New Jersey Criminal Defense Blog

A recent article in the New Jersey Star-Ledger reported that a 5 year old girl was struck by a car as she crossed the street on her way home. She was later taken to the hospital where she died of her injuries.

Surveillance cameras filmed images of a blue Mercedes allegedly leaving the scene of the crime. Witnesses claim the driver of the car was speeding and refused to stop after the little girl was injured. Neighbors expressed concerns about the safety of the street because they noticed severe instances of vehicles speeding through the area.

Police found a Mercedes belonging to the suspect that matched the vehicle description with front-end damage in Newark, NJ. The suspect surrendered to the police at a local church after the prosecutor and the suspect’s attorney made an arrangement.

He is being held on $150,000 bail. Although the case is still under investigation, the police have charged the suspect with serious crimes, including death by automobile, leaving the scene of a fatal accident, and endangering an injured victim. Allegedly, there may have been other occupants in the Mercedes at the time of the accident. Under New Jersey law, if convicted, the suspect could face a prison sentence of a minimum of 10 years and maximum of 20 years.

Continue reading "Suspect Surrenders to Police for Newark Hit-and-Run of 5 year-old Girl" »

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

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

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

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

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

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

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

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

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

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

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An article in the New Jersey Real-Time News reported that a Newark man is suspected of carjacking a woman using a brick. Allegedly, the man approached the woman and demanded her 2006 Dodge Durango vehicle by threatening to attack her, using the brick as a weapon.

Police say the woman surrendered her vehicle, and they believe the suspect drove away with the SUV. The suspect was arrested after the police stopped the vehicle which sent out an anti-theft device signal to the Essex County police department.

The suspect was charged with carjacking, receiving stolen property, and using a false identification with an arresting officer. He is currently awaiting trial for the charges.

New Jersey courts classify carjacking as a robbery offense, which receives the same penalties as a first degree offense. Carjacking is considered a more serious offense than a usual theft crime because an element of force is used in the unlawful taking of another person’s vehicle.

In comparison with a simple theft offense which carries lesser criminal penalties, such as up to 5 years imprisonment, suspects charged with carjacking may face more severe criminal penalties, which can include up to 20 years in prison as well as a $200,000 criminal fine.

The New Jersey criminal defense lawyers of Lependorf & Silverstein provide fierce, aggressive, and tactical legal representation for clients facing severe legal penalties. Our attorneys hold vast experience in defending our clients against charges of carjacking, robbery, theft, and numerous other criminal allegations.

If you are suspected of committing a serious crime, you will need an attorney capable of providing strong legal representation. For your free legal consultation, contact us at 609-240-0040.

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A 46-year-old Bayonne firefighter and his 53-year-old wife have been arrested for allegedly operating a marijuana farm and are being held at the Warren County jail on $200,000 bail each, according to an nj.com article. In being charged with running and maintaining a drug manufacturing facility, the New Jersey husband and wife face several harsh penalties, including up to 20 years in prison and a fine of up to $750,000 for the first-degree drug offense.

In addition, the article also mentions that the couple has been charged with the fourth-degree crime of child neglect relating to their 10-year-old son, the second-degree crime of manufacturing marijuana, the fourth-degree crime of possession of more than 50 grams of marijuana, and the disorderly persons offense of possession of drug paraphernalia (a hypodermic syringe). According to New Jersey law, second-degree offenses may result in a maximum sentence of 10 years in state prison and a maximum fine of $150,000. Fourth-degree crimes have a maximum penalty of 18 months.

Continue reading "Bayonne Firefighter and Wife Arrested for Running Marijuana Farm" »

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Posted In: Criminal Defense , Drug Offenses , Legal Information , Marijuana Defense

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It’s safe to say that “head butting” a co-worker will end a training session pretty quickly. It’s even more plausible that you will be asked to leave your work-related training session for being disruptive. A nj.com report discusses the recent arrest of a 26-year-old Brick man who allegedly threatened his fellow co-workers at an auto warranty processing firm training session, “head-butted” one employee, kicked a police officer, and threatened to kill police while on his way to Ocean County Jail. The man has been charged with multiple offenses, including aggravated assault on a police officer and making terroristic threats. He is being held on $100,000 bail.

