New Jersey Criminal Defense Blog

With on-line advertising becoming so popular, many people are offering adult services on the internet. Craig’s List became a very popular place to advertise such services but due to increasing pressure, they have stopped accepting adult service ads. There are many other sites that do offer this source of advertising and since the ads are out in the public for all to see, many local police departments have set up sting operations to arrest these individuals that are offering their services.

It is important to note that merely being an escort and offering your time and companionship for money is not illegal. What makes this activity illegal is when it fits into the definition of prostitution and sexual activity as outlined in 2C:34-1.

2C:34-1 defines prostitution as “sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.”

Sexual activity “includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.”

In many cases, the police arrest an individual before any of the above activity has occurred or clearly is offered. If you have been charged with such an offense, it is imperative that you contact an experienced New Jersey sex crime attorney as soon as possible. The lawyers at Lependorf & Silverstein have experience dealing with prostitution and escort related charges and know how to avoid successful prosecution of these matters. Call us today for a free legal consultation.

Like civil penalties for a DUI/DWI in New Jersey, the severity of criminal penalties depends on whether or not the offender has had a previous DUI/DWI conviction. Criminal penalties for drunk driving in New Jersey typically include fines, a prison sentence, revocation of a person’s driver’s license for an extended amount of time, mandatory installation of an ignition interlock device and community service.

Drivers who have never had a DUI charge before face up to 30 days in jail, fines upward of $400 or more, suspension of their license for six months to one year and they will be required to attend Alcohol Awareness classes.

Those drivers who have been charged with a second DUI offense within ten years of their first face steeper fines ranging from $500 to $1,000 plus other financial penalties. They must attend Alcohol Awareness classes, perform 30 days of community service and will face between 48 hours to 90 days of jail time. In addition, the offender will lose their New Jersey driver’s license for two years and be required to install an ignition interlock device in their car.

Continue reading "Criminal Penalties for a New Jersey DUI" »

On August 4, 2007, three people were shot and killed execution-style in a school yard in Newark, according to The Associated Press. One more victim, who survived, was sexually assaulted, shot in the head and slashed with a machete.

On September 21, 2010, the 21-year old defendant who was accused of committing the three murders pleaded guilty. He will be sentenced in early November. According to the article, the slayings were an initiation into the Central American gang, MS-13. The defendant was one of a group of suspects who allegedly committed the murders with one suspect being sentenced to over 200 years in prison on 17 felony charges.

Murder charges are serious and can carry long prison sentences. For someone who is facing charges of murder in New Jersey, a prison sentence is a life altering event that can have a devastating effect on one’s life, especially if the accused person did not commit the crime. There are instances where innocent people get caught in the crossfire and are charged for crimes that they had nothing to do with. In this case, it’s critical for someone to get in contact with a competent New Jersey criminal defense attorney.

If you or a loved one has been charged with murder or another crime in New Jersey, you need the best representation you can find. The experienced Princeton murder defense lawyers at Lependorf & Silverstein will meticulously examine every circumstance surrounding your case and build a strong defense in order to garner you the best outcome possible. A prison sentence not only affects the life of the accused person, but it also affects the lives of their family. Call Lependorf & Silverstein at (609) 240-0040 today to learn how we can defend your rights.

A DUI is a serious offense in the state of New Jersey that carries a number of penalties with it. Fines, possible jail time, community service, license suspension and the mandatory installation of an ignition interlock device are all consequences that you face if you’re cited for driving under the influence of alcohol or drugs. Depending on whether it’s your first or a subsequent offense, the amount of time and money you’ll spend with each penalty will vary.

When you choose to drink and drive, you run the risk of injuring another person or their property. In the event that a person is injured or killed because you made a bad decision, you could be held responsible for their medical bills, pain and suffering, property damage and other expenses. A DUI charge is anything but easy on your record, your time and your wallet. However, making the choice to abstain from drinking and driving will help you avoid having to deal with any of these penalties.

In many cases, motorists charged with a DUI/DWI in New Jersey are first time offenders, therefore the thought of having a criminal record is cause of panic. If you or a loved one has been cited and charged with driving under the influence, it would be in your favor to retain the services of a qualified New Jersey DUI attorney. Not only will they help you understand your legal rights, they’ll look at all of the evidence in order to present a strong DUI defense in a court of law. The reputable New Jersey DUI lawyers at Lependorf & Silverstein understand your situation and have extensive experience in DWI and DUI law. To schedule a free consultation of your New Jersey DUI case, please call (609) 240-0040.

An article featured on NJ.com reported that a Bordentown car dealer was sentenced to 33 months in federal prison for running a bank fraud, wire fraud, and money laundering scheme. Police officials reported that the suspect accumulated a multi-million dollar debt through his fraudulent scheme.

The suspect routinely engaged in a fraudulent activity known as “check kiting” by allegedly writing a check on one account and then depositing that amount into another, despite providing that his accounts had insufficient funds. Assistant U.S. Attorneys argued that this case requires an unavoidable prison sentence. In addition to the prison term, the suspect was to serve five years of supervised release and was ordered to pay back $6,945,096 in restitution.

In New Jersey, bank fraud, wire fraud, and money laundering are federal crimes, however, this can occur on a state level as well. Depending on the alleged amount, writing bad checks 2C:21-5 [Check Fraud] is to be considered a serious offense and can lead to a possible jail sentence. If you or a loved one has been charged with forgery or fraudulent offense 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 criminal defense attorneys of Lependorf & Silverstein will advocate on your behalf against the serious charges that you’re facing. For your free legal consultation, contact our office at (609) 240-0040.

One of the elements that the State must prove beyond a reasonable doubt to get a conviction for a New Jersey DWI (driving while intoxicated) is that the defendant operated a “motor vehicle” while intoxicated. The question then becomes, what constitutes a motor vehicle?

N.J.S.A. 39:1-1 defines a “motor vehicle” as “all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles”.

The provisions of N.J.S.A. 39:1-1 define “vehicle” as “every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.”

A snowmobile is considered a motor vehicle pursuant to the statute. The provisions of N.J.S.A. 39:4-50(a) apply to the operator of a snowmobile when he or she operates across a public highway, or on public lands or waters. Unlike with conventional motor vehicles, a snowmobile operator can not be convicted of a DWI if he or she is operating the snowmobile on private property.

An all-terrain vehicle (ATV) is considered a motor vehicle pursuant to the statute. Again, in order to be found guilty of DWI, the operator must be operating the ATV across a public highway or on public lands or waters. Unlike with conventional motor vehicles, operation of an ATV while intoxicated on private property is not an offense.

Roller skates and skateboards do not meet the statutory definition of a motor vehicle. Unless the roller skates or skateboard are equipped with some type of motor in order to help propel them, they are excluded from DWI prosecution.

The issue of whether a bicyclist can be charged with DWI in New Jersey has been somewhat controversial. One court ruled that the law requires bicyclists to obey all of the provisions of the motor vehicle code and thus could be found guilty of driving while intoxicated. Two later cases though came to the opposite conclusion and ruled that since a bicycle is propelled by muscular power, it does not fit the definition of a motor vehicle and its operator can not be found guilty of DWI.

If you have been charged with a DWI offense in the State of New Jersey, contact an experienced New Jersey DWI attorney as soon as possible. At Lependorf and Silverstein, our attorneys have handled many DWI cases and have the experience to know what arguments should be made on your behalf. We are familiar with how serious this charge is for you and we will provide your case with the effective, aggressive representation that we have built our name and reputation on.

Police officials in New Jersey arrested 1,302 fugitives and parolees with outstanding warrants, according to an article on NJ.com. The sweep began on July 1st and lasted through August 1st. 913 fugitives were arrested, with the remaining 385 being arrested for skipping parole appointments. The sweep was geared toward taking criminals off the streets during the summer, which is when police normally see a spike in crime.

Two cases earlier in the year pertaining to parolees who had been accused of six murders while warrants had been out for their arrests highlighted law enforcement’s need to make a change. Police officers from the local, county, state and federal levels were involved in the sweep. According to the article, many of the fugitives and parolees were found around their homes, making it easier for law enforcement to locate them.

Being accused of a crime, no matter what type of crime it is, can be an overwhelming and frightening experience. Depending on the circumstances of the crime, the accused person may face jail time, fines, community service and a permanent mark on their record. Parole violators face going back to prison and other potential consequences.

If you or a loved one has been accused of a crime in New Jersey, you will need the best legal representation you can find. At Lependorf & Silverstein, our attorneys have nearly 20 years experience each is handling criminal defense cases. Our aggressive Princeton criminal defense lawyers will examine the circumstances of your case and build a strong defense in order to gain the best possible outcome. To learn more about how we can help defend your rights, call Lependorf & Silverstein at (609) 240-0040.

A suspended Plainfield schools superintendent will not be eligible for pretrial intervention (PTI) as he fights charges of falsely swearing that the children of two subordinates lived with him so they could attend South Plainfield schools.

The superintendent’s attorney said that they will appeal the eligibility ruling. The case, currently pending in Middlesex County Superior Court, will delay the trial until the appeal is heard.

