New Jersey Criminal Defense Blog

Superior Court Judge Mitchel Ostrer of Mercer County held on March 5, in State v. Nagorniak, that the State must prove by clear and convincing evidence that a defendant was observed by a police officer for a minimum of 20 minutes before a breathalyzer test was taken.

Ostrer reversed the Lawrence Township municipal Court’s admission of Alcotest results that convicted Lubomir Nagorniak, finding the state did not meet its burden of proving by clear and convincing evidence that he was observed continuously for 20 minutes. Two officers were alternately watching Nagorniak but one of them could not recall what he saw, the judge found.

“The purpose of this observation is to ensure that the defendant has not ingested or regurgitated substances that would taint the breath sample. (The officer’s) failure of recollection defeated the purpose of the observation,” Judge Ostrer wrote.

This is just one of the requirements that the New Jersey Supreme Court outlined in their seminal opinion in State v. Chun, 194 N.J. 54 (2008). There are other important steps that law enforcement must take in order to properly prosecute a New Jersey DWI case.

If you have been charged with DWI in New Jersey, contact the top criminal defense attorneys in New Jersey at Lependorf & Silverstein. We know the “ins and outs” of the system and can make sure that you are properly represented. Contact us today at (609) 240-0040 for a free consultation.

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

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According to this recent Newsday report, two Newark men have been arrested and are facing charges for a rash of robberies and criminal homicide in New Jersey of a gas station attendant killed in one of the robberies. Raymond Perry, 43, and David Fate, 24, face felony murder charges in the death of 29-year-old Daniel Pritchard, who worked at a Verona gas station. The pair also face multiple charges for assault, robbery, and weapons violations in what law enforcement officials have called a three-week crime spree.

According to Essex County Prosecutor Paula Dow, Fate was arrested in South Carolina where he awaits extradition and Perry was apprehended at a friend’s house in Newark. The court set a $1 million bail each, and according to prosecutors, neither man has a defense attorney.

People convicted of murder, felony assault, robbery, weapons violations, and other serious charges face lengthy prison terms, steep fines and probation, and have a permanent mark on their records for the rest of their lives.

Continue reading "Newark Murder and Robbery Charges against Men" »

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Posted In: Criminal Defense , Murder , Robbery

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An Upper Saddle River, New Jersey, man has been sentenced to a year and a day in federal prison for an accounting fraud scandal, which apparently artificially propped up the stock price of insurer American International Group Inc. According to this news report, Christopher Garand, who served as a senior vice president at Gen Re, was also fined $150,000 and will be under two years of supervised release after the term ends for his role in the case. The 61-year-old Garand is one of five former executives convicted on fraud and conspiracy charges in February 2008.

Being charged with fraud in New Jersey can be a complicated criminal offense. Criminal fraud charges can be brought either against individuals or a business. The penalties for fraud, as seen in this particular case, can range from heavy fines and probation to lengthy prison terms. The stigma attached to a fraud charge or a white collar crime can destroy a business' or an individual's reputation.

If you find out that you are being investigated for fraud, it is very important that you call a reputed and experienced New Jersey criminal defense attorney as soon as possible. The aggressive and skilled attorneys at Lependorf & Silverstein take a proactive approach to fraud cases and can sometimes get your case dismissed even before you are indicted. Our goal is to save your most valuable business asset – your reputation – before it gets tarnished and dragged through the court system. If you have been accused of a white collar crime in New Jersey, please contact Lependorf & Silverstein for a free consultation.

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Posted In: Criminal Defense , Fraud , White Collar Crime

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A veteran officer in the Lower Township Police Department was charged with driving while intoxicated in New Jersey and hit-and-run after he swerved into an oncoming lane of traffic and sideswiped a Transit Bus on Townbank Road near Bayshore Road. According to an NBC news report, authorities followed scrape marks on the street into a home on Crawford Road and found a pickup truck that had heavy front-end damage. Officer Douglas Whitten was reportedly charged with DWI, leaving the scene of an accident and failure to report an accident. Whitten is apparently a 14-year veteran at his police department.

New Jersey statutes state that no person shall operate a motor vehicle under the influence of alcohol or drugs. As in most states, it is illegal to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher in New Jersey. A DWI charge is serious because it could have serious consequences. If convicted, a defendant can face possible jail time, counseling, classes, suspension or revocation of driver’s license and fines. A DWI conviction can threaten your career if you work in law enforcement or any other profession where it may be considered as grounds for dismissal.

If you have been charged with a DWI in New Jersey, please contact an aggressive and experienced New Jersey drunk driving defense attorney who will fight the charges and protect your legal rights. If you are facing drunk driving charges in New Jersey, please call Lependorf & Silverstein for a free consultation and case evaluation.

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Posted In: DUI DWI Drunk Driving

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Police in Rutherford, New Jersey, arrested 40-year-old Cesar Pajares on suspicion of fondling a teenage girl over a three-year period, the Bergen County Record reports. The girl, now 16, apparently told police in February that Pajares fondled her in a Rutherford home while she was between the ages of 13 and 16. Pajares, who is married and works as an optician, was arrested and charged with two counts of aggravated sexual assault in New Jersey, one count of aggravated criminal sexual contact and one count of endangering the welfare of a child.

