New Jersey Criminal Defense Blog

Kathryn Thompson, a 44-year-old Runnemede woman, has been charged with driving wile intoxicated after she allegedly struck a pickup truck and a house on January 31, 2009. According to this report in South Jersey News Online, police responded to calls that a car had struck a house in the township’s Glendora section. Thompson had apparently lost control of her vehicle and struck a pickup parked on the side of the road.

The pickup was pushed into a street sign, which in turn punctured a water main. Thompson’s Taurus continued across a front yard until it struck the house. Thompson has been charged with reckless driving, failure to maintain a lane, driving under the influence and use of a controlled, dangerous substance.

Continue reading "Runnemede Woman Arrested on Suspicion of DWI" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense , DUI DWI Drunk Driving , Legal Information

Bookmark:

Police in Ocean City have arrested Gregory Hoyle, a 19-year-old man on suspicion of sexually assaulting a 14-year-old girl, according to this news report. The alleged assault occurred at a Mercer Place home the evening of January 31, 2009. Hoyle has reportedly been charged with sexual assault and is currently been held in Cape May County Jail.

Sex crimes, especially those that involve juveniles or children, can have tremendous consequences for the defendant. Crimes that involve sexual activities or that are sex-related are considered “sex crimes” in New Jersey. Some examples of sex crimes are sexual assault, rape and lewd conduct. If you have been accused of committing a sex crime, it is very important that you have skilled legal representation to protect your legal rights.

Continue reading "Ocean City Man Arrested On Suspicion of Sexually Assaulting 14-year-old Girl" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense , Legal Information , Sex Crimes

Bookmark:

The New Jersey Supreme Court has ruled that a person can be stopped on suspicion of drunk driving on the basis of a reliable report that the person was intoxicated. According to a news report in The Star Ledger, the decision was based on a case where a teenager called police and reported that her father had gotten into his car drunk and driven off after an argument with her.

The high court apparently ruled that the police stop was valid in spite of the fact that the officers who arrested the man did not have an independent reason to believe that he was intoxicated. According to reports, the man was not driving erratically. The Superior Court and Appellate Court had concluded that the stop was improper. The New Jersey Supreme Court overturned those decisions by the lower courts.

Continue reading "New Jersey High Court Stirs Up DUI Stop Rules" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

Anthony Lopez, 29, of North Bergen was arrested in Bayonne, New Jersey the morning of January 9, 2009 after he admitted to police that he possessed marijuana. According to this news report in the Jersey Journal, Lopez walked past officers outside a Bayonne gas station when police said they smelled a strong odor of burnt marijuana coming from him.

When the officers approached Lopez about the smell, he apparently admitted that he was smoking pot and had two bags of marijuana left in his pocket. He then reached into his pocket and handed over the bags of marijuana to the police officers, the report stated. Lopez reportedly had four outstanding warrants – three from Jersey City and one from Guttenberg.

Continue reading "New Jersey Man Arrested After He Admits Carrying Marijuana" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Drug Offenses

Bookmark:

The New Jersey state Supreme Court has recently held that police did not have to re-administer Miranda warnings to a defendant once they let him know, mid-interrogation, he was under suspicion.

In this case, the defendant was called and asked to come to the station house to discuss whether his uncle had sexually abused his 9 year old niece. The defendant was given the Miranda warnings but was not told that he was a possible suspect. After the brief statement, a conversation followed in which the defendant admitted that he had also sexually abused the victim.

The interrogation resumed with no fresh warnings. The defendant went on to tell of the sexual abuse that he had committed on his niece. He later tried to retract the confession, claiming he falsely implicated himself to try to get help for his niece with regard to the abuse inflicted by his uncle.

The defendant was convicted of aggravated sexual assault, sexual assault and endangering the welfare of a child and sentenced to 18 years in prison.

The Appellate Division reversed, in a published opinion the Court stated that the defendant should have been re-Mirandized once he was informed he was a suspect because until then, he could not knowingly waive his rights.

Continue reading "Miranda Rights Eroded In New Jersey" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Legal Information

Bookmark:

Richard Milligan, 25, a resident of Wilmington, Delaware, was arrested January 10, 2009 and charged with driving while intoxicated, according to this news report. Milligan also received a summons for reckless driving, failure to stop at a stop sign, failure to maintain a lane and for driving an unregistered and uninsured motor vehicle.

Like most other states, New Jersey has a strict 0.08 % blood alcohol level limit when driving. The state also has strict guidelines for repeat offenders, driving under the influence of drugs and underage drinkers. DWI convictions in New Jersey are either proven by field sobriety test results and driving behavior, blood tests, or by breath test results that show a clear violation of the state’s “per se” laws regarding blood alcohol limits.

Continue reading "Man Arrested on Suspicion of DWI in Delaware" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

The New Jersey Supreme Court decided a case on February 4, 2009 that outlines the factors all Courts in the State of New Jersey are to use when determining if a prior, guilty plea can be withdrawn. The case entitled State v. Slater lists the following four factors to be considered: 1) whether the defendant has asserted a colorable claim of innocence; 2) the nature and strength of the defendant’s reasons for withdrawal; 3) the existence of a plea bargain; and 4) whether withdrawal could result in unfair prejudice to the state or unfair advantage to the accused. In this case, the Court ruled that the defendant met his burden under this four factor test and is allowed to withdraw his previously entered plea. The Court’s opinion also adds that not every one of the four factors needs to be met, but rather in evaluating a defendant’s motion to withdraw a guilty plea the four factors must be balanced as a whole.

At defendant Slater’s sentencing hearing, Slater told the court that the only reason he entered into the plea in the first place is because his New Jersey criminal defense attorney told him that if he went to trial he would lose. In addition, in Slater’s pre-sentence report he denied that he committed the offense. If you are considering withdrawing a prior guilty plea to an offense, please contact a criminal defense attorney in New Jersey at the law firm Lependorf & Silverstein, P.C. to discuss your case. The law firm of Lependorf & Silverstein will provide you with a free initial telephone evaluation to advise you regarding filing a motion with the court to withdraw a prior guilty plea to an offense in the state of New Jersey.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

A New Jersey court has thrown out a conviction in a sex abuse case because of comments a Bergen County sheriff’s officer made to jurors, according to this news report. Roy Hermalyn, who was an assistant school superintendent, was convicted in November 2007 of official misconduct. Prosecutors said he sexually touched a student and endangered the welfare of another.

After a one-month trial, jurors acquitted him of 23 counts and convicted him of four. Hermalyn was facing up to 10 years in prison. But a day after the verdict, one of the jurors told a defense attorney that a sheriff’s officer assigned to the courtroom told them that the jury had to be unanimous in its verdict. So the jury felt as if they had to decide and “come up with an answer.” Defense attorneys filed motions to dismiss the case. The state appeals court ruled that the officer’s comment was enough to warrant a new trial.

Continue reading "New Jersey Appeals Court Throws Out Sex Abuse Conviction" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense , Sex Crimes

Bookmark: