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    <title>New Jersey Criminal Defense Blog</title>
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   <id>tag:,2008:/33</id>
    <link rel="service.post" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33" title="New Jersey Criminal Defense Blog" />
    <updated>2008-05-01T00:21:53Z</updated>
    
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<entry>
    <title>Senate Committee to Discuss Reform to New Jersey Worker’s Compensation System</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/04/senate_committee_to_discuss_re.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=16919" title="Senate Committee to Discuss Reform to New Jersey Worker’s Compensation System" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.16919</id>
    
    <published>2008-04-19T00:17:17Z</published>
    <updated>2008-05-01T00:21:53Z</updated>
    
    <summary>Senator Paul Sarlo (D-Bergen) announced yesterday that the Senate Labor Committee will convene on May 5th to discuss problems with New Jersey’s $1.8 Billion worker’s compensation system, according to a published report in the New Jersey Star Ledger. It was...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="Workers Compensation" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>Senator Paul Sarlo (D-Bergen) announced yesterday that the Senate Labor Committee will convene on May 5th to discuss problems with New Jersey’s $1.8 Billion <a href="http://www.nj-workcomp.com/">worker’s compensation</a> system, according to a published report in the <a href="http://www.nj.com/starledger/stories/index.ssf?/base/news-0/1208579706159370.xml&coll=1">New Jersey Star Ledger</a>. </p>

<p>It was a series of reports in The Star-Ledger that prompted the special hearings. Those reports showed how bureaucratic delays, politics and poor state oversight have left thousands of injured workers waiting years for the relief promised by the <a href="http://www.nj-workcomp.com/injuries.html">New Jersey Workers’ Compensation</a> system. The Star-Ledger series also found thousands of workers whose compensation benefits were delayed for years while insurers or state attorneys wrangled over the terms of their settlements or authorized medical treatment. </p>

<p>“It’s appropriate to take a close look at the workers’ compensation system to see whether it can be made more efficient,” said Sarlo. “The recent media focus on the system gives us a chance to see if we can make it a better, fairer program so nobody falls through the cracks.”<br />
</p>]]>
        <![CDATA[<p>If you or someone you love has been injured while on the job you should always contact an experienced <a href="http://www.nj-workcomp.com/hiring.html">New Jersey workers compensation lawyer</a> for advice. The office of Lependorf & Silverstein, located in Princeton, offers free consultations on first time workers compensation cases. We will provide you with the legal information necessary for you to obtain your rightfully owed workers compensation benefits. You should never negotiate with your company or their insurance provider alone. Instead, have a Lependorf & Silverstein attorney advise you of your legal rights.</p>

<p>Contact our office in Princeton for any <a href="http://www.lependorf.com/workers_compensation.shtml">workers compensation</a> related question or problem throughout New Jersey. The office of Lependorf & Silverstein has years of experience with New Jersey’s complicated workers compensation system and we can start helping you immediately.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Police Officer Accused of DUI Pleads Case in Court</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/04/police_officer_accused_of_dui.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=16918" title="Police Officer Accused of DUI Pleads Case in Court" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.16918</id>
    
    <published>2008-04-15T00:05:29Z</published>
    <updated>2008-05-01T00:16:10Z</updated>
    
    <summary>A recent article that appeared in the New Jersey Star Ledger illustrates the benefits of having a New Jersey DUI Defense attorney who can prepare a convincing defense using the specifics of the case. Rodney Sanders, 39, was accused of...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="DUI DWI Drunk Driving" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>A recent article that appeared in the <a href="http://www.nj.com/starledger/stories/index.ssf?/base/news-3/1208406968272750.xml&coll=1">New Jersey Star Ledger</a> illustrates the benefits of having a <a href="http://www.lependorfsilverstein.com/dwi.shtml">New Jersey DUI Defense attorney</a> who can prepare a convincing defense using the specifics of the case. </p>

<p>Rodney Sanders, 39, was accused of third-degree assault by auto for allegedly causing a three-car crash on Route 22 in North Plainfield on July 31, 2007. The <a href="http://www.nj-vehicleaccidents.com/">New Jersey Auto Accident</a>, which occurred at about 11:40 pm, involved Sanders, who was traveling east on Route 22 when he tried to overtake a pickup truck, but struck the rear passenger side of that vehicle, police said.  Sanders then struck a Newark woman’s car, forcing her off the highway, police said. The woman suffered back and neck pain and bruises. </p>

<p>Sanders’ blood-alcohol level was 0.23 percent, police have said, almost three times the legal limit, but according to Sanders defense team, the results of the Plainfield police officer’s drunken-driving test should not be admissible at trial. At the heart of the dispute, is the Alcotest machine that was used to record Saunders’ BAC level after the New Jersey car accident. The Alcotest machine is used to detect whether a driver is drunk, and the state Supreme Court last month ruled results from the device are admissible as long as police and prosecutors follow the safeguards outlined in the Court’s opinion. <br />
</p>]]>
        <![CDATA[<p>The <a href="http://www.nj-dwilawyers.com/">New Jersey DUI Defense</a> team is arguing against the use of the test results, citing several factors, like the amount of time Sanders was observed before he was tested. Police error, like the fact that the officers’ read him the wrong breathalyzer rights and failed to administer psychophysical tests like standing on one leg at the scene were also cited by the New Jersey DWI Defense team. </p>

