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

A former bank teller of Sun National Bank in Freehold Township has admitted to $117,000 in bank fraud for making cash withdrawals on customer accounts and using the money for her own personal benefit. The defendant pled guilty to one count of second degree theft by deception in the Monmouth County Superior Court on Friday before Judge Reisner. In accordance with her plea agreement, prosecutors will seek a three year prison sentence when she is sentenced on September 25th. For additional information, see the Asbury Park Press article entitled "Manalapan woman, 27, admits to $117k in bank fraud."

The degree or grade of the theft by deception charge depends on the amount involved in the alleged theft. If the amount involved is $75,000 or more, this is considered second degree theft by deception, as the defendant was charged above. If the amount involved is more than $500 but less than $75,000, this is graded as third degree theft by deception in New Jersey. Finally, if the amount involved is more than $200 but less than $500, this will be charged as fourth degree theft by deception.

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

A Freehold man has been indicted by an Ocean County grand jury based on allegations that he molested an 11-year-old girl in a Six Flags Great Adventure wave pool nearly four years ago. The 35-year-old defendant is named in a two count indictment charging him with second-degree sexual assault and third-degree endangering the welfare of a minor. The defendant was taken into custody on July 19, 2005 after he allegedly committed an act of sexual contact with an 11-year-old girl while in the Hurricane Harbor section of the Six Flags theme park. The defendant is currently released on bail which was set at $100,000. After the incident, the defendant was identified by the victim and her friend and was detained by park security before he was arrested by police.

The defendant in this case is facing approximately 8-15 years in prison if convicted on these charges. For a second degree crime, he is looking at 5-10 years. For the third degree offense, he is facing typically 3-5 years. Moreover, because of the sexual nature of these charges, the defendant is also facing Megan's Law and the registration requirements for convicted sex offenders.

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

Thirty people were charged with underage drinking after police stopped a party bus carrying Morristown High School students after the prom. In total 58 people were issued summonses after Bergen County police stopped the bus in East Rutherford on June 12. The bus was returning the students from New York City and, according to police, had alcohol on board. On Wednesday, 30 students and others entered a plea of not guilty in the Bergen County Central Municipal Court. The defendants denied drinking and stated that breathalyzer tests were not administered. Also, three employees of the bus company have plead not guilty to charges of serving alcohol to minors.

Criminal charges for underage possession of alcohol are governed by N.J.S.A. 2C:33-15 which provides:

§ 2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty

a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $ 500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

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

A 23-year-old Howell woman was arrested and charged with driving while intoxicated (DWI) after a multi-vehicle accident on the Garden State Parkway last Friday. The accident occurred a little before midnight on Friday evening as the driver allegedly rear ended another vehicle and caused a multi-vehicle pileup. For additional details regarding the accident, please see the Asbury Park Press article entitled "Howell woman charged with DWI following multi-car crash".

It appears from the article that several of the individuals involved in the accident were injured. As a result, the driver may be facing indictable criminal charges as a result of the accident on top of the drunk driving charge she is already facing. Those charges could include aggravated assault, death by auto, etc. depending on the severity of the injuries. For additional information on drunk driving charges, please see my criminal defense and DWI website.

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

A 33-year-old Keansburg man was charged with three counts of aggravated assault on a police officer, two counts of simple assault on two 16-year-olds, and resisting arrest in connection with an incident which occurred on Wednesday. According to police, the defendant, who was intoxicated, assaulted two teenagers and also kicked and threatened the officers who arrested him. Police went to the scene of the crime after receiving a call about a large fight there. Police investigated and determined that the defendant was intoxicated and had allegedly assaulted two 16-year-olds, a boy and a girl. After being arrested, the defendant continued to fight police at headquarters, kicking several officers. Police finally subdued him with pepper spray. The defendant was sent to the Monmouth County Jail in Freehold on $25,000 bail.

