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

A well known Asbury Park gang member plead guilty to first degree aggravated manslaughter, first degree conspiracy to commit murder, and several weapons offenses in connection with a 2006 shooting which left a 21-year-old dead. In exchange for his guilty plea, the Monmouth County Prosecutor's Office agreed to recommend 30 years in prison for the 22-year-old member of the Bloods. According to the Asbury Park Press article, the victim was shot and killed outside the Frederick Douglas apartment complex on Mattison Avenue in Asbury Park as part of a dispute among members of the same Bloods sect. Several other gang members have also plead guilty in connection with this killing.

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A Maryland man was arrested and charged with sexually assaulting a 12-year-old Manalapan girl this past week. The 18-year-old was arrested early Saturday morning after the alleged victim's parents reported the incident to police. According to the Monmouth County Prosecutor's Office, the assault took place late Christmas night at the victim's home. The alleged sexual conduct is believed to be consensual but, based on the victim's age and the age difference between the parties, the State has charged him with aggravated sexual assault and endangering the welfare of a minor. For additional information, see the Asbury Park Press article entitled "Teen arrested, accused of sexually assaulting 12-year-old Manalapan girl".

In New Jersey, there is not a statutory rape charge. Instead, individuals facing charges like these are charged with aggravated sexual assault 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.

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A decision came down from the Appellate Division last week regarding a defendant's right to a speedy trial in a drunk driving or driving while intoxicated (DWI) case in New Jersey. In State v. Tsetsekas, the Appellate Division held that the defendant's right to a speedy trial was violated when the State repeatedly failed to bring him to trial and there was an extensive delay in adjudicating his DWI charge. This is a violation of his due process rights in New Jersey. This extensive delay, almost one-year to prosecute the defendant for drunk driving, was based on the State's inability to provide discovery evidence (a videotape) and the State's failure to subpoena witnesses and prepare for trial. The State received four adjournments for the failure to provide the discovery evidence and at least three more were granted based on the State's witnesses (the State troopers) failure to appear at trial. As a result, the Appellate Division dismissed the charges against the defendant based on a violation of his due process rights and a violation of his right to a speedy trial in New Jersey. For a complete copy of the judicial opinion, see the New Jersey Judiciary website.

The Iler Law Firm currently has an appeal out of Morris County that is strikingly similar to this case. In our case, the Morristown Municipal Court took approximately 405 days to prosecute our client for driving while intoxicated (DWI). The reason for this extensive delay was the State's failure to provide basic discovery evidence which included the certification card of the officer who operated the breathalyzer machine and the videotape evidence of the field sobriety tests. Without the certification card, the breath test readings are inadmissible and the State can only try the case on the physical tests. However, without the videotape, it would also be very difficult for the State to try the case on the physical tests. As a result, the State requested and received a half-dozen adjournments to provide this discovery evidence. In fact, defense counsel requested and received a "try or dismiss" marking on one occasion and the Court failed to dismiss the case on the next listing and granted the State yet another additional adjournment. Thus, this new Appellate Division decision should really help our case and our argument which is scheduled in February before the Appellate Division in Trenton. I will keep you updated as to how the case finally turns out.

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Four juveniles were charged with theft and burglary following a break in at a Union Beach home on December 9th. Three 16-year-olds and a 17-year-old allegedly broke into a home on Heckelman street on December 9th and stole hundreds of dollars in electronics. Police were able to recover a majority of the stolen goods from the alleged perpetrators. The names of the defendants have not been released since they are juveniles and they were released from custody after being charged on Saturday.

Juveniles charged with criminal offenses such as burglary and theft are treated very differently then adults in New Jersey. These matters will be heard in Family Court at the Superior Court in the county in which the alleged crimes were committed (in this case the Monmouth County Superior Court in Freehold). The standard in Family Court is the best interests of the child or minor. Thus, many of these sentences involve community service, counseling, etc. rather than incarceration. For additional information, see my criminal defense and drunk driving website.

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Three Delaware men were sentenced Friday for their roles in several 2008 armed robberies in Eatontown, New Jersey. The two main Defendants, both aged 20, were sentenced to 15 years in state prison after pleading guilty to robbing the Exxon service station located at Route 35 South and Tinton Avenue and the Cabaret Gentleman's club three days later. The two men were armed with handguns as they assaulted employees and patrons during the robbery of the Cabaret Gentleman's Club. One of the patrons was able to call 911 while the perpetrators were still inside and gave the police a description of the vehicle as well as a Delaware license plate number. The third defendant, also aged 20, was sentenced to three years in state prison for his role as the getaway driver. All three defendants must served 85% of the prison term imposed by State Superior Court Judge Jamie Perri based on the No Early Release Act in New Jersey.

For additional information, see the Asbury Park Press article entitled "3 Delaware men sentenced to state prison".

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A Sayreville man received a 5-year prison sentence for stabbing another patron outside a bar in Hazlet last Christmas. According to the Asbury Park Press article, the Defendant stabbed a Keyport man outside of Legends Bar and Grill the day after Christmas last year after a heated argument inside the bar spilled outside into the parking lot. As the Keyport man was smoking a cigarette outside the bar, the Defendant pulled a knife to the victim's neck before stabbing him twice in the lower back. The Defendant fled the scene with another man but not before they attacked another patron who tried to take a picture of their license plate. The Defendant was not apprehended for three months following the incident when police found him at his girlfriend's apartment in Old Bridge. State Superior Court Judge Anthony Mellaci Jr. sentenced the Defendant to a five-year prison term and the Defendant must serve 85% of this prison sentence based on the No Early Release Act.

This is a very lenient sentence as far as I am concerned. This Defendant could have easily received ten years or more in prison based on his actions. His defense attorney negotiated a very favorable plea deal with the Monmouth County Prosecutor's Office.

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A Brick man, who is currently on probation for other charges, was arrested and charged with kidnapping, carjacking, and simple assault after he forced his way into his ex-girlfriend's vehicle and tried to drive away. The Defendant was on probation for a gun possession charge in connection with a shooting in 2007 that left his brother dead. According to reports, the Defendant is facing ten (10) years for a violation of this probation. This 10-year term does not include the additional time he is facing on the new kidnapping, carjacking, and simple assault charges.

For additional information, see the Asbury Park Press article.

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A Dunkin' Donuts manager was arrested and charged with stealing $20,000 from his Atlantic Highlands store over the past several months. The defendant worked as a manager of this Atlantic Highlands location for about five years. The defendant was charged with theft by failure to make required disposition of property. The defendant was in charge of making the day's bank deposits for the store but apparently merely filled out deposit slips to provide to his employer but failed to actually deposit any of the funds in the bank. The employer noticed a problem and reported it to the police. Please see the Asbury Park Press article for further information.

For additional information on theft, robbery, and burglary in New Jersey, please see my website at the Iler Law Firm.

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