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

I have had so many friends and colleagues asking me lately about disorderly conduct and Snooki's famous disorderly conduct charges in Seaside Heights, New Jersey. In fact, I was recently cited in an AOL News article on Snooki's case entitled, "Snooki arrested for being Snookie: What Defines Disorderly Conduct?". Here is a brief explanation of the charges Snookie is facing as well as the likely resolution of the case.

Snooki has been charged with disorderly conduct, a criminal offense in New Jersey, which is governed by N.J.S.A. 2C:33-2. The statute provides:

§ 2C:33-2. Disorderly conduct

a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he

(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or

(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.

b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

Disorderly conduct is a "disorderly persons offense" in New Jersey which is similar to a misdemeanor. A disorderly persons offense typically results in a maximum of six (6) months in prison if convicted. However, because Snooki's disorderly conduct charge is a "petty disorderly persons offense", the maximum penalty is only thirty (30) days in jail. Further, because it appears she has no prior record, even if she was convicted of this offense she would not usually be sentenced to incarceration.

Most of these cases result in a plea bargain with the prosecutor to a downgraded charge known as a municipal ordinance. Right now if she was convicted of this disorderly conduct charge, she would have a criminal charge on her permanent record and she would not be able to expunge the charge off of her record for five (5) years. However, most times the prosecutor offers a downgrade to a violation of a municipal ordinance which is not a criminal charge and will not result in a criminal record. This municipal ordinance is typically for a noise violation or a general disorderly conduct violation. A violation of a municipal ordinance is on the level of a littering ticket or a urinating in public ticket. The defendant pays a fine and the case is resolved. Most prosecutors offer these type of downgrades to avoid the time and expense of a trial and to keep the court calendar moving. If every case went to trial and they did not offer plea bargains the Municipal Court system in New Jersey would come to a stop and would not be able to operate effectively. As a result, my prediction is Snooki is offered and accepts a plea bargain to a municipal ordinance and pays a fine. We'll see if I am right.

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

The Iler Law Firm has been retained to represent the defendant charged with disorderly conduct in the famous "Fireman Ed" incident which occurred at the Giants/Jets Preseason game last week. For information on the story, please see the article entitled, "New York Jets Superfan, Fireman Ed Shows His Angry Side". Also, a video of the footage can be found on youtube.

Our client eagerly awaits his day in court. As the video footage clearly shows, our client did nothing wrong and was in fact assaulted several times by Fireman Ed. We'll see how this case turns out.

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

The Iler Law Firm is pleased to announce that Ron A. Venturi, Esq. has joined the firm. Mr. Venturi is a former Municipal Court Judge in Irvington and Newark and is currently the head Municipal Prosecutor in Hoboken, New Jersey. He also currently serves as the Municipal Public Defender in Irvington.

Mr. Venturi graduated from Seton Hall University School of Law in 1986 and is a former member of the Supreme Court of New Jersey, Municipal Court Committee. He is also an active member in the Essex County, Monmouth County, and Ocean County Bar Associations. Mr. Venturi's practice centers on criminal defense and prosecution and he would be happy to answer any questions at (732)842-7787.

The Iler Law Firm now has two former Municipal Court judges on staff with Alexander B. Iler and Ron A. Venturi. Their wealth of knowledge in the criminal arena is a major asset for the firm.

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

A 46-year old Farmingdale man has been charged with leaving the scene of a fatal accident and causing the death of a person while driving with a suspended driver's license. According to the the Asbury Park Press article and the Monmouth County Prosecutor's Office, the defendant was driving an ice cream truck in Wall Township last year when he ran over a man who had fallen down in the road. The defendant denies these charges and will enter a not guilty plea at his arraignment. The allegations are that the defendant left the scene of the accident and failed to report the accident but he was identified as the driver of the vehicle by witnesses. The defendant is free on $250,000.00 bail and faces up to ten (10) years in prison if convicted of these charges.

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

Police arrested an Eatontown man Tuesday in connection with the robbery of four (4) gas stations in three towns over a five day period. According to the Asbury Park Press article, "Michael Mazza, 36, of Livingston Court, was charged Tuesday with four counts of robbery, possession of a controlled dangerous substance, possession of drug paraphernalia, purposely causing bodily injury, two counts of possession of a weapon and criminal attempt to commit robbery." The defendant was charged with robbing gas stations in West Long Branch, Eatontown, and Ocean Township in very similar scenarios in which he allegedly threatened attendants and took off with approximately $200 to $300 each incident. The defendant is being held at the Monmouth County Jail in Freehold, New Jersey on $130,000 bail.

The statute governing robbery charges in New Jersey is N.J.S.A. 2C:15-1 which provides in pertinent part:

§ 2C:15-1. Robbery

a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:

(1) Inflicts bodily injury or uses force upon another; or

(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or

(3) Commits or threatens immediately to commit any crime of the first or second degree.

An act shall be deemed to be included in the phrase "in the course of committing a theft" if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.

b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.

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

Monmouth County Superior Court Judge Ira E. Kreizman set a $3 million bail for a Holmdel man whose murder conviction was recently overturned by the Appellate Division. The defendant was convicted of murdering his wife, whose body was found inside her vehicle in a remote area of the PNC Bank Arts Center in 2005. The Appellate Division overturned this conviction earlier this week based on the improper admission of hearsay statements of the victim. For additional information, see the Asbury Park Press article entitled "$3M bail for Holmdel man with overturned murder conviction."

It is very common to see mistakes made and improperly admitted evidence when it comes to hearsay. The definition of hearsay is "an out of court statement offered for the truth of the matter asserted". For example, if I testify in court that actor A told me he was going to the gym at 5 to prove that he went to the gym at 5, this is a hearsay statement. I am offering the statement which was previously made to me to prove the truth of the statement. In this case, the judge allowed the State to offer previously made statements of the victim that she intended to end her marriage to prove that she intended to end her marriage (thus giving her husband motive to kill her). This is classic hearsay and should not have been admitted. Moreover, hearsay can be admitted in certain situations if one of the hearsay exceptions apply. For example, admissions of a party is an exception to the hearsay rule. Thus, if I am a defendant in a criminal case for assault and I told the police previously that I punched the victim in the eye, this is hearsay but would be admissible based on the "admission of a party" exception to the hearsay rule. Here, the State argued that the "state of mind" exception to the hearsay rule applied to show the state of mind of the victim in that she intended to leave her husband and end the marriage. However, this exception did not apply and should not have been used because the state of mind of the victim was not a point at issue and was irrelevant to the case. The hearsay statement was being offered not to show the state of mind of the victim but instead to show that the statement was true and that her husband had a motive to murder her. Thus, the Appellate Division overruled the conviction and the case may go to trial again if it does not result in a plea agreement.

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

The Monmouth County Prosecutor's Office dismissed a murder charge against a nurse who previously worked at the Jersey Shore Medical Center. The woman was previously charged with murdering a 72-year-old patient by giving him an an unprescribed paralytic medication that would "make him comfortable" since his situation was terminal. Now, Superior Court Judge Francis J. Vernoia, at the request of the Monmouth County Prosecutor's Office, dismissed the murder indictment as the state would not have been able to prove the charges beyond a reasonable doubt.

If the defendant had been convicted at trial, she was facing thirty (30) years to life in prison. However, she refused to take a plea offer in February to assault which would have resulted in a probationary sentence. This shows tremendous resolve on the part of the defendant as she was willing to risk significant jail time to prove her innocence. For additional information on this case, see the Asbury Park Press article entitled, "Jersey Shore nurse Lorie Hentges: Murder charge dismissed".

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

The Iler Law Firm has been retained to represent a client charged with an alleged fraudulent check cashing scheme in Somerville, Bridgewater, Hillsborough, Raritan, and Green Brook. For additional information, see the article on NJ.com entitled "Middlesex man charged for cashing fake checks at TD Bank branches in Somerville, Bridgewater, Hillsborough, Raritan, Green Brook".

In New Jersey, N.J.S.A. 2C:21-5 governs bad check offenses and provides in pertinent part:

§ 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.

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

A very bizarre story in the Asbury Park Press this morning. Two men have been charged with robbery and sexual assault after allegedly robbing a man at knifepoint and sexually assaulting him. The robbery and assault allegedly occurred earlier this month at a motel on Route 9. According to the article, two men held the motel guest down (another man) at knifepoint, threatened to kill him, stole $1,200.00 in cash, a cell phone and a wallet from the man, and sexually assaulted him. The defendants are charged with conspiracy, robbery, aggravated sexual assault, criminal restraint, terroristic threats, and illegal weapons possession. They are both being held at the Ocean County Jail in Toms River, New Jersey with bail amounts of $500,000 and $230,000 respectively.

It is very rare to see a robbery and a sexual assault committed by two men on another man. These charges are obviously extremely serious as you can see from the high bail amounts and both defendants are facing many years in jail if convicted of these crimes.

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

I often represent clients who are facing a Final Restraining Order (known as an "FRO) in New Jersey. Essentially, after a Temporary Restraining Order ("TRO") is issued, a Final Restraining Order hearing must be held within ten (10) days. This hearing will be held at the Superior Court in the county in which the restraining order was issued. For example, if the restraining order was issued in Woodbridge, New Jersey, the hearing will be conducted at the Middlesex County Superior Court in New Brunswick, New Jersey. Municipal Courts do not deal with restraining orders in New Jersey.

There are many factors that the court will consider at the FRO hearing including a previous history of domestic violence between the parties (including any threats, harassment, and physical abuse), the existence of immediate danger to person or property, the financial circumstances of the parties, and the best interests of the victim and any children.

There is also a wide range of relief the Court can grant if a Final Restraining Order is issued. Pursuant to N.J.S.A. 2C:25-29, this relief includes:

(1) An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.

(2) An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties. This order shall not in any manner affect title or interest to any real property held by either party or both jointly. If it is not possible for the victim to remain in the residence, the court may order the defendant to pay the victim's rent at a residence other than the one previously shared by the parties if the defendant is found to have a duty to support the victim and the victim requires alternative housing.