As this particular case validates, anything an arrested individual says can and will be used against him or her while being prosecuted or sentenced for a crime. Despite any feelings of confusion, frustration, or anger, a person arrested and charged with a crime in New Jersey should remain silent until they have consulted with a Princeton criminal defense attorney. This man’s situation could have been less complex had he not made any statements regarding “killing other police officers.” However, such statements are typically not enough to convict an arrested individual.

Continue reading "Brick Man Charged with Assault for "Head Butting" Co-Worker during Training" »

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On January, 18, 2010, Governor Jon Corzine, on his last day in office, signed a measure, the “Compassionate Use Medical Marijuana” law, making New Jersey the 14th state to legalize marijuana for medicinal purposes. Based on an nj.com article, the marijuana bill (S119) is anticipated to take effect within six months. However, not just anyone is legally permitted to utilize medical marijuana.

According to the report, patients will be able to get a prescription for marijuana if they have the following illnesses: cancer, multiple sclerosis, glaucoma, seizure disorder, HIV/AIDS, severe muscle spasms, Lou Gehrig’s disease (amyotrophic lateral sclerosis), muscular dystrophy, Crohn’s disease, inflammatory bowel disease, and any terminal illness if a doctor believes the patient has only a year left to live. The new law will allow the state health department to include other illnesses in addition to the above list when it develops rules of implementation for those specific calamities.

A major and important restriction included with the approval of the new law is the ban against individuals growing their own marijuana, even if it is for medical reasons. This is to ensure that marijuana be dispensed through licensed “alternative treatment centers.” Also, designated caretakers for severely ill individuals will be required to have criminal background checks.

Continue reading "New Jersey Legalizes Medical Marijuana" »

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Posted In: Criminal Defense , Drug Offenses , Legal Information , Marijuana Defense

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According to a bangordailynews.com article, a 42-year-old Jersey City native has been sentenced to 37 months in federal prison for his part in a cocaine distribution ring which extended from Mexico to the Bronx to Maine. After he finishes his prison term, the man will begin a three year supervised release sentence. Based on the report, the convicted man may receive treatment and counseling for his drug addiction while in prison and on supervised release per the U.S. District Judge’s recommendation.

Similar to this man’s situation, many individuals arrested for drug-related crimes in New Jersey and across the nation are in serious need of drug rehabilitation and counseling to help them combat their addiction(s). The man’s attorney stated that the defendant saw two murders while growing up in New Jersey and developed a “lifestyle of substance abuse.”

Continue reading "Jersey City Native Sentenced for Involvement in Cocaine Distribution Ring" »

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Posted In: Criminal Defense , Drug Offenses , Legal Information

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Although New Jersey’s overall crime rate for 2009 will not be determined until next summer, preliminary homicide reports have shown a decline for the third straight year. Based on a dailyrecord.com report, preliminary murder statistics in New Jersey show a downward crime trend that may be attributed to a state plan combating violent crimes. Other credited crime prevention tactics include advanced surveillance and security systems, more intelligent deployment of police resources, stronger drug and gun laws, and harsher sentencing guidelines.

According to the Uniform Crime Report, the number of violent crimes in New Jersey decreased by 1 percent. Even though this decline is small, it shows that the number of incidents have decreased seven years in a row. The report also shows that there were 26 crime victims for every 1,000 residents last year, which is up from 25 per 1,000 in 2007.

Continue reading "Homicides Down in New Jersey for Third Straight Year" »

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Posted In: Criminal Defense , Legal Information , Murder

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An off-duty New Jersey State Police sergeant has been charged with drunken driving after being involved in a two-vehicle collision on December 17, 2009 in Allamuchy Township. According to a lehighvalleylive.com article, the 45-year-old sergeant from Sussex County is suspended from duty at the Hope Township station without pay until the investigation is complete.

In addition to charges for driving while under the influence of alcohol, the man is also being charged with refusing to submit to an alcohol breath test, failing to report an accident with injuries, and leaving the scene of an accident. At the time of the article’s release, information was not provided regarding who endured injuries or how severe those injuries were.

When an individual is charged with DUI or DWI on top of other offenses, several complex legal issues may arise and a person’s reputation may never be the same. Being accused of drunken driving in New Jersey can bring about serious consequences, such as lengthy jail time, steep fines, driver’s license suspension, becoming unemployed, and much more. However, with skilled legal counsel on your side, you may be able to have the charges against you reduced or even dismissed completely.

