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

The Monmouth County DWI Task force and Division of Highway Traffic Safety will conduct a DWI checkpoint (also known as a "sobriety checkpoint") on Friday night in Howell, New Jersey. The checkpoint will be held from Friday night at 11 p.m. through Saturday morning at 3 a.m. on Route 9 South in Howell.

The DWI task force members will pull vehicles from the southbound lanes into the Regal Plaza parking lot to determine if drivers are under the influence of alcohol or drugs. For additional information on the constitutionality of drunk driving roadblocks in New Jersey, please my criminal defense and DWI website.

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Three men were arrested this week based on information provided by members of the Seaside Heights Neighborhood Watch program. The members of the group told police that there was high foot traffic in the area of one apartment on Blaine Avenue. After investigating the tip, police obtained a search warrant and three men were arrested on charges including marijuana possession, possession of drug paraphernalia, and weapons offenses. For additional information, see the Asbury Park Press article.

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I am often consulted by clients regarding what exactly constitutes domestic violence in New Jersey. First, in order for a crime to be considered domestic violence offense, the perpetrator and victim must have a personal relationship at the present time or in the past. Relationships can include marriage, separation, divorce, or residing together in the same household at present or in the past. Relationships can include a person whom the victim has dated (the defendant must be 18 years or older or an emancipated minor) or a person with whom the victim has or will have a child.

Generally, domestic violence can include one or more of the following crimes: aggravated assault, simple assault, terroristic threats, kidnapping, stalking, harassment, sexual assault, criminal sexual contact, lewdness, and criminal trespass or mischief.

Typically, when a domestic violence scenario arises, the victim can do two things. The first is to file a temporary restraining order (known as a "TRO) against the defendant. If there are legal grounds for the restraining order, a TRO will be issued, which includes a date (within 10 days) to return to court for a final hearing. As the final hearing, the judge will hear testimony from the parties and determine if an act of domestic violence occurred. The judge can grant many types of relief to the victim including a final restraining order (FRO), prohibitions against contact and harassment, custody of any minor children involved, child support, rent or mortgage payments, professional counseling, and prohibition against weapon possession by the defendant. If a final restraining order (FRO) is issued by the judge, this lasts indefinitely in New Jersey, unless the victim decides to dismiss the complaint.

The second type of potential relief for a victim of domestic violence is to file a criminal complaint against the perpetrator. This can be done along with the filing of a restraining order. A criminal complaint can be filed at the police department or municipal court in the town where the violent incident occurred.

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Memorial Day Weekend gives rise to a number of drunk driving incidents and arrests every year. As a result, the Monmouth County DWI Task Force, in cooperation with the New Jersey Division of Highway Safety, is conducting a DWI checkpoint this weekend to apprehend drivers who are under the influence of alcohol or drugs. The DWI checkpoint will be run in Middletown, New Jersey from 11 p.m. Friday night through 3 a.m. Saturday morning on Route 35 North.

In New Jersey, the constitutionality of roadblocks like these is clearly established. As long as law enforcement complies with certain procedures, the probable cause for the traffic stop at a DWI checkpoint is sufficient to sustain a drunk driving charge. However, an experienced DWI lawyer may be able to challenge other aspects of the DWI charge such as proof of intoxication, proof of operation, or the admissibility of the breathalyzer or Alcotest results. For additional information, please contact the experienced criminal defense and DWI lawyers at the Iler Law Firm for immediate assistance at (732)842-7787.

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Rumson police are urging residents to keep their eyes peeled after several daytime burglaries recently in Rumson, New Jersey. Police are reminding residents to lock their vehicles and to remove anything of value from the vehicle. Further, it is important to lock doors and windows to your home to prevent easy entry. To report any suspicious activity, call (732)842-0500.

This recent increase in burglaries in Rumson is in line with the article I posted several weeks ago regarding increasing crime rates in Monmouth and Ocean County, NJ. It appears that the economic problems in this country are leading to an increase in nonviolent offenses such as burglaries, theft, and fraud cases.

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I wrote an article in early April regarding a drunk driving accident which led to to two counts of second degree aggravated assault in Middlesex County. Now, a 25-year-old Plainsboro man has been sentenced to 13 years in prison for fatally injuring an 88-year-old Monroe woman in a drunk driving incident in 2007. The Defendant had a blood alcohol content (BAC) of .161, twice the legal limit, and was driving 72 m.p.h. in a 45 m.p.h. zone. Rather than take the case to trial, the Defendant plead guilty to aggravated manslaughter, aggravated assault, two counts of assault by auto, driving while intoxicated, and other charges. In exchange for his plea deal, he received 13 years in prison. Based on these charges, he was looking approximately 50 years in prison if he took the case to trial and lost. Instead, he will serve approximately nine years and four months before becoming eligible for parole. For additional information, see "Man gets 13 years for DUI death of 88-year-old woman in Plainsboro".

