December 30, 2010

Search and Seizure Procedures in a New Jersey Drug Arrest

One way that an experienced criminal defense attorney will devise a strong defense against drug charges is to examine the process by which evidence was obtained by the police. Under the Fourth Amendment of the Constitution, all persons are protected from unreasonable searches and seizures. There are very strict procedures that a police officer must follow to legally look for and obtain evidence in a criminal case. If it is determined that the defendant's rights were violated during this process of gathering evidence, the case must be dismissed.

Search and seizure issues can be extremely complicated and confusing. The rights of the defendant are dependent upon the warrant the police has obtained, the circumstances of the arrest and the location of the evidence. For example, police may only search the contents of a car during a traffic stop if they have probable cause or there is an exigent circumstance that makes time a factor. Additionally, police may only forcefully enter a household if they have a warrant or there is grounded suspicion, exigent circumstances, an emergency situation or there is a domestic dispute underway.

Police do have the right to pat down a suspect to search for guns but some searches may only occur if there is evidence in plain view of the officer. One way around the many restrictions an officer must follow is to request consent. Many people offer consent without realizing that they have the right to refuse a search. Officers may not use threats or intimidation to obtain consent for a search.

To understand all of your rights regarding searches and seizure laws, please call the law offices of Lependorf & Silverstein. Our reputed New Jersey criminal defense attorneys will carefully examine the circumstances surrounding your drug crime case to determine if your rights were violated in any way. Call us today at 609-240-0040 to learn more about how we can help defend your rights and keep you out of jail.

December 29, 2010

New Jersey Drug Bust Leads to Multiple Arrests

Dozens of people across Rockland, New Jersey have been arrested in a major drug sweep. According to The Journal News, the arrests were made in Spring Valley. The sweep was the culmination of a five-month investigation by multiple police departments. The District Attorney's office said the suspects were responsible for selling illegal drugs, including cocaine, marijuana and prescription drugs, in the area. If convicted, the defendants face penalties ranging from entry into a diversion program, probation and prison time. Officials say more arrests are expected.

Simple possession of illegal drugs becomes possession with intent to sell when the amount of drugs seized is greater than the amount of drugs one person can reasonably use. While simple possession is often a misdemeanor, possession with intent to sell is typically considered a felony. Defendants facing felony charges in New Jersey have fewer options to have their charges reduced through alternative sentencing such as diversion programs.

Drug busts that involve multiple arrests often result in the wrongful arrest of people who are simply in the wrong place at the wrong time. These types of arrests sometimes involve illegal search and seizure as well. A skilled New Jersey drug crime defense attorney will review all aspects of the drug bust to determine if the defendant's constitutional rights were violated and if the charges were wrongfully filed.

The New Jersey criminal defense attorneys at Lependorf & Silverstein have a proven track record of success in handling serious drug crime cases in New Jersey. If you or a loved one has been charged with a drug offense, please call 609-240-0040 right away to discuss your case.

December 28, 2010

Domestic Violence Reported on College Campus

A Montclair State University student has been arrested on suspicion of false imprisonment under the domestic violence statute. According to a report, the arrest was made on campus. Police have stated that they are seeing an increase in domestic violence cases on college campuses. This particular incident is still being investigated.

According to New Jersey Statute 2C:13-3: "A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty." In such cases, the prosecution will have to prove that the defendant knowingly held the victim against his or her will. If an incident in question took place as a result of a misunderstanding, the charges must be dropped.

Domestic abuse charges such as false imprisonment are serious crimes that carry potentially life-changing consequences. Anyone who is wrongfully charged with domestic abuse will have to fight an uphill battle to clear his or her name. Even if the charges appear minor, it is important to fight the allegations. Consequences include financial penalties, probation and possible jail time. Repeat offenders face even stiffer penalties, which makes it all the more critical for all charges to be taken seriously.

The Princeton domestic violence defense attorneys at Lependorf & Silverstein represent New Jersey residents charged with various domestic violence crimes. We carefully examine the circumstances of a case to determine if an individual’s rights were violated and will conduct a thorough investigation to ensure that the proper evidence is gathered to aid in building a strong defense. If you or a loved one is facing domestic violence charges in New Jersey, please contact us at 609-240-0040 to discuss your case.