Continue reading "Drunken Driving Charges against New Jersey State Police Sergeant" »

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Posted In: Criminal Defense , DUI DWI Drunk Driving , Legal Information

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A 51-year-old Newark woman pleaded guilty to a third-degree charge of receiving stolen property. She admitted to being involved in a conspiracy with a former employee of the City of Newark to steal from the federally funded WIC (Women, Infants and Children) nutrition program through fraudulent vouchers. According to a jacksonnjonline.com article, the state will suggest that the woman be sentenced to a term of probation under her plea agreement. Her sentencing is set for March 3, 2010.

The article also discusses that an ongoing investigation by the Division of Criminal Justice Corruption Bureau determined that between December 1, 2005, and January 31, 2007, over $1 million was to be issued in fake vouchers by the accused individuals. The investigation started when the New Jersey Department of Health and Senior Services and the Newark Department of Health and Human Services warned the Division of Criminal Justice about suspected voucher thefts from the Newark WIC Program. As a consequence, the former WIC employee was sentenced in 2009 to eight years in state prison for second-degree official misconduct for his part in the scheme.

Continue reading "Newark Woman Arrested for Defrauding WIC Nutrition Program" »

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Posted In: Criminal Defense , Fraud , Legal Information , White Collar Crime

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An article from nj.com discusses the recent guilty plea of a 60-year-old accountant to embezzling $1 million in cash and stock from Bel Fuse, Inc. The man was a senior accountant for the Jersey City firm which manufactures telecommunications equipment. Based on the article, in pleading guilty on November 19, 2009 to wire fraud charges in federal court in Trenton, the accountant now faces up to 33 months in prison under the conditions of his agreement with prosecutors. However, judges are not limited to such agreements and have wide discretion when imposing the man’s sentence, which is scheduled to be handed down on February 18, 2010.

Apparently, the accountant took 30,000 shares of stock and $500,000 from the retirement, stock-option and profit sharing plans of Bel Fuse, Inc. The certified public accountant was in charge of managing the Bel Fuse, Inc. day-to-day stock options plan, 401(k) plan, and profit-sharing plan. After it was discovered that he was illegally transferring stock to himself and inflating his contributions to the company’s 401(k) and profit-sharing plans, he was fired during a routine audit. During the recent hearing, the man also admitted to illegally transferring 2,000 shares of stock into a brokerage account regulated by his son who was not an employee of Bel Fuse.

Continue reading "Jersey City Accountant Charged with Embezzling $1M" »

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Posted In: Criminal Defense , White Collar Crime

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Anyone who is arrested for possessing less than 50 grams of marijuana in the State of New Jersey faces being charged with a misdemeanor, may be sent to jail for six months, and could be fined $1,000. These harsh penalties currently loom over two former gang members who are well-known for their anti-violence efforts.

According to an nj.com story, the two individuals charged with possession of a controlled dangerous substance under 50 grams have been profiled in the nationally broadcast “Brick City” documentary. Apparently, after citing their vehicle for a non-moving violation, a state trooper smelled marijuana, searched their vehicle, and found marijuana. A third individual in the vehicle was arrested on the same charges as the documentary participants.

Continue reading "Two Anti-Violence Activists Arrested for Marijuana Possession" »

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Posted In: Criminal Defense , Drug Offenses , Marijuana Defense

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Contrary to what many New Jersey residents may believe, a motorist may face charges for driving while impaired (DWI) if he or she is suspected of operating a vehicle while under the influence of legally prescribed drugs or over-the-counter medication. A more obvious point is that a driving while impaired charge in New Jersey also applies when illegal drugs are involved. And depending on the type of illegal substance, a person’s criminal history, age, and if any other illegal drugs are in a driver’s possession, additional charges may be filed against him or her.

Motorists should be aware of the potential side effects of a prescription drug or over-the-counter medication. Some of these reactions may include drowsiness, nausea, excitability, sight-related issues, or impairment of motor functions, all of which may affect a person’s ability to operate a vehicle. Also, an individual may experience these effects if a certain medication, whether over-the-counter or prescription, was mixed with alcohol or illegal drugs.

Continue reading "Understanding Driving Under the Influence of Drugs in New Jersey" »

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Posted In: Criminal Defense , DUI DWI Drunk Driving , Drug Offenses , Legal Information

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A recent pressofatlanticcity.com report discusses how Atlantic City is safer than most people realize. An Atlantic City Police Chief stated that he does not believe the public perception matches appropriately with the statistics. According to the report, violent crimes increased by 27% in the U.S. from 1978 to 2008, but only jumped 4% in Atlantic City. While thefts dropped 4% across the nation in the same time frame, theft decreased 43% in Atlantic City. All of these decreases were seen even though Atlantic City has an immense influx of visitor and commuters mostly drawn to its casinos and resorts.

