New Jersey Criminal Defense Blog

The Governors Highway Safety Administration announced in a report on August 19, 2009 that multiple states will be participating in the national “Drunk Driving. Over the Limit. Under Arrest.” program. The program aims to better regulate drunk driving during the Labor Day holiday period, discouraging vacationers from driving under the influence and posing serious risk to all other motorists on the road. Law enforcement will begin their concentrated effort on August 21 and end on September 7 to help combat what is often referred to as our nation’s most fatal crime, with 11,000 alcohol-impaired deaths having occurred in 2008.

Given that August and September are considered the most deadly periods on the road by the Insurance Institute for Highway Safety, saturation patrols, sobriety checkpoints, a $13 million national media campaign, and state-funded advertising will all contribute to the drunk driving crackdown.

One of the main focuses of the campaign’s awareness will be on female drivers, who have become a growing group of drivers arrested for driving under the influence of alcohol or drugs. New Jersey is among one of many states that has noticed this trend. In examining 56% of the country, the amount of women arrested for DUI was 28.8 percent higher in 2007 than in 1998, while the number of men arrested actually experienced a 7.5% decrease.

Continue reading "National Program to Fight Against Drunk Driving" »

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

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Rapper and activist Wise Intelligent says he was falsely arrested for a drug crime in New Jersey right in front of his home after they thought they saw him in the act of selling drugs, this report states. Wise, who is apparently a founding member of the group, Poor Righteous Teachers, blogged about the experience on his MySpace page.

According to Wise's account, he was driving home when he came across a friend who was jogging near his home. The pair spoke, exchanged handshakes and Wise went on his way. As he pulled in front of his house, he heard police sirens behind him and was surrounded by officers. He was asked several questions, asked to leave the vehicle and was padded down. Police searched him and his vehicle. The rapper apparently had no warrants, prior arrests or even traffic and parking violations. At the end of it all, Wise Intelligent was charged with obstructing an investigation, which carries a fine of $1,000 and up to six months in jail. He has pleaded not guilty to the charge.

Continue reading "New Jersey Rapper Says He Was Falsely Arrested" »

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Posted In: Criminal Defense , Drug Offenses

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An assistant prosecutor for a New Jersey county has been accused of drunk driving near his home in Bethlehem. According to a report, the arrest occurred when firefighters were tying to put out a burning vehicle and the man changed lanes to pass a tow truck running over a fire hose. The assistant prosecutor reportedly failed three field sobriety tests. Officials say his preliminary blood alcohol level was 0.08 percent. The prosecutor is continuing on the job. His office, meanwhile, has opened an internal investigation.

It is illegal in the state of New Jersey as well as in most other states to drive with a blood alcohol content of 0.08 percent or greater. The consequences for a DUI in New Jersey are rather severe. Not only can you face jail time, but you may also lose your driver's license, which in turn could jeopardize your job and your career. If there was any aspect of your case that can be legally challenged, then you have the right to avoid these harsh penalties.

Continue reading "Assistant Prosecutor in New Jersey Charged with DUI" »

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Posted In: Criminal Defense , DUI DWI Drunk Driving

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According to recent reports from the New Jersey Crime Examiner, law enforcement officials in the state’s Bergen County recently rounded up over a dozen suspected gang members in an effort to curb New Jersey gang crime in the densely populated community.

Located in the northeast corner of the state, Bergen County has the highest population in the state. Police there report activity by several different street gangs, and the Examiner shows police rounded up several members of a “Rollin’ 20s” gang after a successful sting operation where undercover detectives bought guns and illegal substances from the individuals.

Police officials have identified the “Rollin’ 20s” as part of the larger national gang called “Bloods,” a notorious super-cartel that often battles a national rival gang known as “Crips.” Police in Bergen County also identified a gang called “Sex Money Murder” as part of the Bloods network.

New Jersey residents are often glad to see these sweeps occurring because gang members and those selling illegal drugs are removed from the streets. However, law enforcement can sometimes have a hard time figuring out how to arrest and charge the appropriate individuals, especially in charges related to being “part of a gang” or other criminal network.

Some young NJ residents may find themselves the target of onerous police charges where the zeal of law enforcement is misplaced in the hunt for New Jersey’s hardened gang members. In these cases, it takes help from skilled legal professionals to represent those who may be innocent, or only guilty by association, just by being in the wrong place at the wrong time.

