The Law Offices of Alexander M. Iler have been retained to represent a New York man who was recently indicted on charges of attempted kidnapping and attempted burglary. Our client is currently incarcerated in the Monmouth County Jail in Freehold on $600,000.00 bail.
For additional information, see the Associated Press article entitled "N.Y. man charged in attempted kidnap of Long Branch man".
A retired New York City Police Officer and his two sons were arrested and charged with drug possession and distribution after authorities executed a search warrant at their home. The defendants were taken into custody on Wednesday following a search of the home which revealed steroids, cocaine, oxycodone, marijuana, and other drug paraphernalia. An undisclosed amount of cash was also seized as well as two handguns which were properly registered. The charges for the defendants include two counts of third degree drug possession, third degree drug possession with intent to distribute, third degree distribution, and fourth degree evidence tampering. The retired NYPD officer is being held at the Ocean County Jail in Toms River on $60,000.00 bail.
For additional information, see the Asbury Park Press article entitled "Retired NYPD cop, sons charged in Barnegat with drug possession".
The Brick police department is investigating the robberies of two food deliverymen which may be connected. The robberies of food deliverymen took place about five miles apart and occurred within 3.5 hours of each other Friday night. One deliveryman was delivering pizza and the other Chinese food. The first incident occurred around 7:39 p.m. Friday night when a deliverman from China Express was getting back into his vehicle and was confronted by the perpetrator. The suspect, who was wearing a red Halloween mask, demanded money and threatened to shoot the deliveryman. The suspect did not display a weapon.
The second robbery took place around 11 p.m. and involved a pizza delivery man from Pizza Express. This victim also was confronted upon returning to his vehicle, this time by a white male wearing a blue ski mask. Both perpetrators were wearing a black hooded sweatshirt. Again, the suspect threatened to shoot the victim but not did display a weapon.
Police are investigating these two robberies. Anyone with information should call Detective Burgess at 732-262-1120.
A Jackson man was arrested this past weekend for allegedly selling a fatal heroin dose. According to the Ocean County Prosecutor's Office, the defendant allegedly supplied the heroin which led to a 20-year-old man's overdose this weekend. The defendant is being held in lieu of $1 million bail. The police executed a search warrant at the defendant's home and found 350 bags of heroin and $750.00 in cash. The defendant is charged with possession of heroin, distribution of a controlled dangerous substance (CDS), and causing a drug induced death. The defendant is also facing drug possession charges arising out of an arrest in September when a Jackson police officer allegedly found him to be in possession of 22 decks of heroin. For additional information, see the Asbury Park Press article.
This is a very interesting case. It is extremely rare to see an alleged drug dealer charged with the death of a customer based on an overdose. Who should be held responsible, if anyone, for this 20-year-old man's death? We'll see how this case develops.
Police arrested a Matawan man this past weekend for committing a lewd act in the parking lot at Quick Check. Police received two complaints from women who said they saw a man sitting in the convenience store parking lot fondling himself. In both cases the women, aged 44 and 23, allegedly saw the defendant on a Saturday night in front of Quick Check, located on Route 36 and Union Avenue committing lewd acts in his vehicle. The two incidents allededly occurred on September 12 and October 3. The women gave law enforcement the defendant's license plate number and later identified the defendant as the man they saw in the vehicle. The defendant is charged with two counts of lewdness. He is being held at the Monmouth County Jail in Freehold, New Jersey in lieu of $30,000 bail. For additional information, see the Asbury Park Press article entitled "Matawan man charged committing lewd acts outside Quick Check".
A criminal charge for lewdness in New Jersey is governed by N.J.S.A. 2C:14-4 which provides:
§ 2C:14-4. Lewdness
a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed.
b. A person commits a crime of the fourth degree if:
(1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.
(2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct.
c. As used in this section:
"lewd acts" shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.
A Long Branch firefighter was arrested and charged with drunk driving after he allegedly drove onto a lawn on Forest Street and then tried to flee from police. The defendant is a member of the West Long Branch and Long Branch fire departments. Police attempted to pull over the defendant in his 2002 Ford Explorer but the defendant allegedly fled the scene and parked in a driveway in Long Branch before fleeing on foot. He was eventually apprehended by police and charged with eluding, resisting arrest, criminal mischief, driving while intoxicated (DWI), reckless driving, careless driving, possession of an open container of alcohol in a motor vehicle, and leaving the scene of an accident. As you can see, the police essentially "threw the book" at the defendant and he is facing serious consequences if convicted of these criminal and traffic offenses. For additional information, see the Asbury Park Press article entitled "Firefighter charged with drunken driving in W. Long Branch".
