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

Keyport police arrested eight (8) individuals in a massage parlor prostitution raid last Friday. The massage parlor was located on Route 36 and was raided by police early Friday afternoon. Police arrested three women at the parlor and five men later that evening after a two month investigation into the prostitution ring. All eight individuals who were arrested are charged with engaging in prostitution. The owner of the parlor is also facing charges and she owns several other parlors throughout the state. For additional information, see the Asbury Park press article.

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A Bridgewater Municipal Court judge was arrested last week on driving while intoxicated (DWI) charges in Lavallette, New Jersey. Lavallete police stopped the judge's vehicle last Saturday night because he was allegedly swerving. This motor vehicle stop led to the officers suspecting the Municipal Court judge of drunk driving. According to the Asbury Park press article, "Rizzolo is facing charges of driving under the influence, obstruction of justice, failure to maintain lane, reckless driving, refusal to submit a breath sample, and a violation of a municipal loud and unusual noise ordinance. He is scheduled to appear in Lavallette Municipal Court on Sept. 22." According to police, the judge's eyes were watery, his speech was slurred, and there was an odor of alcohol emanating from his person during the motor vehicle stop. This led to the drunk driving charges as well as the refusal to submit to a breathalyzer charge.

For additional information, see "Lavallette police detail arrest of Bridgewater judge".

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Keansburg police arrested a Jersey City man for allegedly trying to kick out the windows of a patrol car and fighting with the police officers. According to police, on the way to the station the Jersey City man tried to kick the windows out of the patrol car and then, at police headquarters, struggled with and kicked police officers and spit at one of them. The defendant was charged with aggravated assault on a police officer, resisting arrest, throwing bodily fluids, simple assault, criminal mischief, and disorderly conduct.

For additional information, see the Asbury Park Press article entitled "Jersey City man charged with assaulting Keansburg officer".

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Police arrested an Asbury Park man who was allegedly in possession of more than $1 million of cocaine and heroin. He was also in possession of illegal weapons, including an assault rifle. The defendant was arrested after police stopped his Chevrolet Tahoe which contained more than five (5) ounces of cocaine. Following the traffic stop, police searched the defendant's apartment where they found 12 ounces of cocaine, 140 bricks of heroin (which typically contain 50 packages each), a pound of marijuana, and various weapons and ammunition. Police also searched a second apartment which also contained significant amounts of drugs. During the searches, police also confiscated about $14,000.00 in cash, four fur coats, jewelery, and three vehicles. The defendant was charged with multiple first and third degree drug charges and several second degree weapons offenses. He is being held at the Monmouth County Jail in Freehold, New Jersey on $1.29 million bail, cash only. For additional information, see the Asbury Park Press article entitled "Asbury Park music store owner arrested on drug and weapons charges".

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A Lakewood man was arrested last week for allegedly burglarizing a home in Freehold, New Jersey. Police were able to apprehend the defendant based on a witness who reported his suspicious activity and gave a detailed description to authorities. When police arrived at the scene they found an open window, a television sitting on the front porch, and a ransacked home. The defendant was stopped in his vehicle near the home and was found in possession of some of the stolen goods. He was charged with burglary, theft, and possession of burglary tools. He was sent to the Monmouth County Jail in Freehold on $50,000.00 bail.

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The Appellate Division in New Jersey this week upheld a law which gives judges the authority to suspend driver's licenses. The court detailed factors to be used in deciding whether or not to suspend a license and urged the legislature in New Jersey to enact guidelines for judges to consider. Defense counsel argued that the law, N.J.S.A. 39:5-31, had been repealed by implication through the Legislature creating the points system in New Jersey in 1952. The Appellate Division rejected this argument.

In this case, the defendant was convicted of reckless driving and her license was suspended 45 days. The statute in question allows judges to revoke a driver's license "when such person shall have been guilty of such willful violation of any of the provisions of this subtitle as shall, in the discretion of the magistrate, justify such revocation". Until the Legislature acts and creates guidelines in this arena, judges should be guided by factors such as the offense's nature and circumstance, the egregiousness of the offense, any harm inflicted on others, the defendant's driving history/record, the likelihood of committing future motor vehicle violations, and the need to deter this type of behavior.

Here, the judge considered the willful violation and the defendant's driving record that, although currently didn't have any motor vehicle points, it included prior traffic offenses such as improper passing, failure to observe a traffic light, speeding, obstructing traffic, and careless driving. Based on these factors, the judge suspended the defendant's driver's license for 45 days. Defense counsel plans to appeal this decision to the New Jersey Supreme Court.

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A Brick man was sentenced to 27 years in prison this week after pleading guilty in Federal Court to child pornography charges. The defendant made a video recording of a 14-year-old girl engaging in sexually explicit conduct. According to the release by the United States Attorney's Office, the defendant coerced the minor into performing sex acts so he could videotape them. His sentence was approximately 3 years shy of the maximum sentence he could have received on these charges (30 years). Further, based on the federal system, the defendant will serve almost his entire sentence without being eligible for parole.

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Three men have been charged in connection with a string of armed robberies at convenience stores in Jackson, Howell, Manalapan, and South Brunswick. A clerk at the Krauszer's food store was robbed at gunpoint on May 2. Another armed robbery was reported May 20 at 7-eleven. Police determined that both Jackson robberies were committed by the same suspect. Police also learned that similar robberies were committed in South Brunswick, Manalapan, and Howell during the same time period. Jackson police circulated a flier sketch of the robbery suspect which, along with security video, helped identify the suspects involved. The defendant was arrested on July 6 and charged with two counts of armed robbery in Jackson. The defendant is also facing additional charges in South Brunswick, Manalapan, and Howell. The defendant's bail is set at $500,000 and he remains in the Monmouth County Jail in Freehold, New Jersey. An investigation into the May 2 incident revealed that two other men were also involved who have been arrested and charged with robbery. For additional information, see the Asbury Park Press article entitled "3 charged in connection with robberies in Jackson, Howell, Manalapan".

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New York authorities reportedly seized seventeen (17) pounds of heroin from two New Jersey men who had hidden the drugs inside the soles of their shoes. New York prosecutors announced Tuesday that the two men were arrested July 25th by the Suffolk County Heroin Task Force. According the police, the two men stashed the powdered heroin in small blocks in the insoles of their shoes. The two men were arrested outside a Melville, New York hotel.

Following the arrest, a lab analysis revealed that the heroin was 85 to 90 percent pure. Police estimate that the 17 pounds seized could have been divided up into a half-million dosages. For additional information on heroin charges in New Jersey, please see my criminal defense and DWI website.

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Police are investigating a burglary which occurred in Little Silver, New Jersey on Monday between 11:00 a.m. and 12:10 p.m. The burglary of this Lisa Court home resulted in stolen jewelry. Police are reminding residents to lock their doors and windows and residents should report any suspicious activity to local police. Sergeant Dan Shaffery and Officer Pete Gibson are investigating the burglary and any information should be provided to them at 732-747-5900.

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.

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A Keansburg man has been charged with sexual assault, criminal restraint, terroristic threats, aggravated assault, simple assault, unlawful possession of a weapon, and possession of a weapon for an unlawful purpose after an alleged sexual assault on Friday morning. The 20-year-old defendant allegedly assaulted a 20-year-old acquaintance and then threatened his stepmother with a knife when she confronted him about the assault. Police learned about the incident on Saturday when they were called to the Bayshore Medical Center in Holmdel, where the victim was being treated for her injuries. The defendant is being held at the Monmouth County Jail in Freehold, New Jersey on $255,000.00 bail.