(3) An order providing for parenting time. The order shall protect the safety and well-being of the plaintiff and minor children and shall specify the place and frequency of parenting time. Parenting time arrangements shall not compromise any other remedy provided by the court by requiring or encouraging contact between the plaintiff and defendant. Orders for parenting time may include a designation of a place of parenting time away from the plaintiff, the participation of a third party, or supervised parenting time.

(a) The court shall consider a request by a custodial parent who has been subjected to domestic violence by a person with parenting time rights to a child in the parent's custody for an investigation or evaluation by the appropriate agency to assess the risk of harm to the child prior to the entry of a parenting time order. Any denial of such a request must be on the record and shall only be made if the judge finds the request to be arbitrary or capricious.

(b) The court shall consider suspension of the parenting time order and hold an emergency hearing upon an application made by the plaintiff certifying under oath that the defendant's access to the child pursuant to the parenting time order has threatened the safety and well-being of the child.

(4) An order requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of domestic violence. The order may require the defendant to pay the victim directly, to reimburse the Victims of Crime Compensation Board for any and all compensation paid by the Victims of Crime Compensation Board directly to or on behalf of the victim, and may require that the defendant reimburse any parties that may have compensated the victim, as the court may determine. Compensatory losses shall include, but not be limited to, loss of earnings or other support, including child or spousal support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged or destroyed or taken by the defendant, cost of counseling for the victim, moving or other travel expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering. Where appropriate, punitive damages may be awarded in addition to compensatory damages.

(5) An order requiring the defendant to receive professional domestic violence counseling from either a private source or a source appointed by the court and, in that event, requiring the defendant to provide the court at specified intervals with documentation of attendance at the professional counseling. The court may order the defendant to pay for the professional counseling. No application by the defendant to dissolve a final order which contains a requirement for attendance at professional counseling pursuant to this paragraph shall be granted by the court unless, in addition to any other provisions required by law or conditions ordered by the court, the defendant has completed all required attendance at such counseling.

(6) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members.

(7) An order restraining the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim or other family members, or their employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.

(8) An order requiring that the defendant make or continue to make rent or mortgage payments on the residence occupied by the victim if the defendant is found to have a duty to support the victim or other dependent household members; provided that this issue has not been resolved or is not being litigated between the parties in another action.

(9) An order granting either party temporary possession of specified personal property, such as an automobile, checkbook, documentation of health insurance, an identification document, a key, and other personal effects.

(10) An order awarding emergency monetary relief, including emergency support for minor children, to the victim and other dependents, if any. An ongoing obligation of support shall be determined at a later date pursuant to applicable law.

(11) An order awarding temporary custody of a minor child. The court shall presume that the best interests of the child are served by an award of custody to the non-abusive parent.

(12) An order requiring that a law enforcement officer accompany either party to the residence or any shared business premises to supervise the removal of personal belongings in order to ensure the personal safety of the plaintiff when a restraining order has been issued. This order shall be restricted in duration.

(13) (Deleted by amendment, P.L. 1995, c. 242).

(14) An order granting any other appropriate relief for the plaintiff and dependent children, provided that the plaintiff consents to such relief, including relief requested by the plaintiff at the final hearing, whether or not the plaintiff requested such relief at the time of the granting of the initial emergency order.

(15) An order that requires that the defendant report to the intake unit of the Family Part of the Chancery Division of the Superior Court for monitoring of any other provision of the order.

(16) In addition to the order required by this subsection prohibiting the defendant from possessing any firearm, the court may also issue an order prohibiting the defendant from possessing any other weapon enumerated in subsection r. of N.J.S.A. 2C:39-1 and ordering the search for and seizure of any firearm or other weapon at any location where the judge has reasonable cause to believe the weapon is located. The judge shall state with specificity the reasons for and scope of the search and seizure authorized by the order.

(17) An order prohibiting the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person. Behavior prohibited under this act includes, but is not limited to, behavior prohibited under the provisions of P.L. 1992, c. 209.

(18) An order requiring the defendant to undergo a psychiatric evaluation.

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

A charge for underage gambling in New Jersey can have serious consequences for a young person. Under N.J.S.A. 5:12-119, an underage gambling charge is a disorderly persons offense which means it is a criminal charge and will lead to a permanent criminal record if convicted. Moreover, the statute requires a fine between $500 and $1000 and a six (6) month license suspension.

The real issue with these underage gambling charges is there are no plea bargains offered by the State. Thus, the State requires the defendant to either plead guilty to the charge or stand trial. As a result, it is imperative that you contact an experienced criminal defense lawyer to represent you at trial. There is no reason to plead guilty to the offense: take the case to trial and make the State prove the charges against you beyond a reasonable doubt. Many times the State's witnesses fail to appear and the case can be dismissed against you. Regardless, it is essential for your future that you defend yourself at trial and attempt to avoid a permanent criminal charge on your record. This can have serious implications in terms of employment and educational opportunities. If convicted, you can file for an expungement of the conviction five (5) years after the disposition of your sentence.

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

A 28-year-old Howell man has been charged with possession and distribution of child pornography according to the Asbury Park Press. The defendant is facing three counts of endangering the welfare of a child. The first is a second degree offense for allegedly distributing pornographic images of children. The other two counts are fourth degree offenses for allegedly possession videos which contain child pornography. The defendant is being held at the Monmouth County Jail in Freehold, New Jersey on $80,000.00 bail.

These are very serious charges as a second degree offense includes between five (5) to ten (10) years in prison if convicted and there is a presumption of incarceration (meaning that a probationary sentence is unlikely). The other two charges, fourth degree offenses, include up to eighteen (18) months in jail for each count. Moreover, because of the sexual nature of the crimes, the defendant is facing Megan's Law registration requirements if he pleads guilty or is convicted of these offenses.

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

Many times clients come into my office asking about "ISP", which is the Intensive Supervision Program in New Jersey. The ISP program in New Jersey is a program for certain defendants who have been sentenced to jail time and have served a certain amount of jail time. ISP allows them to get back into the community before they are eligible for parole. The first question is whether or not you are eligible for ISP. You are eligible for ISP if you have been convicted and sentenced to state prison unless the crime was a homicide (including vehicular homicide), robbery, or a sex offense. Also, any conviction for a first degree offense in New Jersey makes you ineligible for ISP. Anyone else can apply for the program.

To apply for ISP, you should contact an experienced criminal defense lawyer who can assist you in filling out an application. An attorney will also be able to help you throughout the ISP process. A Screening Board will review your application and will recommend you for the program or deny your application. If you are recommended by the Screening Board, your application will then be considered by a Panel of Judges who have the final say.

After you apply for the program, your pre-sentence report will be reviewed by the Screening Board. You will receive a rejection letter if you are not considered a viable candidate. Otherwise, you will be contacted to be interviewed by an officer. The officer will want to know what your plans for living, employment, and treatment if you are released from incarceration. You must also identify some community support members who will assist you if you are released into the population.

Finally, if you are accepted into ISP and you are approved by the Resentencing Panel of Judges, you will be immediately released from prison. The ISP program is a very intense, strict program and you must comply with all the requirements while out in the community.

For additional information on ISP, please contact my office for immediate assistance at (732)842-7787.

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

A few months ago I posted an article about a defendant who attacked his own attorney during his trial at the Ocean County Superior Court in Toms River, New Jersey. Now that the defendant was found guilty by a jury of his peers, the defendant has also been charged with aggravated assault in connection with this attack on his own lawyer. According to the Asbury Park Press article entitled, "Neptune man's sentencing delayed by charges of attacking his lawyer", the defendant was charged with aggravated assault with a deadly weapon (the microphone stand in the courtroom) which is a 2nd degree offense and includes five (5) to ten (10) years in prison if convicted. The defendant is already facing life in prison based on the jury verdict and his prior criminal record.

According to the article, the defense attorney declined to press charges against the defendant for the assault. However, the sheriff's officers in the courtroom signed criminal complaints against the defendant. Wow, this defense attorney is quite a trooper. He gets attacked by his own client in court and then continues with the trial and argues to the jury that the defendant should be found innocent. Then, after the trial is over when he had the opportunity to pursue assault charges against his client, he declines to do so.

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

The vehicular homicide trial based on a drunk driving crash continues at the Monmouth County Superior Court in Freehold, New Jersey before the Honorable Ira E. Kreizman, J.S.C. As I previously discussed last week, this case is based on a drunk driver who led the police on a high speed chase and crashed into a man on a motorcycle, killing the other driver. However, the other driver was also intoxicated and defense witnesses testified this week that the motorcyclist was following the car in front of him too closely and the accident could have been avoided if he was following three (3) seconds behind the car in front of him rather than the 1.5 seconds which led to the crash. Further, the defense argued that the other driver's intoxication levels (which were over the legal limit in New Jersey) led to the accident which could have been avoided if the other driver wasn't drunk. For additional information, see the Asbury Park Press article entitled, "Freehold Township crash defense witness says biker who was killed was intoxicated".

This is an interesting defense strategy and it just may work. The defense is trying to get the jury to conclude that the accident could have been avoided because the other driver (not the Defendant) was drunk. However, it is still difficult to get around the facts which show that the Defendant was running from the police at a high rate of speed, the Defendant was also drunk, and the Defendant crashed into the other driver on a motorcycle which led to his death. We'll see which way the jury goes on this one.

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

An undercover operation led to 19 arrests for soliciting prostitution in Asbury Park this past weekend. According to the Asbury Park Press article, the 19 arrested defendants offered the undercover officer amounts ranging from $10 to $100 in exchange for her performing a sex act. This undercover operation was run on Friday from 11 a.m. to 5 p.m.

Charges for prostitution in New Jersey are governed by N.J.S.A. 2C:34-1 which provides:

§ 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.

d. Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.

e. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77.

