New Jersey Criminal Defense Blog

The recent arrest of a man in Virginia for indecent exposure has left many citizens across the U.S. with different reactions as to what characterizes intentional and accidental exposure of one’s private parts when in the confines of one’s own home. According to a northjersey.com article, Fairfax police are saying that the man “wanted to be noticed…positioning himself so that the mother and child would see him not once, but twice.” The accused man claims that he never saw the 45-year-old woman and her 7-year-old child as they walked by his suburban house and spotted him in the nude through the window. Nevertheless, if the man is convicted, he may face a sentence of up to one year in jail for indecent exposure.

It is clear that this case may present some complex issues given the often blurred separating, or differing interpretations, of what constitutes private and public space, especially in instances where the windows of a house may not have blinds or curtains to hide inside activity from the outside.

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Posted In: Criminal Defense , Legal Information , Lewd Conduct , Sex Crimes

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An article discusses the recent case of a truck driver from New Jersey who allegedly caused the death of three people. According to the report, the truck driver has pleaded guilty to the felony charge against him for grossly negligent operation resulting in death. While attorneys say that they will be asking a Vermont District court judge to sentence the 42-year-old man to one to 10 years in prison, defense attorneys are said to be planning to request a suspended sentence.

So what’s the story behind this man’s guilty plea? Such a case is often far too complex to accurately explain here. However, it is yet to be determined whether the truck driver will serve jail time, be given a suspended sentence, or if the case will have a completely different outcome than is currently expected. As the case stands now, it all began after the truck driver was accused of hitting two cars while driving his tractor-trailer on Route 9 in Woodford when the truck overturned along a sharp, downhill curve. More details as to the condition of the driver at the time of the accident and other causation factors have not been made public at this time.

While it is true that motorists, including commercial truck drivers, have many responsibilities while operating a vehicle on the road, there may be multiple factors that contribute towards causing an accident other than driver negligence. Evidence is always a critical element to any vehicular manslaughter, homicide, or murder case, as it is sure to be in the aforementioned incident.

Continue reading "New Jersey Truck Driver Involved in Felony Gross Negligent Operation Case" »

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Posted In: Criminal Defense , Legal Information , Traffic Offenses

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For a teenager to be sentenced as an adult is a serious matter which usually draws differing public opinion regarding whether justice has been served or if justice has gone too far. According to an nj.com article, a Jersey City teen, who is now 17-years-old, was 16 at the time he was arrested for holding a gun to a man’s head during a robbery. On October 29, 2009 the teen received a sentence as an adult amounting to six years in prison. Whether the teen will be held with other youthful offenders until he turns 18, or will be housed with the general population at the prison, is yet to be decided by New Jersey Department of Corrections Officials.

Apparently, the teen had eight prior encounters with law enforcement before the alleged robbery with the gun. Other allegations against the boy relate to acts of violence and weapons use. Based on the article, a Hudson County Assistant Prosecutor stated that the boy is required to serve 85% of his sentence before he may be able to qualify for parole, and also said, “This is still a young man and there is some chance of rehabilitation.”

This case has raised concern regarding an unsettling trend in the amount of juvenile offenders who seem to rapidly turn to serious crimes. The argument behind this teen’s prison sentence is that his first conviction was an armed robbery case, whereas other juveniles may receive some leeway in the form of a probation sentence if their first conviction is a drug case. The Hudson County Assistant Prosecutor also said, “We are seeing more and more gun-related crimes or crimes of violence by people who are younger.”

Continue reading "Jersey City 16-Year-Old Sentenced as an Adult" »

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

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A heated topic of discussion lately has been the recent arrest of a Chatham church janitor who is accused of killing a parish priest whose body was found in the church rectory. Apparently, law enforcement in Philadelphia has been looking for the janitor since 1988 due to an alleged indecent assault of a minor. In addition to the charges that he stabbed and killed the priest at Saint Patrick Church, the 64-year-old man is also accused of having more than two aliases and using various social-security numbers and identifications within the years to cover up his past.

According to an nj.com article, the arrested man had been working for the church as a janitor since 1992. Authorities are saying that he became very upset during a discussion with the priest regarding his continuous employment. Even though reports state that the case against this man is “very strong”, a case involving homicide or murder requires precise and accurate procedures relating to investigation, evidence collection, interrogation, and much more.
Having past criminal charges can play a determining factor in an individual’s case when punishment is being decided, especially if this past has been the reason for a person being considered a fugitive. However, even when an accused has a history of criminal charges, he or she is innocent until proven guilty and has the right to a fair trial and legal representation.

