New Jersey Criminal Defense Blog

Senator Paul Sarlo (D-Bergen) announced yesterday that the Senate Labor Committee will convene on May 5th to discuss problems with New Jersey’s $1.8 Billion worker’s compensation system, according to a published report in the New Jersey Star Ledger.

It was a series of reports in The Star-Ledger that prompted the special hearings. Those reports showed how bureaucratic delays, politics and poor state oversight have left thousands of injured workers waiting years for the relief promised by the New Jersey Workers’ Compensation system. The Star-Ledger series also found thousands of workers whose compensation benefits were delayed for years while insurers or state attorneys wrangled over the terms of their settlements or authorized medical treatment.

“It’s appropriate to take a close look at the workers’ compensation system to see whether it can be made more efficient,” said Sarlo. “The recent media focus on the system gives us a chance to see if we can make it a better, fairer program so nobody falls through the cracks.”

Continue reading "Senate Committee to Discuss Reform to New Jersey Worker’s Compensation System" »

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Posted In: Workers Compensation

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A recent article that appeared in the New Jersey Star Ledger illustrates the benefits of having a New Jersey DUI Defense attorney who can prepare a convincing defense using the specifics of the case.

Rodney Sanders, 39, was accused of third-degree assault by auto for allegedly causing a three-car crash on Route 22 in North Plainfield on July 31, 2007. The New Jersey Auto Accident, which occurred at about 11:40 pm, involved Sanders, who was traveling east on Route 22 when he tried to overtake a pickup truck, but struck the rear passenger side of that vehicle, police said. Sanders then struck a Newark woman’s car, forcing her off the highway, police said. The woman suffered back and neck pain and bruises.

Sanders’ blood-alcohol level was 0.23 percent, police have said, almost three times the legal limit, but according to Sanders defense team, the results of the Plainfield police officer’s drunken-driving test should not be admissible at trial. At the heart of the dispute, is the Alcotest machine that was used to record Saunders’ BAC level after the New Jersey car accident. The Alcotest machine is used to detect whether a driver is drunk, and the state Supreme Court last month ruled results from the device are admissible as long as police and prosecutors follow the safeguards outlined in the Court’s opinion.

Continue reading "Police Officer Accused of DUI Pleads Case in Court" »

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Posted In: DUI DWI Drunk Driving

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The verdict came in March 17: The New Jersey Supreme Court has approved the use of the new Alcotest 7110 breath-testing device -- as long as law enforcement and the manufacturer follow certain procedures. Under the court's decision, law enforcement must limit prosecutions to those who test within a certain accuracy range and check Alcotest's accuracy twice a year. The manufacturer must provide reasonably-priced training on using Alcotest to DWI defense attorneys and expert witnesses, and it must notify the public and the State Bar of New Jersey before changing the device.

The decision takes the device and many DWI defendants out of legal limbo. A group of DWI lawyers challenged Alcotest's accuracy in 2006, suspending the cases of thousands of DWI defendants and halting the device's rollout in four New Jersey counties. Now that the decision is in, local prosecutors and defense attorneys will work through their cases one by one, throwing out those that don't meet the Supreme Court's guidelines and finishing the others.

Continue reading "New Jersey Supreme Court Greenlights Alcotest" »

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Posted In: DUI DWI Drunk Driving

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A candidate for New Jersey's Senate seat found out last week what New Jersey DWI lawyers have been telling our clients for years: DWI convictions can haunt you long after you thought they were over.

Andy Unanue, a businessman who is heir to the family-run Goya Foods corporation, filed papers April 7 to run for Senate as a Republican. He faces a tough battle against incumbent Frank Lautenberg, in part because of some sticky questions from the media about his history with alcohol. According to the South Jersey section of the Philadelphia Inquirer, Unanue faces questions about coming to work drunk as well as a 1993 DWI conviction from Fort Lee.

The article says Unanue was cited for driving while intoxicated after police responded to a call from him. He told police that another driver had rear-ended his car and driven away, but when they arrived, they cited him for DWI. He acknowledged to the newspaper that he realized at the time that he'd had too much to drink, so he pleaded guilty. Keep in mind that Unanue was about 25 at the time, and is now 40 -- and still being asked about this DWI! Allegations have also surfaced that he came to work drunk on occasion during his days at Goya, and critics have pointed out that Ubanue doesn't currently live in New Jersey, although he says he intends to by the June 3 primary.

Continue reading "Fifteen-Year-Old DWI Haunts Senate Candidate" »

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Posted In: DUI DWI Drunk Driving

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In a real world example of the FBI and local authorities finally “getting their man”, a former Roselle Park resident has been arrested on numerous charges more than a year after the alleged assault of a borough resident who surprised him in the midst of a burglary.

Neyad “Joe” Becaj, 38, has been charged with aggravated assault, robbery using force and other offenses. The charges stem from an incident on the evening of January 5, 2007, when a homeowner returned home in the midst of a burglary. The thief assaulted him with a kitchen chair, causing several contusions to the arms, ribs and upper body. Authorities allege that the thief was Mr. Becaj.

Continue reading "Suspect Arrested A Year After Robbery Incident" »

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Posted In: Theft/Shoplifting

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Over 14 ounces of cocaine, over 60 grams of marijuana, more then $25,000 in cash, 4 guns and 18 arrests were made in a coordinated pre-dawn raid that shut down a major drug distribution ring that shipped West Coast narcotics to sellers in New Jersey and Delaware. Additionally, three vehicles valued at $50,000 were seized. Police believe the money allegedly used to purchase these vehicles was derived from proceeds of criminal activity and used in the organization’s criminal enterprise.

The multi-state task force executed the search warrants simultaneously at about 5:00 am. Officials indicated that 13 arrests were made in Salem County, three additional arrests, including the suspected ringleader of the operation, were made in Delaware while two additional suspects were apprehended in California. The operation was the culmination of a six-month investigation of local and federal agents that involved drug crime agencies in New Jersey, California, and Delaware.

Continue reading "18 Arrests Made In National Drug Ring Bust" »

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Posted In: Drug Offenses

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In a move that will hopefully save lives in the future, the Department of Transportation and Logan Township have agreed to lower the speed limit on a dangerous mile-long stretch of Center Square Road from 45mph to 40mph. The change comes after a fatal New Jersey Auto accident claimed the life of a local teenager earlier this year.

The affected section of the road which runs between Township Line Road and Heron Drive passes through Logan, Woolwich and Swedesboro. Now that county freeholders have agreed to lower the limit, new signs should go up in a few days. Logan Township also recently approved an expenditure of $3,000 to improve lighting along the sidewalk near the roadway.

The move follows the tragic death of a 13 year old teenager who was struck in a fatal truck accident while crossing Center Square Road on January 3rd. Her parents attended a recent freeholder meeting and begged for a change. At that time, Gloucester County ordered a traffic study, which determined there was no evidence that excessive speed was a problem. The studies finding allowed the change to be made quickly.

Continue reading "Speed Limit To Be Cut In Response To Fatal Accident" »

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Posted In: Auto Accidents

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This is an unusual story that draws concerns over the potential liability a motorist can face for injuring a passenger in a New Jersey auto accident, especially when the driver is a public servant performing duties at the time of the crash.

Sue Marie Podolski was arrested in the early morning hours of Oct. 30 after police responded to a dispute she was having with a friend. While she was strapped into the backseat of Cpl. Robert Riva’s police cruiser on her way to the police station, the automobile collided with a deer in Hunterdon County, leaving Podolski with an abrasion on her neck from her seat belt.

According to Podolski, however, the injury did not end with the abrasion. She is in constant pain and has had one shoulder surgery since the time of the auto accident, and is scheduled to have another very soon. She has filed a lawsuit against the officer and the Readington Township seeking monies to help pay for her medical costs. The suit claims that Officer Riva was negligent and that he should have avoided the animal in the October 2005 crash.

Continue reading "Ex-Suspect Sues Arresting Officer, Township Over Crash" »

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Posted In: Auto Accidents

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In an excellent example of the strict liability laws that govern New Jersey Dog Bite attacks, a South Jersey News Online story published January 25th details the specifics of a case in which a dog attack ended with one of the canines being cannibalized by a neighboring dog.