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A bizarre story in the Asbury Park press today regarding an arrest this past Friday. An Old Bridge man was arrested after backing his vehicle up into a police cruiser. According to the article, the officer was stationed at his traffic post when he observed a vehicle stopped in the middle of the roadway. When he went over the investigate, the car moved and pulled up on the wrong side of the road. The officer activated his lights and attempted to stop the vehicle but the vehicle fled. Then, in a bizarre twist, the car pulled over abruptly and then started backing up. The defendant backed the vehicle up right into the police cruiser. Fortunately, the officer was not injured.

The defendant was arrested and charged with aggravated assault with a motor vehicle, eluding, obstruction, and driving while intoxicated (DWI). The defendant was taken to Robert Wood Johnson University Hospital in New Brunswick before being taken to the Somerset County Jail on $20,000 bail.

In this case,the defendant is suspected of driving under the influence of drugs rather than alcohol. Thus, the State retained a drug recognition expert (known as a "DRE") to examine the defendant. This "DRE" is trained in recognizing whether a driver is under the influence of drugs. This is necessary, of course, because the breathalyzer readings will come back .00% since there is no alcohol in the defendant's system. However, the State may still be able to prove a DWI based on the defendant being under the influence of drugs.

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A 20-year-old was charged with underage DWI and underage alcohol possession in Belmar last week. The driver allegedly struck a parked car on Belmar Avenue in Belmar, New Jersey just after 1 a.m. on May 15, 2009. Police said that the driver was playing with his Ipod when his 2000 Honda collided with a 1998 Ford on the side of Belmar Ave. Police investigated and found the driver to be under the influence of alcohol and in possession of a partially consumed six pack of beer.

This can have a significant impact on this young man's life. If his breathalyzer readings came back above .00%, he can be found guilty of underage driving while intoxicated (DWI) in New Jersey. Further, if his blood alcohol content (BAC) was above .08%, he can also be charged with adult DWI. However, it appears from the Asbury Park Press article that he was only charged with underage DWI and underage possession of alcohol. Thus, it leads me to believe that his breathalyzer readings came back above .00% but below .08%.

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A former financial broker from Fair Haven faces charges for money laundering, securities fraud, and theft by deception in connection with an alleged Ponzi scheme which duped investors out of $10 million. The Attorney General's Office filed charges in Superior Court in Morristown last week for his alleged fraudulent investment vehicle called Healthcare Financial Partnership. Further, the defendant is a former employee of Cantone Research, Inc. in Tinton Falls, a brokerage firm that fired him last month and reported him for alleged securities violations.

In a statement relating to the above case, Attorney General Anne Milgram claimed that the defendant defrauded 13 investors, most of whom were elderly, over an 18 year period. He allegedly took the investors money and placed it into his own personal account with Merrill Lynch. According to the Asbury Park Press article, the defendant faces charges of first-degree money laundering, second-degree securities fraud and second-degree theft by deception, which were filed following an investigation by the Division of Criminal Justice Major Crimes Bureau.

We'll see how this case develops. I am currently defending a client in Middlesex County Superior Court charged with second degree theft by deception. The grading of a theft by deception charge turns on the amount of money allegedly stolen. If the amount of money involved was $75,000 or more, this will be graded as a second degree offense. If the amount allegedly taken is more than $500 but less than $75,000 this is a third degree theft by deception charge. Finally, if the amount stolen is more than $200 but less than $500, this will be a fourth degree criminal offense in New Jersey. All of these indictable criminal offenses are handled at "the county" or Superior Court level.

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A California man has been convicted of conspiracy for a drug distribution scheme to bring 300 grams of methamphetamine to New Jersey from the West Coast. A Federal Court jury convicted the defendant of conspiracy for introducing three people, one of which was his brother, to a meth dealer in California and setting up a purchase between the parties. The three alleged co-conspirators entered guilty pleas for their roles in the meth distribution scheme and testified against the defendant. The defendant is scheduled for sentencing in the United States District Court, District of New Jersey, before the Honorable Katharine S. Hayden on September 9. The defendant is facing a mandatory minumum of 10 years in prison and up to a life sentence. For additional information, see the article entitled, "Former N.J. man convicted in meth distribution case".

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Monmouth and Ocean County will participate in an annual seat-belt enforcement campaign which runs from May 18 to May 31. Pam Fischer, the director of the State Division of Highway Traffic Safety commented, "I think the one message we really want to get out to the public is the most effective safety device in an automobile is a seat belt. We really want everyone to understand how important it is to buckle up." Drivers who wear a seat belt reduce their chance of being injured or killed in a crash by up to 75%. According to the Asbury Park Press, during last year's seat belt campaign, police in New Jersey issued 46,026 summonses for failure to wear a seat belt and 6,831 speeding tickets, and made 642 drunk driving arrests.

Moreover, according to the article, this year's local grant recipients are Allenhurst, Deal, Eatontown, Freehold Township, Holmdel, Interlaken, Keansburg, Keyport, Marlboro, Middletown, the Monmouth County Sheriff's Office, Neptune, Spring Lake Heights, Union Beach, West Long Branch, Barnegat, Berkeley, Lacey, Lakehurst, Lakewood, Little Egg Harbor, Manchester, Stafford and Toms River.

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The New Jersey Supreme Court recently issued a decision which upholds the constitutionality of the State imposing a sentence of life without parole in lieu of the death penalty. In a 5-2 opinion, the NJ Supreme Court held that a defendant's constitutional rights are not violated by the imposition of a sentence of life without parole instead of the death penalty as long as the jury found the same factors necessary for the imposition of the death penalty.

Two defendants, one in Monmouth County and one in Ocean County, had received sentences of life without parole and challenged the constitutionality of these sentences. For additional information on this decision, see the Asbury Park Press article entitled "N.J. court says murderer can get life without parole". As a New Jersey criminal defense attorney, this ruling will have a significant impact on murder cases.

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A Staten Island man, who was allegedly intoxicated and had a suspended license, led police on a car chase from Hazlet to Holmdel today before being arrested early this morning.The driver and his passenger bailed out of the truck after the chase and tried to hide in a backyard near the Garden State Parkway. A Hazlet police dog was then used to apprehend the two offenders. Both men were arrested and charged with obstruction, resisting arrest, and eluding police. The driver was also given a number of motor vehicle summonses including driving while intoxicated (DWI) and driving with a suspended license. The driver is being held at Monmouth County Jail with a bail amount of $85,000. The passenger was given ROR (released on his own recognizance). For additional information, see the Asbury Park Press article.

Charges for resisting arrest in New Jersey are codified in N.J.S.A. 2C:29-2 which provides in pertinent part:

§ 2C:29-2. Resisting arrest, eluding officer

 a. (1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. (3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:

(a) Uses or threatens to use physical force or violence against the law enforcement officer or another; or

(b) Uses any other means to create a substantial risk of causing physical injury to the public servant or another.

It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.

b. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L. 1995, c. 401, on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person's conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person's driver's license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.

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A former New Jersey beauty queen was sentenced last week to a year in prison for writing more than $70,000 in bad checks. The defendant is a former winner of Mrs. New Jersey U.S. pageant which she won in 2005. The sentence was imposed after the defendant reached a plea agreement with the Essex County Prosecutor's Office in January. The defendant's attorney argued for probation for the 36 year old mother of two, her sons ages 5 and 7, but Judge Torkwase Sekou felt that a jail sentence was appropriate. The defendant has a pattern of criminal behavior based on eight prior arrests, mostly for theft related offenses, in the last ten (10) years and she previously spent six months in prison in 1999. The defendant was looking at a maximum of ten years in prison had she taken the case to trial. Now, she will probably serve about two months before she is eligible for parole. For additional information, please see, "Judge: Beauty queen a "master of deception".

In New Jersey, criminal charges for check fraud or "writing bad checks" is codified under N.J.S.A. 2C:21-5 which provides:

§ 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.

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A Monmouth County jury convicted a 29 year old defendant last week of aggravated sexual assault for raping a sleeping woman in Neptune City in July 2007. According to the Asbury Park Press article, the defendant raped his friend's girlfriend while she was sleeping at her boyfriend's home in Neptune City, New Jersey. The victim testified that she woke up during the assault. The defendant admitted having sex with the victim but argued to the jury that it was consensual. Obviously the jury believed the victim over the defendant. As a result of the jury verdict, the defendant is facing up to twenty (20) years in state prison. Further, his sentence is subject to the No Early Release Act which requires him to serve 85% of the sentence imposed. Moreover, the defendant, based on this conviction for aggravated sexual assault, will be subject to parole supervision for life and must register as a sex offender under Megan's Law.

