New Jersey Criminal Defense Blog

Special New Jersey police patrols were out in force over this Independence Day weekend to make sure that all of the pyrotechnics set off by state residents were within the regulations of New Jersey state fireworks laws.

According to a press release from the New Jersey State Police website, patrols have been putting more effort into confiscating illegal fireworks over the 4th of July holiday. Big items like M80s and Roman Candles are in the state’s sights, but officers can even take away sparklers if they feel they are posing a threat to the public. Simple possession, say police officials, constitutes a “disorderly persons offense” with bigger charges for illegal sale carrying a possible maximum penalty of 18 months imprisonment and fines up to $10,000.

State police claim they net about six to eight tons of illegal explosives each year. That adds up to a lot of gunpowder that police officials say could send New Jersey residents to the emergency rooms and hospitals that already tend to be overcrowded on holidays.

Contrary to what some patriotic NJ residents might have thought, the State PD is not just out to spoil everyone’s fun. One Colonel from a New Jersey barracks talking about the diverse goals of extra holiday patrols iterated the goal of the state department as a “fatality free holiday”. The New Jersey state police were also on the hunt for drunk drivers and those operating boats and other water vehicles under the influence of alcohol.

Continue reading "NJ State Police Bag Fireworks, Step up Holiday Patrols" »

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Posted In: Criminal Defense , Legal Information

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New Jersey sex crimes carry extremely serious consequences. If you are convicted of a New Jersey sex crime, you not only face the possibility of a lengthy incarceration, but also the stigma attached to a convicted sex offender and the requirement to register for life as a sex offender on a state and national sex offender database. Repeat sex offenders risk facing increased prison time and stiffer penalties.

ABC News reports in an article that a convicted sex offender in New Jersey was recently arrested and charged with molesting a boy. The arrested individual was a convicted, registered sex offender and he is now accused of sexually assaulting a 4-year-old boy when he was forbidden from having unsupervised contact with anyone under the age of 18. He was charged this time with two counts of sexual assault and endangering the welfare of the child.

False allegations are an unfortunate reality when it comes to child sexual abuse accusations. Healthcare workers, school teachers, babysitters and even parents can find themselves facing charges of child sexual abuse. In many cases, actions can be misinterpreted and assumptions may be made that aren't true.

Continue reading "New Jersey Sexual Assault Charges Against Man" »

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Posted In: Criminal Defense , Sex Crimes

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New Jersey DWI charges can have serious consequences on our lives. New Jersey DWI defense attorneys know and understand the penalties and expenses that DWI charges bring. When driving under the influence involves accidents, injuries or death, the charges can be even more severe.

For example, a 22-year-old New City man is facing second-degree New Jersey assault charges because after officials say he drove by a stop sign in a school zone and failed to yield, he crashed into the driver's side of a sedan. According to this news report, the driver of that car was taken to the hospital in critical condition. Officers at the scene determined that the driver was drunk and drew a blood sample to determine his blood alcohol content.

New Jersey law (N.J. S.A. 2C:12-1) states: "A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another."

Continue reading "New Jersey DWI and Assault Charges" »

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Posted In: Assault , Criminal Defense , DUI DWI Drunk Driving

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Juveniles around the country are now facing the risk of acquiring sex offender status for posting naked pictures of themselves on MySpace. This may sound hard to believe, but it happened to a 14-year-old New Jersey girl earlier this year when she was accused of child pornography for posting 30 explicit nude pictures of herself on MySpace.com, according to this news report. If convicted, this young girl could be forced to register as a sex offender in New Jersey.

This is apparently not an isolated incident. Prosecutors nationwide are pursuing child pornography cases resulting from teenagers sending nude photos to one another over cell phones and e-mail, a phenomenon which is now known as "sexting." The New Jersey girl reportedly posted the explicit photos of herself because she wanted her boyfriend to see them. The 14-year-old girl was arrested and charged with possession of child pornography and distribution of child pornography. The consequences she faces if convicted are up to 17 years in jail and sex offender registration.

Obviously this teen and others like her need counseling and help, not jail time. This type of an offense should not fall under Megan's Law that requires the teen to register as a sex offender.

Continue reading "New Jersey Teen Faces Child Pornography Charges" »

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Posted In: Criminal Defense , Juvenile Crimes , Sex Crimes

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New Jersey State Senate President Richard J. Codey has proposed imposing stiffer penalties on repeat drunk driving offenders. According to this news report in the Daily Record, Codey filed a package of bills in the Legislature recently including one bill that would make it a fourth-degree crime to drive under the influence while already suspended for a DUI conviction. These bills basically call for stiffer penalties for repeat New Jersey DUI offenders who have a blood alcohol content of 0.20 or higher. In New Jersey, it is an offense for adults 21 or over to drive a motor vehicle under the influence of alcohol and with a blood alcohol content (BAC) of 0.08 percent or higher.

