New Jersey Criminal Defense Blog

A recent New Jersey Star-Ledger article reports that a 27-year-old man is suspected of sexually assaulting a 13-year-old girl. The man was charged with multiple charges including second degree luring via electronic means, second degree sexual assault, and fourth degree sexual contact.

The girl told police that she met the man in a Kids Chat. Allegedly, he told her that he was 15-years-old and used the pseudo name, “Slave.” The suspect denies engaging in sexual acts with the girl and knowing the girl’s age.

Police say that the girl told them that she engaged in two sexual acts with the suspect. They arrested the suspect after finding him driving with the girl in the passenger seat.

The penalties for New Jersey sexual assault with a minor include imprisonment, legal fines, and the permanent registration as a sex offender under New Jersey’s Megan’s Law. To make matters worse, sexual assault charges with a minor often carry a negative stigma and severe damage to one’s reputation within one’s community, regardless of whether a suspect has actually been convicted.

If you have been charged with a sexual assault crime in New Jersey, you should take immediate action and hire an attorney to provide you with the benefit of a strong defense. The New Jersey sexual assault defense attorneys of Lependorf & Silverstein are skilled in defending our clients against serious sexual assault charges and may even be successful in helping you get the charges dismissed completely. Contact our office today for your free legal consultation by calling 609-240-0040.

According to an Associated Press article, charges were dropped against a suspect who refused to take a breathalyzer test because the police failed to make him aware of the consequences of his refusal. In 2007, Plainfield police responded to a car accident involving two cars, one of which was driven by the suspect who police believe had been driving drunk. The police first asked the suspect to show his license in English. Because the suspect failed to respond, the police asked the suspect to show his license in Spanish and he obeyed. Although the police initially gave orders to the suspect in Spanish, they spoke to the suspect in English for the remainder of the police questioning.

When police told the suspect in English that he would lose his license for 7 months, if he refused the alcohol breath test, he shook his head and pointed to his eye. Since the suspect declined the alcohol breath test, he was charged both with driving while intoxicated and refusing to take the breath test.

Later, the suspect told the court that he did not understand the police and he pointed to his eye, because he had just consumed painkillers for an eye irritation. He further argued that he was not made fully aware of his rights.

The New Jersey Supreme Court found that because the suspect did not understand the consequences of refusing to take the alcohol breath test, since he did not understand English, he therefore lacked informed consent. Consequently, all New Jersey police officers must now provide translations of rights to suspects in drunk driving cases. This should help prevent common New Jersey police DWI mistakes.

If you have been charged with a DUI in New Jersey, you have the right to be informed that a refusal to an alcohol breath test revokes your license for 7 months. You also have the right to skilled DUI defense representation from the experienced New Jersey DUI defense attorneys of Lependorf & Silverstein. Call our office today at 609-240-0040, for a free consultation.

In late June 2010, the US Supreme Court decided the issue of the constitutionality of whether certain people could be restricted from owning guns. In McDonald v. City of Chicago, the issue arose of whether the 2nd Amendment’s right to bear arms was applicable to state laws.

The Supreme Court held that the 2nd Amendment does in fact apply to the states. The reason for the controversy surrounding one’s right to bear arms stemmed from the City of Chicago’s ban on handguns for domestic violence offenders.

Studies have found that in instances of domestic violence where the offender possesses a handgun, the victim is more likely to be killed. Thus, Chicago instituted the ban as a preventative measure.

According to a Huffington Post story, opponents of the City’s handgun ban challenged the constitutionality of the measure, which was sent to the Chicago Federal Appeals Court. Previously, the Second Amendment right to bear arms had not applied to the states, although all American citizens had a federal constitutional right to bear arms.

Continue reading "State Handgun Bans Clash with US Supreme Court 2nd Amendment Ruling" »

According to an article on NJ.com, the Trenton police found the dead body of a male, when responding to the scene of a car accident. The accident occurred at an overpass located at the junction of Route 29 and Market Street.

Officials say that the man was shot three times as his car waited at a stop light. The police matched the victim with one of the names in the gang database. He had previously been arrested for possession of drugs and racketeering, and served over 2 years in prison. The police suspect the murder was motivated by gang activity.

The victim had been released in May 2009 and was allegedly considered as a top member in a faction of the Bloods that once consisted of a population of an estimated 200 members in the Trenton area.

Although police say the numbers of gang members have been reduced in the area as a result of stringent prison initiatives, police admit that gangs still exist.

New Jersey murder charges, especially those considered to be gang-related, require the legal representation of highly skilled and competent attorneys. A wrongful conviction for a murder offense can have detrimental consequences for an innocent individual. Each of our attorneys at the New Jersey criminal defense law firm of Lependorf & Silverstein have almost 20 years of experience defending the rights of clients accused of violent crimes, including murder and assault. Let our attorneys ensure that you receive a fair trial and aggressive legal representation against serious criminal charges. For a free consultation, please contact our office today at 609-240-0040.

According to the U.S. Probation Office – District of New Jersey, a probation violation in New Jersey can adversely impact a person’s criminal record and can result in imprisonment.Unlike parole, defendants usually receive probation if they have completed a county jail sentence, entered a guilty plea and negotiated a probation sentence, or if a judge decides to provide probation in lieu of jail time.

A criminal defendant is eligible for probation based on a number of factors determined by the judge, including the previous criminal history and the severity of the crime committed. Probation can be negotiated by attorneys who hold highly experienced representation of criminal defendants.

On the other hand, a defendant is considered on parole, after having completed a state jail sentence following a conviction in court. Like parole, probation requires that a defendant fulfill certain legal commitments and conditions as determined during a defendant’s sentencing.

These legal conditions may include attending court appointed visits, checking in with a probation officer, abstaining from consumption of alcohol, entering a drug rehabilitation center, and any other conditions negotiated by a defendant’s attorney with the judge.

Continue reading "Avoiding a New Jersey Probation Violation" »

The 5th Amendment of the Constitution states that a person has the right to protection against self-incrimination. This protection can be first invoked during a police interrogation, according to information on the United States Supreme Court website.

Historically, the courts sought to further remedy the flaws in the legal system that resulted in those accused of crimes making statements that later resulted in their convictions because of intimidation from law enforcement officials or improper coercive tactics. In 1966, the Supreme Court decided the landmark case, Miranda v. Arizona, where an accused minority suspect was not informed of his right to counsel as well as his right to remain silent.

As a result, the suspect confessed to a crime during police interrogation, but because the police tactics were considered coercive and because the suspect was not made aware of his constitutional rights, his confession was considered invalid. Based on the premise of this case, all suspects are entitled to what is now known as Miranda rights.

Miranda rights include the right to remain silent and the right to legal counsel, or an attorney. On June 1, 2010, the Supreme Court recently made revisions to the Miranda rights law in deciding what constitutes an exercise of a right to remain silent and a waiver of a right to remain silent.

Continue reading "Knowing How to Use Your Miranda Rights" »

An article reported in the New Jersey Star-Ledger states that nearly 30 people were suspect of engaging in a mortgage fraud scheme. The police say that the suspects used forged documents, including fake pay stubs and bank statements, to deceive banks into offering them loans for phony properties.

Using a loan officer affiliated with the suspects, the suspects allegedly filed for loans that were never fully processed. The loan officer worked as an undercover mole that assisted the police with their investigation of the suspects.

Police also allege that the suspects of the fraud crime in New Jersey range in age from 27 – 77. They included real estate agents, mortgage consultants, appraisers, accountants, and many other people who had a great familiarity with the mortgage system. They attempted to sell properties that did not belong to them, and if their fraudulent schemes had succeeded, police say the suspects would have made approximately $5.5 million dollars.

Continue reading "28 Suspects Arrested for an Alleged Mortgage Fraud Scheme" »

According to a recent news article on NJ.com, a man from Blackwood, NJ has been arrested based on accusations that he stabbed a cab driver. Police authorities have charged a 20 year old man with criminal attempt at homicide, robbery, aggravated assault with a weapon, in addition to two weapons charges.

Allegedly, a Lindwold Cab Company cab driver picked up the suspect for a fare in Gloucester County. Police say the driver was later stabbed in the neck by the suspect.

The police relied on assistance from various law enforcement agencies, such as the US Marshal Service, the Gloucester County Prosecutor’s Office, and the Gloucester County Police Department. They allege that the suspect confessed to the crimes committed against the cab driver, and that they have found the alleged weapon used in the crime.

In New Jersey, robbery becomes a first degree offense if suspects are accused of using weapons or inflicting bodily harm upon victims. The person accused of robbery in the first degree may face imprisonment of 10 years or more in addition to criminal fines.

Continue reading "Blackwood Man Accused of Stabbing Cab Driver" »

According to an article in the Jersey Journal, a 36-year old man from Union City is accused of committing home invasion by impersonating a police officer. Allegedly, the suspect blindfolded and handcuffed the occupant who lived on Caroline Avenue in Linden, New Jersey.

Police say that the suspect robbed the Caroline Avenue resident of a handgun. When the suspect was apprehended, the police found what they believed may have been cocaine in the suspect’s vehicle in addition to a fake New Jersey Police Officer’s badge, $6,000 cash, a handgun, and handcuffs.

The police also claim that the suspect had allegedly transported the remains of two people who had been murdered in Union City. The police say that the remains of the two victims had been discovered on Linden Street. Security cameras captured images of a car located near the crime scene and the image of a man.

Responding police officers believe that the suspect was the man driving the same car that appeared in the security camera video. Currently, the suspect is charged with drug possession with intent to distribute within 1,000 feet of a school, robbery, kidnapping, and weapons offenses.

Continue reading "Linden Home Invasion Suspect Accused" »