic stop".

Charges for possession of cocaine are governed by NJSA 2C:25-10 which provides in pertinent part:

§ 2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226. Any person who violates this section with respect to:

(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 35,000.00 may be imposed;

As the above statute enumerates, charges for simple possession of cocaine are typically third degree offenses. Thus, this is an indictable criminal charge and will be handled at the county level. Further, there are enhanced penalties if you were charged in a school zone or near a public housing facility or park. Moreover, if you are found to be in possession of a substantial amount or "weight" of cocaine, you could be facing a second degree offense as well as possession of cocaine with intent to distribute.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Police arrested an Eatontown man Tuesday in connection with the robbery of four (4) gas stations in three towns over a five day period. According to the Asbury Park Press article, "Michael Mazza, 36, of Livingston Court, was charged Tuesday with four counts of robbery, possession of a controlled dangerous substance, possession of drug paraphernalia, purposely causing bodily injury, two counts of possession of a weapon and criminal attempt to commit robbery." The defendant was charged with robbing gas stations in West Long Branch, Eatontown, and Ocean Township in very similar scenarios in which he allegedly threatened attendants and took off with approximately $200 to $300 each incident. The defendant is being held at the Monmouth County Jail in Freehold, New Jersey on $130,000 bail.

The statute governing robbery charges in New Jersey is N.J.S.A. 2C:15-1 which provides in pertinent part:

§ 2C:15-1. Robbery

a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:

(1) Inflicts bodily injury or uses force upon another; or

(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or

(3) Commits or threatens immediately to commit any crime of the first or second degree.

An act shall be deemed to be included in the phrase "in the course of committing a theft" if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.

b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Monmouth County Superior Court Judge Ira E. Kreizman set a $3 million bail for a Holmdel man whose murder conviction was recently overturned by the Appellate Division. The defendant was convicted of murdering his wife, whose body was found inside her vehicle in a remote area of the PNC Bank Arts Center in 2005. The Appellate Division overturned this conviction earlier this week based on the improper admission of hearsay statements of the victim. For additional information, see the Asbury Park Press article entitled "$3M bail for Holmdel man with overturned murder conviction."

It is very common to see mistakes made and improperly admitted evidence when it comes to hearsay. The definition of hearsay is "an out of court statement offered for the truth of the matter asserted". For example, if I testify in court that actor A told me he was going to the gym at 5 to prove that he went to the gym at 5, this is a hearsay statement. I am offering the statement which was previously made to me to prove the truth of the statement. In this case, the judge allowed the State to offer previously made statements of the victim that she intended to end her marriage to prove that she intended to end her marriage (thus giving her husband motive to kill her). This is classic hearsay and should not have been admitted. Moreover, hearsay can be admitted in certain situations if one of the hearsay exceptions apply. For example, admissions of a party is an exception to the hearsay rule. Thus, if I am a defendant in a criminal case for assault and I told the police previously that I punched the victim in the eye, this is hearsay but would be admissible based on the "admission of a party" exception to the hearsay rule. Here, the State argued that the "state of mind" exception to the hearsay rule applied to show the state of mind of the victim in that she intended to leave her husband and end the marriage. However, this exception did not apply and should not have been used because the state of mind of the victim was not a point at issue and was irrelevant to the case. The hearsay statement was being offered not to show the state of mind of the victim but instead to show that the statement was true and that her husband had a motive to murder her. Thus, the Appellate Division overruled the conviction and the case may go to trial again if it does not result in a plea agreement.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Monmouth County Prosecutor's Office dismissed a murder charge against a nurse who previously worked at the Jersey Shore Medical Center. The woman was previously charged with murdering a 72-year-old patient by giving him an an unprescribed paralytic medication that would "make him comfortable" since his situation was terminal. Now, Superior Court Judge Francis J. Vernoia, at the request of the Monmouth County Prosecutor's Office, dismissed the murder indictment as the state would not have been able to prove the charges beyond a reasonable doubt.

If the defendant had been convicted at trial, she was facing thirty (30) years to life in prison. However, she refused to take a plea offer in February to assault which would have resulted in a probationary sentence. This shows tremendous resolve on the part of the defendant as she was willing to risk significant jail time to prove her innocence. For additional information on this case, see the Asbury Park Press article entitled, "Jersey Shore nurse Lorie Hentges: Murder charge dismissed".

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

The Iler Law Firm has been retained to represent a client charged with an alleged fraudulent check cashing scheme in Somerville, Bridgewater, Hillsborough, Raritan, and Green Brook. For additional information, see the article on NJ.com entitled "Middlesex man charged for cashing fake checks at TD Bank branches in Somerville, Bridgewater, Hillsborough, Raritan, Green Brook".

In New Jersey, N.J.S.A. 2C:21-5 governs bad check offenses and provides in pertinent part:

§ 2C:21-5. Bad checks

A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if:

a. The issuer had no account with the drawee at the time the check or order was issued; or

b. Payment was refused by the drawee for lack of funds, or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer's last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.

c. An offense under this section is:

(1) a crime of the second degree if the check or money order is $ 75,000.00 or more;

(2) a crime of the third degree if the check or money order is $ 1,000.00 or more but is less than $ 75,000.00;

(3) a crime of the fourth degree if the check or money order is $ 200.00 or more but is less than $ 1,000.00;

(4) a disorderly persons offense if the check or money order is less than $ 200.00.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A very bizarre story in the Asbury Park Press this morning. Two men have been charged with robbery and sexual assault after allegedly robbing a man at knifepoint and sexually assaulting him. The robbery and assault allegedly occurred earlier this month at a motel on Route 9. According to the article, two men held the motel guest down (another man) at knifepoint, threatened to kill him, stole $1,200.00 in cash, a cell phone and a wallet from the man, and sexually assaulted him. The defendants are charged with conspiracy, robbery, aggravated sexual assault, criminal restraint, terroristic threats, and illegal weapons possession. They are both being held at the Ocean County Jail in Toms River, New Jersey with bail amounts of $500,000 and $230,000 respectively.

It is very rare to see a robbery and a sexual assault committed by two men on another man. These charges are obviously extremely serious as you can see from the high bail amounts and both defendants are facing many years in jail if convicted of these crimes.

• Email This
• Print
• Comments
• Trackbacks
• Share Link