New Jersey Criminal Defense Blog

On March 17, 2008 the New Jersey Supreme Court ruled in a case entitled State v. Chun. This long awaited ruling addresses many issues related to driving while under the influence of alcohol charges in the state of New Jersey. Specifically, the case addressed the reliability of the Alcotest 7110 MKIII-C machine. The Court set certain guidelines that must be followed in order for an Alcotest’s blood alcohol reading to be admissible during a DUI trial. One such guideline involves the recalibration requirements of the Alcotest machine. Prior to Chun, the machines needed to be recalibrated on an annual basis. The Chun ruling now requires recalibration semiannually.

A recent New Jersey Appellate Court Panel of Judges ruled that the new recalibration requirement following Chun is to be applied prospectively only. Therefore, all Alcotest tests that were administered before the Chun ruling are subject to the annual recalibration requirement, while all Alcotest tests that were administered after the Chun ruling are subject to the semiannual recalibration requirement. The Appellate Court reasoned that had the Supreme Court intended to apply the semiannual recalibration requirement to cases that were being held pending the Chun decision, it would have specifically addressed this issue in the Chun opinion. And this issue was not addressed.

If you have been charged with driving while under the influence of alcohol charges in the state of New Jersey, there are many defenses that you can use in an attempt to overcome this serious charge. Often, a successful defense will lead to a complete dismissal of the charge. Sometimes the charge will not be dismissed outright, but can be lessened in severity. The dui attorneys at the firm of Lependorf & Silverstein have experience in defending dui charges. We can assess your charges, review the evidence the state has against you, and help you fight these serious charges.

A dui charge in the state of New Jersey can lead to a loss of license and perhaps even jail time. If you have been charged with a dui in New Jersey, contact an attorney at the law firm of Lependorf & Silverstein today to discuss your rights and potential defenses

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

As we all know as motorists in New Jersey, having our license to drive is incredibly important. The public transportation system in New Jersey is less than ideal, and most of us rely on our cars to get to work, school, run errands, pick up kids, etc. Therefore, getting a letter from the New Jersey Motor Vehicle Commission stating that our license is scheduled to be suspended is typically a very frightening ordeal.

The New Jersey Motor Vehicle Commission (NJMVC) may schedule to suspend your license for a variety of reasons. It may be because you have accumulated too many points, it may be because of a very bad accident that you were involved in, it may be because you failed to maintain automobile liability insurance, or it may be for a variety of other reasons.

When you get your notice, it is crucial that you take action quickly. The notice will say that your license is scheduled to be suspended on a certain date unless you request a hearing with ample reasons to do so prior to that date. At this time, you should contact an experienced New Jersey motor vehicle commission attorney immediately. An experienced motor vehicle commission attorney will know how to draft the letter to the NJMVC to help ensure that your hearing will be granted and that you will be able to continue to operate your motor vehicle past the scheduled suspension date.

An experienced motor vehicle commission suspension attorney will be able to properly prepare your case for your hearing and attend your hearing with you. The ultimate goal will be to eliminate your suspension completely, or at least shorten the duration of the time of the scheduled suspension.

Continue reading "Motor Vehicle Commission Suspensions in New Jersey" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Motor Vehicle Commission

Bookmark:

A New Jersey woman faces charges of driving under the influence of drugs, child endangerment and reckless driving after she ran a red light and weaved onto the wrong side of the road, according to this news report in The Intelligencer. Police say 24-year-old Laura A. Krimmel was high on heroin and other drugs while having her 4-year-old daughter in the vehicle at the time. A witness apparently told police that Krimmel's vehicle drifted twice into oncoming traffic lanes in Upper Moreland.

When an officer approached, he saw Krimmel at the wheel, blood covering her hand and gearshift, and an orange needle top on the seat between her legs, the news report said. Krimmel was also slurring and unable to stand. Officers also collected plastic packets containing heroin from Krimmel's vehicle. Officials also said Krimmel's blood tests showed she had morphine and muscle relaxants in her system. With these multiple DWI convictions, the child has been turned over to her grandparents, officials said.