The other aspect of Codey's proposal is that it would lead to jury trials only for those charged with DUI while already suspended for DUI. Convicted offenders would face between six months and a year in jail and face fines of up to $10,000, according to Codey's proposal. Another bill calls for mandatory jail time of at least 180 days for those convicted with a BAC of 0.20 if they had been convicted of another DUI in the past five years.

This is only a sampling of the proposed new NJ DUI laws. If these bills pass, DUI offenders in New Jersey are looking at an increased prospect of lengthy jail time and brutal fines with less of an opportunity for the case to go to a jury trial. So if you are innocent and have been charged with drunk driving, there is less of a chance that you could be acquitted by a jury because your case simply may not be going to trial.

Continue reading "Stiffer Penalties for New Jersey Repeat DUI Offenders Proposed" »

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Posted In: Criminal Defense , DUI DWI Drunk Driving

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A 33-year-old New Jersey man, who was already wanted on a driving while intoxicated charge (DWI), was arrested for another drunk driving charge, this time charged with aggravated driving while intoxicated with a blood alcohol level above 0.18 percent and third-degree aggravated unlicensed operation, according to this news report. Both these charges are misdemeanors. The man was also charged with traffic infractions and unsafe driving. A sheriff's officer apparently saw the suspected drunk driver driving erratically down the street when he made the traffic stop.

The consequences of a New Jersey DWI charge usually involves possible jail time, a heavy fine and driver license suspension. In New Jersey, fines for drunk driving on a first offense can range from $250 and $1,000. For a first time offense, the license will usually be suspended for seven to twelve months. For a second offense, your license can be suspended for two years, and for a third offense it can be 10 years. These consequences can have a significant impact on your life including social stigma, financial problems and loss of your job.

Continue reading "Man with Pending DWI Charge Arrested Again for Driving While Intoxicated" »

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Posted In: Criminal Defense , DUI DWI Drunk Driving

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A recent WABC-TV New York article reports that a New Jersey school bus driver has been accused of sexually assaulting a 12-year-old girl. Law enforcement officials from Morris County, New Jersey claim that Edward M. Comperchio, 74, of Hopatcong, was arrested at his home on Wednesday, May 27, 2009. According to a statement issued by Morris County Prosecutor Robert Bianchi, Comperchio allegedly parked his school bus before making his scheduled rounds and assaulted the 12-year-old on the bus. Byram Bus Lines confirmed that Comperchio is an employee of the company but law enforcement authorities declined to name the school that the 12-year-old alleged New Jersey sex crime victim attends.

Comperchio is currently being held at the Morris County Correctional Facility on $100,000 bail. A spokesman for Byram Bus Lines, Alan Mackerly Jr, said that the alleged sexual assault charges came as a shock to the company’s personnel. He said, "This is something that hit us out of the blue. My understanding is that this is under criminal investigation and we are cooperating with the authorities and the school board."

Sex crimes in New Jersey are covered by Chapter 2C of the Criminal Code. According to New Jersey law: An actor is guilty of sexual assault if he or she commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

The New Jersey Criminal Code defines sexual assault as a second degree crime which can result in the following criminal penalties:

• Steep fines


• Imprisonment in a New Jersey State Prison of up to 7 years


• Probation


• Parole


• Mandatory registration as a sex offender


• Publication of the offender’s name on the Internet as a registered sex offender


• Restrictions on where they can live


• And other criminal penalties

Continue reading "New Jersey Bus Driver Accused of Sexually Assaulting Girl" »

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Posted In: Criminal Defense , Legal Information , Sex Crimes

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A New Jersey Appellate Division panel of Judges ruled on July 1, 2009 that in New Jersey there is no requirement that the standard DWI statement be translated into Spanish or any other foreign language for the benefit of defendants. However, the Court’s ruling contained a recommendation that New Jersey’s Motor Vehicle Commission consider, prospectively, having the standard New Jersey DWI statement “translated into Spanish and perhaps other prevalent foreign languages.” In the case of State of New Jersey v. German Marquez, the defendant rear ended another vehicle in Plainfield, New Jersey on the night of September 27, 2007. The defendant, who speaks Spanish and neither speaks, reads, nor understands English, was taken into custody following the incident. The arresting officer read in English to the defendant the standard, eleven paragraph statement, regarding the mandatory nature of the breath test and the penalties for refusing the breath test. Following the reading of the statement, the defendant replied in Spanish, “No entiendo,” which means, “I do not understand.” The defendant refused the breath test and was charged with N.J.S.A. 39:50.2 refusal to submit to a breath test.

The Trial Judge found the defendant guilty. During the trial for the alleged DWI offense in New Jersey, the prosecution acknowledged the undisputed language barrier, but maintained the State has no duty to translate. In his ruling, the Judge found the language barrier to be “immaterial.” The Appellate Division panel of Judges affirmed the lower courts guilty finding by opining that, “In procuring his New Jersey driver’s license and in operating his automobile on our public roadways, defendant provided his advance consent to submit to a breath test.” The Court also made the point that the New Jersey license exam can be taken in Spanish and that the Motor Vehicle Commission manual is available in Spanish. Also, the manual contains a section devoted to drunk driving laws and the refusal to submit to a breath test law.