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

It is a lot of fun to try cases but it is also entertaining to see how other trials unfold and the trial techniques of other attorneys around the State of New Jersey. A trial began yesterday at the Monmouth County Superior Court in Freehold, New Jersey which involves a drunk driving crash which took the life of the victim who was riding on a motorcycle. The defendant is charged with vehicular homicide, aggravated manslaughter, eluding police, aggravated assault, and other charges in connection with an October 7, 2007 which resulted in the death of one man. In this case, the defendant was unlicensed and running from the police in a high speed chase when he collided with a man on a motorcycle who did not survive the crash. According to the Asbury Park Press article, the defendant's blood alcohol content (BAC) was .11%. The legal limit in New Jersey is .08%. However, the defense argued that the victim was at fault because the victim was also drunk driving and his blood alcohol contect (BAC) was .145%. The defense argued in their opening statement that the victim could have avoided the accident if he wasn't driving under the influence of alcohol. The assistance prosecutor for Monmouth County showed videotape footage of the accident which apparently effected the jury immensely.

From a defense attorney's perspective, this looks like a very difficult case for the defense to win. Whether or not the other driver was under the influence, the defendant was running from the police at a high rate of speed and crashed into the victim who did not survive. I will be very surprised if the State does not get a guilty verdict from the jury in this case. We will see how this trial turns out.

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

The Iler Law Firm has been retained to represent a juvenile in Monmouth County Superior Court in Freehold, New Jersey who has been charged with possession of a firearm at an educational institution. According to the Asbury Park Press article entitled "Cops: NJ teens brought gun on high school bus", three teens were arrested and charged with weapons offenses over the weekend after reports that two Monmouth Regional High School students had brought a gun on a school bus. For additional information, please see the Asbury Park Press article.

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

A Long Branch man who had previously plead guilty to charges of having sexual contact with two young girls has withdrawn his guilty plea based on statements he made to an investigator to the Adult Diagnostic and Treatment Center that he didn't commit the crimes to which he had plead guilty. The Defendant plead guilty to one count of criminal sexual contact and two counts of child endangerment in connection with two young girls from the 1990s. Then, he was interviewed by an investigator from the Adult Diagnostic and Treatment Center and told the investigator that he didn't commit the crimes and the only reason he plead guilty was because he was guaranteed probation and no jail time. As a result, the Judge has postponed the sentencing and the Defendant may withdraw his plea and proceed to trial. For additional information on this story, see the Asbury Park Press article entitled, "Long Branch man denies guilt in sex assault, sentencing placed on hold".

This is an issue I have seen in court many times. Defendants often plead guilty and must provide a factual basis for their guilty plea in court before the Judge. However, many defendants secretly maintain their innocence and only enter a guilty plea based on the plea agreement and the leniency of the penalties involved (for example, to stay out of jail). In this case, the defendant entered his plea but then made inconsistent statements to the investigator as part of the pre-sentence report. This is the report that is provided to a Superior Court judge after a plea is entered so that the Judge is fully aware of the defendant's background, educational history, work history, record, etc. This allows the Judge to be fully informed when sentencing a defendant. Here, the pre-sentence report was inconsistent with the guilty plea placed on the record and, therefore, the plea was withdrawn.

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

Atlantic Highlands police have apprehended a suspect who kicked out the rear window of a patrol car vehicle and escaped on foot despite being in handcuffs. The defendant was apprehended on Monday around 4 p.m. in Middletown with two other suspects who were allegedly aiding him with his escape. On Sunday, the defendant and his passenger were stopped on a routine traffic violation in Atlantic Highlands when marijuana was found in their vehicle. As police officers used a K-9 dog to search for drugs in the vehicle, the defendant, who was handcuffed and in the back of a police vehicle, kicked out the side window of the police patrol car and escaped on foot.

According to the Asbury Park press article entitled, "Handcuffed suspect who escaped in Atlantic Highlands is apprehended", "[c]harges against [the defendant] include escape, possession of a controlled dangerous substance with intent to distribute, criminal mischief related to the police car door and window he damaged, and theft related to officers' handcuffs he was wearing when he escaped." The defendant is being held in the Monmouth County Jail in Freehold, New Jersey in lieu of $115,000.00 bail out of Atlantic Highlands and $20,000.00 bail out of Middletown.

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

A former deputy mayor of Asbury Park received a 41-month prison sentence on Monday for accepting bribes from an FBI informant. This federal operation, known as "Operation Big Rig", was a federal corruption sting that saw many public officials busted in 2005. In this case, the former deputy mayor accepted a $2,000.00 bribe and a free paving of his driveway from an FBI informant who was posing as a contractor looking for city jobs. The official was convicted of conspiracy to commit extortion, attempted extortion, bribery, making false statements, and attempted witness tampering. The defendant was sentenced in United States District Court by the Honorable Jose L. Linares to 41 months in prison. The defendant must turn himself in by May 31. More than 20 public officials were convicted as a result of Operation Big Rig, a joint investigation into corruption in New Jersey by the FBI and the US Attorney's Office.

For additional information on this story, see the Asbury Park Press article entitled, "Big Rig Finale: 3+ years for ex-official".

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

Two Monmouth University students were arrested and charged after police found one of their wallets at the scene of a stolen vehicle in Long Branch and linked them to the crime. The pair have been charged with two counts each of burglary and theft as the teens allegedly stole that vehicle as well as burglarized another vehicle in Long Branch that evening. Then, the teens crashed one of the stolen vehicles on Route 78 in Springfield, New Jersey and allegedly fled the scene of the motor vehicle accident. For additional information, see the Asbury Park press article entitled "Two Monmouth U. students charged with stealing car in Long Branch".

My office represents many Monmouth University students charged with criminal and traffic offenses in Long Branch and Ocean Township. These offenses typically involve underage possession of alcohol, possession of marijuana, or disorderly conduct. However, in this case the charges of burglary and theft are much more serious and these are "indictable criminal charges" and must be handled at the Monmouth County Superior Court in Freehold, New Jersey.

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

I am currently on trial at the Monmouth County Superior Court in Freehold, NJ with the former Deputy Mayor of Howell Township who is charged with Theft by Deception and Official Misconduct. For information on the trial, see the Asbury Park Press article entitled, "Ex-official charged with $17G theft from Howell Public Works".

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

A Little Silver woman was sentenced to five (5) years in state prison earlier this month for diverting nearly $1 million from Aberdeen condominium owners. The Defendant was ordered to pay $758,000.00 in restitution and was sentenced to a "five year flat" sentence in Monmouth County Superior Court based on her mishandling of funds with the help of her mother which saw them use condo association funds for personal trips and clothing. The mother and daughter defendants also opened credit cards in the condominium association's name and used them for personal expenses. Further, according to the Asbury Park Press article, "[t]he pair also wrote out numerous bad checks totaling more than $75,000 to vendors in Little Silver, Red Bank and Holmdel from September 2006 until February 2007."

Based on these charges, the defendant plead guilty and received a "five year flat sentence". This means that the defendant will typically be eligible for parole after 15 months. If the defendant had received a 5 year sentence with 85%, under New Jersey's No Early Release Act, the defendant would serve 85% of her five year sentence or 51 months before she would be eligible for parole.

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

A criminal defendant from Neptune attacked his Public Defender during a trial at the Ocean County Superior Court in Toms River on Tuesday. The Defendant, who is facing a multitude of charges including aggravated assault on a police officer and eluding police, smacked his lawyer in the face above his eye during the trial and right in front of the jury. I wouldn't say that this is the best strategy to win over a jury. Then, later in the afternoon, the Defendant, now shackled because of the first outburst, grabbed a microphone from the defense table and threw it at his attorney who blocked the object with his foot. For an image of this throw and the block by this lawyer, please see the Asbury Park Press article entitled, "Defendant attacks his own lawyer twice in court". Even after the Defendant attacked his lawyer twice, the Public Defender gave his summation to the jury and asked them to acquit the defendant on these charges. What a trooper huh? I have to say, it would have been difficult to continue to represent someone who just assaulted me and it also would have been difficult not to retaliate after being smacked in the face by another human being. In any case, thankfully I have never been assaulted by a client during a trial and hopefully never will be.

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

A Long Branch man plead guilty Monday to charges of aggravated manslaughter and armed robbery in Monmouth County Superior Court and faces up to 50 years in state prison as a result of the plea. The Defendant had his 2006 murder convicted overturned on appeal by the New Jersey Appellate Division based on several errors made by the trial court. According to the Asbury Park Press article, "Bruce D. Beacham Jr., 29, was found guilty of felony murder and aggravated manslaughter by a Monmouth County trial jury in the May 10, 2004 shooting death of 22-year-old Luis Gonzalez during an armed robbery of the man's Long Branch apartment." The Defendant admitted, as a factual basis for his guilty plea, that he and his co-consirator broke into the victim's apartment in search for drugs and money but were interrupted when the victim and his friends returned to the apartment. The Defendant was struggling with the victim when his gun fired and hit the victim in the head. Following the trial in 2006, the Defendant was sentenced to 40 years in State prison. As a result, it looks like although the appeal was successful and the case was remanded back to Monmouth County Superior Court for trial, the Defendant and his attorney decided to plead guilty rather than take the case to trial a second time.

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

A Monmouth County Board of Freeholders created a panel this past week to study whether the Monmouth County Jail, located in Freehold, New Jersey, down the street from the Monmouth County Superior Court, should be privatized. Currently, the 1,328-bed facility is run by the State and is currently paid for by the county tax levy.

According to the Asbury Park Press article entitled "Panel formed to study privatizing county jail", there are currently no county jail systems in New Jersey run by private companies but Camden County is also considering privatizing their facility. According to the article, public employee union contracts for the 300 corrections officers are no longer sustainable. The Monmouth County Jail's payroll for last year was $36.5 million.

It appears that the corrections officers are not happy about this possibility of privatization. I can't blame them. From my experience, the Monmouth County Jail is run very well and is a highly functioning facility. I am at the jail on a weekly basis meeting with clients and I have never experienced any issues or problems with the jail. As you might expect, that is not always the case when it comes to jails. As a result, I think the jail should remain a publicly funded and run facility.

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

In New Jersey, we have some of the most strict gun laws in the nation. In particular, the Graves Act , N.J.S.A. 2C:43-6, requires mandatory jail time and periods of parole ineligibility for certain gun offenses as well as for certain other offenses which were committed while in possession of a firearm. As a result, it is difficult to plea bargain many of these cases. This leads to more trials like the recent gun trial in Monmouth County in which we obtained a not guilty verdict from the jury.