In New Jersey, charges for aggravated sexual assault are governed by N.J.S.A. 2C:14-2 which provides in pertinent part:

§ 2C:14-2. Sexual assault

a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The victim is less than 13 years old;

(2) The victim is at least 13 but less than 16 years old; and

(a) The actor is related to the victim by blood or affinity to the third degree, or

(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or

(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;

(4) The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7) The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

Aggravated sexual assault is a crime of the first degree.

In this case, the State charged the defendant based on subsection (7) of the statute because the victim was "physically helpless" while sleeping and the defendant assaulted her.

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A 71 year old Manalapan man was sentenced last week for his fraudulent activities. The defendant was convicted of second degree theft by deception, two counts of second degree writing bad checks, and one count of fourth degree forgery for stealing $1.3 million from a friend who "he thought of as a brother". A Monmouth County Superior Court jury found him guilty of these charges after a four week trial. Judge Ira E. Kreizman sentenced the defendant to five years in prison for these convictions. For additional information, see the Asbury Park Press article.

There have been a significant increase in theft and fraud cases in New Jersey recently. It may be the bad economy and the number of people our of work which is leading to this fraudulent criminal activity.

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Police are currently investigating six (6) daytime home burglaries which occurred between the end of February and the end of April 2009. In all six cases, burglars forced their way into the home. Police are reminding residents to lock their doors and report any suspicious activity immediately to local authorities. Fortunately, residents were not home at the time of the burglaries. However, electronics and other valuables were stolen from the six homes.

Recent statistics show an increase in nonviolent crimes throughout the State of New Jersey, including in Monmouth and Ocean County. It appears that incidents like these are giving rise to this increase in statistical data.

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Two Red Bank men were charged with burglary and theft for allegedly breaking into a woman's home Thursday morning. The woman returned home to find an open porch window and two bicycles in the front yard of her house. She also saw some movement inside the house. She called the local police and the two burglars took off when they spotted her. The police apprehended the two individuals several blocks away and they were carrying a backpack which allegedly contained several items which were taken from the house. The two defendants are being held at the Monmouth County Jail on $70,000 bail.

This is an unfortunate scenario. Both defendants are 18 years of age and were riding their bicycles. Clearly there was not a criminal mastermind behind this burglary. However, because the individuals are considered adults under the law, they are facing severe penalties for burglary in New Jersey.

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A Linden man suspected as a principle member of a New Jersey cocaine and heroin ring surrendered to authorities earlier this week. He faces charges for conspiracy, racketeering, and maintaining a drug production facility. He has also been charged with drug and weapons offenses. The defendant is being held at the Union County Jail on $3 million bail. The Union County Prosecutor said the drug operation was broken up during a series of raids over the weekend beginning Thursday, April 23, resulting in 15 arrests, the seizure of more than three kilos of cocaine, $80,577 in cash and several guns. For additional information, see the Asbury Park Press article.

This is a major drug bust for the Union County Prosecutor's office and law enforcement in New Jersey. The amount of cocaine which they were able to get of the street is a major success for that office and the State. We'll see if defense counsel can successfully challenge any of the search warrants obtained by the police in execution of this drug bust.

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The New Jersey Supreme Court today struck down local ordinances which attempt to regulate where convicted sex offenders can live once they have been released from incarceration. About 120 New Jersey towns will be effected by this ruling, including several in Monmouth and Ocean County, which have ordinances which prohibit convicted sex offenders from living within a proscribed distance from schools, parks, playgrounds, and other places in which children are present.

Megan's Law was passed and became effective on October 31, 1994 and applies if the defendant is convicted, adjudicated delinquent, or found not guilty by reason of insanity to any of the following offenses or an attempt to commit any of the following:

Aggravated Sexual Assault

Sexual Assault

Aggravated Criminal Sexual Contact

Kidnapping (where the victim is less than sixteen (16) years old)

Endangering the Welfare of a Minor by Engaging in Sexual Contact with a Minor

Endangering the Welfare of a Minor by knowingly receiving for the purpose of selling, knowingly sells, procures, manufactures, gives, provides etc. through any means (including the internet) any photos, films, videos, etc. which depict a child engaging in a prohibited sexual act or in the simulation of such an act

Luring or Enticing a Minor

Criminal Sexual Contact (if the victim is under the age of eighteen (18))

Kidnapping (where the victim is under 18 and the offender is not the parent)

Criminal Restraint (where the victim is under 18 and the offender is not the parent)

False Imprisonment (where the victim is under 18 and the offender is not the parent)

If a defendant is convicted of any of the above charges, then Megan's Law applies. Further, after fifteen (15) years, sex offenders in New Jersey can move to terminate the obligation to register and/or be released from parole supervision, if they can show no subsequent convictions and that they are no longer a threat to others. Remember, Megan's Law became effective on 10/31/94 so this fifteen year period is coming up soon and many sex offenders may attempt to terminate their registration. The Public Defender's office is not allowed to file these motions so these defendants must hire a private attorney to file same.