Continue reading "New Jersey DWI – Translation Requirement" »

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A Phillipsburg math teacher and associate head football coach is among the latest to be arrested for his alleged involvement in an Oxycontin distribution ring in Pohatcong Township.

Kevin M.Kane, 38, has been charged with conspiring to distribute Oxycontin, attempt to distribute Oxycontin and drug possession, according to court paperwork. This is the second wave of arrests in connection to the drug ring. All of the alleged crimes occurred between May 20 and June 24 in Pohatcong Township, officials said.

Last week, eight people, including alleged kingpin Frank Stillo, Jr., 45, of the first block of Municipal Drive in Pohatcong Township, were arrested. Authorities say Kane and Stillo arranged a drug buy during a phone call. Kane made his first court appearance and is free on bail.

Many people, of course, are very upset to hear that this type of drug activity may be so closely connected to our public schools. But before everyone jumps to conclusions, we must remember that in our country, we are innocent until proven guilty. There are at least two sides to almost every story, and it is very easy to sling around allegations and sensationalize stories in the press, but not always as easy to prove these cases in a court of law.

The criminal justice system grants all of us certain constitutional rights, and those rights are in place for a reason. People should not be tricked into confessions, or have our privacy rights invaded. If the State is able to prove their case against a defendant in a fair and square manner, then a conviction fits squarely into what the framers of our constitution had in mind. If, on the other hand, constitutional rights were violated in the prosecution of the crime, or the State can not prove its case beyond a reasonable doubt, then the charges should be dismissed and the accused should not have to continue to suffer a tarnished reputation.

Continue reading "PHILIPSBURG TEACHER, ASSOCIATE HEAD FOOTBALL COACH, ARRESTED" »

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The New Jersey Director of Division of Highway Traffic Safety announced in Trenton on June 30, 2009 that the State of New Jersey has handed out grants to 75 law enforcement agencies in the state to be used during the month of July to crackdown on aggressive driving throughout the state. The announcement included the statistic that in the calendar year 2008 there were 22,118 crashes that were attributable to unsafe speed. The grants will be used by the agencies to target New Jersey drivers who speed, tailgate and pass improperly. Highway traffic tends to increase statewide during the summer months when individuals take vacations or spend days at the beach. Therefore, it is common for law enforcement agencies to focus on enforcing the law against aggressive drivers during these summer months. If you have been charged with a motor vehicle violation in New Jersey, you may face points on your license, steep fines, and possibly a license suspension.

Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss the violations you have been charged with. The experienced speeding violation attorneys at the Princeton, New Jersey law firm of Lependorf & Silverstein can advise you on how to fight these tickets so as to minimize the points on your license, steep fines, and possible a license suspension that you may face. Let us go to court to fight for you. While aggressive driving can be dangerous and should never be tolerated, aggressive law enforcement officials and officers often dole out tickets that are overly aggressive as well. Let an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein protect your rights.

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This recent report in NJ.com claims that twenty percent of New Jersey’s total prison population, around 5,596 state prison inmates, consists of inmates serving a mandatory minimum sentence for a drug offense in New Jersey of some kind. While other states have relaxed sentencing for drug crimes to save money on incarceration and alleviate some of the overcrowding in prisons across the country from imprisoning minor drug offenders, New Jersey lawmakers have resisted similar legislation. Critics of mandatory drug sentencing claim that decades of inflexible drug sentencing laws have proven to be ineffective at deterring drug use and drug crimes, lead to dangerously overcrowded prison conditions, cost taxpayers a steadily increasing amount of money each year and unfairly target minorities.

In recent years, many states across the country have eliminated mandatory minimum drug sentencing for some types of drug crimes, but similar measures in New Jersey, which would save taxpayers millions of dollars annually on incarceration costs, have been held up for the past year. In April, the State of New York, one of the earliest adopters of mandatory minimums for drug sentencing known as the “Rockefeller laws,” repealed some of the stricter sentencing guidelines of that legislation.

New Jersey Governor Jon Corzine, the Attorney General, New Jersey prison officials and prosecutors have backed a measure that would reduce drug-free school zones to 200 feet. But Bruce Stout, a former member of a New Jersey State Commission to Review Criminal Sentencing said that the measure “hit the wall at 90 miles an hour and imploded.” Under the current law, anyone convicted of drug possession within 1,000 feet of a school must receive a mandatory minimum of three years in state prison; one year imprisonment for possession of no more than an ounce of marijuana. According to the commission, 96 percent of all people imprisoned for violations in drug-free school zones are either African-American or Latino.

Continue reading "While Other States Relax Drug Sentencing, New Jersey Remains Strict" »

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Posted In: Criminal Defense , Drug Offenses , Legal Information

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