Specifically, the Graves Act in New Jersey provides for mandatory imprisonment and parole ineligibility for certain crimes including:

• Sawed Off Shotgun Possession - N.J.S.A. 2C:39-3(b)
• Possession of a Defaced Firearm - N.J.S.A. 2C:39-3(d)
• Possession of a Firearm for an Unlawful Purpose - N.J.S.A. 2C:39-4(a)
• Unlawful Possession of a Machine Gun - N.J.S.A. 2C:39-5(a)
• Unlawful Possession of a Handgun - N.J.S.A. 2C:39-5(b)
• Unlawful Possession of a Rifle or Shotgun - N.J.S.A. 2C:39-5(c)
• Certain Persons Not to Have Weapons - N.J.S.A. 2C:39-7
• Manufacture, Transport of a Machine Gun - N.J.S.A. 2C:39-9(a)
• Manufacture, Transport of a Sawed Off Shotgun - N.J.S.A. 2C:39-9(b)
• Manufacture, Transport of Defaced Firearms - N.J.S.A. 2C:39-9(e)
• Manufacture, Transport of Assault Firearms - N.J.S.A. 2C:39-9(g)

Further, if the Defendant is accused of committing or attempting to commit any of the following offenses while using or in possession of a firearm, the Graves Act requires mandatory prison time and parole ineligibility:

• Homicide - N.J.S.A. 2C:11-3
• Manslaughter - N.J.S.A. 2C:11-4
• Aggravated Assault - N.J.S.A. 2C:12-1(b)
• Kidnapping - N.J.S.A. 2C:13-1
• Sexual Assault - N.J.S.A. 2C:14-2(a)
• Aggravated Sexual Contact - N.J.S.A. 2C:14-3(a)
• Robbery - N.J.S.A. 2C:15-1
• Burglary - N.J.S.A. 2C:18-2
• Escape - N.J.S.A. 2C:29-5

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

A Long Branch police officer has been arrested and suspended from the force after he was charged with second degree aggravated assault in connection with an altercation outside a nightclub. The alleged assault of a 33-year-old Neptune man resulted in a broken jaw among other injuries. The police officer has been suspended from his job without pay. According to the Asbury Press Article, the officer was involved in the January 31 assault outside the Headliner Night Club in Neptune, New Jersey. The police officer was released on $25,000 bail with a 10% option.

This sounds like a typical bar fight or altercation outside of a bar or nightclub. Many times, individuals have too much to drink and get involved in incidents that they otherwise would not have been involved in. We'll see if the officer has any claims for self-defense or that this was a consensual fight that he happened to get the best of. This will change the types of penalties and jail time that he may be facing. However, because it is a 2nd degree charge for aggravated assault, there is a presumption of incarceration associated with any second degree crime even if the defendant has no prior record. We'll see how this case develops.

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

In a recent Asbury Park Press article, Little Silver residents have been warned regarding a recent series of burglaries in the area. On February 10th or 11th, a burglar entered a garage of a residence on Little Silver Point Road. On Tuesday or Wednesday of last week a home on Riverview Avenue was burglarized and two more homes on Paag Circle were also burglarized. All the burglaries happened sometime between the late evening and early morning hours and electronics and jewelry were stolen from the homes involved. Police are reminding residents to lock the doors and windows to their homes and activate their home alarm systems if they have them.

Anymore with information regarding these recent burglaries in Little SIlver is asked to contact Detective Sgt. Daniel Shaffery or Patrolman Gregory Oliva at (732)747-5900.

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

The Iler Law Firm recently tried a case at the Monmouth County Superior Court in Freehold, New Jersey. Our client, a 22-year-old defendant from Long Branch , was charged with unlawful possession of a weapon in the second degree. He was facing a ten-year jail sentence if convicted with a 5-year minimum term of parole ineligibility. In other words, he would have served at least 5 years in state prison before he would have been eligible for parole if convicted of this crime.

Alexander M. Iler and I tried the case at the Monmouth County Superior Court. The parties selected a 14 person jury (12 jurors and 2 alternates) and the State put on their case. Then, the defendant presented his case to the jury and testified on his own behalf. Both sides presented their closing arguments and the case went to the jury for a verdict. Following a short deliberation, the jury returned a verdict of "not guilty" and the defendant was free to go. This was an extremely exciting time for the defendant, his family, and the Iler Law Firm. As you can imagine, this young man's life would have been very different had he been found guilty and spent a minimum of five (5) years in state prison. This result was extremely rewarding to the firm.

 

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

Under New Jersey law, after fifteen (15) years, individuals who have been convicted of certains sex crimes can move to terminate the obligation to register and/or be released from parole supervision. Megan's Law became effective on 10/31/94 so many individuals are now eligible to be removed from Megan's Law registration requirements if certain criteria are met.

A Motion to be removed from Megan's Law must be filed with the Assignment Judge in the County in which you were convicted of a sex crime. A copy of this motion must be sent to the County Prosecutor's Office in the County in which you were convicted or plead guilty. The Motion must include the date of conviction. Also, you should consult an experienced criminal defense attorney to determine whether or not you are eligible for removal. For example, certain crimes like first degree aggravated sexual assault or a sexual assault on a minor prevent you from filing this Motion for Removal. In the motion, you must show the Court that you are no longer a threat to the community and you have not committed any other offenses. Remember, fifteen (15) years must have elapsed since the date of conviction for you to be eligible for removal. Finally, many Judges are requiring a psychological evaluation and report as part of the Motion for Removal.

If you are interested in filing a Motion for Removal from Megan's Law, please contact myself or Alexander Iler at (732)842-7787.

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

Here are some potential resolutions/outcomes to Juvenile cases which are held in Superior Court, Family Division in New Jersey.

Juvenile Conference Committee: A Juvenile Conference Committee is comprised of a group of citizens who have been trained to conduct these hearings and volunteer to participate in the panel. These members of the Committee have been appointed by the Presiding Judge of the Family Division in the County in which the juvenile is charged. The parent or guardian, the juvenile, and the complainant or victim are allowed to participate and discuss the alleged charges with the Committee as well as any surrounding factors. The Committe does not determinen the guilt or innocence of the juvenile. This is an informal discussion among the parties in an attempt to achieve a resolution of the matter. The Committee considers the facts and charges and makes a recommendation in order to rehabilitate the minor. This resolution which will be proposed by the committee can include curfew, counseling, community service, evaluation, restitution, etc. If all parties agree on the proposed resolution, an agreement is signed which lays out the conditions and a time frame for them to be completed.

Intake Services Conference: The Intake Services Conference is conducted by a Probation Officer in a Superior Family Court in New Jersey. This conference is very similar to the Juvenile Conference Committee. The Probation Officer will make a recommendation to the parties which may include any of the conditions listed above under the Juvenile Conference Committee.

Formal or Counsel Mandatory Court: A Formal hearing can only be conducted by a Judge in Superior Court, Family Division. In these hearings, the juvenile must be represented by an attorney. The juvenile must plead guilty or not guilty to the charges. If the minor pleads not guilty, a trial will be scheduled. The Judge decides the guilt or innocence of the minor at trial.

Informal/Juvenile Referee or Counsel Non-Mandatory Court: A Juvenile Referee has been approved by the Supreme Court. This individual may be a Judge or a Hearing Officer who oversees this informal proceeding. He or she will review the case and make a recommendation to the Family Court Judge regarding a potential resolution to the matter. If the juvenile's representative or parent disagrees with the recommendation of the Referee, the case will be heard by a Judge at a Formal Court Hearing. At that hearing, the Judge will decide the case and, if he or she finds the juvenile guilty, the Judge will impose a disposition.

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

Here are some Frequently Asked Questions (FAQ) our criminal defense firm receives pertaining to New Jersey Juvenile cases:

What is Station House Adjustment?

Station House Adjustment allows law enforcement officers to resolve minor issues without the necessity of filing a formal Complaint with the court. A police officer can ask the parent or guardian of the juvenile along with the victim, if willing, to come to the police station and discuss a possible resolution to the case. The juvenile and the parent or guardian are asked to assure the police officer that the juvenile will "stay out of trouble" and not commit any future offenses. The police officer can refer the child to a variety of services and programs and may also require the juvenile to make restitution in some form if property has been stolen or damaged. Also, community service or written essays may be required.
 

Who is eligible for Station House Adjustment?

Any juvenile who has been arrested and charged with a Petty Disorderly Persons Offense (known as a "PDP") or an ordinance violation may be eligible. Also, in some cases where the juvenile has no prior record, they may be eligible even if charged with a 4th degree offense. Juveniles with more serious charges, or that are on probation, or that have charges already pending are not eligible.
 

Does the Juvenile need a lawyer?

A parent or guardian is always permitted to hire an attorney to represent a minor at any court appearance. Further, in certain Formal and Counsel Mandatory Court proceedings, the minor must have an attorney. Some other complaints do not require an attorney to be present. However, if there is a threat of incarceration, the Court will require that the minor be represented by counsel.
 

What are Detention Alternatives?

Detentional Alternatives are other options besides incarceration which are available to the Judge when deciding whether to detain the minor in the Youth Detention Center. A Detention Alternative program allows the minor to be supervised in the community while charges are pending. The primary goal of the detention alternative program is to ensure that the minor appears in court when required and does not commit any further offenses if released from custody. If the minor is accepted into the program, he or she will be supervised by the Detention Alternative Coordinator and will be required to follow specific guidelines (similar to probation for adult offenders). Non-compliance with these guidelines will result in the minor being placed in a Youth Detention Center.

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

I am often consulted at my Red Bank, New Jersey office by parents regarding offenses committed by their young children. Here is a brief overview of the Juvenile Justice System in New Jersey. The Juvenile Court system in New Jersey is very different from the adult court system. The defendant, a juvenile under the age of 18, has had a formal complaint signed against him/her and is being charged with "delinquency". Delinquency is an act that would be a crime, an offense, or a violation if the act had been committed by an adult. The Complaint describes the facts that the defendant allegedly committed and the violation of the law that the defendant is being charged with. The parent or guardian will receive a copy of the Complaint. Most juvenile complaints are signed by the police either based on personal knowledge or information supplied by others (witnesses). Complaints can also be signed by school officials or the victim of a crime.