December 27, 2010

Juveniles May be Able to Avoid Court Hearings in New Jersey

New Jersey is actively working to keep minors out of courthouses and give them valuable second chances. According to a news report in The Star-Ledger, just this year, 8,254 cases have been handled by juvenile conference committees instead of courts. That accounts for 17 percent of all juvenile complaints in New Jersey. The goal of these committees is to keep youth out of trouble by talking to young people instead of sending them to courtrooms and eventually, juvenile hall. This system, which allows parents and young people to plead in front of town residents instead of a judge, has been in place in New Jersey since the 1950s.

These committees work on the premise that kids make mistakes and deserve a second chance. Most often, the punishment given to juveniles by these committees is community service. Sometimes, the youngsters are required to write essays about what they did or letters of apology addressed to the victims. The New Jersey juvenile crimes range from underage drinking and drug possession to shoplifting or petty theft.

There are of course many juvenile cases that are still sent to the courts. Being convicted of a crime as a juvenile is extremely serious and can have grave consequences on the life and future of the young person involved. Juvenile crime cases are very complex and it is critical that each case is assessed by a skilled criminal defense lawyer and the appropriate legal actions are taken promptly and efficiently.

If your child has been accused of a crime in New Jersey, please contact an experienced Princeton juvenile crime defense lawyer at Lependorf and Silverstein for a free consultation. We will evaluate the circumstances of the case and help build a successfully defense strategy on your child’s behalf. Please call our law office today at 609-240-0040 to find out how we can help.

December 23, 2010

Multiple Arrests Made for Alleged Holiday Thefts

Clarkstown police arrested nine people in eight separate incidents over the Thanksgiving holiday. According to a news report, the many charges, filed between the days of November 24 and November 27, 2010, include petty larceny, criminal possession of stolen property and possession of burglary tools. Each year New Jersey police increase their efforts to crack down on thefts by assigning extra police officers in major shopping areas.

While it is important to stop illegal activity such as shoplifting and larceny, it is also important to make sure that the rights of New Jersey consumers are protected. When police are specifically looking for signs of possible criminal activity, there is an increased chance of wrongful arrests. Many cases involving minor crimes such as petty larceny are wrongfully charged; however, the consequences of a conviction can still be devastating. Those convicted may face probation, jail time and fines.

Facing charges for shoplifting and other theft crimes often leaves an individual unsure of his or her legal rights. An accused individual may even feel intimidated enough not to seek this crucial information. But it doesn’t have to be this way.

If you or a loved one is facing petty theft, larceny or shoplifting, please contact the experienced Princeton criminal defense attorneys at Lependorf & Silverstein to learn more about your legal rights and options. Our skilled and aggressive New Jersey theft crime defense lawyers work diligently to get our clients' charges reduced or dismissed. Call us today at 609-240-0040 for a free consultation.

December 22, 2010

Two Men Charged with Shoplifting from Several New Jersey Stores

Two men were recently arrested on suspicion of stealing thousands of dollars worth of goods from a number of New Jersey stores. According to The Courier-Post, the two men allegedly stole from stores such as Lord & Taylor, Gap, and Banana Republic in Freehold Township. When police arrested one of the men outside of a mall, they discovered more than $11,000 worth of merchandise that had been stolen. One of the men faces several criminal charges, including robbery, shoplifting, simple assault, conspiracy, and possession of burglary tools. The other defendant faces criminal charges that include conspiracy, receiving stolen property, and possession of burglary tools. Police are looking for a third suspect who they believe may have been assisting the two men.

The severity of charges in a shoplifting case generally depends on the amount of merchandise that was stolen. For example, when under $200 worth of stolen merchandise is found, a disorderly person offense may result in up to six months of imprisonment. Stealing between $200 and $500 worth of goods may result in a fourth degree conviction that comes with up to 18 months of imprisonment. A third degree conviction with a three to five year prison sentence may result when the stolen merchandise is valued between $500 and $75,000.

A criminal defense attorney will examine the circumstances surrounding a shoplifting arrest to make sure that the defendant’s rights were not violated. Additionally, a skilled lawyer will fight to have charges reduced or dismissed. Alternative sentencing such as community service is also a possibility when the defendant in question is a first-time offender.

The New Jersey shoplifting defense attorneys at Lependorf & Silverstein help defendants who are facing shoplifting charges in the state of New Jersey. We will carefully review the circumstances surrounding a shoplifting arrest to determine the best possible outcome for our clients. Call us today at 609-240-0040 to discuss your case.

