New Jersey Criminal Defense Blog

On January 28, 2009, a Mercer County New Jersey Superior Court Judge sentenced Daniel Robbins, Jr. to 18 months in jail for violating his probation in New Jersey. The defendant had been convicted by a jury of two counts of assault by auto in November of 2006. In March of 2005, during a fit of road-rage, Robbins lost control of the vehicle he was driving and struck a pole. The accident caused one of the passengers in Robbins’ vehicle to sustain a spinal cord injury that left her paralyzed. Initially, New Jersey Superior Court Judge Charles A. Delehey sentenced the defendant to 180 days in jail and five years probation.

The Judge determined that the defendant violated the terms of his probation on multiple occasions. He drove without a license and used illegal drugs on more than one occasion. Probation violations are taken very seriously by the judicial system. Typically, during sentencing on the initial charge, a Judge will advise a defendant that a probation violation of any magnitude will result in severe consequences. In fact, in this case the Judge indicated that “the court saw the sentence as a hammer that would hang over the defendant’s head and would provide him with an incentive to comply with society’s laws.” Once this defendant failed to comply with society’s laws and violated the terms of his probation, the court took severe action against him.

If you have violated your probation there may be circumstances that can help you minimize the punishment you may face when you return to court for your probation violation hearing. Contact a New Jersey probation violation attorney at Lependorf & Silverstein, P.C. for a free consultation.

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Posted In: Traffic Offenses

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A 56-year-old Paterson man has been recently arrested by authorities who say he dealt narcotic substances from his house. According to a news report in the Herald News, officials searched and found a small quantity of cocaine and cash at the address of 2 Chadwick St. near Weiss Street, the residence of Carlos Cordero.

Cordero apparently was under investigation for some weeks by the narcotics task force of the Passaic County Prosecutor's Office which ended with the search that was carried out under warrant. Officials say a Public School is located near Cordero's residence and charged him with drug possession, drug possession with intention to distribute and drug possession with intention to distribute in close proximity to a school.

Continue reading "Passaic County Man Faces Drug Charges" »

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Posted In: Criminal Defense , Drug Offenses

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On Tuesday January 6, 2009 Marc Harris, who was serving time at the Skillman Dairy Farm on Burnt Hill Road in Montgomery, New Jersey for a March, 2008 drug distribution offense in Atlantic County, New Jersey, escaped following a brief fight with a prison officer. The man has been sighted several times by residents in the Skillman section of Montgomery, New Jersey. Apparently, the man has been sighted in his underwear, as he quickly removed his state-issued boots and orange sweatshirt and sweatpants. Later he was spotted in long johns and a thermal shirt. Police, U.S. Marshals and Department of Correction officers have been searching for Harris around the clock. New Jersey State Police aviation units have participated in the search as well.

Area schools have been notified and have been on alert. Although the escaped prisoner’s underlying criminal conviction was not a violent one, local authorities still consider him dangerous. If this individual is captured, he certainly will face serious criminal charges in NJ that will be much more problematic for him than his underlying drug distribution offense. If it turns out that any individuals aid this man in his escape efforts, they most certainly will face serious criminal charges as well.

If you have been charged with a crime, consult a Princeton, NJ criminal defense attorney at the law firm of Lependorf & Silverstein, P.C. for a free initial consultation. Let an attorney at the New Jersey law firm of Lependorf & Silverstein, P.C. advise you as to your legal rights. Also, if you happen to see an escaped criminal, or someone who fits the description of an escaped criminal, do not confront the individual. Contact the police at once and try to obtain a detailed description of the individual.

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Posted In: Criminal Defense

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What is a Disorderly Persons offense?

A Disorderly Persons Offense is a category of offense that can be related to a small amount of drugs, a simple assault, a petty theft, etc. Disorderly Persons offenses are handled in the municipal court of the municipality where the offense occurred.

Unlike a crime that is handled in a County Court, with a Disorderly Persons offense the defendant accused is not entitled to an indictment by a Grand Jury or a trial by jury. Any trial that takes place is heard in front of and decided by a municipal court Judge. A Disorderly Persons charge is considered an “Offense”, and not a “Crime”, such as an indictable offense that is handled in a County Court is considered.

An advantage of the crime/offense distinction is that certain collateral consequences are not available upon the conviction of a Disorderly Persons offense. For example, one does not lose the right to vote, nor is one automatically disqualified from serving on a jury.

Continue reading "New Jersey Disorderly Persons Offenses" »

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Posted In: Criminal Defense

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In the State of New Jersey, an individual can be charged with a DWI if there is a consumption of legally prescribed or illegal drugs and alcohol which, together, produces a synergistic effect. This is the case even if the impact of either the drugs or alcohol, alone, would not render the defendant intoxicated. In the 1952 New Jersey case of State v. Glynn, the defendant had taken the prescription drug Benadryl and consumed alcohol. The alcohol consumption on its own would not have rendered the defendant over the legal limit, however, the synergistic effect of the alcohol together with the medicine did render the defendant intoxicated and the defendant was convicted of a New Jersey DWI.

When the combined effect of a drug and alcohol impacts a defendant’s mental and physical condition so as to give the appearance of intoxication, officers will usually arrest and charge with driving under the influence. Typically, alcohol breath tests will produce a low BAC level that does not match a defendant’s behavior. Police will then attempt to obtain blood and/or urine samples from the defendant to attempt to determine the presence of legally prescribed or illegal drugs. Most defendants find it hard to believe that you can be taking legally prescribed medication, have a few drinks, and be charged with a DWI. If this has happened to you, please contact an experienced DWI attorney in New Jersey at the law firm of Lependorf & Silverstein, P.C. There are defenses to this type of a charge. Contact the DWI lawyers at Lependorf & Silverstein, P.C. and let our experience with DWI cases go to work for you.

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Posted In: DUI DWI Drunk Driving

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