New Jersey has several laws pertaining to the operation of a motor vehicle under the influence of drugs including prescription drugs, narcotics, controlled substances and over-the-counter medication. If you have taken any drug that you suspect has impaired your ability to drive safely, you should not drive. The consequences of driving under the influence of drugs can include jail, loss of driving privilege and hefty fines. If you have been charged with driving under the influence of drugs, please contact a skilled New Jersey DWI lawyer at Lependorf & Silverstein for a free consultation and case evaluation.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense , DUI DWI Drunk Driving , Drug Offenses

Bookmark:

A recent New Jersey Appellate Division case addressed the issue of whether a defendant should be allowed to apply for Pre-Trial Intervention (PTI), even if the application is unlikely to be granted due to the prosecutor’s opposition.

Defendant Robert Dwayne Green was indicted on three related third-degree CDS offenses, based on his alleged drug sale in New Jersey of $150.00 worth of cocaine to an undercover detective. Defendant attempted to apply to the Monmouth County Vicinage Criminal Division for admission to PTI. Subsequently he received a notice from the Criminal Division manager stating that he would not be permitted to apply for PTI because his case had “been pre-screened by the Monmouth County Criminal Division” and that without the prosecutor’s written consent, his application would not be reviewed.

The Appellate Division held that it was error for the Criminal Division manager to refuse defendant the opportunity to submit an application for pretrial intervention. Pursuant to Rule 3:28 and the accompanying PTI guidelines, a defendant must be allowed to apply for PTI, even if the application is not likely to be granted due to the prosecutor’s opposition.

It is clear from Rule 3:28 that the Criminal Division must at least allow a defendant to submit an application to PTI, and must evaluate the application. The PTI guidelines explicitly provide that all defendants must be permitted to apply, and the Criminal Division manager must consider the merits of the application. Although the prosecutor has enormous influence over a defendant’s admission to PTI, the Criminal Division manager cannot short-circuit a defendant’s statutory right to apply for PTI, even if the application is unlikely to receive a favorable recommendation.

If you have been charged with a drug crime in New Jersey, it is imperative that you contact an experienced New Jersey crimes attorney as soon as possible. PTI is a potentially excellent way to resolve your case, but you need an attorney who knows and understands the law and can do everything possible to ensure that you receive the best treatment possible. Call the skilled New Jersey criminal defense attorneys at Lependorf and Silverstein today for a free consultation.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense , Drug Offenses , Legal Information , Pre-Trial Intervention Program (PTI)

Bookmark:

A recent New Jersey Appellate Division case, State v. Mosner, dealt with issues of prosecutorial discretion in PTI cases.

In this case, David McInnis was charged with assault by motor vehicle (a snowmobile), and five motor vehicle offenses, including leaving the scene of an accident resulting in injury or death to any person. Mr. McInnis applied for admission to the Pre-Trial Intervention Program (PTI). The prosecutor consented, conditioned on defendant pleading guilty to the motor vehicle charges. Mr. McInnis refused to plead guilty to leaving the scene of an accident with injuries, where a guilty plea would result in a jail sentence. The defendant appealed the prosecutor’s decision to a Law Division judge, who denied the appeal.

Mr. McInnis went to trial on all of the charges and was found guilty of them all, including the criminal and motor vehicle charges. On appeal, Mr. McInnis claimed that the prosecutor abused his discretion and violated Guideline 4 of Rule 3:28 by conditioning his admission into PTI on his pleading guilty to the motor vehicle charges.

The Appellate Division held that the prosecutor did not abuse his discretion in conditioning defendant’s admission into PTI on his pleading guilty to a motor vehicle offense that carried a mandatory 180-day jail term.

The Appellate Division reasoned that in making a PTI determination, the prosecutor must evaluate the criteria in N.J.S.A. 2C:43-12e and the Rule 3:28 guidelines. As part of that determination, he must assess a defendant’s amenability to correction and potential responsiveness to rehabilitation. Prosecutors are granted wide latitude in deciding whom to divert into the PTI program. To overturn a prosecutor’s rejection, a defendant must clearly and convincingly establish that the prosecutor’s decision constitutes a patent and gross abuse of discretion.