Continue reading "Bergen County Police Round Up “Bloods”" »

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Posted In: Criminal Defense , Gang Crimes

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A 41-year-old New Jersey martial arts teacher pleaded guilty to having sex with two of his underage female students, according to a report. The teacher was also a New York City police officer who was suspended from the department following his arrest. The man pleaded guilty to three counts of transporting minors across state lines for the purpose of having sex with them, which is a felony under the federal Mann Act. The man met the victims through his martial arts studios in West Milford, New Jersey and Middletown, the report said.

The man faces a mandatory minimum sentence of five years in prison for one count of the New Jersey sex crimes covered by his plea and 10 years for each of the other two counts. The five-year sentence involves a case from 2003 when the man reportedly drove a 14-year-old girl from Brooklyn to Middletown via New Jersey. By 2006, when the man reportedly had sex with two other minors, Congress had increased the penalties for the federal Mann Act violations, which is why he faces 10-year mandatory minimums for the 2006 crimes.

Continue reading "Karate Instructor, Former Cop Pleads Guilty to Sexually Assaulting Students" »

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Posted In: Criminal Defense , Sex Crimes

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A national coalition of government partners researching the effects of DNA testing on crime solving has demonstrated the power of this scientific method with a series of case studies on criminal activity in New Jersey.

Partners in the DNA Initiative include the National Institute of Justice, the Office on Violence against Women, the Office on Community Oriented Policing Services and the Federal Bureau of Investigation.

What this project is finding is that DNA evidence could go a long way toward helping to shed light on some of the worst offenders that currently escape police dragnets.

As part of its outreach website, the DNA Initiative has identified a set of “preventable rapes” in cases in the Essex County and Trenton communities and in other parts of the state.

In one observation, the case study shows how a criminal who committed three rapes in New Jersey within Essex County could have been identified and apprehended after the first offense through DNA testing for previous legal violations.

What the New Jersey Case Studies show is that DNA evidence could be highly effective in crime solving. However, some of the newest methods are not always employed in law enforcement due to budget constrictions or other factors.

Continue reading "National DNA Initiative Shines Light on New Jersey Crime Prevention" »

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Posted In: Assault , Criminal Defense , Legal Information , Sex Crimes

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Stand-up comedian Artie Lange has pleaded not guilty in court to one charge of New Jersey DUI, according to this UPI news report. Lange, who gained celebrity with "The Howard Stern Show" and "MADtv" was arrested after he was involved in a rear-end car accident. Police officials say in the news report that there was no indication Lange was under the influence of illicit drugs at the time of the incident. Lange has denied that he was drunk or under the influence of drugs at the time. He says he had only taken a prescribed antidepressant at the time. Lange reportedly sought treatment last year for an alleged long-term addiction to drugs.

This story is a little confusing because it is not clear why Lange was arrested in the first place if there was no indication that he was under the influence. What was the probable cause here? An individual's former addiction or history certainly should not play a role in an arrest. Any officer who arrests an individual on suspicion of DUI or DWI in New Jersey is required to take that particular incident into account and make an objective assessment of whether the individual became involved in an accident because of DUI or because they simply made a mistake.

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Posted In: Criminal Defense , DUI DWI Drunk Driving

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New Jersey Assemblywoman Pamela R. Lampitt has introduced legislation aimed at curtailing "sexting" that involves young girls and boys sending racy and often, nude pictures of themselves online including sending explicit photos over their phone. According to this Associated Press report, the actions of these teens technically amount to distribution of child pornography, a New Jersey sex crime charge that could carry severe, lifelong penalties for these young people.

Under Lampitt's proposal, juveniles caught sending sexually explicit photographs via their cell phones will not face criminal prosecution. Instead, it would create an educational program in which participants would learn about the potential state and federal legal consequences and penalties for sexting. The program will also teach teens about the personal consequences including the effects of sexting on relationships, school-life and ruined future career and educational opportunities. Under the proposed legislation, it would be up to prosecutors to determine who can or cannot be admitted into this educational program. Juveniles who successfully complete this program will avoid trial or criminal record.

Continue reading "New Jersey Legislation Aims to Curtail Sexting" »

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Posted In: Criminal Defense , Juvenile Crimes , Legal Information , Sex Crimes

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