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A Freehold man has been charged in connection with his attempt to get a fraudulent prescription filled in Middlesex, New Jersey. The defendant allegedly took the fraudulent prescription for oxycodone to Boro Hall Pharmacy in Middlesex on Bound Brook Road. The prescription was supposedly written by a Brooklyn doctor. The pharmacist called the Brooklyn doctor to confirm the prescription. Unfortunately for the defendant, the doctor did not authorize the prescription or recognize the defendant's name. As a result, the defendant has been arrested and charged with drug possession and fraud. He is being held at the Middlesex County Adult Correction Center in North Brunswick on $35,000 bail.

Charges for prescription drug fraud in New Jersey are enumerated in N.J.S.A. 2C:35-13 which provides:

§ 2C:35-13. Obtaining by fraud

   It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge. It shall be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.A. 2C:35-21. A violation of this section shall be 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 $ 50,000.00 may be imposed. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.

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New Jersey is considering a bill which would provide immunity to underage drinkers who call the police for their severely intoxicated friends who are in need of medical assistance. A young man testified recently before a State Senate committee regarding the issues surrounding teen drinking and the potential for criminal liability. The young man was twenty years old when his friend, who had consumed an enormous amount of alcohol at a party, stumbled into a bedroom and laid down. The young man helped his friend lie down, gave him a bottle of water, and took his shoes off. Unfortunately, his friend slipped into a coma and died.

The young man testified that he would have called for help but he was in fear of getting into trouble. He was only twenty at the time and had been drinking as well at the party. The new bill would grant immunity to anyone under 21 who calls for help when another young person drinks too much and is in need of emergency assistance. Further, the bill would give immunity to the severely intoxicated young person as well. For additional info, see "NJ weighs immunity for teen drinkers who seek help."

This seems like a really good idea. The last thing we need is kids worried about getting into trouble rather than calling for help when someone is in need of emergency medical assistance. Also, I don't think granting them immunity will increase the likelihood that young people will drink too much at parties and the like. My guess would be that the statistics would essentially stay the same in the long run.

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Two Morris County men were indicted by a Monmouth County grand jury this week arising from an altercation outside a bar in Belmar. Each of the two defendants have been charged with two counts of aggravated assault. According to the Asbury Park Press Article, the two defendants had words with the two alleged victims inside Connolly Station Restaurant and Tavern in Belmar, New Jersey. Then, the two groups got into it again outside the bar and one of the defendants threw a punch, allegedly breaking the victim's jaw and causing him to lose consciousness. According to the article, the victim suffered a traumatic brain injury, a skull fracture, and a broken jaw. One of the victim's friends tried to intervene and was also allegedly assaulted by the two defendants.

It appears that the two defense attorneys are going to use different strategies in defending their clients against these charges. One defendant is arguing that he did not throw a punch and was not involved in the physical altercation. The other defendant is claiming self-defense. We'll see if this case actually makes it to trial and how successful these defense strategies are with the jury.

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A former Essex County prosecutor has plead guilty to charges relating to promoting prostitution in New York. The former prosecutor plead guilty to conspiracy to promote prostitution in New York in exchange for a three year probationary sentence as well as a $50,000 fine. The attorney was accused of taking over a NY Confidential escort agency which had previously been created by one of his clients. For additional information, please see "Lawyer in Lakewood barbershop murder case pleads guilty to promoting prostitution".

In New Jersey, charges for promoting prostitution are governed by N.J.S.A. 2C:34-1(b) which provides in pertinent part:

§ 2C:34-1. Prostitution and related offenses

   a. As used in this section:

(1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.

(2) "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.

(3) "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.

(4) "Promoting prostitution" is:

(a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;

(b) Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;

(c) Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;

(d) Soliciting a person to patronize a prostitute;

(e) Procuring a prostitute for a patron;

(f) Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or

(g) Knowingly leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.

b. A person commits an offense if:

(1) The actor engages in prostitution;

(2) The actor promotes prostitution;

(3) The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;

(4) The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;

(5) The actor compels another to engage in or promote prostitution;

(6) The actor promotes prostitution of the actor's spouse; or

(7) The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.

c. Grading of offenses under subsection b.