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

A surveillance video from Saturday afternoon shows the hit and run of a pedestrian in Jersey City, New Jersey. A Jersey City man is currently in critical condition at the Jersey City Medical Center after he was struck by a pickup truck while walking in a crosswalk several blocks from the Holland Tunnel. Police are asking for the public's help in locating this black Ford pickup truck which had a silver toolbox in the bed of the vehicle at the time of the accident.

Police say the driver sped away from the scene of the accident. In fact, according to reports, the driver accelerated and swerved to dislodge the victim from the vehicle. Police estimate that the vehicle was traveling 35 to 40 mph in a 25 mph zone. If you have any information relating to this accident, please contact the Jersey City Police.

Leaving the scene of an accident is a serious offense in New Jersey. Moreover, if there is serious personal injury involved, the driver is facing significant jail time and license suspension. Knowingly leaving the scene of a motor vehicle accident in which serious bodily injury occurred is governed by N.J.S.A. 2C:12-1.1 which is a crime of the third degree. These charges will be handled at the Superior Court or "county level". Further, if the driver was intoxicated at the time of the accident, the driver can be charged with aggravated assault or death by auto (vehicular homicide) depending on the injuries to the victim. Finally, leaving the scene charges can also be handled at the Municipal Court level under N.J.S.A. 39:4-129. If there is injury involved, the driver is facing a fine of $2,500 to $5,000, a one year license suspension, and up to 180 days in jail.

For additional information, please call the Iler Law Firm for immediate assistance at (732)842-7787.

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

A South Jersey doctor, whose license to practice medicine expired in 2005, has been charged with three counts of distribution of a controlled dangerous substance (CDS). He is being held in the Camden County Jail on $450,000 bail. The case is also being reviewed by the United States Attorney's Office for potential federal charges. It appears that the defendant could also be charged with prescription drug fraud and forgery in New Jersey.

The defendant was arrested Thursday after he allegedly made three sales to undercover officers. Investigators paid him $1,500 for a dozen prescriptions. According to police, the prescriptions, which were made out to multiple people, would have provided 1,440 doses of oxycodone based drugs such as Oxycontin and Percocet. The former doctor allegedly ran this prescription fraud business out of his 2005 Toyota Camry. For additional information see, "Unlicensed doc sold painkillers from his Camry".

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

Police arrested a man after a traffic stop revealed more than a half-pound of marijuana, suspected hashish, drug packaging material, marijuana-growing equipment, and other drug paraphernalia. The defendant, an 18-year-old male, was charged with possession of marijuana more than 50 grams, possession of hashish, possession of CDS with intent to distribute, possession of CDS with intent to distribute in a school zone, and possession of drug paraphernalia. His bail was set at $20,000.

The basis for the search was a traffic stop conducted by Middletown police. The officer observed a car parked improperly near the intersection of Charles and Main Streets in the Port Monmouth section of town. Police said that the car, occupied by two men, was parked at an angle, too close to the intersection, and partially on the grass. When the police officer approached the vehicle to ask for identification, he allegedly smelled raw marijuana. He instructed the driver to get out of the vehicle, and when he did the officer observed a bag of pot on the floor and a second bag of weed on the driver's seat.

For additional information, see "Police: Half-pound of pot seized in Middletown traffic stop".

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

Police stopped a vehicle on the Garden State Parkway on Friday June 12th after receiving reports about occupants tossing beer bottles out the window. When police approached the vehicle after effectuating a traffic stop, they observed one beer bottle in the front of the vehicle, on the floor by the passenger's side, and one bottle in the back of the vehicle. Police also allegedly spotted a bag containing 19 small packets of suspected marijuana.

Then, the vehicle was impounded based on these findings and Ecstasy tablets were also found. Based on these circumstances, two passengers were charged with possession of marijuana with intent to distribute. Another passenger was charged with possession of Ecstasy. For additional information, see "Three facing drug charges after traffic stop in Wall".