Charges for sexual assault in New Jersey are governed by N.J.S.A. 2C:14-2 which provides:

§ 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.

b. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

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

(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

(2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;

(3) The victim is at least 16 but less than 18 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 of any nature or in any capacity over the victim; or

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

(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

Sexual assault is a crime of the second degree.

Remember, sexual assault also has implications regarding Megan's Law, as a defendant convicted of sexual assault must register as a sex offender and may be subject to community supervision for life and/or parole supervision for life.

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Police arrested a 25-year-old man Saturday who was allegedly caught trespassing and peering into a Long Branch apartment. According to the Asbury Park Press article, two women and a man were watching television in the apartment on Saturday afternoon when they heard noises outside the bedroom window. The man inside the apartment looked outside and saw the defendant looking through the apartment window. The women inside the apartment called the police while the man chased after the suspect. The man apprehended the suspect hiding in the bushes near the apartment complex. The defendant was arrested and charged with criminal trespass. The defendant was sent to the Monmouth County Jail in Freehold, New Jersey and his bail was set at $10,000.00.

A charge for criminal trespassing in New Jersey is governed by N.J.S.A. 2C:18-3 which provides:

§ 2C:18-3. Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses

a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. Otherwise it is a disorderly persons offense.

b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

(1) Actual communication to the actor; or

(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

(3) Fencing or other enclosure manifestly designed to exclude intruders.

c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.

d. Defenses. It is an affirmative defense to prosecution under this section that:

(1) A structure involved in an offense under subsection a. was abandoned;

(2) The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or

(3) The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.

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An Old Bridge resident was arrested last week in Aberdeen after police allegedly found a variety of painkillers in her vehicle upon execution of a lawful traffic stop. The police officer pulled over the defendant for driving with a suspended license. Then, while executing the traffic stop, he observed drug paraphernalia as well as a significant number of pain pills including Roxycodone, Vicodin, and Klonopin. The defendant was charged with possession of CDS and possession of a CDS in a motor vehicle. She was also given a ticket for driving while suspended. She was released from police custody after posting $2,500.00 bail.

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Police arrested a Neptune couple as well as the couple's 24-year-old son Thursday after the family was caught allegedly selling crack cocaine out of their Neptune home. The investigation was conducted by Neptune township police and the Monmouth County Prosecutor's office. Based on this investigation, police obtained sufficient probable cause for a search warrant of the couple's home. Upon execution of the search warrant, police found between 1/2 ounce and five ounces of crack cocaine. All three defendants were charged with possession of CDS and possession with intent to distribute. The husband was released upon issuance of the summons, while the wife and son are being held in lieu of $200,000 bail at the Monmouth County Jail in Freehold, New Jersey.

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The New Jersey Appellate Division ruled Friday that it is permissible for law enforcement to pull over a vehicle for having anything hanging from their rearview mirror if the officer believes that the items obstruct the driver's view. For information on this decision, see the Asbury Park Press article. This is a terrible decision which has significant consequences for drivers in New Jersey.

Now, police officers can pull over any driver who has anything hanging from their rearview mirror (such as fuzzy dice or a car freshener) and claim that this object obstructs the driver's view of the road. According to the Appellate Division, this is sufficient probable cause for the traffic stop. Then, police can issue other summonses once they execute the traffic stop. Remember, police still cannot search the vehicle without sufficient probable cause. However, if marijuana or other drug paraphernalia is in "plain view" when the officer executes the traffic stop, this is an exception to the warrant requirement and the officer may arrest the driver for possession of marijuana or possession of drug paraphernalia. Further, even if nothing is in plain view, if the officer alleges that he smells marijuana on the driver, this can be sufficient probable cause to search the vehicle. Thus, this decision gives law enforcement significant leeway to pull someone over for something extremeley minor (like having fuzzy dice hanging from the rearview mirror) and then execute a traffic stop to potentially create more serious criminal or traffic charges.

The moral of the story is: Don't hang anything from your rearview mirror or police can now lawfully pull you over.

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