December 20, 2010

Three People Arrested in New Jersey Drug Bust

Three people were recently arrested in a Trenton drug bust during which officials seized about 200 Oxycodone pills and half a pound of marijuana. According to NJ.com, the arrest was made in Trenton on East State Street. Police arrived with a warrant for one of the men and discovered 200 Oxycodone pills, half a pound of marijuana, $2,000 in cash, and a loaded handgun. After finding the drugs, police arrested two other residents in the house for various drug and weapon offenses as well.

The severity of drug crime charges in New Jersey generally depends on the amount of drugs seized and the defendant’s prior criminal record. In cases where large quantities of drugs are seized, defendants could face charges such as possession of controlled substances for sale, which is a much more serious charge than simple possession. However, possession for sale is a felony charge. If convicted, a defendant faces time in prison and severe penalties.

It is important to fight all drug crime charges in New Jersey, because each offense may result in stiffer penalties. Repeat offenders often face substantial fines and lengthy prison sentences. A criminal defense attorney can work to have charges lessened or even dismissed. A skilled lawyer will look into how law enforcement searched and seized the drugs, and if any of the defendants’ constitutional rights were violated in the process, the case can most likely be dismissed.

The Princeton drug crime defense attorneys at Lependorf & Silverstein help residents of New Jersey that are facing serious drug allegations. We carefully review the charges our clients face to determine the best possible course of action for a successful outcome. If you are facing drug crime charges in New Jersey, please contact our law office at 609-240-0040 for a free, comprehensive, and confidential consultation.

December 15, 2010

Public Works Supervisor Accused of Trying to Hit Employee with Car

A woman is facing attempted assault charges after officials say she tried to run over a co-worker with a vehicle owned by the city of Englewood, reports NJ.com. Officials say the defendant, who is a public works supervisor for Englewood, turned herself in to police a week after the incident. An investigation is ongoing.

Attempted assault in New Jersey is defined as an attempt to commit a criminal assault on a person. It may result from a number of attempted crimes such as rape, murder, simple assault, or burglary. Sometimes, the mere threat of an assault is enough to trigger an attempted assault allegation.

When a crime is attempted but not successfully carried out, it is difficult to know for sure what the intent behind the action was. Many defendants are wrongfully accused of attempted assault when an argument gets out of hand and tempers are escalated. A misunderstanding or single poor choice should not result in incarceration and heavy fines. An experienced criminal defense attorney can help someone wrongfully accused of a crime have their case dismissed or their charges lessened.

The New Jersey criminal defense attorneys at Lependorf & Silverstein have a long history of successfully defending individuals charged with assault or attempted assault. If you are facing assault charges in New Jersey, please call our law office at 609-240-0040 to discuss your case and schedule a free consultation with one of our lawyers.

December 13, 2010

New Jersey Lewd Conduct Law

Lewd conduct is a serious crime in New Jersey. There are many potential ways to be charged with lewd conduct and they all can result in serious penalties and fines. If you are facing lewd conduct charges in New Jersey, it is important that you fight the charges with the help of a skilled criminal defense attorney.

New Jersey Statute 2C:14-4 states: “A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non-consenting persons who would be affronted or alarmed.” This means that not only must the prosecution prove that an act was committed, but also that the lewd act was knowingly committed in front of someone.

Many lewd conduct cases in New Jersey arise out of mistaken identities and misunderstanding. It is important to fight these allegations because the penalties for a lewd conduct conviction can be very severe. A disorderly person’s offense may result in up to six months in prison as well as a $1,000 fine. If the charges result in a fourth-degree conviction, the alleged offender may face up to 18 months in prison with a $10,000 fine.

The New Jersey lewd conduct defense attorneys at Lependorf & Silverstein have successfully handled many criminal defense cases in the state of New Jersey. We will fight for the dismissal of the lewd conduct charges or for the reduction of charges. If you are facing charges of lewd conduct in New Jersey, please call our law office at 609-240-0040 for a free case evaluation.

December 10, 2010

Hackettstown Choking Incident Leads to Disorderly Conduct Charges

A 27-year-old man was arrested for allegedly choking another man while ordering food at a Quick Check store. According to The Warren Reporter, the incident occurred at a convenience store on Main Street in Hackettstown. Police arrived at the convenience store after reports of a fight. The 27-year-old New Jersey man faces disorderly conduct charges. It is unclear what may have led to the alleged altercation.

According to New Jersey Criminal Code 2C:33-2, a person is guilty of petty disorderly conduct if he or she "engages in fighting or threatening, or in violent or tumultuous behavior," or "creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor." In disorderly conduct cases, the prosecution needs to prove that the defendant was guilty of violent behavior or of creating a dangerous situation.