If the defendant (the juvenile) is required to have an attorney, the parent or guardian is required to retain one. If you cannot afford an attorney, you can fill out what is known as a "5A" application to determine if you are eligible for a pubic defender. However, if you do not financially qualify for a Public Defender, you must hire an attorney.

I am often asked whether or not the juvenile can and will be detained. A child can be detained upon the signing of the Complaint under certain circumstances. In determining whether detention is appropriate, the following factors must be considered: the health, the safety, and the welfare of the juvenile; the age of the juvenile; the juvenile's ties to the community; the juvenile's prior record; the nature and circumstances of the alleged offense; and the juvenile's record of appearance or nonappearance at prior court proceedings. If the juvenile is detained, an initial detention hearing must be held no later than the morning following the juvenile's placement in a juvenile detention facility. At this jearing, the Judge decides whether or not the juvenile should be released. The parent or guardian is expected to appear at all hearings involving the minor.

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

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.

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

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.

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

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.

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

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".

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

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.

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

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.

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

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.

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

A Marlboro man was charged with attempted sexual assault with a 14-year old after the man allegedly engaged in internet chats with a girl who he believed was 14-years-old but who turned out to be an undercover police officer. These internet chats led to an arranged meeting with the fabricated 14-year-old for the purpose of engaging in sexual activity. When the defendant arrived at the scene of the meeting place, he was placed under arrest and charged. The defendant is charged with one count of second degree attempted sexual assault, second degree child luring, and third degree attempted endangering the welfare of a child. The defendant is being held at the Monmouth County Jail in Freehold, New Jersey on $100,000.00 bail. This arrest followed a joint investigation by the Monmouth County Prosecutor's Office and the Keyport Police Department. For additional information, see the Asbury Park Press article.

This defendant is facing significant jail time based on these charges as well as registration requirements under Megan's Law. For a second degree offense, the prison term is 5-10 years for each count and there is a presumption of incarceration. Further, for a third degree offense, the prison term is 3-5 years.

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

A 48-year-old Howell man who admitted being the driver for his son during the robbery of a Chinese food deliveryman in Lakewood was sentenced to five (5) years in state prison Friday for his role in the robbery. New Jersey Superior Court Judge Francis R. Hodson sentenced the defendant to five (5) years to which the defendant must serve 85% of the sentence under New Jersey's No Early Release Act. This act is reserved for certain violent offenses and imposes a period of parole ineligibility which results in offenders serving 85% of their prison sentence imposed. The Defendant's son was also sentenced to a five year term for his role in the robbery. Both defendants previously plead guilty to first degree robbery for their role in the crime.

For additional information, see the Asbury Park Press article entitled "Man gets 5 years in deliveryman robbery".

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

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".

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

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".

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

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.

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

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.

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

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".

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

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.

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

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.

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

Our firm has been retained to represent a Defendant who was charged with underage possession of alcohol when police broke up a party at Monmouth University over the weekend. Police broke up a party at the Whalepond Road home and issued summonses for underage drinking to more than a half-dozen people.

Police allegedly received a call about a loud party at the home around 12:50 a.m. last Friday and determined that three 19-year-old Monmouth University students who rented the home were hosting a party. Police allegedly found two beer kegs, a small bag of marijuana, a digital scale, and marijuana pipes and bongs. The three tenants were charged with providing alcoholic beverages to minors and possession of drug paraphernalia. For additional information, see the Asbury Park Press article entitled "Nine people given underage drinking summonses in Ocean Twp".

It is essential for young people like this to avoid a permanent criminal charge on their record. This can be done in a variety of ways by an experienced criminal defense lawyer, such as a conditional discharge or a downgrade to a municipal or township ordinance.

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

Police arrested a 35-year-old man and charged him with aggravated assault, terroristic threats, and criminal mischief after allegedly throwing large rocks at people and vehicles during a brawl in Aberdeen earlier this week. At approximately 4 p.m. this past Monday, police responded to the scene after receiving a call about a large fight in the neighborhood. Police arrived and found several people in the street, yelling and chasing each other. After an investigation, police determined this defendant had been throwing large rocks at people during the fight. The defendant was arrested and sent to the Monmouth County Jail in Freehold on $7,500.00 bail.

For additional information on this daytime brawl in Aberdeen, see the Asbury Park Press article.

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

A Manasquan man was indicted this week for allegedly robbing a Toms River bank in July of this year. An Ocean County grand jury indicted the defendant for second degree unarmed robbery and third degree theft for the July 21 robbery of the Kearny Federal Savings Bank in Toms River. According to the indictment, the defendant put the bank teller in immediate fear of bodily injury to steal an amount in excess of $500. Police said the robber entered the bank around noon and indicated to the clerk that he had a weapon, although no weapon was shown. The robber fled the bank with an undisclosed amount of money from the robbery. Toms River police, with the assistance of Seaside Heights P.D., arrested the defendant in Seaside Heights later the same day. The defendant has been incarcerated at the Ocean County Jail in Toms River since then, unable to post the $50,000 bail amount set by the Ocean County Superior Court. The defendant is facing up to 15 years in prison based on these two charges.

For additional information, see the Asbury Park press article. A robbery charge in New Jersey is governed by N.J.S.A. 2C:15-1 which provides in pertinent part:

a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:

(1) Inflicts bodily injury or uses force upon another; or

(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or

(3) Commits or threatens immediately to commit any crime of the first or second degree.

An act shall be deemed to be included in the phrase "in the course of committing a theft" if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.

b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.

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

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.

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

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".

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

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".

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

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.

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

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.

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

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".

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

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.

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

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.

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

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.

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

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.

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

Our firm was contacted yesterday by one of the defendants who was among the twelve individuals charged with weapons trafficking following a recent investigation by the New Jersey Attorney General's Office.  A state grand jury indicted twelve defendants on a wide array of criminal charges including weapons trafficking, conspiracy, and unlawful possession of a firearm.

According to the news release on the Attorney General's website, "[t]he indictments, brought by the Division of Criminal Justice, are a result of investigations conducted by a new joint task force of State Police detectives and special agents of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The task force, which also includes the participation of officers with the Trenton Police Department, the Mercer County Sheriff’s Office and the Ocean County Prosecutor’s Office, is aimed at tracking and prosecuting illegal gun traffickers." For additional information, see the entire news release.

Our potential new client has a prior criminal record and is facing twelve counts in the indictment including conspiracy, unlawful possession and disposition of two assault firearms, and unlawful possession and disposition of three other handguns. As a result, he is facing substantial jail time and requires an experienced criminal defense lawyer to represent him. If we are retained to represent this defendant, I will try and update this case as is moves through the criminal justice system.

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

A 23-year-old Toms River man was arrested this weekend in connection with a hit and run accident in Seaside Heights, New Jersey. The victim, 24-year-old Alexis Cohen, was previously a contestant on American Idol. The defendant was arrested in Atlantic Highlands on Sunday morning on charges of vehicular homicide by recklessly causing the death of the victim and leaving the scene of an accident. The defendant, if convicted, is facing ten (10) to fifteen (15) years in prison. The Defendant is being held at the Ocean County Jail in Toms River on $35,000.00 bail. The victim was killed after a motor vehicle struck her Saturday morning and she was found 350 yards from the Bay Boulevard parking lot where the police found her car. For additional information, see "Man arrested in 'Idol' hopeful's death".

This is a very sad story. It is unclear whether this is an alcohol related incident or not. However, it is an extremely tragic incident regardless to lose someone so young.

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

A Monmouth County jury found a Marlboro man guilty of vehicular manslaughter after a trial this week at the Monmouth County Superior Court in Freehold, New Jersey. He faces up to twenty (20) years in prison based on this jury verdict. The jury of seven men and five women returned a guilty verdict after two days of deliberation. The defendant was also found guilty of driving while intoxicated (DWI) and reckless driving. The victim in this case, a 39-year-old woman, was driving her motorcycle on June 3, 2007 when she was run over by the Defendant's vehicle. She suffered multiple injuries in the crash and died at the hospital 22 hours later. The Defendant's vehicle was found two miles from the crash with a shredded tire. Forensic evidence also linked the Defendant's vehicle to the victim's motorcycle. This was enough evidence to convince the jury that the Defendant was guilty beyond a reasonable doubt. For additional information, see "Marlboro man guilty in 2007 hit, run accident".

I am not surprised with this verdict. In fact, I was in Monmouth County Superior Court earlier this week and I saw the assistant prosecutor who was trying the case. I told him that based on the evidence it looked like he had a winner. I was right. The defense attorney in this case, an excellent lawyer, did everything he could but the evidence was too overwhelming in favor of the State.

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

Two New Jersey mayors and a New Jersey assemblyman were among those arrested this week on political corruption charges. These arrests stem from an international money laundering and corruption probe that includes leaders from the Jewish community as well. The arrests of these 30 individuals are the result of a two year FBI and IRS probe. The mayors of Hoboken and Secaucus were among those arrested. Further, the Monmouth County Prosecutor's office and the IRS seized evidence from a Yeshiva in Deal, New Jersey. As you can see, this was a statewide effort from Hoboken to Monmouth County to crack down on political corruption. It appears that the United States Attorney's Office is working together with New Jersey officials (such as the Monmouth County Prosecutor's Office) to lead this investigation. For additional information, see "N.J. officials N.Y. rabbis caught in federal money laundering, corruption sweep".

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

Back in June I posted an article about an interesting evidence issue during a murder trial at the Monmouth County Superior Court in Freehold, New Jersey. Now, the issue has been decided. The judge ruled that the videotape is inadmissible against the defendant at trial. Judge Ira Kreizman ruled that the videotape is inadmissible because it is "completely untrustworthy" and the videotaped interview was filled with static, crackling, and all sorts of outside noises. The Judge also stated that it is incredible that the police officer destroyed his notes from the interview. The Judge further ruled that the State would not be allowed to show the videotape of the interview, with or without the audio, and that the investigators and/or police officers could not testify about the alleged confession during the interview. For additional information, see the Asbury Park Press article entitled "Judge rules videotape unreliable in ex-Manasquan man's murder trial".

This is obviously a devastating blow to the prosecution at trial. The inability to use this confession is tremendously damaging to the State's case. However, it appears that the Judge got it right as it is extremely prejudicial to the defendant to use questionable and unreliable evidence against him during a murder trial. I will try and update this case when it finally resolves.

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

I wrote an article in May about a Mercer County man who was convicted by a Monmouth County jury of first-degree aggravated sexual assault. Recently, the defendant was sentenced by the Honorable Ronald Lee Reisner, sitting in the Monmouth County Superior Court in Freehold, to 10 years in state prison. The defendant must serve eight and a half years before he will be eligible for parole. Following his release from prison, he must register under Megan's Law as a sex offender and he will be subject to parole supervision for life. For additional information on this case, see "Man sentenced to 10 years for Neptune City sex assault".

In this case, the defendant must serve 8.5 years of the 10 year sentence, or 85%, because of the No Early Release Act. This statute essentially requires defendants to serve 85% of their sentence for certain violent offenses including murder, aggravated assault, and robbery. Otherwise, typically defendants serve approximately one-fifth (1/5) of their sentence in New Jersey. For example, for a first time drug offender who is sentenced to 5 years, he will typically serve about one year in prison. However, this is not the case for those offenses covered by the No Early Release Act.

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

Two men were arrested on July 6th in connection with an armed robbery of a CVS store on Route 33 in Manalapan, New Jersey. The two defendants, ages 20 and 21, allegedly entered the store, pointed guns at the employees, and demanded cash. They stole approximately $2,400.00 in cash and $100.00 in store items before fleeing the scene. The defendants are charged with robbery, theft, terroristic threats, and conspiracy. The defendants are currently incarcarated at the Monmouth County Jail in Freehold and are being held on $250,000 and $350,000 bail, respectively. For additional information, see the Asbury Park press article.

Criminal charges for terroristic threats in New Jersey are governed by N.J.S.A. 2C:12-3 which provides:

§ 2C:12-3. Terroristic threats

a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.

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

A 20-year-old Neptune township man turned himself in to authorities last week based on robbery charges. The defendant was wanted in connection to the robberies of two Chinese food deliverymen which allegedly took place on June 9 on Palmer Avenue and on Doris Terrace on June 11. The defendant turned himself into police without incident and plans on filing a motion for a probable cause hearing today. For additional information, see the Asbury Park Press article entitled "Man wanted in robbery turns himself in, pleads not guilty".

Charges for robbery in New Jersey are governed by N.J.S.A. 2C:15-1 which provides in pertinent part:

§ 2C:15-1. Robbery

a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:

(1) Inflicts bodily injury or uses force upon another; or

(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or

(3) Commits or threatens immediately to commit any crime of the first or second degree.

An act shall be deemed to be included in the phrase "in the course of committing a theft" if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.

b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.

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

A Monmouth County grand jury indicted a former Marlboro police chief this week charging him with sexually assaulting a child from 2005 to 2007. The defendant is charged with two counts of first degree aggravated sexual assault, two counts of second degree sexual assault, second degree endangering the welfare of a minor, third degree aggravated criminal sexual contact, and fourth degree criminal sexual contact. The defendant retired in December after 36 years on the police force. According to the indictment, the defendant committed the sex crimes against the minor female between April 2005 and March 2007, while the girl was between the age of 12 and 14. As a result, she was unable to legally consent in New Jersey to the sexual activity. The defendant also allegedly provided alcohol to the minor on several occasions and then engaged in sexual acts with the girl in his home. Monmouth County Assignment Judge Lawrence M. Lawson set the defendant's bail at $100,000 and ordered that he have no contact with the victim or her family as a condition of his bail.

For additional information, see the Asbury Park Press article entitled "Indictment: Former Marlboro police chief sexually assaulted girl".

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

I posted an article yesterday about the arrest of a Blood gang member for the 2008 murder of a Toms River man. Now, authorities arrested a second man who they say ordered the murder of the 18-year-old victim. According to the Ocean County Prosecutor's Office, the second man, also a member of the Bloods street gang, recruited the defendant to murder the victim because he was concerned that the victim was cooperating with authorities concerning the February 2008 armed robbery of a Toms River sub shop. Interestingly, it looks the like victim and the second man participated in the 2008 armed robbery together. Then, since the defendant knew the victim was cooperating with authorities, he had him killed. For additional information, see the Asbury Park Press article entitled "2nd arrest in Lakewood murder".

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

After a year-long investigation, Keansburg police arrested and charged a man with the shooting of an 18-year-old Toms River resident in June 2008. The victim was found laying along a wooded trial on June 6, 2008. An autopsy revealed that he was shot once in the neck and once in the head the night before. The defendant, who was turned over to Lakewood police and Ocean County investigators following his arrest, is charged with murder, conspiracy to commit murder, and possession of a weapon for an unlawful purpose. He is being held at the Ocean County Jail in Toms River on $1 million cash bail. Authorities believe that the defendant is an active member of the Bloods street gang. For additional information, please see the Asbury Park Press article entitled "Arrest made in 2008 shooting of Toms River man".

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

The trial of a Brick man charged with stabbing his estranged wife and their son during a domestic dispute ended earlier this week and the jury is currently deliberating. The case was tried before the Honorable Ronald L. Reisner at the Monmouth County Superior Court in Freehold, New Jersey. The trial lasted approximately four weeks and the defendant is facing up to 96.5 years in prison if convicted of the 12 charges against him.

The alleged incident occurred on December 9, 2007. The defendant dropped his two children and another friend off at his estranged wife's home. He returned an hour later and went inside the residence uninvited. He got into a fight with his ex-wife and allegedly struck her on the chin with a hunting knife and cut her multiple times on her arms and hands. During the altercation, the couple's 10-year-old son tried to intervene and was injured as he tried to pull his father off of his mother.

We'll see how the jury decides this case. The deliberations are expected to continue this morning. For additional information, see the Asbury Park Press article.

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

Police arrested two people in connection with the theft of $9,000.00 from Ryan's Funeral Home in Keansburg earlier this week. A 29-year-old man is charged with burglary, theft, and criminal trespassing after stealing the $9,000.00 from a safe in Ryan's Funeral Home. He allegedly stole a key to the safe from his sister's friend, who is the owner of the funeral home. The defendant is being held on $55,000 bail. The defendant's girlfriend has also been charged with receiving stolen property and tampering with evidence. She was allegedly in possession of some of the proceeds of the theft. Police have recovered approximately $5,800 of the stolen cash.

Clients often ask about bail and the "ten percent" option often given by the court. In this case, the defendant is being held on $55,000 bail at the Monmouth County Jail in Freehold with a 10% option. This means that the defendant must post $5,500 with the Monmouth County court and he will be released from prison. Now, the court does not always give a 10% option. I recently had a client in the Monmouth County Jail on aggravated sexual assault charges and he was being held on $250,000 bail, no 10% option. This means that the family must post the entire $250,000 bail to have him released from jail. However, the family can also hire a bail bondsman to post the $250,000 with the court. This usually costs the family 10%, in this case $25,000, as a fee to the bondsman. This $25,000 is not returned. However, if the family posts money with the court and the defendant appears as required, the money is returned after the case is resolved. This is important to remember when deciding whether to post the money with the court or hiring a bail bondsman instead.

We are often successful in arguing bail reduction motions with the court. This means an attorney from our office convinces the judge that the bail should be lowered based on the charges, the defendant's connections with the community, and the lack of flight risk. This is done based on the defendant's family ties, employment, and previous history of appearing for court when required. In this recent case, I filed a bail reduction motion with the Monmouth County Superior Court in Freehold and the bail was reduced from $250,000 to $150,000. This was a great result for my client as he was able to post the bail and has been released from prison.

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

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 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 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

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

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

• Email This
• Print
• Comments
• Trackbacks (2)
• Share Link

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.

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

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.

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

Ocean Township police broke up two underage drinking parties this past weekend. Saturday night, three Monmouth University students were having a party and police were called due to the noise. The students were charged with providing alcohol to minors and with a township noise ordinance. Seven other partygoers were given a violation of a township ordinance which prohibits underage drinking on private property. For more information, see the Asbury Park Press article.

The New Jersey statute which governs underage drinking charges is N.J.S.A. 2C:33-15 which provides in pertinent part:

§ 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.

As you can see, underage possession or consumption of alcohol is a disorderly persons offense in New Jersey. The maximum penalty for a DP is six (6) months in prison. Moreover, if convicted, this results in a permanent criminal charge on your record. However, it appears the police gave the partygoers a break in this case by writing them up for a violation of a municipal ordinance (which results in a fine and is not a permanent criminal charge) rather than a 2C violation. Many times underage consumption of alcohol charges are accompanied by underage DWI or adult DWI depending on the breathalyzer readings.

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

I recently wrote an article about the felony murder trial of Andre Dennis in Monmouth County Superior Court. Here is an update on the case. Dennis was convicted this past week for conspiracy to commit armed robbery, armed robbery, felony murder, unlawful possession of a handgun, and possession of a handgun for an unlawful purpose. The jury took merely an hour and a half to convict Dennis of these charges. It appears that the jury had no doubt of the defendant's guilty. The defendant's attorney attempted to argue that Dennis was merely "along for the ride" that night with his older brother and that Dennis should not be responsible for what someone else did. Under the felony murder doctrine, Dennis was found responsible for just that.

For additional information, see "Another conviction in execution-style death of Asbury Park man".

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

A Brick man was arrested Wednesday and charged with criminal sexual contact and endangering the welfare of a child. The defendant is a teacher at Freehold Borough High School and the alleged victim is a female student. Assistant Prosecutor Peter E. Warshaw Jr. said that the charges were based on a continuing course of improper conduct which began in late 2008 and took place in the classroom after school. The defendant has been released on $50,000 bail and is to have no contact with the school or the victim. For additional information, see the Asbury Park Press article.

A charge for criminal sexual contact in New Jersey is governed by N.J.S.A. 2C:14-3 which states:

§ 2C:14-3. Aggravated criminal sexual contact; criminal sexual contact

   a. An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in 2C:14-2 a.(2) through (7).