(1) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (3) or (4) of that subsection.

(2) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5), (6) or (7) of that subsection.

(3) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), or (c) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.

(4) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree. In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State. Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission.

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A recent report released by Attorney General Anne Milgram shows that nonviolent crime is on the rise throughout New Jersey. In fact, Ocean County has an increase in both violent and nonviolent offenses which results in a 14% overall increase in crime in Ocean County. On the other hand, Monmouth County has seen an overall increase of 5%.

Ocean County Prosecutor Marlene Lynch Ford attributes the increase in crime to an increase in various types of fraud including internet crimes, security fraud, and home improvement/contractor fraud. In Monmouth County, incidents of violent crime decreased from 643 in the first half of 2007 to 607 during the same period of 2008. For additional information, please see the article entitled "Crimes up in Shore area, N.J."

It makes sense in these tough economic times that crime statistics are on the rise in New Jersey. Moreover, many of these crimes appear to be of a nonviolent nature and are typically fraud related offenses.

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A Lakewood man was arrested Sunday night by Jackson Police and has been charged with knowingly leaving the scene of a motor vehicle accident. The charges arise out of a fatal motor vehicle accident in which the defendant's minivan struck a sedan broadside and killed one of the sedan's passengers. The tragic accident occurred 9:30 a.m. Sunday morning. The defendant is being held in the Ocean County Jail on $150,000 bail. For additional info, please see the Asbury Park Press Article.

In New Jersey, charges for knowingly leaving the scene of a motor vehicle accident are governed by N.J.S.A. 2C:12-1.1 which provides in pertinent part:

§ 2C:12-1.1. Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, third degree crime

   A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of N.J.S.A. 39:4-129 shall be guilty of a crime of the third degree if the accident results in serious bodily injury to another person. The presumption of nonimprisonment set forth in N.J.S.A. 2C:44-1 shall not apply to persons convicted under the provisions of this section.

If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.A. 2C:12-1.

Notwithstanding the provisions of N.J.S.A. 2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.A. 2C:12-1 and a separate sentence shall be imposed upon each conviction.

Notwithstanding the provisions of N.J.S.A. 2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.

For the purposes of this section, neither knowledge of the serious bodily injury nor knowledge of the violation are elements of the offense and it shall not be a defense that the driver of the motor vehicle was unaware of the serious bodily injury or provisions of N.J.S.A. 39:4-129.

As you can see, the penalties involved are very severe. Also, the defendant may be charged with aggravated assault, assault by auto, or vehicular homicide based on these circumstances and is facing a significant prison sentence. Obviously, when cases like this arise the concern is that the driver was intoxicated at the time of the the accident and fled the scene because he did not want law enforcement to test his blood alcohol content (BAC). However, most charges of leaving the scene of an accident in New Jersey are handled at the Municipal Court level based on a violation of N.J.S.A. 39:4-129.

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An man was indicted this past Friday on charges of aggravated criminal sexual contact on allegations that he abused a 26 year old woman with Down Syndrome. The charges arise from an incident which occurred on December 31 while the victim sat on a bus in Long Branch. According to a statement released by the Monmouth County Prosecutor's Office, the woman was sitting alone on the bus when the defendant entered the bus, which he was not assigned to drive, and sat next to her, spoke to her, and touched her in an inappropriate, sexual manner. The victim's mother questioned her about bruises she had on her body which led to an investigation and the defendant's arrest. For additional information, please see the Asbury Park Press article entitled, "Bus driver is indicted in sex abuse of passenger".

This is a tragic set of circumstances. It appears that the victim in this case was especially defenseless considering her mental capacity and health issues. We'll see how this case turns out.

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I just read an interesting article in the Asbury Park Press.  Recent statistics show that traffic summonses are down 2% so far this fiscal year in the State of New Jersey. Moreover, traffic tickets are down 4% in Monmouth County and 11% in Ocean County. Some municipalities are down more than others. For example, traffic tickets are down 50% in Seaside Heights and 34% in Belmar.

Police gave several reasons for the decrease in tickets. First, people are driving less because of higher fuel prices and the economic climate. Further, the number of 911 calls are up. This often takes officers off their normal patrols to deal with crime scenes and the like.

This is a very interesting development. We'll see if the trends continue for the rest of 2009.

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