Iler Law Firm consulted regarding recent weapons trafficking indictment

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.

New Jersey Supreme Court upholds life without parole in lieu of death penalty

The New Jersey Supreme Court recently issued a decision which upholds the constitutionality of the State imposing a sentence of life without parole in lieu of the death penalty. In a 5-2 opinion, the NJ Supreme Court held that a defendant's constitutional rights are not violated by the imposition of a sentence of life without parole instead of the death penalty as long as the jury found the same factors necessary for the imposition of the death penalty.

Two defendants, one in Monmouth County and one in Ocean County, had received sentences of life without parole and challenged the constitutionality of these sentences. For additional information on this decision, see the Asbury Park Press article entitled "N.J. court says murderer can get life without parole". As a New Jersey criminal defense attorney, this ruling will have a significant impact on murder cases.

Broken Taillight Leads to Marijuana Charges

In February, I posted a blog article called "Get your headlights fixed". Here is a perfect example why. Police stopped a car this past week in Keyport, NJ for a broken taillight. As the officer approached the vehicle he smelled the odor of marijuana emanating from the car. As a result, the officer utilized a police dog to find the drugs. The dog alerted the officer to the area near the gas tank door. The police found nine (9) bags of marijuana hidden under the fuel tank door. The police also found $750 cash. The defendants are charged with possession of marijuana, possession with intent to distribute, possession with intent to distribute in a school zone, and possession of drug paraphernalia. Both men are being held at the Monmouth County Jail in Freehold, New Jersey on $30,000 bail.

If you are driving a vehicle with a headlight or taillight out, this is a violation of New Jersey Motor Vehicle Laws and gives law enforcement a valid reason to pull you over. Thus, there will be no way for a defense attorney to challenge the initial stop. However, police are not allowed to search your vehicle just based on this traffic stop. On the other hand, if police see drugs or other contraband in "plain view", detect the odor of marijuana, or smell alcohol in the vehicle or on the breath of the driver, this can lead to other, much more serious charges such as drug possession or drunk driving. As a result, it is important to keep all your car lights in working order at all times.