New Jersey Criminal Defense Blog

This recent article in the Pottstown Mercury claims that a man accused of murdering a casino worker appeared in New Jersey Superior Court to face charges in connection with the murder. The New Jersey murder charges allege that Mark E. Magee, 55, of Norristown, fatally shot 55-year-old Raymond Kot three times while Kot was working in card and dice room at the Taj Mahal Casino. Kot was working as a casino shift manager in a room off the main casino floor around 3:50 p.m. on May 27, 2009 when Magee allegedly fired at Kot, hitting him in the torso three times. According to the New Jersey Attorney General’s office, Magee then left the casino building. He was apprehended around 100 feet from the casino’s entrance by Atlantic City Police Detectives Jaimee Moore and Kevin Fair shortly after the shooting occurred and the detectives observed Magee dropping a .38-caliber revolver on the ground.

After the shooting, Kot was taken to Atlantic City Medical Center and pronounced dead from his wounds at 5:24 p.m. Magee was then charged with Kot’s murder and undisclosed weapons offenses. Magee appeared two days later before New Jersey Superior Court Judge Albert J. Garofolo who set Magee’s bail at $1,122,500 with $1 million bail for the murder charges and the remainder for the weapons charges. Magee faces first-degree murder charges in New Jersey as well as unlawful possession of a firearm, possession of a handgun without a permit, and possession of hollow point bullets, which are prohibited by NJ law.

The murder investigation is currently underway and being conducted by a number of law enforcement agencies including members of the State Police’s Casino Gaming Bureau, State Police Crime Scene South Unit and State Police Major Crime Unit.

Continue reading "New Jersey Murder Charges Filed in Casino Killing" »

A New Jersey Appellate Division Court affirmed a New Jersey Motor Vehicle Commission (MVC) decision to suspend an individual’s license for 730 days without even allowing this individual a hearing in New Jersey. The Court’s decision was decided on June 16, 2009. In this case the individual entered a guilty plea to a driving under the influence charge in Florida. His recorded blood alcohol level at the time of his arrest was .20. Following his conviction in Florida, New Jersey MVC was notified. This notification process is pursuant to the Interstate Driver License Compact, in which states share motor vehicle violation information with one another. Following this notification, New Jersey MVC sent this individual a notice of its intent to suspend his license for 730 days (two years), which is the mandatory minimum in New Jersey for a second DUI conviction. The Notice gave this man the right to request a hearing to contest the proposed suspension. The MVC denied the hearing request and suspended the license for 730 days.

The reason the hearing request was denied is because in the hearing request, all disputed material facts and all legal issues were not detailed. It is not enough merely to request the hearing. Rather, in the request, all disputed material facts and all legal issues must be detailed. The New Jersey MVC has the authority to suspend New Jersey driving privileges. And while individuals whose driving privileges are at risk have the right to request a hearing, hearings do not necessarily have to be granted. If this individual had listed all disputed material facts and all legal issues, he likely would have been granted a hearing. If your New Jersey driving privileges are at risk, contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss your options. The NJ license suspension attorneys at the Princeton, New Jersey law firm of Lependorf & Silverstein may be able to help save your driving privileges or at the very least reduce the proposed driving privilege suspension you may face.

An Orange, New Jersey man is being charged with robbing the TD Banknorth branch on South Street in Middleton. According to this news report, police suspect that the 37-year-old Eddie Young may be responsible for an earlier robbery at the same bank. Young was apparently identified by a downtown bike officer and pursued into a gym on North Street. A number of officers reportedly pursued Young, who reportedly yelled at officers telling them he had a gun and would shoot them.

Police arrested Young in the basement of the gym. He did not possess a gun or any other weapon. Young was charged with robbery in the first degree and grand larceny in the third degree – both felonies. He also faces misdemeanor charges of resisting arrest, criminal trespass and injuring a police animal (for striking a police dog). He may face more charges.

Robbery in the first degree is a serious crime in New Jersey. Robbery is considered a violent crime because of the use of physical threat or possible use of a weapon or firearm. A robbery conviction could result in lengthy prison time. If the same person is accused of robbing different locations or the same location more than once, then he or she faces an increased number of counts. The punishment will be harsher and can include lengthier prison time or heftier fines.

If you have been accused of a robbery in New Jersey, you would be well-advised to contact skilled New Jersey criminal defense attorneys who will be able to analyze the facts of the case and build a solid defense strategy for you. Call Lependorf & Silverstein today for a free and comprehensive consultation.

Police arrested two men for New Jersey marijuana cultivation and operating a marijuana growing facility in Columbia. According to a Pocono Record article, authorities seized 124 marijuana plants and five pounds of processed marijuana, all with a street value of about $258,000.