The initial basis for the search in this case was the plain view exception to the warrant requirement. The reason police did not need a warrant when they seized the marijuana is that the marijuana was in "plain view" as police approached the vehicle and effectuated a lawful traffic stop. Then, another exception to the warrant requirement was utilized in this case because the vehicle was impounded. Since the driver and passengers were arrested, the vehicle had to be impounded which allows the police to search the vehicle to conduct an "inventory search" to preserve any and all possessions in the vehicle. This is how the police lawfully obtain the drug evidence without obtaining a warrant.

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

A Middlesex County man was indicted this week for attempted murder based on a stabbing which allegedly occurred outside Legends Bar and Grill in Hazlet, New Jersey. The incident took place the day after Christmas last year. Police say that the stabbing occurred outside the bar after a verbal dispute inside the bar escalated. Then, the defendant allegedly stabbed the victim in the lower back and fled the scene. According to the Asbury Park Press article, "[t]he victim, identified by police only as a 27-year-old Keyport man, was transported to Jersey Shore University Medical Center in Neptune, where he underwent emergency surgery." The defendant is charged with first degree attempted murder, first degree robbery, aggravated assault, hindering apprehension, and unlawful possession of weapon. 

The defendant is currently being held at the Monmouth County Jail in Freehold, NJ on $500,000 bail.

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

According to the Asbury Park Press article, police approached the defendants' vehicle based on a parking violation and found heroin and a loaded gun in the vehicle. Three men were arrested on May 28th around 10:30 p.m. for possession of heroin, hypodermic needles, and drug paraphernalia.

The three men were inside a Ford Taurus which was parked in a spot reserved for bridge tenders in Swing Bridge Park, near the Sea Bright Rumson Bridge. Police approached the vehicle based on this parking violation and allegedly saw one man trying to hide something. Police also allegedly saw hypodermic needles. Based on these observations, and the "plain view" exception to the warrant requirement, police executed a search of the vehicle and found heroin and a .22 caliber pistol in the car. One of the men was charged with unlawful possession of a weapon and possession of a defaced weapon for the .22 caliber pistol because the serial numbers on the gun had been scratched off.

This is a classic "plain view" exception to the warrant requirement. If police have a valid reason for the traffic stop, which in this case was a parking violation, and police observe objects of clear criminality, police may execute a search based on the items being in plain view. The requirements of the plain view doctrine are essentially: (1) Lawful access to the place from which the item can be plainly seen. (2) Lawful access to the object itself. (3) The object’s incriminating nature must be immediately apparent.
 

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

A man from Franklin, New Jersey was arrested yesterday and charged with sexually assaulting two women in New Brunswick. The defendant, who also works in Franklin as a bus driver, is accused of raping a 25-year-old woman in New Brunswick on May 27th.  The defendant also allegedly kidnapped, raped, and beat a 20-year-old woman in New Brunswick this past Friday. The police used information provided by the victims to apprehend the defendant. According to reports, the defendant worked as a bus driver for a private company which is contracted by Franklin township schools. A spokeswoman for the school district said that the defendant has never been a Franklin district employee. Apparently, the defendant has no criminal record which would have surfaced on a background check. The defendant is currently being held at the Middlesex County Adult Correction Center in North Brunswick.

According to police and the Asbury Park Press article entitled, "N.J. school bus driver facing charges in 2 sex assaults":

On May 27, the defendant was driving an older-model gold Toyota Camry and approached a 25-year-old woman. She thought she knew the defendant and got into his car on Commercial Avenue in New Brunswick. He drove her to a secluded area off of Joyce Kilmer Avenue and sexually assaulted her. On Friday, the defendant, again driving the Camry, confronted a 20-year-old woman and punched her in the face when she refused to get into his car. He drove the victim to the same location off Joyce Kilmer Avenue and raped her. After making her way to North Brunswick, the victim called police there about 2:45 a.m. Friday to report that she had been sexually assaulted.

Charges for aggravated sexual assault are extremely serious and have significant penalties involved depending on the degree of the offense. Further, in New Jersey there are other repercussions associated with these sex crimes based on Megan's Law and the sex offender registration requirements.

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

New Jersey is considering a new drunk driving bill which would require certain first time DWI offenders to install a lock on their vehicle's ignition. The lock releases after the driver blows into the breathalyzer like device and is deemed sober. A bill approved by the Assembly Judiciary Committee Monday would require first time DWI offenders whose blood alcohol content (BAC) was greater than .15% when they are convicted of DWI to install this lock on the ignition to their vehicle. Remember, .08% BAC is the legal limit in New Jersey. For additional information, see the Asbury Park Press article entitled "N.J. drunken driver ignition lock bill advances".

This bill, if passed, would have a significant impact on drunk driving law in New Jersey. This would create an incentive for drivers to refuse to submit to a breath test if they fear that their breathalyzer or Alcotest readings are higher than .15%. I'm not sure that this is the best result and I don't think this is the impact that the legislature wants to have on drunk driving law in New Jersey.

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

Three Monmouth County men have been arrested and charged with burglary, conspiracy, hindering apprehension, criminal mischief, and resisting arrest. The alleged burglary took place on Winding Ridge Court in Neptune, New Jersey which actually resulted in the precautionary lock-down of two local schools for a short time. Around 9:30 a.m. Friday morning the Neptune resident heard the burglars in her home so she locked herself in the bathroom and called the police. Police responded and arrested two men at the home and found the other man down the street from the home. For additional information, see "3 arrested in connection with Friday's home burglary in Neptune".

Burglary charges in New Jersey are governed by N.J.S.A. 2C:18-2 which provides:

§ 2C:18-2. Burglary

a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein he:

(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; or

(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.

b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:

(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or

(2) Is armed with or displays what appear to be explosives or a deadly weapon.

Otherwise burglary is a crime of the third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

It looks like in this case the men are facing charges for third degree burglary since it does not appear that there was any force or injury involved to the homeowner and the men were not armed with weapons.

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

A 19-year-old driver of an SUV struck a utility pole around 2 a.m. on Monday in Toms River. The driver was not injured but was charged with driving while intoxicated (DWI) by police as a result of the accident.

It is important to remember the potential charges for an underage driver who is driving under the influence of drugs or alcohol. As opposed to a driver who is over 21 years of age, if an underage driver has a blood alcohol content (BAC) of .01% or higher, the driver can be charged with underage DWI in New Jersey. Moreover, if the breathalyzer or Alcotest readings are over .08%, which is the legal limit in New Jersey, the driver will be charged with adult DWI.

This can be crucial for a young driver because the penalties involved for underage DWI and adult DWI are very different. If the driver is only charged with underage DWI, he or she is facing a license suspension of 30 to 90 days and 15 to 30 days of community service. However, if the driver is charged with adult DWI (and is a first time offender) the driver is looking at a license suspension of 3 months if their blood alcohol content was between .08% and .10% and a license suspension of 7 months to 1 year if their BAC was .10% or higher. For additional information, please see my criminal defense and drunk driving website.

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

Police arrested a Middlesex County man on burglary charges last week who allegedly broke into a home in Hazlet. A Metuchen man was arrested shortly after 1 p.m. on June 2nd. The incident occurred on Gibson Drive in Hazlet when a neighbor called the police and reported a man crawling through a window of her neighbor's home. When police arrived, they found an open window and a window screen that had been cut. Police surrounded the house, entered the home, and found the perpetrator in the attic. Police said the defendant's vehicle was parked near a strip mall down the road as the suspect walked around the neighborhood looking for a house that appeared to be unoccupied. The defendant was charged with burglary, criminal mischief, and theft and is currently incarcerated at the Monmouth County Jail in Freehold on $20,000 bail.

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

Howell police are seeking help from members of the public in order to apprehend a man accused of looting unlocked apartments in a retirement home last month. According to police, the man conned his way into the Crossroads retirement home which is located on the corner of Route 9 and Strickland Road in Howell, New Jersey. He told a group of elderly residents that he wanted to see his grandmother who was a resident at the home. He told residents his grandmother's last name was Rodriguez, but no resident at Crossroads with that name exists. Before leaving the home, the man stole several hundred dollars worth of jewelry and cash from multiple retirement units. Anyone with information related to this case should contact Howell police at (732)938-4575.