Anyone facing disorderly conduct charges would be well-advised to contact an experienced New Jersey criminal defense attorney before speaking with the police. Minor disputes that lead to arrests are often caused by misunderstandings or a series of bad choices. A regrettable evening should not lead to jail time or serious fines. A skilled New Jersey criminal defense attorney will make sure that the defendant's legal rights in such cases are protected.

The New Jersey criminal defense lawyers at Lependorf & Silverstein have a long history of successfully defending those accused of disorderly conduct. If you or a loved one is facing disorderly conduct charges, call our offices at 609-240-0040 right away for a free consultation and to discuss your case.

December 9, 2010

Trenton Man Faces Multiple Drug Charges

A 45-year-old Trenton man faces multiple drug crime charges after being arrested in his home. According to The Times of Trenton, the man was arrested in his South Westfield Avenue home. Police had two drug-related warrants when they searched his premises. Police also found marijuana and drug paraphernalia on the property. He faces multiple charges including possession and possession with intent to distribute.

In any New Jersey drug crime case, a knowledgeable criminal defense attorney will carefully examine the circumstances regarding a search and seizure to determine if the defendant’s constitutional rights were violated in any way. Police must follow strict guidelines in obtaining warrants and seizing evidence. Failure to follow these guidelines may make the arrest illegal or the evidence inadmissible in court.

A possession charge may become a possession with intent to sell when the amount of drugs seized is more than what one person can reasonably use. Intent to sell charges often result in penalties up to twice as severe as simple possession penalties. Repeat offenders and those facing felony charges often have fewer legal options. So, it is important to fight any and all drug-related charges with an experienced criminal defense attorney on your side.

The New Jersey drug crime defense attorneys at Lependorf & Silverstein aggressively fight for their clients' rights. Where possible, we will seek alternative sentencing instead of jail time. Each case is different and not every defendant may have an opportunity to seek alternative sentencing. We offer free case evaluations to anyone facing drug crime charges in New Jersey. Call us today at 609-240-0040 to find out how we can help.

December 8, 2010

High School Students Arrested for Unsanctioned Scavenger Hunt

Six Cranford High School students have been arrested for participating in an unsanctioned scavenger hunt. According to The New Jersey Local News Service, police officers arrested the juveniles for allegedly stealing license plates, stop signs and street markers. It is not clear from the report what specific charges and penalties the juveniles may face.

When police make multiple arrests all at the same time, there is an increased risk of accused individuals simply being in the wrong place at the wrong time. Additionally, police attempts to crack down on a group of kids often result in harsher penalties then is necessary. The family of a juvenile who has been arrested would be well-advised to contact an experienced New Jersey criminal defense attorney to better understand their child's rights.

Juvenile crimes may not seem serious to some, but in reality, they can seriously affect the life of a young person. Juveniles who have multiple arrests on their record are treated differently than first-time offenders. Therefore, all charges must be fought in court to prevent harsher penalties in the future. Depending upon the severity of the charges, the penalties of a conviction could have lasting social and professional repercussions for the young person.

The New Jersey juvenile criminal defense attorneys at Lependorf & Silverstein carefully examine the charges against our clients to determine if they may be reduced or dismissed. In many cases, we are able to have the charges removed from our client’s criminal record. If your son or daughter has been charged with a New Jersey juvenile crime, please call our law offices at 609-240-0040 to find out how we can help.

December 7, 2010

Invasion of Privacy Charges Filed against New Jersey Man

A New Jersey man has been arrested after he was allegedly seen taking inappropriate photos of women without their knowledge. According to a news report in The Star-Ledger, the incident occurred in Teaneck when the man was observed taking photos up women's skirts. The man now faces invasion of privacy charges.

The severity of the penalties that result from an invasion of privacy charge depends upon the circumstances of the case. Under New Jersey Criminal Code 2C:14-9, an individual "commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed."

It is important for anyone facing invasion of privacy charges to seek the counsel of an experienced Princeton criminal defense lawyer before speaking with the police. A skilled criminal defense attorney will protect the rights of the defendant while seeking to have the case dismissed or the charges reduced.

The New Jersey criminal defense attorneys at Lependorf & Silverstein have an excellent track record of defending those who have been accused of invasion of privacy charges. If you or a loved one is facing misdemeanor or felony charges in New Jersey, please call 609-240-0040 to discuss your case.