If you are charged with a crime in New Jersey, it is imperative that you contact an experienced New Jersey criminal attorney as soon as possible. PTI is a great program, but gaining admission can have some complications. You must be guided by an attorney who has the experience and know how to get you into PTI. Contact the attorneys at Lependorf and Silverstein for a free consultation.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Pre-Trial Intervention Program (PTI)

Bookmark:

A Hoboken, New Jersey, man has been accused of assaulting two police officers after they responded to a domestic abuse report at a borough apartment, the Bergen County Record reports in an article. Michael Colombo, 44, was confronted by two officers at the second-floor apartment after he allegedly struck a female tenant, leaving her with a swollen left eye. When officers tried to arrest him, Colombo reportedly kicked and punched both of them. He also struck one of the officers with a metal skillet, bit him in the arm and tried to take his gun as they struggled, the newspaper reported.

Colombo was eventually subdued after more officers arrived and came to assist. Colombo was charged with one count of resisting arrest, one count of possessing a weapon for an unlawful purpose, one count of aggravated assault on a police officer, one count of assault with a deadly weapon and one count of attempting to disarm a police officer. He was also charged with two counts of aggravated assault with a deadly weapon, one count of burglary and one count of simple assault in connection with the reported attack on the woman.

Assault and harassment charges in New Jersey have severe and costly consequences that could adversely affect your life and your career. In New Jersey, assault charges include simple assault, aggravated assault and assault by vehicle or other means. Simple assault charges in New Jersey may include knowingly causing bodily harm, negligently using a deadly weapon to cause bodily harm and putting another person in fear of imminent bodily harm.

If you have been charged with assault or aggravated assault, you need an experienced and skilled New Jersey criminal defense attorney, who will fight the charges and build a solid defense in your case. Please call a knowledgeable criminal defense lawyer at Lependorf & Silverstein today to schedule your free and confidential consultation.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Assault , Criminal Defense

Bookmark:

Drivers who are involved in New Jersey traffic fatality or serious injury crashes would be required to take a field sobriety test under a bill recently introduced in the New Jersey Legislature. According to this news report in the Insurance Journal, Assemblyman Paul Moriarty, who is co-sponsoring the bill, has said that this requirement would help law enforcement officials determine whether or not a driver should be charged with a crime in connection with the auto accident.

Right now, officials can only administer sobriety tests to drivers when there is evidence or a clear suspicion that the driver is under the influence of drugs or alcohol. Examples of such evidence may be erratic driving or the odor of alcohol from the vehicle or the driver's person. This measure came as a response to several incidents where drivers involved in fatal or major injury crashes were not tested for drug or alcohol use.

Victims' families believe that the sobriety tests will help hold drunk drivers who cause these serious accidents accountable for their actions. However, this legislation is cause for concern because drivers could be unfairly subject to such scrutiny. A drunk driving allegation in a fatal or major injury accident could have major consequences for a defendant. If convicted, the defendant would be looking at a lengthy prison sentence. Running sobriety tests – be it field sobriety tests or breathalyzer tests – on a driver without evidence of intoxication is simply not fair.

If you or a loved one has been accused of drunk driving, reckless driving or vehicular manslaughter, please contact an experienced New Jersey criminal defense lawyer at Lependorf & Silverstein for a free consultation. Our aggressive and skilled DUI defense lawyers in Princeton will help you get acquitted or get your charges reduced. Please call us today for your free case evaluation.

Posted by Lependorf & Silverstein | Permalink | Email This Post

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

Bookmark:

The U.S. Supreme Court, in a recent ruling in the case of Arizona v. Gant, ruled that police may search the passenger compartment of a vehicle incident to a recent occupant’s arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest.

In this case, Gant was arrested for driving on a suspended license, handcuffed, and locked in a patrol car before officers searched his car and found cocaine in a jacket pocket. Gant was charged with drug offenses. His attorney filed a motion to suppress the evidence claiming that the police conducted an impermissible warrantless search. The trial court denied his motion to suppress the evidence and he was convicted of drug offenses.

