October 26, 2010

Guilty or Not Guilty – How to Plead

In many cases, people who have been charged with a DUI in New Jersey see no choice other than to plead guilty. If they did poorly on their Standardized Field Sobriety Tests (SFSTs), they especially feel like there is no hope. However, what drivers don’t realize is that if they enter into a guilty plea right away, they forfeit all rights to present a defense in front of a judge. Not only that, but having a DUI on your record can have negative effects on both your personal and professional life.

Before you plead guilty to a DUI/DWI charge, it’s in your best interest to retain an experienced New Jersey DUI attorney. While you may not be able to see any other choice than a guilty plea, an attorney will be able to explain your rights and go over all of your options with you. For example, was there a legal cause for the arresting officer to pull you over? If you submitted to a chemical test, was the equipment working properly at the time of the arrest? Were all field sobriety tests performed in conjunction with federal standards? A guilty plea negates any of these defenses and you’re left to face serious penalties that may include jail time, license suspension or revocation, fines, community service and a criminal record.

If you or a loved one has been charged with a DUI/DWI, you’re probably feeling overwhelmed and unsure of what to do next. The reputable New Jersey DUI lawyers at Lependorf & Silverstein understand how scary a DWI charge can be. With years of experience and a wide variety of DUI cases handled, our attorneys know what it takes to earn the best possible outcome for your case. Call us at (609) 240-0040 to see how we can help you.

October 25, 2010

For the First Time, Companies Losing More to Electronic Theft than Physical Theft

A surprising survey of senior executives worldwide showed that companies are losing more through electronic data theft than through a physical stealing of assets for the first time, Reuters reports.

The survey showed that the amount lost by businesses due to fraud rose from $1.4 billion worldwide to $1.7 billion this past year. However, this increase could be due in part to better detection and awareness of fraud. Fraud is most often perpetrated by the companies’ employees, whether it is electronic theft or physical theft. The most likely employees to be involved in fraud are senior management and junior employees.

Among emerging markets, China has the highest level of fraud, with 98 percent of businesses affected by fraud. Colombia has 94 percent of businesses affected and 90 percent of Brazil’s businesses are affected by fraud. The threat of electronic fraud is preventing many companies from expanding into emerging markets, especially in China, Africa and Latin America.

Although electronic fraud now causes more losses than physical thefts, physical thefts of assets, cash and inventory are still the most widespread form of fraud. Electronic theft accounts for 27.3 percent of total fraud losses, while physical thefts account for 27.2 percent of fraud losses. Despite the increases in electronic fraud, only 48 percent of companies are planning on spending more on information security, possibly because of the current bad economy.

As this report illustrates, although electronic fraud is becoming much more common, it is still a serious crime. If you have been charged with a New Jersey fraud crime, contact the skilled New Jersey fraud defense attorneys at Lependorf & Silverstein today at 609-240-0040.

October 21, 2010

Daughter Kidnapped by Mom in New Jersey in 1984 Found in Nevada

A woman was arrested in Nevada on suspicion of kidnapping her 6 year-old daughter over 25 years ago in New Jersey, according to CNN.com.

The woman was attending a custody hearing regarding her 6-year-old daughter in 1984 in Somerville, New Jersey. The girl’s father had temporary custody of his daughter. The woman fled the courthouse with her daughter at the hearing. A warrant was issued for her arrest in 1985.

This month, the daughter, now 32, tried to change her name in order to obtain a marriage license in Nevada. A background check was done and it was determined that a child with that name was missing from New Jersey. The police questioned the mother, and she admitted her true identity. The daughter allegedly did not know she had been kidnapped or that a warrant was out for her mother’s arrest.

The mother is being held in Nevada and is awaiting extradition to New Jersey. The girl’s mother claims that she fled with her daughter in order to escape her ex-husband’s violence, who denies such claims. The mother and daughter moved frequently over the years. Authorities nearly captured them several times, once missing them by only minutes in California.

Although many people view kidnapping by a non-custodial parent as a much less serious crime than abduction by a stranger, child abduction charges are very serious, and the woman in this case could end up facing prison time. If you have been charged with a serious New Jersey crime, contact the experienced Princeton criminal defense attorneys at Lependorf & Silverstein at 609-240-0040 today.

October 19, 2010

Out of State Drivers and the New Jersey DUI

New Jersey is a destination spot for many tourists from all over the nation. Many people drive in from out of state and often forget that their decision to drink and drive could cost them, even though they aren’t a New Jersey resident.

No matter what state you’re in, if you’re arrested for driving while intoxicated or driving under the influence of alcohol or drugs, there will be charges brought against you. You may lose your driving privileges in New Jersey, even if you never plan to drive here again. Your license may also be suspended in your home state in addition to other penalties like fines, jail time and community service. You will be required to attend all court proceedings in New Jersey or hire an attorney to attend on your behalf. In a lot of cases, offenders must complete the sentence that is given to them in New Jersey before their driver’s license suspension is lifted in their resident state.