December 6, 2010

Nurse Arrested on Suspicion of Lewdness and Theft in South Brunswick

A 38-year-old woman faces multiple charges in South Brunswick after allegedly stealing from the home in which she was hired to care for a disabled toddler. According to a news report in The Star-Ledger, the nurse from Perth was arrested for lewdness, theft and child endangerment. The parents of the child installed cameras to watch the activities of the nurse. Police believe that the nurse stole food, books, clothing and alcohol. It is unclear from the report in what ways she may have endangered the child.

A skilled criminal defense lawyer will look at every specific charge to determine if the charges can be dismissed or reduced. Theft from a place of employment, for example, may be wrongfully charged to someone unaware that his or her actions are unacceptable. If someone believes that they have a right to whatever they took from their place of work, the theft charges should be reduced or thrown out completely.

Lewd conduct in New Jersey is also a complicated crime that is often mistakenly charged after a misunderstanding. Under New Jersey Code of Criminal Justice 2C:14-4, "A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non-consenting persons who would be affronted or alarmed." This means that the defendant must be aware of his or her behavior being unacceptable.

Anyone facing multiple misdemeanor or felony charges would be well advised to call the reputed New Jersey criminal defense attorneys at Lependorf & Silverstein. We will help you build your defense and we’ll make sure that your rights are protected. Contact us today for a free case evaluation by calling 609-240-0040.

December 3, 2010

What is Money Laundering in New Jersey?

In New Jersey, money laundering is a crime of falsifying the origins of illegal funds so that they appear legitimate. The term “laundering” is used to describe the process of making “dirty” money clean so as not to arouse suspicion when the money is spent. Being accused of money laundering in New Jersey is serious and can carry very heavy penalties if convicted, including a fine of $500,000 or two times the value of the property involved in the transaction. Additionally, a sentence of up to 20 years in prison may also be imposed.

Since the 9/11 terrorist attacks in 2001, the prevention of money laundering has become a top priority for the government of the United States. Statutes such as the Bank Secrecy Act, the Money Laundering Control Act, and the Patriot Act have all been imposed and play a part in determining whether or not a person is guilty of money laundering. The laws that surround this type of crime are made even more complicated by the three Acts, and can be very difficult to understand. Therefore it is absolutely vital that legal counsel from an experienced attorney is acquired as soon as possible as soon as a person is accused of money laundering in New Jersey.

Someone who is accused of money laundering may have to face an even broader range of penalties. If a business of an individual is charged with the crime, oftentimes clients, investors, and anyone who had a connection with the accused will be investigated. Charges such as tax evasion, drug trafficking, organized crime, and other more can be filed in addition to money laundering.

When someone is wrongly accused of money laundering, the individual as well as their business may suffer irreparably as a result of the charge. People will no longer trust that person and may stop supporting the once successful business. If you have been accused of money laundering in New Jersey, it would be in your best interest to contact the dedicated Princeton money laundering defense attorneys at Lependorf & Silverstein. We have handled a plethora of successful criminal defense cases and may be able to get your charges reduced or dismissed completely. To understand your rights and legal options, contact us today at 1-609-240-0040.

December 2, 2010

Facing a Lewd Conduct Charge in New Jersey

A lewd conduct charge in New Jersey can alter a person’s life forever. Lewd conduct is a very broad sex offense charge and someone who faces this accusation may find themselves scared, overwhelmed, and unsure of what they should do next. A lewd conduct allegation can be either a misdemeanor or a felony depending on the situation’s circumstances. If the lewd act was committed in public or involved a minor, the New Jersey courts may impose harsher penalties, including registering as a sex offender. Other consequences for lewd conduct include prison sentences, probation, fines, and counseling.

If a person is forced to register as a sex offender because of conviction for lewd conduct, they face not only the difficulties of finding a job or buying a home, but also face the harsh stigma that comes with being known as a sex offender. New Jersey’s sex offender registry was designed to inform the public of sex offenders who live and work in their communities. Life can be extremely difficult for someone whose name is on this registry, particularly if they did not commit the sex crime. An aggressive and experienced attorney can help someone facing lewd conduct charges in New Jersey understand their legal rights and depending on the circumstances of the case, may be able to get the sex crime charges lessened or dropped completely.

If you have been accused of lewd conduct in New Jersey, contact the Princeton lewd conduct defense attorneys at Lependorf & Silverstein. For many years we have handled a high number of successful criminal defense cases and will utilize every resource necessary to ensure the best possible outcome for your sex crime case. To learn more about your legal options following a lewd conduct charge in New Jersey, call our law office today at 1-609-240-0040 to learn how we can help you.