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

A Middletown softball game got out of hand last weekend which led to a brawl and six people being arrested. The game occurred at Butler Park in Middletown, New Jersey when police responded to the park and found a large group of people having a heated argument. Usually when the police arrive, the situation calms down but not in this case. Here, officers attempted to separate the disputing parties, the fight escalated, and six individuals were arrested. A 16-year-old male was charged with aggravated assault of a police officer, resisting arrest, and obstruction of the administration of law for allegedly fighting with two police officers during the scuffle. Several others were charged with simple assault, disorderly conduct, and resisting arrest for their actions during the fight.

For additional information, see the Asbury Park Press article entitled "Six arrested after fight at Middletown softball game".

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

The criminal defense lawyer for a Manasquan man accused of murdering his wife argued a motion to suppress evidence this past week at the Monmouth County Superior Court. The evidence at issue is a crucial videotape containing statements made by the defendant to law enforcement during the investigation. The motion to suppress the videotape is based on the fact that the audio is so poor that only parts of the interview can be heard. The motion was argued before the Honorable Ira E. Kreizman at the Monmouth County Superior Court earlier this week.

Long segments of the audio on the videotape contain noises that make parts of the conversation inaudible. This allows the defense attorney to argue that the entire tape should be excluded. However, the prosecutor argued that the jury can listen to the tape and decide for themselves what they think they hear. The Judge must decide whether or not he thinks that the evidence is prejudicial to the defendant in that the jury may hear something that was not actually said because of the quality of the audio. There is also an issue as to whether the defendant invoked his right to counsel during the questioning and the Manasquan detective failed to respect this request and continued to question the defendant. We'll see how Judge Kreizman rules on this crucial issue. For additional information, see the Asbury Park Press article entitled, "Lawyer wants Stoedter videotape excluded from trial".

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

A DWI checkpoint is being conducted by law enforcement in Marlboro, New Jersey this weekend on Route 9 South. The Monmouth County DWI Task Force, in cooperation with the New Jersey Division of Highway Traffic Safety, is running the DWI roadblock from 11 p.m. Friday through 3 a.m. Saturday. Officers will pull vehicles from the southbound lanes of Route 9 into the Lowe's parking lot to determine if driver's are under the influence of alcohol and drugs.

For information on driving while intoxicated (DWI) charges, please see my law firm's criminal defense and DWI website which contains information on traffic stops, proof of operation, proof of intoxication, breathalyzer tests, blood alcohol content (BAC), and much more.

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

The result of a recent DWI case in Belmar, New Jersey has been the subject of considerable discussion and debate in Monmouth and Ocean County, NJ. A drunk driver, with a blood alcohol content (BAC) of .115, was driving on Route 35 when he struck the victim, who was standing in the middle of the road, and carried the victim's body for several blocks before he stopped and called for help. The 22-year-old pedestrian was killed as a result of the accident. A grand jury in December considered the facts of the case and declined to indict the driver for vehicular homicide, which includes a maximum of ten (10) years in prison if convicted. The jury considered the fact that the victim was also drunk, with a blood alcohol content (BAC) of .26, and that the victim also had cocaine in his system. Further, the victim was standing in the middle of the road on Route 35 which contributed to the accident. The driver testified that he didn't see him and knew that he hit something but wasn't sure what it was.

Now, the driver faces charges in Belmar Municipal Court for drunk driving which can include up to 30 days in jail, a $500 fine, and a one year license suspension for a first offense DWI. This is a tragic case all around. I feel bad for the victim's family as they will suffer this tragedy the rest of their lives. However, I am not sure if sending this man away to state prison would have been the best result either. For additional information, please see the Asbury Park Press article entitled, "DWI plea not enough for family".

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