Aggravated criminal sexual contact is a crime of the third degree.

b. An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in section 2C:14-2 c.(1) through (4).

Criminal sexual contact is a crime of the fourth degree.

Here, the teacher is charged under section (b) of the statute which is a crime of the fourth degree. If convicted, he is facing up to eighteen (18) months in prison. The State must show one of the following circumstances to sustain a charge for criminal sexual contact:

(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.

In this case, it looks like the State will attempt to show section (3) of the statute because the victim, a female high school student, is between 16 and 18 years of age and the defendant has supervisory power (as a teacher) over the alleged victim. We'll see how this case turns out.

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

I recently represented a client in Fair Haven Municipal Court charged with impersonating a law enforcement officer in New Jersey. The statute which governs this offense is N.J.S.A. 2C:28-8 which provides in pertinent part:

§ 2C:28-8. Impersonating a public servant or law enforcement officer

   a. Except as provided in subsection b. of this section, a person commits a disorderly persons offense if he falsely pretends to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

b. A person commits a crime of the fourth degree if he falsely pretends to hold a position as an officer or member or employee or agent of any organization or association of law enforcement officers with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

In this case, my client was a former juvenile custody officer who was terminated a couple years ago but retained his badge and kept his badge in his wallet. When my client was pulled over for a traffic violation and opened his wallet to get his license, the arresting officer observed the badge and inquired further. As a result, my client was charged with a criminal offense of impersonating a law enforcement officer. My client was charged under section (a) of the statute which is a disorderly persons offense in New Jersey. If convicted, my client was facing up to six (6) months in prison and he would also have a permanent criminal charge on his record. I was able to negotiate a plea to a downgraded charge (a municipal ordinance) which resulted in a fine and no criminal record for my client. This was a great result considering the circumstances of the case.

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

There are certain enumerated rights under the United States Constitution and the New Jersey Constitution which are guaranteed to each and every defendant in a criminal case in New Jersey. These rights include:

The right to address the court at sentencing (Article I, Paragraph 2)

The right to freedom from unreasonable searches and seizures (Article 1, Paragraph 7); In this area, the protections in New Jersey are actually greater than Federal law.

The right to have felony cases presented to a grand jury (Article 1, Paragraph 8)

The right to a speedy trial (Article 1, Paragraph 8)

The right to a public trial (Article 1, Paragraph 10)

The right to be informed of the nature of the accusations against you (Article 1, Paragraph 10)

The right to cross examine adverse witnesses (Article 1, Paragraph 10)

The right to compel a witness to testify (Article 1, Paragraph 10)

The right to assistance of counsel (Article 1, Paragraph 10)

The right to protection against double jeapordy (Article 1, Paragraph 11)

The right against cruel and unusual punishment (Article 1, Paragraph 12)

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

Sometimes the State should just stay out of private matters. A New Jersey attorney who is in the midst of a divorce from a New York radio personality has been charged with violating a restraining order and harassing his former wife by allegedly posting a video of her on a MySpace Web page. The attorney, who resides in Brick, was arrested at his home at 11:30 p.m. Sunday by police. He posted $5,000 bail and was released.

The videotape, which the attorney allegedly posted to a myspace page, was a deposition that his former wife gave during their divorce proceedings. The criminal complaint for harassment states that the video which appeared on MySpace consisted of "the most emotional, personal and embarrassing portions" of testimony given by his former wife. The criminal charge also said the posting of the video was done with a purpose to annoy or alarm the victim. For additional information on this story, read the Asbury Park Press article entitled "Brick man charged over MySpace 'meltdown' video".

I don't know the background of this situation and I understand that there is a previous restraining order involved but based on these facts alone I think that a criminal charge for harassment is completely inappropriate in this case. To sustain a charge for harassment in New Jersey under N.J.S.A. 2C:33-4, the State must show that, with the purpose to harass another, the defendant made a communication likely to cause annoyance or alarm. In this case, I think the State is clearfly infringing on the attorney's right of free speech. The posting of a video on a MySpace page is not necessarily a communication under the statute. Moreover, it seems like the State will have extreme difficulty proving that he posted this video with the purpose of harassing her. Did the defendant even know that his ex-wife had access to his MySpace page to view the video? I do not believe his actions are sufficient in this factual scenario to sustain a charge for harassment in New Jersey.

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

Residents of Marlboro returned home Saturday morning around 9:45 a.m. to find two men fleeing in a vehicle. The residents called the police and the two men were apprehended a half-hour later. Both men were charged with burglary and conspiracy. The defendants are being held at Monmouth County jail with bails of $100,000 and $50,000 respectively. For more information, please see "Two Charged with Breaking Into Marlboro Home".

This is an interesting case. Burglary is governed in New Jersey by N.J.S.A. 2C:18-2. One of the required elements of a burglary charge is that the defendant entered the structure "with the purpose of committing a crime therein". As a result, the perpetrator must have entered the structure or facility with the purpose of committing another crime. Also, notice that "breaking into" the house or facility is not a necessary element under the statute. The important issue is whether or not the individual had a license or right to be in the structure or facility.

In this case, it doesn't look like anything was stolen from the house. However, if the defendants entered the house with the purpose of stealing something then a burglary charge may be valid. On the other hand, it will be difficult for the State to prove that the individuals intended to commit a crime if they didn't actually steal anything. It will be interesting to see how this case turns out.

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

An inmate has been charged with three counts of aggravated assault stemming from the alleged assault of a corrections officer at the Monmouth County Jail in November. Anthony Montgomery, 37, is alleged to have jumped a corrections officer as the officer passed by his cell during the jail's recreation hour. The officer suffered a fractured cheek bone and separated shoulder as a result of the assault. The officer has yet to return to work since the assault in November 2008. It took two other corrections officers to finally subdue the inmate. For additional information on this story, please see "Man, 37, Indicted in Jail Guard Assault".

This story is fairly disturbing to me. First, what were the man's motives for viciously attacking a corrections officer? Maybe the two men had words or a prior issue that led to this assault. Further, as a criminal defense lawyer I frequently visit the Monmouth County Jail to meet with clients who are incarcerated. The Monmouth County Jail is unique in that the inmates are also walking around the same hallways that the attorneys are. There are corrections officers everywhere but it does slightly concern me because an inmate could attack me the same way that this inmate attacked a corrections officer.

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

Andre Dennis, 24, is currently on trial for murder in Monmouth County Superior Court. Dennis is on trial for the alleged shooting of an Asbury Park man on New Year's Eve 2005. A co-conspirator, Angela Pizzarelli, a 27-year-old Hazlet woman, was already tried and convicted of felony murder, aggravated manslaughter, armed robbery, conspiracy, and weapons offenses for this 2005 incident. However, Dennis can also be legally responsible for the killing under the legal doctrine of felony murder. For additional information on this murder trial, see "Felony Murder Trial in Monmouth County Superior Court".

Felony murder is a legal doctrine which holds all perpetrators responsible for any deaths caused during the commission of the felony. The typical predicate or underlying felonies which lead to felony murder charges if someone is killed are: burglary, arson, rape, robbery, kidnapping, and sodomy. However, if a co-felon or co-conspirator dies during the commission of a felony, the defendant may not necessarily be charged with felony murder.

In this case, Andre Dennis was allegedly a co-conspirator in an armed robbery in which one of the victims was killed during the commission of the robbery. Therefore, even if Dennis did not pull the trigger himself and even if Dennis did not intend or want anyone to die, he is guilty of murder based on the felony murder doctrine.

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

After a two week trial before the Honorable Anthony Mellaci Jr. at the Monmouth County Superior Court, two Red Bank men were convicted of armed robbery, possession of a weapon for an unlawful purpose, and unlawful possession of a weapon.

On July 18, 2007, the men went to the Little Diamond jewelry store on Shrewsbury Avenue in Red Bank, posing as customers. They robbed the store owner at gunpoint and fled the scene when another customer entered the store. Police obtained fingerprints from the scene and the victims identified both perpetrators. The defendants are facing up to twenty (20) years in prison based on these convictions. Sentencing has been scheduled for May 29, 2009.

Robbery charges in New Jersey are governed by N.J.S.A. 2C:15-1 which provides:

§ 2C:15-1. Robbery

a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:

(1) Inflicts bodily injury or uses force upon another; or

(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or

(3) Commits or threatens immediately to commit any crime of the first or second degree.

An act shall be deemed to be included in the phrase "in the course of committing a theft" if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.

b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.

As you can see, the Defendants in this case were facing 1st degree robbery charges based on the use of a gun in the commission of the robbery. For additional information see "Two Convicted of Robbing Red Bank Jewelry Store at Gunpoint".

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

The circumstances surrounding charges for aggravated assault in New Jersey range from bar fights to domestic disputes. The most common charges for aggravated assault in NJ are contained in N.J.S.A. 2C:12-1(b), sections (1)-(3) which read in pertinent part:

§ 2C:12-1. Assault

b. Aggravated assault. A person is guilty of aggravated assault if he:

(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3) Recklessly causes bodily injury to another with a deadly weapon;

Under section (1), the charge is considered a second degree offense which involves between five (5) and ten (10) years in prison. Under section (2), the defendant is charged with third degree aggravated assault and is facing one (1) to five (5) years in prison. Under section (3), the defendant is looking at a fourth degree crime which involves up to eighteen (18) months incarceration if convicted. For the entire aggravated assault statute, please see "Aggravated Assault Statute: N.J.S.A. 2C:12-1".

The difference between aggravated assault and simple assault in New Jersey typically depends on the amount of force used and the injuries inflicted on the other party. In defending aggravated assault cases in New Jersey, I have found success asserting defenses such as self-defense and consensual fighting. Self defense is available if the defendant only used force in defending himself and did not use any force above and beyond which was necessary to maintain self preservation. Further, the defendant must have ceased this use of force once the threat was abated. Thus, if he or she continued to attack the other party after they were clearly defenseless, it will be much more difficult to utilize self defense as a viable defense.