Sex crime charges, especially when it relates to young children or minors, can have extremely serious consequences. A person who is accused of a sex crime in New Jersey – be it lewd conduct, rape, sex abuse or assault – is facing grave consequences including a lengthy prison term, loss of job, social life and the requirement to register for the rest of his or her lifetime as a sex offender. Society will view these people for the rest of their lives as "predators."

If you believe you have been falsely accused of a sex crime or child sex abuse in New Jersey, please call an experienced Princeton sex crime defense lawyer to discuss your case right away. It is critical that you have skilled legal representation to defend your rights and keep your record clean. A skilled New Jersey criminal defense attorney may be able to get your charges dismissed, reduce your fines or your jail sentence. If you or a loved one has been accused of a sex crime, please call Lependorf & Silverstein for a free consultation and case evaluation.

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Posted In: Criminal Defense , Sex Crimes

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Two men in West Milford are facing multiple drug charges in New Jersey after police found 89 bags of heroin in the mens’ car. According to this news report, the arrestees were identified as 20-year-old Matthew J. Mercorella and Zachary Van Dunk, 19. Mercorella and Van Dunk were arrested after patrol officers made a traffic stop on Warwick Turnpike for a broken taillight and found the drugs in their Nissan Xterra.

Officers apparently searched the vehicle after they detected the odor of burned marijuana coming from within the vehicle. Officers searched the car and recovered 89 bags of heroin, four hypodermic needles and one pill, which officials believe, is the prescription drug Oxycontin. Both men face several drug charges including possession of heroin with the intent to distribute or sell.

Continue reading "New Jersey Drug Charges Against Arrested Men" »

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Posted In: Drug Offenses

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A South River woman was arrested on suspicion of driving under the influence in New Jersey and crashing her car, this news Web site reports. Police arrested 40-year-old Iryna Matviyishyn after a passing motorist called a report that a vehicle had driven off Main Street in Milltown into a tree. The caller also told police that a woman seemed to be running away from the scene of the crash.

Police apparently saw Matviyishyn standing near her blue Volkswagen Passat when they arrived on scene. Officers apparently determined that Matviyishyn was intoxicated and arrested her. Matviyishyn was charged with DWI, refusing to submit to a breath test, reckless driving, driving with a suspended license, consumption of alcoholic beverages inside a motor vehicle, and possession of open containers in a motor vehicle. Officials also say she did not have a proper New Jersey driver’s license.

Continue reading "New Jersey Drunk Driving Suspect Arrested " »

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A massage parlor worker in Wayne is facing prostitution charges, the Bergen County Record reports. The arrest came after a Wayne Police Special Operations Unit and the Passaic County Prosecutor’s Office executed a search warrant at the Eastern Cozy Spa on Hamburg Turnpike. Xiang Shu Jin, 48, was reportedly charged with two counts of receiving money for performing sexual favors. The arrest was made after a lengthy investigation, surveillance and undercover work by police, the news report stated.

Prostitution in New Jersey is defined as “sexual activity with another person in exchange for something of economic value or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.” Prostitution is punishable in New Jersey with a jail sentence, fines and other penalties.

Continue reading "Wayne Sex Crime of Prostitution Charges Against Massage Parlor Worker" »

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Posted In: Criminal Defense , Legal Information , Sex Crimes

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Three people have been charged with fraudulently collecting more than $44,000 in unemployment benefits, according to an announcement from New Jersey State Attorney General Anne Milgram. According to this news report, Luis Urbana, 30, of Lodi, Derrick R. Eaton, 42, of Paterson and Jessica Bonano, 42, were arrested and charged with deception, theft and falsification.

The indictments apparently came after labor investigators cross-matched employer wage information against unemployment benefit payments, reviewed payroll records and followed up on alerts from citizens. Third- and fourth-degree theft crimes, which all three individuals were charged with, carry a sentence of five years in state prison. These fraud crimes in New Jersey also come with a fine of up to $15,000, while fourth-degree crimes carry a sentence of up to 18 months in state prison and a fine of up to $10,000.

Continue reading "New Jersey Fraud Accusation Against Residents" »

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Posted In: Criminal Defense , Fraud , Legal Information

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A teenager has been charged with drunken driving after the car she was driving jumped a curb and crashed into a parked van in Riverdale, according to this news report. The girl, identified as a Wanaque resident, apparently told police that she and her passengers had been drinking at a party and that she figured she was the “least drunk,” and decided to drive.

Juvenile crimes require special defense expertise and an extensive knowledge of juvenile laws. Having your child arrested for an underage DUI can be devastating and a traumatic experience for the entire family. A skilled criminal defense attorney will be able to deal with your case in an efficient and sensitive manner so that you achieve the best possible result in your case.

Continue reading "Wanaque 14-year-old Charged with Drunk Driving" »

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

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