<p>Many people that are accused of DWI do not understand or know their rights. Some do not seek help from an attorney and simply plead guilty in court. You may have other options! Call an experienced <a href="http://www.nj-dwilawyers.com/dwi_defenses.html">DWI lawyer</a> at Lependorf & Silverstein today if you have been charged with drunk driving. Let our aggressive legal team handle your case in the best possible manner to try to reduce your sentence or fines.</p>

<p>If you or a loved one is facing DWI charges, call the experienced and aggressive <a href="http://www.nj-dwilawyers.com/dwi_attorney.html">New Jersey DWI Lawyers</a> at Lependorf & Silverstein today for a free consultation.</p>]]>
    </content>
</entry>
<entry>
    <title>New Jersey Supreme Court Greenlights Alcotest</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/04/new_jersey_supreme_court_green.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=13983" title="New Jersey Supreme Court Greenlights Alcotest" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.13983</id>
    
    <published>2008-04-08T18:26:57Z</published>
    <updated>2008-05-01T00:16:47Z</updated>
    
    <summary>The verdict came in March 17: The New Jersey Supreme Court has approved the use of the new Alcotest 7110 breath-testing device -- as long as law enforcement and the manufacturer follow certain procedures. Under the court&apos;s decision, law enforcement...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="DUI DWI Drunk Driving" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p><a href="http://news.google.com/news/url?sa=t&ct=us/2-0&fp=47fa36ed2c75d522&ei=DKb6R9YymOyrA8nW5cQD&url=http%3A//www.nj.com/news/gloucester/index.ssf%3F/base/news-3/1205814316147010.xml%26coll%3D8&cid=0&usg=AFrqEzc9MT8ZlMFHqNGN2xgh_r3I07E3dg">The verdict came in March 17</a>: The New Jersey Supreme Court has approved the use of the new Alcotest 7110 breath-testing device -- <a href="http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-9/1205818542270600.xml&coll=1">as long as law enforcement and the manufacturer follow certain procedures</a>. Under the court's decision, law enforcement must limit prosecutions to those who test within a certain accuracy range and check Alcotest's accuracy twice a year. The manufacturer must provide reasonably-priced training on using Alcotest to <a href="http://www.lependorfsilverstein.com/dwi.shtml">DWI defense attorneys</a> and expert witnesses, and it must notify the public and the State Bar of New Jersey before changing the device. </p>

<p>The decision takes the device and many DWI defendants out of legal limbo. A group of DWI lawyers challenged Alcotest's accuracy in 2006, suspending the cases of thousands of <a href="http://www.nj-dwilawyers.com/">DWI defendants</a> and halting the device's rollout in four New Jersey counties. Now that the decision is in, local prosecutors and defense attorneys will work through their cases one by one, throwing out those that don't meet the Supreme Court's guidelines and finishing the others.<br />
</p>]]>
        <![CDATA[<p>As <a href="http://www.nj-dwilawyers.com/dwi_defenses.html">New Jersey DWI defense lawyers</a>, we're pleased that clients can move on, but we still have doubts about Alcotest. For example, the court-appointed special master, retired New Jersey appellate judge Michael Patrick King, strongly recommended that Alcotest should also be retrofitted with a breath temperature sensor. That's because a one-degree variation in breath temperature can falsely inflate the person's BAC by 6.57%. The state Supreme Court rejected that recommendation, perhaps because retrofitting or redesigning the machines would have cost $1,300 to $1,600 each. </p>

<p>But without that retrofit, the State of New Jersey runs the risk of convicting people who are legally and factually innocent of driving while intoxicated. Because a DWI conviction in New Jersey comes with an immediate and automatic driver's license suspension, heavy  penalties and sky-high insurance rate hikes, that's a big risk to take. We know from long experience defending DWI cases in New Jersey that a DWI charge can have a profoundly negative effect on the defendant's job, social life and financial security. </p>

<p>Lependorf & Silverstein can help. <a href="http://www.lependorfsilverstein.com/contact.shtml">Call or e-mail us today</a> for help with any <a href="http://www.lependorfsilverstein.com/">New Jersey DWI or criminal case</a>. <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Fifteen-Year-Old DWI Haunts Senate Candidate</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/04/fifteenyearold_dwi_haunts_sena.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=13981" title="Fifteen-Year-Old DWI Haunts Senate Candidate" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.13981</id>
    
    <published>2008-04-02T17:57:16Z</published>
    <updated>2008-04-18T18:02:47Z</updated>
    
    <summary>A candidate for New Jersey&apos;s Senate seat found out last week what New Jersey DWI lawyers have been telling our clients for years: DWI convictions can haunt you long after you thought they were over. Andy Unanue, a businessman who...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="DUI DWI Drunk Driving" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>A candidate for New Jersey's Senate seat found out last week what <a href="http://www.nj-dwilawyers.com/">New Jersey DWI lawyers</a> have been telling our clients for years: DWI convictions can haunt you long after you thought they were over. </p>

