New Jersey Criminal Defense Blog

After a media circus worthy of three rings, scattered socialite Paris Hilton is back behind bars. But as pundits rail against the media hype surrounding her imprisonment and gossip rags speculate on her daily activities in jail, what's a lawyer's take on the Hilton hoopla?

Civilians may be up in arms about the judge/sheriff showdown that landed Hilton back in jail after a brief bout with freedom, but lawyers are wondering how this mess could have been avoided in the first place. Hilton's repeat DUI offenses, ignorance of her own driver’s license status and failure to appear in court signify a serious breakdown in attorney-client communication. Hilton was first arrested on a DUI charge in September 2006. She pleaded no contest to this offense and was given three years’ probation. Hilton signed paperwork acknowledging that her license had been suspended; however, in February 2007 she was pulled over for driving without headlights and taken off probation.

However, Hilton’s sins didn’t stop there – she failed to sign up for a mandatory alcohol education course and racked up several traffic violations on a suspended license. Had she played it safe after her DUI conviction and acted on the advice of counsel, it is possible that she would not have violated probation and been essentially held in contempt of court. A responsible DUI lawyer knows that failures to appear or follow court orders are to be avoided at all costs – and knows how to convey that information to a client. Open communication between attorney and client can not only lead to legal strategies that provide winning solutions in DUI cases – they can also prevent imprisonment, hefty fines and other repercussions for those accused of DUI violations. We may never know the true story about communication between Hilton and her attorneys, but we can predict that in the future, Paris will have her lawyer on speed-dial.

If you have been charged with drunk driving, please call today for a DUI case evaluation with an experienced New Jersey criminal defense attorney.

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Nearly 50 years after the Civil Rights Movement swept the American South and changed the Nation’s take on race and equality forever, a new Tennessee law is allowing those who protested Southern segregation to expunge charges incurred while protesting, from their legal records. The law, which was signed by Tennessee governor Phil Bredesen on June 8, 2007, expunges the records of “persons charged with a misdemeanor or felony while challenging a law designed to maintain racial segregation.” It can also be applied to deceased persons on the petition of parties with legal authority to act on the decedent’s behalf.

The Rosa Parks Law wipes clean the records of otherwise law-abiding citizens forced to live for decades with the taint of a felony or misdemeanor earned while protesting segregation laws. However, while it is cheered as a step in the right direction for its recognition of civil rights protestors, it has been slammed by critics as a publicity-seeking move that does little to redress the actual consequences of prior felony and misdemeanor convictions. Critics state that the law is too little, too late. For example, convicted felons have already lived through decades with limited employment opportunities, a loss that has had a significant financial impact on the protestors and their families. Others believe that the law is too broad, since some activists participated in violent action while protesting segregation laws and may have “earned” their convictions.

Tennessee’s Rosa Parks Law follows similar legislation in Alabama. However, in Alabama, expunged records are sent to a state archive for educational use, while the Tennessee law calls for the destruction of felony and misdemeanor records associated with a living person. A similar bill failed to gain support in the Florida legislature this year.

For more information, please contact the firm of Lependorf & Silverstein, P.C.

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A recent Associated Press investigation of national sex offender statistics suggests that young people are more likely to become violent sex offenders than ever before. While adult sex offenses have been on the decline, falling more than 55 percent between 1993 and 2004, the AP study found that the number of minors accused of violent and non-violent sex crimes has risen from just over 24,000 in 1985 to over nearly 34,000 in 2004 alone.

While some psychologists and specialists believe that the numbers are even higher than the survey suggests due to unreported child-on-child sexual violence, others claim that the study is misleading. The last decade has brought tougher sentencing and increased media attention to sex offender cases, including the prevalence of sex offender maps and registration programs, a rise that may lead to increased reporting of suspected sex offenses. These improved reporting programs and the nationwide media hype about sex offenses might be inflating the statistics.

Experts are conflicted as to the reason for these rising numbers. Some blame sexual and violent imagery available through television, movies and video games, while others cite better public awareness of what constitutes a sex crime. In addition, those who were sexually victimized during their childhood are more likely to commit sex crimes as adults, a cycle that could lead to increasing sex offender numbers and a vicious cycle. While unfounded sex offense claims can ruin the lives and reputations of the accused perpetrators, underreporting is a problem that plagues law enforcement officials, who estimate that a mere 28 percent of sex offenses are reported to authorities.

Continue reading "Are Juvenile Sex Offense Cases On The Rise? " »

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Mexico is seeking the United States' aid in what appears to be a losing battle in the war on drugs. Ambassador Arturo Sarukhan has called for the U.S. to provide intelligence information, training and resources to help battle drug trafficking between the two nations, which are connected by a nearly 2,000 mile border.

Mexico has faced a recent surge in drug trafficking, which has led to nationwide violence and chaos. Interior Secretary Francisco Ramirez, the nation’s top domestic security official, acknowledged that the Mexico had completely lost control of its drug situation prior to the recent drug offensive launched by new President Felipe Calderon. Since taking office in December 2006, Calderon has sent federal police and over 24,000 troops to fight ruthless drug gangs whose power is partly fueled by American demand for drugs.

Blamed for over 1,000 gruesome deaths this year alone, Mexican drug gangs are assisted by American money launderers, weapons traffickers and chemical manufacturers who promote drug manufacture, trafficking and consumption on both sides of the border. Mexico’s current strategy involves establishing firm drug-free territory and leveraging it against drug gangs. But the country’s efforts probably will fail without United States cooperation and efforts to reduce drug demand and the flow of weapons and supplies south of the border.

Continue reading "Mexico Asks U.S. For Help In War On Drugs" »

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Whether due to tougher laws and enforcement or some other societal factor, law enforcement officials have recently acknowledged that white-collar crime and financial crime are on the rise. The latest cases in the spotlight: embezzlement accusations that affect management and lower-level workers alike.

The Beckley, Virginia Register-Herald recently published an article listing recent high-profile embezzlement cases, including a mechanical services company employee who is accused of stealing more than $400,000, a police department employee accused of siphoning off funds earmarked for drug investigations, and a pet store manager who has pleaded guilty to embezzling more than $20,000 with a false refund system that supported his gambling habit.

Law enforcement officials say that addiction is involved in nearly all embezzlement cases, from pricey drug habits to gambling. However, some individuals embezzle when faced with financial hardship and rising costs of living. Embezzlement cases range from simple (stealing change or helping one’s self to cash from a cash register) to complex (kick-backs, falsified records and cover-ups that can take huge investigations to unravel and years to be revealed).

Continue reading "Embezzlement Cases On The Rise" »

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