October 24, 2008

Trenton And Pemberton Township Drug Charges Filed Against Gang Members

In a recent drug raid of two Browns Mills homes New Jersey state troopers and Pemberton township officers arrested seven people, reported The Trenton Times. Simultaneous raids were conducted in the 300 block of Trenton Road and the 300 block of Seminole Trail resulting in the arrest of alleged members of the Bloods street gang.

Police investigating alleged drug sales said they arrested Pemberton Township residents David Garmon, 24; Isaiah Chavis, 24; Alvin Davis, 42; Joanne Scott, 31; Samuel Redding, 19; Rhasaun Conover, 27, of Trenton and Mary Hartsfield, 35, of Hainesport. Drugs and weapons including crack cocaine and marijuana, a loaded handgun, a stun gun, ammunition, a digital scale, drug paraphernalia and cash were reportedly seized.

The New Jersey Comprehensive Drug Reform Act (N.J.S.2C) calls for stiff penalties for all drug offenses in New Jersey to "ensure the imposition of stern, consistent punishment for all drug offenders." A drug offense conviction in New Jersey for even possession of crack cocaine can result in a 3-5 years jail sentence and a fine of $1000 to $25,000. In addition to other fines payable, every defendant convicted of any drug offense or who goes into a drug diversionary program must pay a mandatory penalty ranging from $500 to $3000. A conviction for the use or possession of drug paraphanalia can result in a sentence of up to six months in jail, mandatory fine of $500 to $1000 and a mandatory loss of driving privileges for up to two years.

At Lependorf & Silverstein our expert drug crime lawyers in New Jersey draw from a wealth of experience to get our clients the best outcome in their case. We know the mistakes that law enforcement agencies tend to make in filing charges and making overzealous arrests in a “drug bust” situation. Call us to discuss how we can put our knowledge to work for you.

October 15, 2008

New Jersey Sex Charges Result in Arrest of Bus Driver

Maria Fernandez, 53, a Jersey City bus driver who transports developmentally disabled people, was arrested on sex charges in New Jersey for instructing one of her passengers to touch another inappropriately. According to a recent article in The Jersey Journal, Central Avenue resident Fernandez was charged with aggravated criminal sexual contact and endangering the welfare of an incompetent person and arrested in Bergen County.

The report said Bergen County Prosecutor John L. Molinelli set Fernandez’ bail amount at $35,000. Fernandez, who is a driver for the Amity Bus Company in Jersey City, has been ordered to have no contact with the victims.

Among criminal defense cases, sex crime cases are the ones that are potentially the most damaging to a person’s reputation and their standing in the community. Even a charge that is later proved false and invalid can taint one’s ability to earn a future living or maintain social relationships. A New Jersey sex crime conviction usually brings with it punishment that could include jail time, fines, and measures such as registering as a sex offender.

If you have been accused of a sex crime in New Jersey it is crucial that you enlist the services of a trusted and a skilled criminal defense attorney who has a proven success record. At Lependorf and Silverstein, we are always sensitive to our client’s requirements and handle all cases with the strictest confidentiality. Please contact us without delay. We will fight with all of our resources to clear your name and reputation.

October 7, 2008

Lake Wallkill Auto Accident Results in Charges for Sussex Driver

A recent car accident near Sleepy Hollow Road in Vernon Township killed Ryan Olsen, a resident of Vernon, according to this article.

Vernon Township police said Olsen, 22, who died at the accident scene was one of three people in the car that was driven by Joseph Cavanaugh of Sussex. 24-year old Cavanaugh was also injured and taken to St. Claire’s Hospital in Sussex following the accident. He was later charged with multiple driving offenses including DWI and reckless driving. Glenwood resident Jason Concoy, 24, who was in the front seat of the vehicle, was transported to a Morristown hospital where he was treated and released.

The article states that this accident is still under investigation and we hope details will soon be made available about what exactly happened that early morning to cause the car crash and the tragic loss of life. In New Jersey, a person is guilty of drunk driving if he/she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. Though Cavanaugh has been charged with DWI, there is no information in the article about his BAC.

At Lependorf & Silverstein our experienced team of criminal defense attorneys in New Jersey know these accident situations often lend themselves to DUI and field sobriety tests being administered incorrectly. If this should be the case and if official procedures and requirements have not been followed then we will help to get the charges lowered or dismissed altogether for our clients. Please give our offices a call for a free consultation to discuss your case.

October 1, 2008

Driver’s Comments at Accident Could Be Used against Him, New Jersey Judge Rules

A 26-year-old driver’s statements at the scene of an accident on Route 80 in Roxbury where three people died could be used against him at his trial, Superior Court Judge Salem Ahto ruled. According to an article in the Star-Ledger, Damian D’Aleo’s admissions of drinking beer and driving under the influence of drugs, specifically taking Ecstasy and cocaine before the crash can be used at the trial.

The incident occurred on Sept. 26, 2006 when D’Aleo allegedly rear-ended a Jeep Cherokee, triggering a crash that killed three people. If convicted, D’Aleo faces up to 30 years in prison for each of the three counts of vehicular homicide he faces.

This is one of the worst-case scenarios when it comes to DUI charges. This defendant, if convicted, could spend the rest of his life in prison. This story especially shows that what you say when you get arrested matters. In the United States, the Miranda warning is mandated as a means of protecting a defendant’s Fifth Amendment right to avoid coercive self-incrimination.

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