<p>Andy Unanue, a businessman who is heir to the family-run Goya Foods corporation, filed papers April 7 to run for Senate as a Republican. He faces a tough battle against incumbent Frank Lautenberg, in part because of some sticky questions from the media about his history with alcohol. <a href="http://www.philly.com/inquirer/local/nj/20080403_Senate_candidate_Unanue_has_rough_week.html">According to the South Jersey section of the Philadelphia Inquirer</a>, Unanue faces questions about coming to work drunk as well as a 1993 DWI conviction from Fort Lee. </p>

<p>The article says Unanue was cited for <a href="http://www.nj-dwilawyers.com/dwi_pull_over.html">driving while intoxicated</a> after police responded to a call from him. He told police that another driver had rear-ended his car and driven away, but when they arrived, they cited him for DWI. He acknowledged to the newspaper that he realized at the time that he'd had too much to drink, so he pleaded guilty. Keep in mind that Unanue was about 25 at the time, and is now 40 -- and still being asked about this DWI! Allegations have also surfaced that he came to work drunk on occasion during his days at Goya, and critics have pointed out that Ubanue doesn't currently live in New Jersey, although he says he intends to by the June 3 primary. <br />
</p>]]>
        <![CDATA[<p>Most people charged with a DWI in New Jersey aren’t planning to run for the United States Senate. But in many cases, there are more mundane consequences to a <a href="http://www.nj-dwilawyers.com/multiple_convictions.html">DWI conviction</a> -- even one that happened almost 15 years ago. As New Jersey DWI defense lawyers, we see them over and over again: A driver's license suspension, the harsh financial penalties and the social stigma of a DWI can all have a profound effect on a client's life, now and in the future. Jobs and job opportunities can be lost, even years into the future. And insurance companies never forget a DWI when it's time to pay your premiums.</p>

<p>Because the consequences of a DWI can be severe or even life-altering, you should always understand your rights and your options before you plead guilty. Lependorf & Silverstein offers free consultations, so there's no risk for you in talking to our experienced <a href="http://www.lependorfsilverstein.com/dwi.shtml">DWI defense attorneys</a>. <a href="http://www.lependorfsilverstein.com/contact.shtml">Call us today to set up a free evaluation of your case</a>. <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Suspect Arrested A Year After Robbery Incident</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/03/suspect_arrested_a_year_after.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=12622" title="Suspect Arrested A Year After Robbery Incident" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.12622</id>
    
    <published>2008-03-24T17:54:20Z</published>
    <updated>2008-03-27T18:01:17Z</updated>
    
    <summary>In a real world example of the FBI and local authorities finally “getting their man”, a former Roselle Park resident has been arrested on numerous charges more than a year after the alleged assault of a borough resident who surprised...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="Theft/Shoplifting" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>In a real world example of the FBI and local authorities finally “getting their man”, a former Roselle Park resident has been arrested on numerous charges more than a year after the alleged <a href="http://www.lependorfsilverstein.com/assault.shtml">assault</a> of a borough resident who surprised him in the midst of a burglary. </p>

<p>Neyad “Joe” Becaj, 38, has been charged with <a href="http://www.lependorfsilverstein.com/assault.shtml">aggravated assault</a>, robbery using force and other offenses. The charges stem from an incident on the evening of January 5, 2007, when a homeowner returned home in the midst of a burglary. The thief assaulted him with a kitchen chair, causing several contusions to the arms, ribs and upper body. Authorities allege that the thief was Mr. Becaj.<br />
</p>]]>
        <![CDATA[<p>Becaj is accused of then fleeing the scene of the crime in a motor vehicle as he was pursued by Kenilworth police, eventually crashing his car and then evading police on foot. After an investigation, a warrant was issues for Becaj on January 10th, 2007. More then a year later, he was finally apprehended in Brooklyn with the assistance of the FBI’s Newark Fugitive Task Force. </p>

<p>Being arrested and facing criminal charges is a scary and dreadful event. To make sure that your rights are protected and that you are making the correct legal decisions, it is vital that you have the representation of a <a href="http://www.lependorfsilverstein.com/">New Jersey criminal defense lawyer</a> that is well-versed in the laws surrounding robbery, theft, assault, battery and harassment. Lependorf & Silverstein may be able to help reduce your fines, keep you out of jail or even have the charges dismissed.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>18 Arrests Made In National Drug Ring Bust</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/03/18_arrests_made_in_national_dr.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=12620" title="18 Arrests Made In National Drug Ring Bust" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.12620</id>
    
    <published>2008-03-20T17:44:57Z</published>
    <updated>2008-03-27T17:51:05Z</updated>
    
    <summary>Over 14 ounces of cocaine, over 60 grams of marijuana, more then $25,000 in cash, 4 guns and 18 arrests were made in a coordinated pre-dawn raid that shut down a major drug distribution ring that shipped West Coast narcotics...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="Drug Offenses" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>Over 14 ounces of cocaine, over 60 grams of marijuana, more then $25,000 in cash, 4 guns and 18 arrests were made in a coordinated pre-dawn raid that shut down a major drug distribution ring that shipped West Coast narcotics to sellers in New Jersey and Delaware. Additionally, three vehicles valued at $50,000 were seized. Police believe the money allegedly used to purchase these vehicles was derived from proceeds of criminal activity and used in the organization’s criminal enterprise.  </p>