So why the falling numbers? Apparently, casinos throughout Atlantic City have enhanced in-house security. Also helping lower crime is the growth of police forces within the area. In addition, there seems to be greater concern regarding comprehensive studies of what crimes happen where and when, whether victims and perpetrators know each other, and whether or not they are residents.

Although the flow in crime-patterns is in Atlantic City’s favor, especially with thefts being the lowest in 2008 (2,927 incidents) since casinos opened, crime did rise in the first 10 years of casino operation. It is promising though that within the last 20 years, crime has fallen. Some other reasons for this decline include an increase in recreational outlets for at-risk children, low-income neighborhoods being destroyed, and casinos working more diligently to recruit job applicants from low-income neighborhoods.

Continue reading "Violent Crime Decreases in Atlantic City, but the Battle Isn't Over" »

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Posted In: Assault , Criminal Defense , Gang Crimes , Legal Information , Murder , Theft/Shoplifting

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According to a Drug Policy Alliance Network announcement, the New Jersey Senate Judiciary Committee is scheduled to vote on Senate Bill 1866. Referred to as a “groundbreaking sentencing bill”, it will provide judges the diplomacy to waive mandatory minimum sentences for a number of nonviolent drug offenders if approved. According to the report, many advocates consider support of the bill to be signs of common-sense and practical improvement that would boost fair and effective sentencing while sparing the taxpayer’s wallet.

The director of Drug Policy Alliance New Jersey provided the following statement: “Twenty years ago, New Jersey began implementing harsh mandatory minimum sentences for nonviolent drug offenders. These laws have been a spectacular failure. They have done nothing to decrease drug activity and have filled New Jersey’s prisons with nonviolent drug offenders at great cost to New Jersey taxpayers.”

In encouraging the committee’s willingness to consider Senate bill 1866, the director and many others hope that the new bill will prevent any further exceptional levels of incarceration and huge amounts of taxpayer money spent; both of which resulted from the Comprehensive Drug Reform Act’s initiation in 1986. Based on additional information provided by the Drug Policy Alliance Network, approximately twenty years ago, only 11% of individuals in prison were serving mandatory minimum sentences. Today, about 69% are serving mandatory sentences. Also, in 1987, only 11% of the New Jersey prison populated was incarcerated for drug offenses. Now, 29% of the prison population is incarcerated for nonviolent drug offenses.

Continue reading "New Jersey Senate Judiciary Committee Scheduled to Vote on Bill 1866" »

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There has been much discussion lately regarding retired NBA star Jayson Williams and his postponed hearing. According to a recent report, the Somerville hearing, in which Williams was expected to enter a plea for a 2002 shooting death of a hired driver, was indefinitely delayed.
One source stated that the delay is partly related to travel issues experienced by Williams in getting to New Jersey from South Carolina. It is also being said that he will plead guilty to aggravated assault. If Williams does in fact plead guilty to the assault charge, he will face a minimum 18-month sentence due to a gun being involved in the driver’s death.

The former NBA player was acquitted in 2004 for aggravated manslaughter, but was convicted of covering-up the shooting, which took place at his mansion in New Jersey. In awaiting a second trial for reckless manslaughter, which carries a maximum 10-year sentence, the jury deadlocked on the reckless manslaughter count.

Continue reading "Hearing Delayed for Retired NBA Star Jayson Williams " »

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A 37-year-old Manchester man has admitted to stealing $880K over a four-year timeframe from a Carteret trucking and warehousing company. According to an nj.com article, the man pleaded guilty in New Brunswick to one count of second-degree theft. The man worked for the company as a computer technician for seven years. In being arrested earlier this year, the man had not yet been indicted. Since he pleaded guilty, the man gave up his right to a grand jury proceeding.

Apparently, the man entered his plea on November 17, 2009 and the Superior Court Judge addressing his case set the man’s sentencing date for February 22, 2010. In negotiating a plea agreement, the accused man faces a sentence of seven years in state prison. He will also have to reimburse FMI Inc. approximately $126,600 to cover its losses because he used a company credit card for personal expenses amounting to $150,880.97. Furthermore, the man is also charged with buying computer equipment worth $729,550.57, re-selling the materials, and keeping the profits for himself.