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link

It looks like sports betting may be coming to New Jersey in the near future. A New Jersey lawmaker recently sued to overturn the Professional and Amateur Sports Protection Act. The 1992 law restricts sports betting to four states: Nevada, Delaware, Montana, and Oregon. State Senator Richard Lesniak argues that sports betting already exists and New Jersey could really use the revenue from taxing such a large industry. The Plaintiff in the lawsuit believes that sports betting could become a $10 billion dollar a year industry in New Jersey by 2011 which could generate nearly $100 million dollars in tax revenues for the State. The Plaintiff argues that the law is unconstitutional because it discriminates against the other states while allowing four states to conduct sports betting activities.

Currently, sports betting is illegal in New Jersey. Under N.J.S.A. 2C:37-2:

§ 2C:37-2. Promoting gambling

   a. Promoting Gambling Defined. A person is guilty of promoting gambling when he knowingly:

(1) Accepts or receives money or other property, pursuant to an agreement or understanding with any person whereby he participates or will participate in the proceeds of gambling activity; or

(2) Engages in conduct, which materially aids any form of gambling activity. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation.

b. Grading. A person who violates the provisions of subsection a. by:

(1) Engaging in bookmaking to the extent he receives or accepts in any one day more than five bets totaling more than $ 1,000.00; or

(2) Receiving, in connection with a lottery or policy scheme or enterprise (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than $ 100.00 in any one day of money played in such scheme or enterprise, is guilty of a crime of the third degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $ 35,000.00 and any other appropriate disposition authorized by N.J.S.A. 2C:43-2b.

A person who violates the provisions of subsection a. by engaging in bookmaking to the extent he receives or accepts three or more bets in any two-week period is guilty of a crime of the fourth degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $ 25,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b. Otherwise, promoting gambling is a disorderly persons offense and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $ 10,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.

c. It is a defense to a prosecution under subsection a. that the person participated only as a player. It shall be the burden of the defendant to prove by clear and convincing evidence his status as such player.

Thus, first the Professional and Amateur Sports Protection Act must be found unconstitutional by the courts because it treats four (4) states different than the other states by allowing sports betting there. Then, New Jersey will have to repeal the criminal laws which make it illegal to conduct sports betting in the State. We'll see if this actually happens. For additional information on this story, please see the Asbury Park Press.

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

I read an interesting article yesterday on yahoo.com called "More Internet Predators are Challenging Agents". This article discussed a special unit in Wisconsin called the "Internet Crimes Against Children" unit, or "ICAC" unit, which combats sexual predators on the internent. According to the article, the National Center for Missing and Exploited Children's cyber tip line took 85,301 reports of child porn and 8,787 reports of online enticement last year. Investigations of Internet crimes against children resulted in 3,000 arrests nationwide in 2008, according to the U.S. Department of Justice. This is a clearly a growing and serious problem in the United States.

I previously worked for the United States Attorney's Office in Newark under Chris Christie. While working there, I assisted the "Sex Crimes" unit and worked on a trial team that was prosecuting one of these "online enticement" cases. In our case, the defendant was a 40+ year old car salesman who seemed like a normal everyday guy. However, he was involved in an online relationship with what he believed to be a 14 year old girl. Unfortunately for him, this 14 year old girl was actually an undercover FBI agent. It was a pleasure working with the assistant United States Attorneys and the FBI on this project. In the end, the defendant decided against bringing the matter to trial because the evidence was overwhelming against him. He reached a plea agreement with the federal prosecutors.

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

Many times individuals come to my office looking for an expungement of a past criminal offense or arrest. There are certain waiting periods and procedures that must be followed depending on the associated criminal charge.

The first question that must be answered is "What is an expungement?" An expungement is essentially the extraction and isolation of all records associated with a criminal offense in the New Jersey criminal justice system. Therefore, any and all records on file with any court or law enforcement office in the State will be extracted and isolated. Even though the records are not destroyed, it is as though the records don't exist. This is extremely important when applying for jobs as this criminal offense and arrest will no longer show up on your permanent record.

The second question that must be answered is "Is my criminal conviction expungable?" This is not as easy to answer. Depending on your charge, there is typically a waiting period before your conviction is subject to expungement. Moreover, there are certain charges in New Jersey that are not subject to expungement at all. For example, kidnapping, robbery, and aggravated sexual assault are not subject to expungement in New Jersey. However, most charges are subject to expungement after the waiting period. For indictable offenses, the waiting period is ten (10) years. For disorderly persons offenses and petty disorderly persons offenses, the waiting period is five (5) years. For municipal ordinances, the waiting period is two (2) years. For an arrest that did not result in a conviction, there is no waiting period and you can apply for an expungement immediately. For additional information on expungements, please feel free to contact my office for immediate assistance.

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

A recent New Jersey Supreme Court decision considered potential civil commitment under the Sexually Violent Predator Act. The recent NJ Supreme Court decision, In the Matter of the Civil Commitment of JMB, A-79-07, held that the Sexually Violent Predator Act allows judges to order civil commitment based on clear and convincing evidence that the underlying offenses belie conduct "substantially equivalent" to a crime listed in section (a) of the statute.

The governing statute is N.J.S.A. 30:4-27.26 which provides in pertinent part:

"Sexually violent offense" means:

(a) aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to subparagraph (b) of paragraph (2) of subsection c. of N.J.S.A. 2C:13-1 criminal sexual contact; felony murder pursuant to paragraph (3) of N.J.S.A. 2C:11-3 if the underlying crime is sexual assault; an attempt to commit any of these enumerated offenses; or a criminal offense with substantially the same elements as any offense enumerated above, entered or imposed under the laws of the United States, this State or another state; or

(b) any offense for which the court makes a specific finding on the record that, based on the circumstances of the case, the person's offense should be considered a sexually violent offense.

As you can see, section (a) is very clear and lists the offenses which are considered sexually violent. However, section (b) is a "catch-all" provision and can be interpreted in a variety of ways. The NJ Supreme Court stated in this opinion that, "[w]e hold therefore that when faced with an application for civil commitment under subsection (b), a court may consider the circumstances that led to the qualifying prior conviction. When that conduct is substantially equivalent to the sexually violent conduct encompassed by the offenses listed in subsection (a), then that prior conviction may provide the predicate for a commitment application under subsection (b)."

As a result, the court must find that the offense which is not specifically enumerated in section (a) is substantially equivalent to the sexually violent offenses listed in section (a) and, therefore, worthy of civil commitment.

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

I saw a movie this past weekend which required me to question assumptions I have about life, the legal system, and the legitimacy of law. The movie was "Judgment at Nuremberg", the classic 1961 film which depicts the trial of four judges who enforced Nazi law during World War II. This film contrasts individual liability with the liability of the State. Judges are held in such high regard in society and to see many of the atrocities that these men authorized really effected me. However, I also could relate to one of the characters who was a world renowned legal mind before World War II. He was clearly tortured by the decisions he made and was recognized for preventing further atrocities from being committed based on his position on the bench.

Judges must enforce the law. However, when a law is unjust and deprives citizens of their rights, a judge must remain independent and balance the rights of the individual and the rights of the State. In Germany's case, many of these judges would have been killed or at the very least imprisoned if they failed to execute the laws of the Nazi regime. But, as officers of the court, they should have refused to execute the agenda of Adolf Hitler. A law which is unjust or, in Germany's case, criminal should not be enforced and is illegitimate. Therefore, the German judges were responsible for their decisions and the actions which they authorized.

This was a great movie and is considered one of the top ten trial movies of all time. As a criminal defense lawyer, I thoroughly enjoyed the battle between the prosecutor and the defense attorney as well as the independent thinking and analysis of the chief judge of the military tribunal. If you haven't seen this movie, I highly recommend renting it.

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

Simple assault in New Jersey is governed by N.J.S.A. 2C:12-1 which states:

§ 2C:12-1. Assault

   a. Simple assault. A person is guilty of assault if he:

(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) Negligently causes bodily injury to another with a deadly weapon; or

(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense. A disorderly persons offense leads to criminal record and the defendant faces up to six (6) months in prison if convicted.

A recent Appellate Division decision considered whether a headlock for thirty (30) seconds is sufficient to constitute simple assault, The court held, in State v. Stull, that the evidence was sufficient to satisfy a simple assault charge. State v. Stull, 403 N.J. Super 501 (App. Div. 2008). The defendant was convicted of simple assault and appealed. He argued that the evidence did not show that he caused "physical pain". Under N.J.S.A. 2C:11-1(a), bodily injury (as required in the above simple assault statute) means"physical pain, illness, or any impairment of physical condition". In this case, the defendant placed and held the victim in a headlock for twenty (20) to thirty (30) seconds, squeezed his neck, and yanked and swung him around. At trial, there was no testimony about the victim's pain and he did not sustain bruises or receive treatment for any injuries. The Appellate Division held that the State met its obligation to prove guilt beyond a reasonable doubt through evidence of the defendant's conduct and inferences reasonable based on the evidence as a whole.

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

     I represented a client in Keansburg Municipal Court this morning. I saw many individuals charged with "Disorderly Conduct". A wide range of circumstances can lead to a disorderly conduct charge: a fight, an argument, or some other improper behavior or offensive language.  Most defendants do not realize the seriousness of these charges. This is a "2C" criminal offense which leads to a permanent record if you are found guilty or plead guilty. The statute governing disorderly conduct in New Jersey is N.J.S.A. 2C: 33-2. The defendant also faces up to six (6) months in prison as a result of this petty disorderly persons offense.

     I was also amazed and slightly disappointed that individuals were willing to plead guilty to the disorderly conduct charge without speaking to a lawyer or, at the very least, speaking with the prosecutor to discuss a potential plea agreement. These disorderly conduct charges can often be amended down to a municipal or borough ordinance. This means that the defendant pleads guilty to a local ordinance rather than the "2C" criminal offense and avoids a permanent criminal charge on his or her record. The municipal ordinance results in a fine and the case is resolved. This can have a significant impact on a defendant's life as they avoid a permanent criminal record which is very important when looking for jobs, etc. Therefore, if you are charged with disorderly conduct in New Jersey, speak to a lawyer or at the very minimum meet with the prosecutor on your court date to determine if a plea agreement can be reached amending the criminal charge to a municipal ordinance.

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