<p>The multi-state task force executed the search warrants simultaneously at about 5:00 am. Officials indicated that 13 arrests were made in Salem County, three additional arrests, including the suspected ringleader of the operation, were made in Delaware while two additional suspects were apprehended in California. The operation was the culmination of a six-month investigation of local and federal agents that involved <a href="http://www.lependorfsilverstein.com/drug_crimes.shtml">drug crime</a> agencies in New Jersey, California, and Delaware. </p>]]>
        <![CDATA[<p>Lependorf & Silverstein have years of experience handling <a href="http://www.nj-drugcrime.com/">New Jersey drug cases</a>. Our law office focuses on criminal matters and DUI cases, allowing us to concentrate on our particular specialties. We are one of the few law teams offering free consultations on any first time case and can begin helping you or your loved one as soon as you call or contact us. </p>

<p>We are always upfront about what we can do for you and any potential outcome of your case. During your initial consultation you will be advised as to how we think you should best proceed with your case. Call or contact us at our office in Princeton. There is no obligation and every call is strictly confidential.</p>

<p>If you or a loved one has been accused of <a href="http://www.nj-drugcrime.com/faq.shtml">drug crimes in New Jersey</a>, contact Lependorf & Silverstein today for a free consultation.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Speed Limit To Be Cut In Response To Fatal Accident</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/03/speed_limit_to_be_cut_in_respo.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=12619" title="Speed Limit To Be Cut In Response To Fatal Accident" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.12619</id>
    
    <published>2008-03-16T17:38:34Z</published>
    <updated>2008-03-27T17:54:01Z</updated>
    
    <summary>In a move that will hopefully save lives in the future, the Department of Transportation and Logan Township have agreed to lower the speed limit on a dangerous mile-long stretch of Center Square Road from 45mph to 40mph. The change...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="Auto Accidents" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>In a move that will hopefully save lives in the future, the Department of Transportation and  Logan Township have agreed to lower the speed limit on a dangerous mile-long stretch of Center Square Road from 45mph to 40mph. The change comes after a fatal <a href="http://www.lependorf.com/auto_accident.shtml">New Jersey Auto accident</a> claimed the life of a local teenager earlier this year.</p>

<p>The affected section of the road which runs between Township Line Road and Heron Drive passes through Logan, Woolwich and Swedesboro. Now that county freeholders have agreed to lower the limit, new signs should go up in a few days. Logan Township also recently approved an expenditure of $3,000 to improve lighting along the sidewalk near the roadway. </p>

<p>The move follows the tragic death of a 13 year old teenager who was struck in a fatal <a href="http://www.nj-truckaccidents.com/">truck accident</a> while crossing Center Square Road on January 3rd.  Her parents attended a recent freeholder meeting and begged for a change. At that time, Gloucester County ordered a traffic study, which determined there was no evidence that excessive speed was a problem. The studies finding allowed the change to be made quickly.<br />
</p>]]>
        <![CDATA[<p>“You need to show that the speed limit is being obeyed, then you can get it reduced,” said county Engineer Vince Voltaggio. “In this case, the speed limit was being followed.”</p>

<p>Moves like this are definitely steps in the right direction, but unfortunately, they come too late to help the young girl who was killed earlier this year. While the lower speed limit is no guarantee that accidents will not occur, the damage done to ones person or auto in a car crash is obviously affected by the speed in which the vehicles in the accident are traveling. </p>

<p>One variable involved in all auto accidents that often gets overlooked is negligence. If there were a history of accidents on this stretch of road, isn’t the municipality responsible to insure the safety of pedestrians? What is the driving record of the other party involved in the accident? Was he impaired in any way? Was the vehicle in proper working condition? All of these questions need to be asked following a <a href="http://www.nj-vehicleaccidents.com/defective-autopart.html">New Jersey Auto Accident</a>. </p>

<p>If you have been in an accident caused by another driver's negligence, you may be able to file a claim against them for property damage, personal damage (medical expenses, pain and suffering, future losses, etc), and, in certain cases, punitive damages. Visit our <a href="http://www.nj-vehicleaccidents.com/car-accident.html">New Jersey car accident site</a> for more New Jersey auto accident information or contact the experienced Auto Accident attorneys at Lependorf & Silverstein today for a free consultation.  </p>]]>
    </content>
</entry>
<entry>
    <title>Ex-Suspect Sues Arresting Officer, Township Over Crash</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/03/exsuspect_sues_arresting_offic.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=11688" title="Ex-Suspect Sues Arresting Officer, Township Over Crash" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.11688</id>
    
    <published>2008-03-11T21:49:19Z</published>
    <updated>2008-03-16T05:25:53Z</updated>
    
    <summary>This is an unusual story that draws concerns over the potential liability a motorist can face for injuring a passenger in a New Jersey auto accident, especially when the driver is a public servant performing duties at the time of...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="Auto Accidents" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>This is an unusual story that draws concerns over the potential liability a motorist can face for injuring a passenger in a <a href="http://www.lependorf.com/auto_accident.shtml">New Jersey auto accident</a>, especially when the driver is a public servant performing duties at the time of the crash. </p>

<p>Sue Marie Podolski was arrested in the early morning hours of Oct. 30 after police responded to a dispute she was having with a friend. While she was strapped into the backseat of Cpl. Robert Riva’s police cruiser on her way to the police station, the automobile collided with a deer in Hunterdon County, leaving Podolski with an abrasion on her neck from her seat belt.</p>

<p>According to Podolski, however, the injury did not end with the abrasion. She is in constant pain and has had one shoulder surgery since the time of the <a href="http://www.nj-vehicleaccidents.com/">auto accident</a>, and is scheduled to have another very soon. She has filed a lawsuit against the officer and the Readington Township seeking monies to help pay for her medical costs. The suit claims that Officer Riva was negligent and that he should have avoided the animal in the October 2005 crash. <br />
</p>]]>
        <![CDATA[<p>This case illustrates the importance of hiring experienced legal counsel after any <a href="http:/www./nj-vehicleaccidents.com/">New Jersey auto accident</a>. What was a simple collision with seemingly no serious injuries and no victims (with apologies to the deer in question) has now become a potential negligence claim against not only an officer, but his employer, the Township of Readington. Experienced car accident lawyers like the ones at Lependorf & Silverstein will know what questions to ask after the wreck and help you explore all avenues of restitution, insuring the best possible result for your case.</p>

<p>What started as a seat belt abrasion became a much more serious shoulder issue that will require multiple surgeries. If Ms. Podolski would have consulted with an attorney at the time of the accident, the proper questions may have been asked much earlier, and potential medical issues could have been avoided altogether. The foundations for a negligence claim may also have been laid out more completely and investigation such as witness interviews could have been completed in a timely manner.</p>

<p>Lependorf & Silverstein can help you recover economic and non-economic damages such as pain and suffering. Our <a href="http://www.lependorf.com/auto_accident.shtml">New Jersey car accident lawyers</a> are experienced in dealing with each element of an auto accident and will give everyone who contacts us a free consultation as to their rights. No matter how large or small your car accident and injuries are, we can help. Contact us today.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Millville Dog Owners To Face Charges After Dog Attack</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/03/millville_dog_owners_to_face_c.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=11687" title="Millville Dog Owners To Face Charges After Dog Attack" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.11687</id>
    
    <published>2008-03-06T21:40:50Z</published>
    <updated>2008-03-16T05:25:27Z</updated>
    
    <summary>In an excellent example of the strict liability laws that govern New Jersey Dog Bite attacks, a South Jersey News Online story published January 25th details the specifics of a case in which a dog attack ended with one of...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="Dog Bite" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>In an excellent example of the strict liability laws that govern <a href="http://www.njdogbitelawyers.com/">New Jersey Dog Bite attacks</a>, a South Jersey News Online story published January 25th details the specifics of a case in which a dog attack ended with one of the canines being cannibalized by a neighboring dog. </p>

<p>According to investigators, Austin Hickman, the caretaker of an Akita puppy, left for a trip to Florida on Saturday. His mother claims he left the Akita puppy outside with food and water at the time of his departure. Authorities believe the puppy died some time after Mr. Hickman’s departure and was then, in turn, cannibalized by the neighboring Chow-mix. A neighbor claimed to see one of the Chows eating away at the Akita puppy shortly after noon on Wednesday. A representative from the SPCA stated that they believe the puppy was already dead when it was eaten by the Chow mix.</p>

<p>According to Bev Greco, director of the Cumberland County SPCA, charges were filed against the owners of the five Chow-mix dogs for failure to provide proper sustenance, veterinary care, confinement, and shelter for the dogs. Three of the five dogs were found to be in poor physical condition, including the one dog that was confiscated by police following the incident. Additionally, the caretaker of the puppy, and the caretaker's mother, would also be charged with abandonment, and failure to provide safe containment and proper sanitary conditions. <br />
</p>]]>
        <![CDATA[<p>In this case, charges are being filed against all the parties involved in the <a href="http://www.njdogbitelawyers.com/liability.shtml">New Jersey dog attack</a> incident, regardless of their roll in the death and subsequent maiming of the dog. The caretaker of the Akita who was in Florida, his mother, and the owners of the neighboring dog that escaped from his yard and ended up cannibalizing the puppy. The owners of the Chow’s could be facing fines up to $4,000, while the Hickman’s could be facing up to $3,000 worth of fines. In addition, all parties involved could be forced to complete community service hours. </p>

<p>Under <a href="http://www.lependorf.com/dog_bite.shtml">New Jersey dog bite law</a> the owner of the attacking dog is held by strict liability. This generally means that the owner is responsible for the dog’s actions, particularly if there are injuries. Because strict liability also has several clauses inherent within it, an experienced New Jersey dog bite attorney can help. While the owner may be responsible for some of the damages, they may present their own legal claim in avoiding having to pay for the dog bite incident.</p>

<p>Lependorf & Silverstein have years of experience handling <a href="http://www.njdogbitelawyers.com/faq.shtml">New Jersey dog bite</a> cases from our office in Princeton. We are able to give free consultations and can take most every case on a contingent fee basis. This means we only earn a legal fee if we win a recovery for you. We always factor these fees into any amount we agree to settle on.  </p>

<p>If you or someone you love has been bitten or injured by a dog in New Jersey contact us for a free consultation and no-obligation legal advice.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Embezzling Cardiologists Face Prison, Fines</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/03/embezzling_cardiologists_face.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=11683" title="Embezzling Cardiologists Face Prison, Fines" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.11683</id>
    
    <published>2008-03-01T21:05:42Z</published>
    <updated>2008-03-16T05:25:01Z</updated>
    
    <summary>Two New Jersey cardiologists who took nearly $900,000 through so-called “no-show” jobs at the New Jersey University of Medicine and Dentistry are facing $250,000 in fines and up to ten years in prison each for their embezzlement. The doctors, Bakul...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="Criminal Defense" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>Two New Jersey cardiologists who took nearly $900,000 through so-called “no-show” jobs at the New Jersey University of Medicine and Dentistry are facing $250,000 in fines and up to ten years in prison each for their <a href="http://www.lependorfsilverstein.com/fraud.shtml">embezzlement</a>.  The doctors, Bakul Desai, and Laxmipathi Garipalli, were each paid hundreds of thousands of dollars for their jobs, which required them to do nothing whatsoever.  Apparently, the doctors did nothing other than refer cardiac patients to the hospital.  </p>

<p>No-show jobs and embezzlement are two illustrations of white-collar crimes that could lead to big penalties, incarceration, loss of professional licenses, and other damage to the reputation.  Embezzlement occurs when an individual uses dishonest means to acquire money.  In this case, the doctors were expected to perform an actual service in exchange for their salaries.  They did not, but pocketed the money even though they never showed up to their high-powered jobs.  <br />
</p>]]>
        <![CDATA[<p>Though it is commonly expected that <a href="http://www.lependorfsilverstein.com/white_collar.shtml">New Jersey white-collar criminals</a> are punished in different fashion than those convicted of violent crimes, many convicted white-collar criminals these days do time alongside hardened criminals.  White-collar sentences are on the rise, and white-collar crimes are investigated and prosecuted with more vigor then ever.  Increasingly draconian white-collar punishments were created with one aim in mind – to serve as a deterrent against offenses like the ones Desai and Garipalli apparently committed.  </p>

<p>The potential damage to a professional and personal reputation from a simple white-collar accusation should not be underestimated.  In order to make savvy legal decisions, any person under investigation or prosecution for a white-collar crime like embezzlement or a no-show job should arm themselves with the best possible attorney.  The right white-collar lawyer is aggressive, experienced, and has total commitment to their clients.  Have you been accused of a <a href="http://www.lependorfsilverstein.com/white_collar.shtml">New Jersey white-collar crime</a> like embezzlement?  You have limited time to act.  Contact Lependorf Silverstein today for a free case consultation.  <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Officer Sentenced to 11 Years In Prison After Fatal DUI Crash</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/02/officer_sentenced_to_11_years.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=11682" title="Officer Sentenced to 11 Years In Prison After Fatal DUI Crash" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.11682</id>
    
    <published>2008-02-21T20:58:41Z</published>
    <updated>2008-03-10T21:04:58Z</updated>
    
    <summary>After killing a 2-year-old child and leaving his mother in a vegetative state, Jersey City police officer Kevin Freibott will face 11 years in prison. It is estimated that Freibott’s blood alcohol concentration (BAC) was more than three times the...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="DUI DWI Drunk Driving" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>After killing a 2-year-old child and leaving his mother in a vegetative state, Jersey City police officer Kevin Freibott will face 11 years in prison.  It is estimated that Freibott’s blood alcohol concentration (BAC) was more than three times the legal limit of 0.08% at the time of the crash.  Freibott was convicted to the maximum sentence of 11 years, and the judge in his case ordered that he not be released on parole until at least seven years of serving his sentence.  He pleaded guilty to vehicular homicide and aggravated assault.  </p>

<p>Anyone interested in <a href="http://www.nj-dwilawyers.com/">New Jersey DUI law</a> will note the range of accusations that ultimately led to Freibott’s conviction.  Not only is he on the hook for DUI, but he faced criminal charges of vehicular homicide and assault.  Freibott has been fired from his job, publicly disgraced, and made responsible for the lives of the mother and child that he took.  The combination of criminal and DUI charges is a wake-up call to anyone who thinks that a DUI-related crash is a minor legal undertaking.  <br />
</p>]]>
        <![CDATA[<p>Though it might seem that a case like Freibott’s is hopeless for any <a href="http:/www./nj-dwilawyers.com/dwi_attorney.html">DUI lawyer</a>, Freibott was lucky to have a lawyer who instructed him to plead appropriately.  This decision was doubtless made based on sound legal strategy.  The decision to enter into a plea bargain can be a tough one, but the right lawyer can make sure that a plea bargain actually benefits the accused person in comparison to what they would face if convicted by a judge and jury.  </p>

<p>Unfortunately, Freibott didn’t just take two lives the night of the fatal crash.  In a sense, he took his own, as well.  Freibott’s career and reputation are permanently destroyed – one of the most serious consequences of a DUI accident.  If you have been accused of a New Jersey DUI, you have a limited amount of time in which to act.  Make sure you arm yourself with legal counsel who understands – and can fight on your behalf.  Lependorf & Silverstein is experienced with all kinds of <a href="http://www.lependorfsilverstein.com/dwi.shtml">New Jersey DUI cases</a>.  In trouble for your DUI?  Don’t delay.  Call us today for a free consultation.  <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Man Accused of Leaving Accident After Driving While Intoxicated</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/02/man_accused_of_leaving_acciden.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=9567" title="Man Accused of Leaving Accident After Driving While Intoxicated" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.9567</id>
    
    <published>2008-02-19T21:33:42Z</published>
    <updated>2008-02-19T21:37:48Z</updated>
    
    <summary>A Garwood Borough resident was arrested on January 29th on charges of driving while intoxicated and leaving the scene of an accident, according to an associated press report published Wednesday, January 30th. Ronald J. Ciuba, 39 was charged by Officer...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="DUI DWI Drunk Driving" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>A Garwood Borough resident was arrested on January 29th on charges of <a href="http://www.lependorfsilverstein.com/dwi.shtml">driving while intoxicated </a>and leaving the scene of an accident, according to an <a href="http://www.nj.com/news/ledger/union/index.ssf?/base/news-3/1201671347279680.xml&coll=1 ">associated press report</a> published Wednesday, January 30th. Ronald J. Ciuba, 39 was charged by Officer Todd Herz with leaving the scene of an accident, careless and intoxicated driving, and having no insurance.</p>

<p>The arrest occurred after a motorist called police at 5:50p.m. Saturday to report she saw a 1999 Chrysler strike a parked car. She went on to explain that she saw the car continue for several blocks, then park on the 300 block of Third Avenue. The witness continued to watch the car until the officer arrived. </p>

<p>Being arrested or accused of a DWI is a scary and distressing situation, but running from an arresting officer is only making a bad situation much worse. Our aggressive <a href="http://www.nj-dwilawyers.com/">New Jersey DWI defense lawyers</a> at Lependorf & Silverstein have much experience representing DWI clients in New Jersey, successfully achieving dismissals, acquittals and lowered sentences, but there is little we can do for an individual who flees from the scene of an accident. Our attorneys have found that it’s best to invoke your rights when stopped for a DUI in New Jersey. While you should never be rude or hostile toward a police officer you should always insist on your right to not answer their questions without a lawyer. While you may also refuse to participate in a field sobriety test you should realize that this looks extremely suspicious to any DWI judge hearing your case and can lead to further penalties later. You cannot refuse to take a breath sample test.<br />
</p>]]>
        <![CDATA[<p>Because there are so many aspects of being pulled over for a DWI that can be legally challenged you should always contact an experienced law firm for assistance. Police checkpoints, why a police officer pulled you over, how they treated you and what the police officer did to determine your state of intoxication are all elements which our New Jersey law firm has handled for years. You have the right to a legal defense that will ensure you are represented ably, professionally and aggressively. Our <a href="http://www.nj-dwilawyers.com/dwi_defenses.html">New Jersey DWI lawyers</a> are committed to our client's best interests only. Contact our office in Princeton today.</p>

<p>If you or a loved one has been accused or arrested for a DWI in New Jersey, contact Lependorf & Silverstein today for a free consultation.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Gym Teacher, 4 Accomplices Arrested On Drug Charges</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/02/gym_teacher_4_accomplices_arre.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=9566" title="Gym Teacher, 4 Accomplices Arrested On Drug Charges" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.9566</id>
    
    <published>2008-02-14T21:26:33Z</published>
    <updated>2008-02-14T21:39:28Z</updated>
    
    <summary>In an alarming example of the proximity of the ever growing drug culture and our school system, a gym teacher from Lacey Township Middle School has been arrested along with four other men on cocaine and illegal steroid charges, according...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="Drug Offenses" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>In an alarming example of the proximity of the ever growing drug culture and our school system, a gym teacher from Lacey Township Middle School has been arrested along with four other men on cocaine and illegal steroid charges, according to a <a href="http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-9/120236313211890.xml&coll=1 ">Star Ledger</a> report published Thursday, February 7th. </p>

<p>Kevin Tracy, 33 of Manahawkin was charged with a laundry list of <a href="http://www.nj-drugcrime.com/">New Jersey drug crimes</a>, including: possession of cocaine, possession with intent to distribute cocaine, distribution of less than a half-ounce of cocaine, possession of steroids and possession of drug paraphernalia. A six year employee of the Lacey Township school system , Tracy was suspended from his $43,000 a year job according to state public employee records. Authorities did not immediately identify the type of steroid but said Tracy is not charged with distributing that substance or cocaine to students. <br />
</p>]]>
        <![CDATA[<p><a href="http://www.nj-drugcrime.com/faq.shtml">New Jersey Drug Charges</a> can be life altering and very serious. Depending on specifics of the case, drug possession charges for first time offenders generally carry mild punishments. You may pay a fine and be ordered to participate in drug rehabilitation. Charges for selling drugs, like the ones being brought in this case, are much more severe and can carry harsher punishments, including lengthy jail time. A drug conviction for selling an illegal substance can adversely affect your life, your job and your future. It is vital that you have a strategic defense attorney on your side to achieve the best possible results.</p>

<p>If you or someone you love is facing a drug offense conviction anywhere in New Jersey we can help. Contact Lependorf & Silverstein at our offices in Princeton for a free, confidential consultation and begin compiling a strong legal defense. Our <a href="http://www.lependorfsilverstein.com/drug_crimes.shtml">New Jersey drug offense lawyers</a> have years of experience successfully defending clients throughout the state.</p>

<p>Our attorneys are committed to helping our clients avoid a drug conviction. Contact us today. <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Acquittal by Reason of Insanity</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/02/acquittal_by_reason_of_insanit_1.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=9484" title="Acquittal by Reason of Insanity" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.9484</id>
    
    <published>2008-02-13T20:36:07Z</published>
    <updated>2008-02-13T20:45:07Z</updated>
    
    <summary>New Jersey’s Code of Criminal Justice provides an Insanity Defense for criminal defendants. Section 2C:4-1 governs this defense. The defense is an affirmative defense which means that the burden of proof standard that typically must be met by the prosecution...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="Criminal Defense" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>New Jersey’s Code of Criminal Justice provides an Insanity Defense for <a href="http://www.lependorfsilverstein.com/">criminal defendants</a>. Section 2C:4-1 governs this defense. The defense is an affirmative defense which means that the burden of proof standard that typically must be met by the prosecution is shifted to the defense, and the defense must prove an insanity defense by a preponderance of the evidence.</p>

<p>Typically, when a defendant is acquitted by reason of insanity, the Court will categorize the defendant in one of three different ways. If the Court determines that the defendant poses a danger to the community or to himself, the Court will require the defendant to be admitted to an in-patient mental facility for treatment. If the Court determines that the defendant does not pose a danger to the community or to himself, the Court will release the defendant without supervision or conditions. The Court may determine that the defendant can be released to society but must be supervised or must be subject to certain conditions such as psychiatric therapy. </p>

<p>The recent New Jersey Supreme Court case of State v. Ortiz which was decided on January 17, 2008, ruled that a defendant acquitted by reason of insanity, whose release is subject to supervision or conditions, will be subject to Krol periodic review hearings. Krol periodic review hearings require periodic judicial review of a defendant’s status to determine if the supervision/conditions initially ordered by the Court need to continue or be modified in any way. Ongoing evaluation to determine a defendant’s status, progress and prognosis, reasoned the Supreme Court, will help to ensure that defendants acquitted by reason of insanity with conditions to their release, will not pose ongoing dangers to themselves or to the public. If you are facing criminal allegations, it is important that you contact a <a href="http://www.lependorfsilverstein.com/white_collar.shtml">New Jersey criminal defense attorney</a> at Lependorf & Silverstein, P.C. for a free and confidential consultation.<br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>SEARCH WARRANT INSUFFICIENT</title>
    <link rel="alternate" type="text/html" href="http://www.newjerseycriminaldefenseblog.com/2008/02/search_warrant_insufficient.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.newjerseycriminaldefenseblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=33/entry_id=9482" title="SEARCH WARRANT INSUFFICIENT" />
    <id>tag:www.newjerseycriminaldefenseblog.com,2008://33.9482</id>
    
    <published>2008-02-12T20:01:57Z</published>
    <updated>2008-02-12T20:11:19Z</updated>
    
    <summary>On January 29, 2008 the New Jersey Appellate Division in State v. Marshall decided that the trial judge erred in denying a suppression motion with regard to a search warrant that was issued without sufficient specificity. The police were investigating...</summary>
    <author>
        <name>Lependorf &amp; Silverstein</name>
        <uri>http://www.lependorfsilverstein.com/</uri>
    </author>
            <category term="Criminal Defense" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.newjerseycriminaldefenseblog.com/">
        <![CDATA[<p>On January 29, 2008 the New Jersey Appellate Division in State v. Marshall decided that the trial judge erred in denying a suppression motion with regard to a search warrant that was issued without sufficient specificity.</p>

<p>The police were investigating Allen Daniels, a suspected <a href="http://www.lependorfsilverstein.com/drug_crimes.shtml">New Jersey drug dealer</a>.  Daniels and another individual were observed by police entering 105 Wayne Avenue in Trenton, and soon thereafter, police saw Daniels and the defendant walk out and drive away.</p>

<p>Based on this information, the police applied to a Superior Court judge for a search warrant.  The problem arose when it was determined that there were actually two separate units inside 105 Wayne Avenue and the police did not know which one Daniels lived in.  The police requested a search warrant for the apartment “to which Daniels has possession, custody, control or access.”</p>

<p>The Judge issued a search warrant for the 105 Wayne Avenue apartment that was in Daniels’ possession or control, but “only if” probable cause could be established after the police “secured Daniels” and a search of him revealed documents, keys, or information that would identify which unit was in his possession or control.<br />
</p>]]>
        <![CDATA[<p>Daniels was ultimately apprehended and the police then determined that he stayed in the first-floor apartment on Wayne Avenue.  They then executed the search warrant and found incriminating <a href="http://www.lependorfsilverstein.com/drug_crimes.shtml">drug evidence</a> within his apartment.</p>

<p>The Appellate Division held that the warrant was unconstitutional because it was issued despite the judge’s implicit finding that the place to be searched was not sufficiently described and because the judge thereafter directed the police to ascertain the facts needed to accurately describe the place to be searched without further judicial oversight or review.  This methodology violated the “neutral and detached magistrate” constitutional requirement.</p>

<p>Many criminal cases offer fact patterns that lend themselves to motions to suppress.  If you have been charged with a crime, it is imperative that you have an aggressive <a href="http://www.lependorfsilverstein.com/">New Jersey Criminal Defense attorney</a> represent you.  Call the lawyers at Lependorf & Silverstein for a free consultation.<br />
</p>]]>
    </content>
</entry>

</feed> 

