New Jersey Criminal Defense Blog

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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In an alarming example of the proximity of the ever growing drug culture and our school system, a gym teacher from Lacey Township Middle School has been arrested along with four other men on cocaine and illegal steroid charges, according to a Star Ledger report published Thursday, February 7th.

Kevin Tracy, 33 of Manahawkin was charged with a laundry list of New Jersey drug crimes, including: possession of cocaine, possession with intent to distribute cocaine, distribution of less than a half-ounce of cocaine, possession of steroids and possession of drug paraphernalia. A six year employee of the Lacey Township school system , Tracy was suspended from his $43,000 a year job according to state public employee records. Authorities did not immediately identify the type of steroid but said Tracy is not charged with distributing that substance or cocaine to students.

Continue reading "Gym Teacher, 4 Accomplices Arrested On Drug Charges" »

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New Jersey’s Code of Criminal Justice provides an Insanity Defense for criminal defendants. Section 2C:4-1 governs this defense. The defense is an affirmative defense which means that the burden of proof standard that typically must be met by the prosecution is shifted to the defense, and the defense must prove an insanity defense by a preponderance of the evidence.

Typically, when a defendant is acquitted by reason of insanity, the Court will categorize the defendant in one of three different ways. If the Court determines that the defendant poses a danger to the community or to himself, the Court will require the defendant to be admitted to an in-patient mental facility for treatment. If the Court determines that the defendant does not pose a danger to the community or to himself, the Court will release the defendant without supervision or conditions. The Court may determine that the defendant can be released to society but must be supervised or must be subject to certain conditions such as psychiatric therapy.

The recent New Jersey Supreme Court case of State v. Ortiz which was decided on January 17, 2008, ruled that a defendant acquitted by reason of insanity, whose release is subject to supervision or conditions, will be subject to Krol periodic review hearings. Krol periodic review hearings require periodic judicial review of a defendant’s status to determine if the supervision/conditions initially ordered by the Court need to continue or be modified in any way. Ongoing evaluation to determine a defendant’s status, progress and prognosis, reasoned the Supreme Court, will help to ensure that defendants acquitted by reason of insanity with conditions to their release, will not pose ongoing dangers to themselves or to the public. If you are facing criminal allegations, it is important that you contact a New Jersey criminal defense attorney at Lependorf & Silverstein, P.C. for a free and confidential consultation.

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On January 29, 2008 the New Jersey Appellate Division in State v. Marshall decided that the trial judge erred in denying a suppression motion with regard to a search warrant that was issued without sufficient specificity.

The police were investigating Allen Daniels, a suspected New Jersey drug dealer. Daniels and another individual were observed by police entering 105 Wayne Avenue in Trenton, and soon thereafter, police saw Daniels and the defendant walk out and drive away.

Based on this information, the police applied to a Superior Court judge for a search warrant. The problem arose when it was determined that there were actually two separate units inside 105 Wayne Avenue and the police did not know which one Daniels lived in. The police requested a search warrant for the apartment “to which Daniels has possession, custody, control or access.”

The Judge issued a search warrant for the 105 Wayne Avenue apartment that was in Daniels’ possession or control, but “only if” probable cause could be established after the police “secured Daniels” and a search of him revealed documents, keys, or information that would identify which unit was in his possession or control.

Continue reading "SEARCH WARRANT INSUFFICIENT" »

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As the argument about New Jersey breathalyzers heads to the Supreme Court, thousands of New Jersey DWI cases are now in limbo. As reported previously on this blog, the Alcotest is headed to the Supreme Court to determine its reliability in measuring blood alcohol content (BAC) levels. In the meantime, thousands of convicted or charged drunk drivers’ cases have been stayed, with these drivers free to drive until the Court passes down its decision.

Though many would argue that having drivers who have been accused of DWI on the road is a public danger, they are forgetting the presumption of innocence that is at the core of the United States justice system. For those accused of DWI, the Supreme Court’s decision is eagerly awaited and even is providing them with much-needed time in which to strengthen their legal defense and prepare for New Jersey DWI proceedings. You can bet that it’s a good time to seek out the right partner to help defend you in court – and potentially protect your reputation, your job, your personal freedom, and your pocketbook.

The legal system depends on the Supreme Court to pass down verdicts that are the result of reasoned argument and fair analysis. We’re hoping that Alcotest is found to be unreliable so that New Jersey can move toward a system that is fair to drivers and that truly protects our roads. False arrests or arrests made on insufficient or flawed evidence are in gross violation of the tenets of the legal system we stand for, and we’re waiting for clarification so we can continue to do what we do best – defend our valued clients with the help of watertight legal strategy and years of experience.

Have you been accused of DWI? Contact us today for information on how Lependorf & Silverstein can help. Phone consultations are completely confidential and free of charge.

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New Jersey’s controversial decision to replace the death sentence with life without parole has taken on a new face as the state closes its death row and transitions prisoners to other parts of jail. It’s also confused New Jersey residents, some of whom are still reporting on death row cases and who misunderstand what has become of the six men who sat on New Jerseys’ death row prior to last month’s ban on lethal injection in the state. As Debbie Holtz points out in her blog on Politicker NJ, the men were not in fact reprieved by the abolition of the death penalty. Rather, the governor commuted their sentences.

What does the lack of capital cases in New Jersey mean for New Jersey criminal defense lawyers? A sigh of relief, for one. Now one legal misstep won’t lead to a client’s death. However, the abolition of the death penalty also serves as a reminder of the preciousness of life. Life in prison isn’t a life – and that’s why we fight so hard for each and every client here at Lependorf & Silverstein.

Continue reading "New Jersey Death Row Closure – What Now? " »

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You may remember our previous post on a New Jersey Municipal Court judge who found himself on the wrong side of the law in November has pleaded guilty to driving while intoxicated (DWI) and making threats to an officer. George R. Korpita was pulled over by a Roxbury policeman after a concerned motorist called the police. When given a breathalyzer test, Korpita blew a whopping 0.22 percent blood alcohol content (BAC), well over the New Jersey limit of 0.08. Not content to cooperate with the officer, Korpita apparently threatened to rule against the police officer whenever he appeared before him on the bench. These threats resulted in criminal charges in addition to the DWI accusation.

Though Korpita was able to broker a plea agreement with law enforcement to avoid serving time in jail, he will not get off easily. He will serve three years of probation, suffer from a one-year license suspension, give up his current position and any future public office, have to take random drug and alcohol evaluations, and perform 100 days of community service. In addition, his actions will be reported to professional groups like the Committee on Judicial Conduct and Board of Attorney Ethics.

Continue reading "New Jersey Judge Faces Heavy Consequences in DWI Case" »

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