The incident began when police served an arrest warrant for 25-year-old Mark Hines. While there, officers saw a pot plant and got a search warrant for the whole house. During their search, officers found two indoor marijuana growing rooms, three guns, $3,685 in cash and drug paraphernalia. Keith Hines, 28, the owner of the house, was arrested in his place of work. Both the men were charged with maintaining or operating a controlled dangerous substance production facility, manufacturing drugs and other drug charges.

New Jersey drug charges can have a significant impact on your life. Convictions for drug crimes could result in jail time, hefty fines and attorney fees. Charges for selling, growing or manufacturing drugs for sale or distribution can carry harsher punishments including a lengthy jail time. A drug conviction for selling a controlled substance can affect your personal life, job and your future.

It is critical that you have a knowledgeable and experienced New Jersey marijuana defense attorney on your side who will fight for your rights and make sure that the charges against you are dismissed or at least reduced. If you are a first time offender and have been charged with possession of marijuana, you may receive milder punishment such as payment of a fine and participation in drug rehabilitation. Call the skilled New Jersey criminal defense attorneys at Lependorf & Silverstein to find out more about how we can build a strong defense strategy in your New Jersey drug crimes case.

A New Jersey man has been arrested on aggravated assault and DUI charges after he reportedly hit a woman in the face during an argument in Phoenixville, the Phoenixville News reports in an article. Kyle Logan Deturk, 29, of Crambury, New Jersey, is being charged with aggravated assault, recklessly endangering another person, disorderly conduct, driving under the influence of alcohol or controlled substance, higher rate of alcohol (.10 to .16), simple assault and harassment. Officers did not conduct a field sobriety test because of the weather. Deturk reportedly submitted to a blood test.

DUI in New Jersey is a serious offense. As in all states, it is illegal to operate a motor vehicle under the influence of alcohol or controlled substances or with a blood alcohol level of 0.08 percent or more. In New Jersey, assault charges include simple assault, aggravated assault and assault by vehicle or other vessel. Simple assault charges may involve a defendant who knowingly caused bodily harm or put a victim in fear of imminent bodily harm. New Jersey aggravated assault charges involve causing serious bodily injury or attempting to use a deadly weapon to cause bodily harm. Harassment may be charged if the defendant is kicking, shoving, threatening or making repeated attempts to aggravate or annoy the victim.

If you have been charged with drunk driving, assault or harassment in New Jersey, please contact the experienced New Jersey criminal defense lawyers at Lependorf & Silverstein to find out more information about your legal rights and options. We will independently investigate your case and strive to obtain the best possible result in your case. Please contact Lependorf & Silverstein for a free consultation.

A New Jersey grandfather is being held without bail on child pornography charges, according to this CBS news report. Officials say 66-year-old Thomas Elgert spent months preying on children, collecting naked pictures of them and trading them with sex offenders on the Internet. Elgert has been arrested on suspicion of attempted sexual exploitation of children – specifically production – and distribution of child pornography.

Undercover federal agents apparently apprehended Elgert by posing online as child molesters. In charging documents, agents accuse Elgert of asking an undercover detective to send him pictures of the detective having sex with his two young children and the family pet. Investigators believe Elgert may have molested children as well and are asking anyone who may have had close contact with him to come forward.

Sex crimes in New Jersey, especially those involving children, can have extremely serious consequences. Possession of child pornography can be charged as a state or a federal crime. In this case, it has been charged as a federal crime because it involved an FBI investigation. If you have been charged with possession of child pornography or any other sex crime charge, you would be well-advised to get an experienced and skilled criminal defense attorney on your side as soon as possible.

In any sex crime case, it is important that the defense begin a thorough and independent investigation right away. A sex crime charge, even if it doesn't end in a conviction, can mar your reputation and destroy your personal life and standing in the community. The stakes are extremely high. Punishment can involve jail or prison time, steep fines and requirement to register as a sex offender. If you have been arrested on suspicion of a sex crime in New Jersey, please contact the skilled New Jersey sex crime defense attorneys at Lependorf & Silverstein for a free case evaluation.

Police have arrested three people in connection with a BB gun assault in Gloucester Township. According to a news report in Gloucester County Times, an unidentified victim was hit by pellets while jogging in Veterans Park. The gun was fired from a passing vehicle, police said. Authorities arrested 18-year-old Corey Turner and two 17-year-olds who were processed on juvenile complaints and released to their parents. All three were charged with NJ aggravated assault and possession of a weapon for an unlawful purpose. The arrests were made after authorities received several tips from the community.

Juvenile crimes in New Jersey require special defense expertise and extensive knowledge of juvenile laws. Juvenile criminal cases can vary from case to case, which is why it is critical for each incident to be assessed by a skilled criminal defense attorney within a timely manner so that all legal actions can progress quickly and efficiently. Being convicted of a juvenile crime is a serious issue. If convicted of a crime, your child's opportunity to get a driver's license, proper employment or even to get into college may be hindered.