In New Jersey, Pretrial Intervention, also referred to as PTI, is a program for some first time offenders that essentially puts the case on hold for a period of time set by the Court. During that period of time, the defendant is on probation and must comply with certain requirements set by the Court. These requirements can consist of no further violations, maintaining full time employment, random drug screens, restitution, etc. If all of the requirements are met at the end of the period of time, the charges are dismissed and the defendant is left with no criminal record. The arrest itself can then be expunged six (6) months after the period of PTI has expired.

PTI can be entered into with or without a guilty plea. Of course it is always preferable that there is no guilty plea and an experienced New Jersey criminal attorney can help negotiate this result.

If you or a loved one has been charged with a crime in the State of New Jersey, it is imperative that you speak to an experienced New Jersey criminal attorney as soon as possible. There are multiple programs like the pretrial intervention (PTI) program that can significantly lesson the lasting impact that an arrest can have on you. The attorneys at Lependorf and Silverstein are familiar with these programs and are experienced with making these programs available to their clients.

Many drivers don’t stop to think about the consequences that a DWI could have on their careers. It’s scary enough to have a New Jersey DWI conviction on your driving record that carries a suspension period of your driver’s license. What if your choice to drink and drive caused you to lose your professional license as a registered nurse, pilot or truck driver? Well, that’s exactly what can happen in the state of New Jersey and nationwide.

Professions that require a type of license to practice have certification boards that mandate the reporting of drunk driving convictions and other offenses. Depending on the charge and the number of times the offense has been reported within a certain time frame, the licensing board may issue penalties of their own that could include the revocation of your professional license. Therefore, a driver’s choice to drink and drive affects their life in more ways than they thought. It could affect their privilege to earn a living in their career of choice.

DWI charges are stressful enough as it is without adding the possibility of having your professional license taken away. If you or a loved one has been accused of drinking and driving, you’ll want to hire an experienced Princeton DWI lawyer to help educate you on your legal rights as well as explain all of your options. The skilled and reputable DWI attorneys at Lependorf & Silverstein have years of experience with New Jersey DWI law and know what it takes to get you the best possible outcome for your case. If you have questions regarding your DWI in New Jersey, please call the attorneys at Lependorf & Silverstein today at (609) 240-0040.

A Leonia man and a Bergen man, as well as four other suspects were arrested and charged with cocaine possession last week. According to an article on NorthJersey.com, authorities received an anonymous text message tip through the Bergen Tip Line Program, a text-message based system that allows residents to safely report suspicious activity. The drug bust was the largest of its kind since the program was implemented in March with police confiscating nearly six kilos of cocaine worth $300,000 and $23,000 in cash.

Several law enforcement agencies participated in the bust that led to the arrests of the six suspects. Of the group, two were New Jersey residents with the other four living in Florida. The group from Florida was allegedly hired to transport the drugs to New Jersey in an F-350 equipped with a secret compartment. Police had been surveying a few various addresses where the suspects were living before the bust occurred. All suspects were charged with one count of possession of a controlled dangerous substance in a quantity greater than five ounces, which is a first degree crime.

If you or a loved one is facing a drug crime in New Jersey, it would be in your best interest to contact an aggressive and knowledgeable criminal defense attorney. Drug crime convictions may bring lengthy jail sentences in addition to fines and other penalties. A prison sentence of any amount of time can be a life altering experience for an individual and can impact your family and career. The experienced New Jersey drug crime defense attorneys at Lependorf & Silverstein will examine the circumstances of your case and build a strong defense in order to ensure the best possible outcome. Call us today at (609) 240-0040 for more information about how we can defend your rights.

A former Division of Youth and Family Services worker was sentenced to 41 months in prison after pleading guilty to New Jersey tax fraud, according to The Associated Press. Because of the man’s occupation, he was able to gain access to clients’ personal information which he used to file false tax returns. The article reports that the man and an accomplice received over $800,000 in tax refund checks. The man was sentenced on Monday in Trenton to pay $620,000 in restitution in addition to his 41-month jail sentence.

Fraud of any kind is illegal and can ruin the reputation of an individual or business. There are a number of different types of fraud and if you or someone you love is suspected of committing this type of white collar crime, it would be a good idea to consult with an experienced Princeton fraud defense attorney. Heavy penalties such as fines and jail time pale in comparison to the damage that the reputation of an individual or business who is accused of fraud can suffer.

If you or someone you know is accused of fraud, contact the New Jersey white collar crime lawyers at Lependorf & Silverstein today. Our experienced criminal defense attorneys understand the complex laws that surround New Jersey fraud charges and can ensure that your rights are not violated in a court of law. With nearly twenty years of experience per lawyer, the legal team at Lependforf & Silverstein has successfully handled numerous fraud cases and acquired favorable outcomes for our clients. To learn more about how we can help you and your situation, call (609) 240-0040 today.