If you or a loved one live in another state and were arrested in New Jersey for a DUI or DWI offense, you’ll want to retain an experienced DUI lawyer. The experienced New Jersey DWI attorneys at Lependorf & Silverstein have the skill and knowledge to help you understand your legal rights and decide on the best course of action. Our attorneys have handled a wide range of New Jersey DUI/DWI cases and have what it takes to earn the best possible outcome. If you have any questions or if you’d like to schedule a free and confidential consultation of your case, please call Lependorf & Silverstein at (609) 240-0040.

October 12, 2010

How to Choose the Right New Jersey DWI Attorney for You

The time after you have been charged with a DWI in New Jersey is critical. While you may be scared, stressed and overwhelmed, you’ll want to think about hiring an experienced New Jersey DWI attorney. In order to find the best attorney for you, check the yellow pages and the Internet for lawyers with extensive experience in DUI law in your area. If you have the opportunity to get a personal recommendation from friends or family, take it.

Call the law firms in your area and find out which of their attorneys has experience successfully handling DWI cases. In addition, once you have narrowed down a group of lawyers that you think will work well for you, call the state bar association and find out if any of them have outstanding complaints. Schedule appointments with each lawyer and get a feel for them. Make sure all of your questions are answered and pay attention to how the consultation goes. Does the attorney seem like they know what they’re talking about? Are they attentive to your needs or does it seem like they may be brushing you off? Do they specialize in other areas of law or is their niche in DWI law? Do they operate on contingency or by the hour? Getting the answers to these questions will help you choose the right New Jersey DWI attorney for your particular case.

If you or a loved one has been charged with a DWI in the state of New Jersey, the experienced and knowledgeable Princeton DWI lawyers at Lependorf & Silverstein can help educate you on your legal rights, gather all appropriate evidence and develop a strong defense strategy. For more information and to speak to a qualified New Jersey DWI lawyer, call Lependorf & Silverstein for a free consultation today at (609) 240-0040.

October 11, 2010

Harassment of Rutgers Student May Not Be Considered Hate Crime

The recent suicide of a Rutgers student due to bullying from his classmates may not be able to be prosecuted as a hate crime, according to NYDailyNews.com.

A recent case that has been receiving national attention involves two Rutgers students who used a webcam to videotape and broadcast one of the student’s male roommates having sex with another male. The individual who was being taped, a freshman at Rutgers, jumped to his death from a bridge only three days after the incident.

The two students who set up the camera have been charged with invasion of privacy and cybersnooping and could face five years in prison each if convicted. Gay rights activists have called for hate crime or murder charges against the students. However, the prosecutor believes that they may not be able to bring hate crime charges against the students because of a lack of appropriate laws.

Traditionally, crimes are labeled as hate crimes if they are motivated because a perpetrator thinks the victim is a member of a certain group, including a racial group, a certain religion, or a certain sexual orientation, ethnicity, or nationality. Hate crimes are generally criminal acts which may include assault, harassment, damage to property, or more.

Hate crimes can be very serious because they traditionally carry harsher penalties than the same crime not labeled as a hate crime. In addition, it can be hard to defend yourself against hate crime allegations, because hate crimes involve determining a person’s particular motivations in committing a crime. If you have been charged with a New Jersey hate crime or another criminal offense, contact the dedicated New Jersey criminal defense attorneys at Lependorf & Silverstein at 609-240-0040 today.

October 6, 2010

Challenging Field Sobriety & Chemical Tests in New Jersey

If you have been charged with a DUI or DWI in New Jersey, you were more than likely given a Standardized Field Sobriety Test, chemical test or both. If you did poorly on these tests, you may think that an admission of guilt is the only option. However, you’d be wrong to assume that, especially if there was a chance that the officer didn’t follow proper protocol when administering the tests or if the chemical test equipment wasn’t properly calibrated.

There are a number of ways to challenge the results of field sobriety tests and chemical tests in New Jersey. Field sobriety tests are highly subjective, as there are strict guidelines that must be adhered to and the fact of the matter is that some officers are not trained on how to properly administer these tests. Test results can really depend on the arresting officer’s opinion.

In other instances, a driver may have a medical condition that could compromise their performance of these field sobriety tests and perhaps they told the officer about it. However, the officer may not have believed them or given the driver the tests anyway. There are a number of variables that go into whether or not the results of Standardized Field Sobriety Tests and chemical tests are accurate. Before reacting and submitting a guilty plea, make sure you take these possible challenges into consideration.

DUI and DWI charges in New Jersey are serious and can have a negative impact on your future. The best way to avoid a DUI charge is to not drink and drive. However, if you are caught drinking and driving, having an aggressive New Jersey DUI and DWI attorney by your side can help you determine the best course of action. The lawyers at Lependorf & Silverstein have handled a wide variety of DUI and DWI cases in New Jersey and have the skill and experience to help you in your time of need. Our attorneys will look at every piece of evidence in order to build a strong case for you. For more information and to set up a free consultation, call our Princeton DUI attorneys today at (609) 240-0040.