If your child is being accused of a crime, please call the skilled New Jersey juvenile crimes defense attorneys at Lependorf & Silverstein for a free consultation and case evaluation. We will remain on your side, fight for your rights and strive to get you the best possible result in your case. Call us today to find out how we can help build a solid defense for your case.

The Attorney General’s Office issued its annual Uniform Crime Report recently which claims that overall, crime was up 5 percent in the first six months of 2008 over the same period of time the previous year. According to an article from nj.com, the report indicated that from January through June 2008, murder in New Jersey was up 9 percent, rape increased 15 percent, and burglaries and thefts increased 7 percent. While those crimes were up over the previous year, other types of crimes declined with robberies falling by 6 percent, aggravated assaults down 3 percent, and arson and domestic violence down as well.

The report also indicated that overall, crime rose in 14 of New Jersey’s 21 counties with the highest amount of crimes reported in Essex and Camden Counties. The sharpest increase in murders occurred in Camden County with 35 murders in 2008 compared to 16 over the same period of time the previous year. Camden City averaged approximately 5 murders each month for the first six months of 2008, but officials say that number dropped during the second half of last year. The information for the report is collated from information provided by law enforcement officials at the state, county and local levels and the full report for 2008 is expected late this summer or early this fall.

If you or someone you care for has been charged with one of the crimes listed above or another type of crime, it is very important to retain the services of a skilled New Jersey criminal defense attorney. For many years, the experienced criminal defense lawyers at New Jersey criminal defense law firm Lependorf & Silverstein have been defending the rights of clients and working hard to have their charges dismissed or reduced to lesser charges. To schedule a free consultation with one of their New Jersey criminal defense attorneys, call them today at 609-240-0040.

Three years after it was introduced in the Legislature, the proposal to legalize marijuana fro medical use in New Jersey gets its first test in a Senate Committee. If it passes, New Jersey would become the 14th state to create a sanctioned medical marijuana program.

The debate has been strongly and vigorously voiced by both sides. Those in favor point to the incredible benefits marijuana has for those in chronic pain and those that have lost their appetites due to illnesses and medications and other forms of treatment that they are enduring. There are countless stories of individuals that had to illegally obtain marijuana as it was truly the only way that they could get some relief.

The opponents claim that marijuana is a stepping stone to more serious drug use and that legalizing marijuana for medicinal purposes also sends a dangerous message to youngsters. They also claim that it will be hard to impossible to properly regulate the process.

The movement to expand medical marijuana laws has been slow but steady. It is refreshing to see that there is finally some political support for this naturally grown plant that so many people have known for so long offers some remarkable benefits. Marijuana, of course, like almost anything else, can be abused to the point of causing damage. But if potential damage based on abuse were our measuring stick for deciding what should be legal, countless substances of everyday use would have to be outlawed.

Unfortunately, every day in New Jersey, individuals are being arrested for marijuana use, marijuana sale and marijuana cultivation. In fact there are several marijuana charges in New Jersey that are considered first degree crimes. This puts some marijuana charges in the same category as some of the most violent crimes charged in New Jersey!

If you have been charged with any crime related to marijuana in New Jersey, it is imperative that you speak with an experienced and passionate New Jersey drug crime attorney as soon as possible. Do not be fooled into thinking that a marijuana charge is not going to be dealt with seriously in a New Jersey court of law. Our jails and prisons are filled with individuals whose only crimes relate to marijuana. Contact the law firm of Lependorf & Silverstein for a free initial consultation.

In New Jersey, lewdness is codified under 2C:14-4 and states as follows:

1. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed.
2. A person commits a crime of the fourth degree if:

1. He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.
2. He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor’s conduct.


3. As used in this section, “lewd acts” shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

Lewdness cases are very fact specific and it is absolutely imperative that you retain an experienced criminal defense attorney as soon as possible. For example, more than nudity is required to prove a case of lewdness. To convict a person of disorderly persons lewdness, the prosecutor must prove a lewd or offense act that the defendant knows or reasonably anticipates is likely to be observed by a person who would be affronted or alarmed by the conduct.

The mental element accompanying the defendant’s act is a critical part of the offense. For example, in State v Zeidell, the defendant, charged with public masturbation on a boardwalk, claimed that he had lowered his pants to scratch a rash. The court held that if he had testified to that intent, the State could have replied with evidence of a prior similar incident and lewdness charge to show that he intended to be observed by a non consenting person who would be affronted by his conduct.

If you have been charged with lewdness in New Jersey, contact an attorney at Lependorf & Silverstein immediately for a free consultation.

Two New Jersey men have pleaded guilty to stealing $1.2 million in medical equipment from a hospital in New York City. A recent article claims that Joseph Stamm, 24, of Jersey City and David Schwartz, 44, of Livingston stole medical equipment from New York Presbyterian Hospital and then sold the equipment on the Internet. Federal prosecutors investigating the case claim that Stamm was employed by the hospital as an equipment specialist and used his position to steal the equipment with Schwartz.

The two men admitted to netting over $300,000 between October 2006 and August 2008 through online sales of the stolen medical equipment, and their sentencing has been scheduled for August 10, 2009. Under New Jersey law, each of the men could be sentenced to a maximum of five years in prison and face steep fines. But because the crimes involved New York and other states, they could receive much harsher sentences under federal sentencing guidelines.

Even though these men entered a guilty plea, the law says that people accused of theft in New Jersey are innocent until proven guilty. In addition to the criminal penalties listed above, these men also face probation, many hours of community service, the inability to obtain some types of employment, and many others.

If you or someone you care for has been charged with theft, possession of stolen property, fencing stolen goods, or other theft-related crimes, the experienced New Jersey criminal defense lawyers at Lependorf & Silverstein may be able to help. Everyone in this country is entitled to competent legal counsel and it only takes one phone call to New Jersey criminal defense law firm Lependorf & Silverstein to have their years of experience and knowledge of the law on your side. Don’t take a chance with your freedom. Schedule a free consultation with experienced New Jersey criminal defense attorneys today by calling 609-240-0040.

A recent New Jersey Appellate Division Court ruled in the case of Sate v. Putz, that the State has to prove a defendant’s intent to drive in order to prove the elements of a DWI. Merely sitting in the driver’s seat with the engine idling and the parking brake off is not enough. This decision is significant and departs from the Court’s usual tendency to enforce DWI charges in New Jersey if there is even slight evidence of one’s intent to drive. In this case, the defendant was found by a police officer fast asleep in his driver’s seat in front of his girlfriend’s farm at 2:00 a.m. His engine was running and his parking brake was off. His blood-alcohol content was found to be well above the legal limit.

The trial court judge convicted the defendant of the DWI charge. The Appellate Court, however, reversed. Although it is common for courts to infer operation, and this case would have required an inference that the defendant had operated his vehicle, the Court reasoned that this defendant’s intent to operate his vehicle had “long since dissipated by the time of the arrest.” That is because he had fallen asleep in his car and had been sleeping for some time prior to the officer’s arrival.

The Court in this case relied on a New Jersey Supreme Court case that was decided in 1973 entitled State v. Daly. In the Daly case a driver was found asleep behind his steering wheel in the parking lot of a bar. When questioned by investigating officers the defendant indicated he was too intoxicated and had decided to “sleep it off” in the parking lot. It was a cold night so the defendant had turned his engine on and off during the course of the night for warmth. The Supreme Court found in favor of the defendant and ruled the State could not prove his intent to drive. The prosecution in Sate v. Putz attempted to distinguish the case by pointing out that in the Daly case the driver’s seat was fully reclined which indicated an intent to sleep rather than drive, whereas in the Putz case the seat was not reclined. The Court was not persuaded by this argument.

It is clear that “operation” cases are very fact specific. If you have been charged in the state of New Jersey with a DWI, there are many types of defenses you can present in an effort to beat the charges. At the Princeton, New Jersey law firm of Lependorf & Silverstein, we can evaluate the facts of your case and advise you how best to defend the charges you face. Please contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss your rights. DWI convictions can lead to a loss of license and possibly even jail time. Contact a DWI attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein and let us fight for you today.

A Fair Haven financial adviser is facing charges for federal wire fraud in New Jersey for allegedly cheating his clients out of more than $7 million according to this report. Prosecutors investigating the case claim that Maxwell Smith promised his investors returns of up to 9 percent on investments in health care facilities. They claim that Smith deposited investors’ funds into his own bank account instead of investing them and used some of the funds to pay interest to his clients.

A New Jersey judge recently froze Smith’s assets after a lawsuit was filed by a Hanover man who claimed he had lost $9 million in the alleged investment scheme. Smith remains free after posting a $1 million bail, but faces up to 20 years in a New Jersey state prison if convicted on the wire fraud charges.

A wire fraud conviction can result in more than a lengthy prison sentence. Those convicted of wire fraud also face steep fines, probation, the loss of professional licenses, the inability to obtain certain types of jobs, and a permanent mark on their record. Frequently, people under investigation for wire fraud and other white collar crimes know that they are under investigation before any charges are formally filed. If you or someone you care for believes they are under investigation or about to be arrested for a white collar crime, it is very important to contact the skilled New Jersey white collar crime lawyers at criminal defense law firm Lependorf & Silverstein as soon as possible.

By being proactive, you enable their New Jersey white collar crime attorneys to launch an immediate investigation into the charges and begin building a vigorous defense against the charges. To schedule a free consultation with experienced New Jersey criminal defense attorneys, call criminal defense law firm Lependorf & Silverstein today at 609-240-0040.