The day before the defendant was scheduled for trial on armed robbery and other charges, he accepted the State's plea offer and plead guilty. The defendant plead guilty to first-degree armed robbery, a weapons offense, and simple assault in connection with a home invasion in Asbury Park in January 2008. The defendant admitted, during the allocution before Judge Ira Kreizman at the Monmouth County Superior Court in Freehold, that the robbery was "a drug deal gone bad". The defendant admitted that he entered the home looking for drugs and took crack cocaine from the premises.
The defendant was facing a seven count indictment with up to 55 years behind bars if convicted at trial. As part of the plea agreement with the Monmouth County Prosecutor's Office, the defendant's first-degree armed robbery charge will be treated as a second-degee charge for sentencing purposes and the State will recommend the maximum (10 years) on that second-degree charge. This 10-year sentence is subject to the "No Early Release Act" in New Jersey, which means that the defendant must serve 85% of his 10-year sentence before he is eligible for parole.
For additional information, see the Asbury Park Press article entitled "Last of 3 defendants in Asbury Park home invasion pleads guilty".
A former school bus driver from Passaic County, New Jersey plead guilty earlier this week in Federal Court to possessing child pornography. The defendant confessed to downloading nearly 400 illegal images on his home computer. The defendant worked as a school bus driver from 1999 until he was arrested in March of this year. Based on these charges, he faces up to ten (10) years in prison under the Federal Sentencing Guidelines. United States District Court Judge Katherine Hayden scheduled his sentencing for January 11.
A vehicle fatally struck a pedestrian in Wall, New Jersey on Route 35 yesterday and then fled the scene. According to police, the motor vehicle accident occurred at 7:06 p.m. on Route 35 North just north of 18th avenue. The victim, whose identity has not been released to the public, was pronounced dead at Jersey Shore Medical Center in Neptune. Anyone with information relating to the accident should call authorities at (732)449-4500.
A charge for vehicular homicide or death by auto in New Jersey is governed by N.J.S.A. 2C:11-5 which provides:
§ 2C:11-5. Death by auto or vessel
a. Criminal homicide constitutes vehicular homicide when it is caused by driving a vehicle or vessel recklessly.
Proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. Proof that the defendant was driving while intoxicated in violation of R.S. 39:4-50 or was operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L. 1952, c. 157 shall give rise to an inference that the defendant was driving recklessly. Nothing in this section shall be construed to in any way limit the conduct or conditions that may be found to constitute driving a vehicle or vessel recklessly.
b. Except as provided in paragraph (3) of this subsection, vehicular homicide is a crime of the second degree.
(1) If the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the prohibited level as prescribed in R.S. 39:4-50, or if the defendant was operating the auto or vessel while his driver's license or reciprocity privilege was suspended or revoked for any violation of R.S. 39:4-50, section 2 of P.L. 1981, c. 512, by the Director of the Division of Motor Vehicles pursuant to P.L. 1982, c. 85, or by the court for a violation of R.S. 39:4-96, the defendant shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, during which the defendant shall be ineligible for parole.
(2) The court shall not impose a mandatory sentence pursuant to paragraph (1) of this subsection unless the grounds therefore have been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the level prescribed in R.S. 39:4-50 or that the defendant was operating the auto or vessel while his driver's license or reciprocity privilege was suspended or revoked for any violation of R.S. 39:4-50, section 2 of P.L. 1981, c. 512, by the Director of the Division of Motor Vehicles pursuant to P.L. 1982, c. 85, or by the court for a violation of R.S. 39:4-96. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.
(3) Vehicular homicide is a crime of the first degree if the defendant was operating the auto or vessel while in violation of R.S. 39:4-50 or section 2 of P.L. 1981, c. 512 while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a school crossing as defined in R.S. 39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(c) driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L. 1987, c. 101 (2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.
It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of this paragraph that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
(4) If the defendant was operating the auto or vessel in violation of R.S. 39:4-50 or section 2 of P.L. 1981, c. 512, the defendant's license to operate a motor vehicle shall be suspended for a period of between five years and life, which period shall commence upon completion of any prison sentence imposed upon that person.
c. For good cause shown, the court may, in accepting a plea of guilty under this section, order that such plea not be evidential in any civil proceeding.
d. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for aggravated manslaughter under the provisions of subsection a. of N.J.S.A. 2C:11-4.
As used in this section, "auto or vessel" means all means of conveyance propelled otherwise than by muscular power.
e. Any person who violates paragraph (3) of subsection b. of this section shall forfeit the auto or vessel used in the commission of the offense, unless the defendant can establish at a hearing, which may occur at the time of sentencing, by a preponderance of the evidence that such forfeiture would constitute a serious hardship to the family of the defendant that outweighs the need to deter such conduct by the defendant and others. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information. Forfeiture pursuant to this subsection shall be in addition to, and not in lieu of, civil forfeiture pursuant to chapter 64 of this title.
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