As it is defined in New Jersey State Law 2C:11-2, an individual is guilty of criminal homicide if:

• He or she purposely, knowingly and recklessly causes the death of another human being

• Criminal homicide is murder, manslaughter or death by auto

Continue reading "Chatham Church Janitor Charged with Parish Priest's Murder" »

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Posted In: Criminal Defense , Murder

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A recent shorenewstoday.com story discusses the recent success of Oakcrest High School’s participation in New Jersey’s School Violence Awareness week from October 19-23, 2009. As one of many schools that took part in the state-wide awareness week, students found themselves listening to anti-violence discussions from law enforcement personnel and participated in a series of activities that both helped inform them about potential dangers and stressed the importance of character and social awareness education. According to the article, the State of New Jersey provided guidelines for the required awareness week.

Based on the report, Oakcrest High School had representatives from the Hamilton Township Police Department and the New Jersey Juvenile Justice Commission address freshmen health classes regarding the juvenile justice system, crime statistics, and the consequences of gang membership. In addition to these talks, teachers focused their lessons distinctively on teasing and bullying, and unique assemblies were put on to help motivate students to both recognize and make positive choices. To demonstrate that they were internalizing all the maters being discussed, students made posters, wrote skits, and dance classes created their own choreography inspired by conflict and resolution scenarios.

In recognizing the reality that violence awareness should be upheld at all times in a school-setting, Oakcrest High School implements a year-round peer mediation program run by student mentors to help identify problems before they lead to violent acts. Other efforts by the school to protect its students from violence or other harmful acts include visitor buzzer access to the building, bus evacuation drills, fire drills, staff and visitor ID badges, and school lockdown practices.

Continue reading "New Jersey's School Violence Awareness Week Hopes to Curb Juvenile Crime" »

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Posted In: Criminal Defense , Juvenile Crimes , Legal Information

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It was announced in an nj.com report that a four-day “Fugitive Safe Surrender” program expects to welcome approximately 5,000 individuals with open criminal warrants (perhaps more even) at Bethany Baptist Church from November 4 through November 7, 2009. According to the article, the program is designed to provide those with warrants for non-violent crimes the chance to resolve their legal problems by turning themselves in once and for all. The State Attorney General stated that the public safety initiative “is not an amnesty program” but instead is “a second chance program.” Approximately $100,000 was budgeted for the Newark program, which was paid for through federal stimulus funds.

Authorities from a dozen agencies conducted their press release announcing the “Fugitive Safe Surrender” initiative, claiming that those who surrender will receive “favorable consideration” from the courts. Some may question the validity of such a claim, especially considering that each criminal case, even if it relates to a non-violent offense, varies greatly from case to case. In fact, a local leader of a group that assists ex-offenders stated that many people with open warrants want clear-cut guarantees that they will not be arrested if they turn themselves in. However, while officials have not made these assurances, they have mentioned that less than 3% of people who surrender are arrested.

Even though it is speculated that a small percentage of the fugitives who surrender will actually be arrested, it will be interesting to see how matters play out. Nevertheless, any effort to help curb crime and make communities safer is something that deserves positive recognition. As skilled New Jersey criminal defense attorneys, we understand that running from the law is never a proactive decision for a person being pursued for having committed a crime. Every criminal offense is different and each case has unique circumstances that can influence the outcome. Factors that may play a determining role in an individual’s case include an existing criminal record, other pending offenses, and much more.

Continue reading ""Fugitive Safe Surrender" Program to Begin in Newark" »

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Posted In: Criminal Defense , Legal Information

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According to an article from politickernj.com, New Jersey lawmakers are strongly advocating for the pardon of a medical marijuana user who turned to its consumption due to not being able to afford costly pharmaceutical drugs to ease his pain from multiple sclerosis. The article states that the lawmakers believe that the charges of multiple counts of possession and manufacture of illegal drugs, including first degree maintaining or operating a drug-production facility, are “inhumane, illegal and inconsistent with direction of state’s drug policies.”

Based on the report, 17 marijuana plants were discovered in the backyard of the arrested man’s Franklin Township home by a training fly-over New Jersey National Guard helicopter in August 2008. According to the defendant’s lawyer, the man relied on the use of natural substances to alleviate his suffering, including bee-sting therapy and marijuana that was purchased illegally.

If the man is convicted, these charges could result in a prison sentence of up to twenty years, and would deny him the opportunity to qualify for the Pre-Trial Intervention (PTI) program, which is an alternative to incarceration for non-violent offenders. Even though state prosecutors have offered a plea agreement of four years imprisonment, the Union County lawmakers have called on Governor Corzine to pardon the man of the drug-production facility charge so that he may qualify to participate in PTI and avoid spending time in prison.

Continue reading "Lawmakers Urging Pardon of Medical Marijuana User Who Suffers from MS" »

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Posted In: Criminal Defense , Drug Offenses , Legal Information , Marijuana Defense

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