The Supreme Court made clear that warrantless searches are per se unreasonable, subject only to a few specifically established and well-delineated exceptions. The Court rejected a broad reading of prior case law that would permit a vehicle search incident to a recent occupant’s arrest even if there were no possibility the arrestee could gain access to the vehicle at the time of the search. In this case, five officers handcuffed and secured Gant and the two other suspects in separate patrol cars before the search began. Gant clearly could not have accessed his car at the time of the search. An evidentiary basis for the search was also lacking as Gant was arrested for driving with a suspended license – an offense for which police could not reasonably expect to find evidence in Gant’s car.

If you have been arrested on drug charges in New Jersey as a result of drugs being found in your automobile, call the law offices of Lependorf & Silverstein. We are experienced in reviewing all of the facts of a case and making the appropriate motions to make sure that your rights are not violated.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Legal Information

Bookmark:

On May 4, 2009 the New Jersey Senate Law, Public Safety and Veteran’s Affairs Committee approved a bill that grants immunity to any individual under the age of 21 who has been drinking if that person contacts the police because he or she fears that another underage drinker has consumed too much alcohol and is in need of medical help. The bill still needs to be considered and approved by the full Senate before it becomes law. Obviously, the purpose of this law is to encourage underage persons to call for help if they fear a friend has consumed too much alcohol and may be in danger. By granting immunity to the underage drinker who calls for help, we can try to encourage calls to the police or to 911 when medical attention is required.

Too often, high school or college students are afraid to call for help because they themselves have been drinking. They fear that when the authorities arrive, they will be charged with the crime of underage drinking or underage possession of alcohol. These charges in New Jersey are punishable by up to six months in jail and a $1,000.00 fine or both. In addition, almost all New Jersey high schools and almost all New Jersey Universities including Princeton University, Rider University, Rutgers University, The College of New Jersey, and Monmouth University will take disciplinary action against their students if they are charged with either underage drinking or underage possession of alcohol. Some high schools and Universities will take disciplinary action even before the charges are adjudicated in court. Also, high school and college students fear that a criminal record will impact their future academic and career prospects.

As this law currently reads, the underage caller must do more than simply dial 911. He must also provide his name and cooperate with medical and law enforcement personnel at the scene. If you or a child of yours has been charged with underage drinking or underage possession of alcohol, please contact an attorney at the Princeton, New Jersey criminal defense law firm of Lependorf & Silverstein, P.C. for a free consultation regarding your rights or your child’s rights. Often, there is a lot that can be done to reduce an underage drinker’s exposure to a criminal record. Contact an experienced New Jersey juvenile crimes attorney at the Princeton office of Lependorf & Silverstein, P.C. today. We at the law firm of Lependorf & Silverstein, P.C. have represented many juvenile and underage individuals who have been charged with alcohol related or drug related crimes in New Jersey. Let our experience and compassion go to work to help you or your child navigate the legal system in New Jersey.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Juvenile Crimes

Bookmark:

A Secaucus accountant has been sentenced to five years in state prison after he pleaded guilty to luring young boys to various locations in Wayne and photographing them performing sexual acts, according to a story from the Bergen County Record. Michael Findlay, 38, of Paterson, New Jersey, was arrested on February 23, 2007 after an investigation by the Passaic County Prosecutor's Office, which began after one of the boys' parents tipped off officials.

Authorities conducted surveillance outside Findlay's workplace and observed him picking up two 13-year-old boys to whom he had offered $100 per meeting. The photographing sessions were apparently being held at a hotel in Wayne and at other locations, officials said. Findlay was charged with 15 counts of second-degree child endangerment, seven counts of luring or enticing a child, one count of attempted sexual assault, four counts of fourth-degree child endangerment and five counts of criminal sexual conduct. The charges involved five male victims, all younger than 16.

Sex crime charges in New Jersey are not only damaging and humiliating to an accused offender, but they also have the most serious consequences, especially if the alleged crimes involve children. A person facing sex crime charges could lose his or her job. Their reputation could be tainted even if they are not convicted.

If you are convicted of a sex crime, you face time in prison, a significant amount of money in fines and attorneys' fees and required registration as a sex offender for the rest of your life. Please do not let this happen to you. Get an aggressive and skilled New Jersey sex crime attorney on your side right away. Please call Lependorf & Silverstein today to discuss your case.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense , Sex Crimes

Bookmark: