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

A Long Branch man plead guilty Monday to charges of aggravated manslaughter and armed robbery in Monmouth County Superior Court and faces up to 50 years in state prison as a result of the plea. The Defendant had his 2006 murder convicted overturned on appeal by the New Jersey Appellate Division based on several errors made by the trial court. According to the Asbury Park Press article, "Bruce D. Beacham Jr., 29, was found guilty of felony murder and aggravated manslaughter by a Monmouth County trial jury in the May 10, 2004 shooting death of 22-year-old Luis Gonzalez during an armed robbery of the man's Long Branch apartment." The Defendant admitted, as a factual basis for his guilty plea, that he and his co-consirator broke into the victim's apartment in search for drugs and money but were interrupted when the victim and his friends returned to the apartment. The Defendant was struggling with the victim when his gun fired and hit the victim in the head. Following the trial in 2006, the Defendant was sentenced to 40 years in State prison. As a result, it looks like although the appeal was successful and the case was remanded back to Monmouth County Superior Court for trial, the Defendant and his attorney decided to plead guilty rather than take the case to trial a second time.

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A Monmouth County Board of Freeholders created a panel this past week to study whether the Monmouth County Jail, located in Freehold, New Jersey, down the street from the Monmouth County Superior Court, should be privatized. Currently, the 1,328-bed facility is run by the State and is currently paid for by the county tax levy.

According to the Asbury Park Press article entitled "Panel formed to study privatizing county jail", there are currently no county jail systems in New Jersey run by private companies but Camden County is also considering privatizing their facility. According to the article, public employee union contracts for the 300 corrections officers are no longer sustainable. The Monmouth County Jail's payroll for last year was $36.5 million.

It appears that the corrections officers are not happy about this possibility of privatization. I can't blame them. From my experience, the Monmouth County Jail is run very well and is a highly functioning facility. I am at the jail on a weekly basis meeting with clients and I have never experienced any issues or problems with the jail. As you might expect, that is not always the case when it comes to jails. As a result, I think the jail should remain a publicly funded and run facility.

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In New Jersey, we have some of the most strict gun laws in the nation. In particular, the Graves Act , N.J.S.A. 2C:43-6, requires mandatory jail time and periods of parole ineligibility for certain gun offenses as well as for certain other offenses which were committed while in possession of a firearm. As a result, it is difficult to plea bargain many of these cases. This leads to more trials like the recent gun trial in Monmouth County in which we obtained a not guilty verdict from the jury.

Specifically, the Graves Act in New Jersey provides for mandatory imprisonment and parole ineligibility for certain crimes including:

• Sawed Off Shotgun Possession - N.J.S.A. 2C:39-3(b)
• Possession of a Defaced Firearm - N.J.S.A. 2C:39-3(d)
• Possession of a Firearm for an Unlawful Purpose - N.J.S.A. 2C:39-4(a)
• Unlawful Possession of a Machine Gun - N.J.S.A. 2C:39-5(a)
• Unlawful Possession of a Handgun - N.J.S.A. 2C:39-5(b)
• Unlawful Possession of a Rifle or Shotgun - N.J.S.A. 2C:39-5(c)
• Certain Persons Not to Have Weapons - N.J.S.A. 2C:39-7
• Manufacture, Transport of a Machine Gun - N.J.S.A. 2C:39-9(a)
• Manufacture, Transport of a Sawed Off Shotgun - N.J.S.A. 2C:39-9(b)
• Manufacture, Transport of Defaced Firearms - N.J.S.A. 2C:39-9(e)
• Manufacture, Transport of Assault Firearms - N.J.S.A. 2C:39-9(g)

Further, if the Defendant is accused of committing or attempting to commit any of the following offenses while using or in possession of a firearm, the Graves Act requires mandatory prison time and parole ineligibility:

• Homicide - N.J.S.A. 2C:11-3
• Manslaughter - N.J.S.A. 2C:11-4
• Aggravated Assault - N.J.S.A. 2C:12-1(b)
• Kidnapping - N.J.S.A. 2C:13-1
• Sexual Assault - N.J.S.A. 2C:14-2(a)
• Aggravated Sexual Contact - N.J.S.A. 2C:14-3(a)
• Robbery - N.J.S.A. 2C:15-1
• Burglary - N.J.S.A. 2C:18-2
• Escape - N.J.S.A. 2C:29-5

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A Long Branch police officer has been arrested and suspended from the force after he was charged with second degree aggravated assault in connection with an altercation outside a nightclub. The alleged assault of a 33-year-old Neptune man resulted in a broken jaw among other injuries. The police officer has been suspended from his job without pay. According to the Asbury Press Article, the officer was involved in the January 31 assault outside the Headliner Night Club in Neptune, New Jersey. The police officer was released on $25,000 bail with a 10% option.

This sounds like a typical bar fight or altercation outside of a bar or nightclub. Many times, individuals have too much to drink and get involved in incidents that they otherwise would not have been involved in. We'll see if the officer has any claims for self-defense or that this was a consensual fight that he happened to get the best of. This will change the types of penalties and jail time that he may be facing. However, because it is a 2nd degree charge for aggravated assault, there is a presumption of incarceration associated with any second degree crime even if the defendant has no prior record. We'll see how this case develops.

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In a recent Asbury Park Press article, Little Silver residents have been warned regarding a recent series of burglaries in the area. On February 10th or 11th, a burglar entered a garage of a residence on Little Silver Point Road. On Tuesday or Wednesday of last week a home on Riverview Avenue was burglarized and two more homes on Paag Circle were also burglarized. All the burglaries happened sometime between the late evening and early morning hours and electronics and jewelry were stolen from the homes involved. Police are reminding residents to lock the doors and windows to their homes and activate their home alarm systems if they have them.

Anymore with information regarding these recent burglaries in Little SIlver is asked to contact Detective Sgt. Daniel Shaffery or Patrolman Gregory Oliva at (732)747-5900.

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The Iler Law Firm recently tried a case at the Monmouth County Superior Court in Freehold, New Jersey. Our client, a 22-year-old defendant from Long Branch , was charged with unlawful possession of a weapon in the second degree. He was facing a ten-year jail sentence if convicted with a 5-year minimum term of parole ineligibility. In other words, he would have served at least 5 years in state prison before he would have been eligible for parole if convicted of this crime.

Alexander M. Iler and I tried the case at the Monmouth County Superior Court. The parties selected a 14 person jury (12 jurors and 2 alternates) and the State put on their case. Then, the defendant presented his case to the jury and testified on his own behalf. Both sides presented their closing arguments and the case went to the jury for a verdict. Following a short deliberation, the jury returned a verdict of "not guilty" and the defendant was free to go. This was an extremely exciting time for the defendant, his family, and the Iler Law Firm. As you can imagine, this young man's life would have been very different had he been found guilty and spent a minimum of five (5) years in state prison. This result was extremely rewarding to the firm.

 

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There is no statutory requirement that an arrested defendant perform field sobriety tests at the request of a law police officer. Field sobriety tests are the psychophysical tests that the officer asks you to perform which can include the "horizontal gaze nystagmus test" (HGN test), the "walk and turn test", and the "one-leg stand test". However, the duty to submit to field sobriety testing has been established through case law in New Jersey. In State v. Macuk, the court held that "[t]here is a clear legal right to require a motor vehicle operator, arrested on probable cause for 'driving under the influence' or 'while impaired' to submit to a chemical test of bodily substances to determine the amount of alcohol in his blood, or, for that matter, to a physical coordination test." There is no statutory penalty for refusal to submit to field sobriety tests. But, there is an express duty to submit and no right to refuse and this fact can be used against the defendant at trial.

For additional information, please see my DWI page on the Iler Law Firm website.

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The Appellate Division came down with an important decision last week regarding a drunk driving case in North Brunswick, New Jersey. The Court vacated a DWI conviction which came three and a half years after the defendant was charged with drunk driving. The Court found this to be a violation of the defendant's Sixth Amendment right to a speedy trial. In the opinion, State v. Iskander, the Court found the lenghty delay to be largely the fault of the Municipal Court judge and the prosecutor. The case was stayed while the arresting officer served 13 months on military deployment but the rest of the delays were based on the State's failure to provide discovery and the Court's faulty scheduling practices. The defendant entered a conditional plea of guilty pending his appeal based on a denial of his right to a speedy trial. This appeal was heard in Middlesex County Superior Court and denied. As a result, the defendant's counsel appealed this denial to the Appellate Division and was ultimately successful.

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Under New Jersey law, after fifteen (15) years, individuals who have been convicted of certains sex crimes can move to terminate the obligation to register and/or be released from parole supervision. Megan's Law became effective on 10/31/94 so many individuals are now eligible to be removed from Megan's Law registration requirements if certain criteria are met.

A Motion to be removed from Megan's Law must be filed with the Assignment Judge in the County in which you were convicted of a sex crime. A copy of this motion must be sent to the County Prosecutor's Office in the County in which you were convicted or plead guilty. The Motion must include the date of conviction. Also, you should consult an experienced criminal defense attorney to determine whether or not you are eligible for removal. For example, certain crimes like first degree aggravated sexual assault or a sexual assault on a minor prevent you from filing this Motion for Removal. In the motion, you must show the Court that you are no longer a threat to the community and you have not committed any other offenses. Remember, fifteen (15) years must have elapsed since the date of conviction for you to be eligible for removal. Finally, many Judges are requiring a psychological evaluation and report as part of the Motion for Removal.

If you are interested in filing a Motion for Removal from Megan's Law, please contact myself or Alexander Iler at (732)842-7787.

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