According to investigators, Austin Hickman, the caretaker of an Akita puppy, left for a trip to Florida on Saturday. His mother claims he left the Akita puppy outside with food and water at the time of his departure. Authorities believe the puppy died some time after Mr. Hickman’s departure and was then, in turn, cannibalized by the neighboring Chow-mix. A neighbor claimed to see one of the Chows eating away at the Akita puppy shortly after noon on Wednesday. A representative from the SPCA stated that they believe the puppy was already dead when it was eaten by the Chow mix.

According to Bev Greco, director of the Cumberland County SPCA, charges were filed against the owners of the five Chow-mix dogs for failure to provide proper sustenance, veterinary care, confinement, and shelter for the dogs. Three of the five dogs were found to be in poor physical condition, including the one dog that was confiscated by police following the incident. Additionally, the caretaker of the puppy, and the caretaker's mother, would also be charged with abandonment, and failure to provide safe containment and proper sanitary conditions.

Continue reading "Millville Dog Owners To Face Charges After Dog Attack" »

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Posted In: Dog Bite

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Two New Jersey cardiologists who took nearly $900,000 through so-called “no-show” jobs at the New Jersey University of Medicine and Dentistry are facing $250,000 in fines and up to ten years in prison each for their embezzlement. The doctors, Bakul Desai, and Laxmipathi Garipalli, were each paid hundreds of thousands of dollars for their jobs, which required them to do nothing whatsoever. Apparently, the doctors did nothing other than refer cardiac patients to the hospital.

No-show jobs and embezzlement are two illustrations of white-collar crimes that could lead to big penalties, incarceration, loss of professional licenses, and other damage to the reputation. Embezzlement occurs when an individual uses dishonest means to acquire money. In this case, the doctors were expected to perform an actual service in exchange for their salaries. They did not, but pocketed the money even though they never showed up to their high-powered jobs.

Continue reading "Embezzling Cardiologists Face Prison, Fines" »

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Posted In: Criminal Defense

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After killing a 2-year-old child and leaving his mother in a vegetative state, Jersey City police officer Kevin Freibott will face 11 years in prison. It is estimated that Freibott’s blood alcohol concentration (BAC) was more than three times the legal limit of 0.08% at the time of the crash. Freibott was convicted to the maximum sentence of 11 years, and the judge in his case ordered that he not be released on parole until at least seven years of serving his sentence. He pleaded guilty to vehicular homicide and aggravated assault.

Anyone interested in New Jersey DUI law will note the range of accusations that ultimately led to Freibott’s conviction. Not only is he on the hook for DUI, but he faced criminal charges of vehicular homicide and assault. Freibott has been fired from his job, publicly disgraced, and made responsible for the lives of the mother and child that he took. The combination of criminal and DUI charges is a wake-up call to anyone who thinks that a DUI-related crash is a minor legal undertaking.

Continue reading "Officer Sentenced to 11 Years In Prison After Fatal DUI Crash" »

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Posted In: DUI DWI Drunk Driving

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A Garwood Borough resident was arrested on January 29th on charges of driving while intoxicated and leaving the scene of an accident, according to an associated press report published Wednesday, January 30th. Ronald J. Ciuba, 39 was charged by Officer Todd Herz with leaving the scene of an accident, careless and intoxicated driving, and having no insurance.

The arrest occurred after a motorist called police at 5:50p.m. Saturday to report she saw a 1999 Chrysler strike a parked car. She went on to explain that she saw the car continue for several blocks, then park on the 300 block of Third Avenue. The witness continued to watch the car until the officer arrived.

Being arrested or accused of a DWI is a scary and distressing situation, but running from an arresting officer is only making a bad situation much worse. Our aggressive New Jersey DWI defense lawyers at Lependorf & Silverstein have much experience representing DWI clients in New Jersey, successfully achieving dismissals, acquittals and lowered sentences, but there is little we can do for an individual who flees from the scene of an accident. Our attorneys have found that it’s best to invoke your rights when stopped for a DUI in New Jersey. While you should never be rude or hostile toward a police officer you should always insist on your right to not answer their questions without a lawyer. While you may also refuse to participate in a field sobriety test you should realize that this looks extremely suspicious to any DWI judge hearing your case and can lead to further penalties later. You cannot refuse to take a breath sample test.

Continue reading "Man Accused of Leaving Accident After Driving While Intoxicated" »

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Posted In: DUI DWI Drunk Driving

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