Although the man in this particular case pleaded guilty to the charges against him, doing so is not applicable in every criminal case. It is advisable for anyone considering entering a plea agreement for a white collar crime to first speak with a skilled New Jersey white collar crime attorney. White collar crimes in New Jersey are very serious offenses that may pertain to the following:

• Extortion


• Credit card fraud


• Money laundering


• Forgery


• Embezzlement


• Perjury


• Internet fraud

Continue reading "Carteret Company $880K Theft Case Unfolds" »

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Posted In: Criminal Defense , Theft/Shoplifting , White Collar Crime

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There are many gatherings and events to look forward to during the holiday season. However, coming upon a DWI checkpoint is not one of them. According to a Daily Record report, after receiving a DWI Enforcement Grant from the New Jersey Division of Highway Safety, the Morris County Prosecutor’s Office implemented DWI checkpoints during Thanksgiving and will do so throughout the holiday season to conduct DWI checkpoints with municipal police departments at different Morris County locations.

The Division of Highway Safety will use this opportunity to educate motorists about the consequences of driving while impaired. When stopped at the DWI checkpoints, drivers will be given pamphlets describing the repercussions of impaired driving in addition to being told by law enforcement that first-time offenders may lose their driving privileges for up to seven months and face fines, insurance surcharges and legal fees amounting to as much as $15,000.

In discussing the reasons for conducting DWI checkpoints, New Jersey’s Division of Highway Safety’s website says the following: “Although every year 1.5 million impaired drivers are arrested, only one arrest is made for every 772 occurrences of driving under the influence of alcohol. Repeat offenders account for a high number of alcohol-related crashes.”

Continue reading "Holiday DWI Checkpoints Scheduled Throughout Morris County" »

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Posted In: Criminal Defense , DUI DWI Drunk Driving

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The recent arrest of a man in Virginia for indecent exposure has left many citizens across the U.S. with different reactions as to what characterizes intentional and accidental exposure of one’s private parts when in the confines of one’s own home. According to a northjersey.com article, Fairfax police are saying that the man “wanted to be noticed…positioning himself so that the mother and child would see him not once, but twice.” The accused man claims that he never saw the 45-year-old woman and her 7-year-old child as they walked by his suburban house and spotted him in the nude through the window. Nevertheless, if the man is convicted, he may face a sentence of up to one year in jail for indecent exposure.

It is clear that this case may present some complex issues given the often blurred separating, or differing interpretations, of what constitutes private and public space, especially in instances where the windows of a house may not have blinds or curtains to hide inside activity from the outside.

Continue reading "Man Charged with Indecent Exposure for Being Nude in his House" »

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Posted In: Criminal Defense , Legal Information , Lewd Conduct , Sex Crimes

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An article discusses the recent case of a truck driver from New Jersey who allegedly caused the death of three people. According to the report, the truck driver has pleaded guilty to the felony charge against him for grossly negligent operation resulting in death. While attorneys say that they will be asking a Vermont District court judge to sentence the 42-year-old man to one to 10 years in prison, defense attorneys are said to be planning to request a suspended sentence.

So what’s the story behind this man’s guilty plea? Such a case is often far too complex to accurately explain here. However, it is yet to be determined whether the truck driver will serve jail time, be given a suspended sentence, or if the case will have a completely different outcome than is currently expected. As the case stands now, it all began after the truck driver was accused of hitting two cars while driving his tractor-trailer on Route 9 in Woodford when the truck overturned along a sharp, downhill curve. More details as to the condition of the driver at the time of the accident and other causation factors have not been made public at this time.

While it is true that motorists, including commercial truck drivers, have many responsibilities while operating a vehicle on the road, there may be multiple factors that contribute towards causing an accident other than driver negligence. Evidence is always a critical element to any vehicular manslaughter, homicide, or murder case, as it is sure to be in the aforementioned incident.

Continue reading "New Jersey Truck Driver Involved in Felony Gross Negligent Operation Case" »

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Posted In: Criminal Defense , Legal Information , Traffic Offenses

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For a teenager to be sentenced as an adult is a serious matter which usually draws differing public opinion regarding whether justice has been served or if justice has gone too far. According to an nj.com article, a Jersey City teen, who is now 17-years-old, was 16 at the time he was arrested for holding a gun to a man’s head during a robbery. On October 29, 2009 the teen received a sentence as an adult amounting to six years in prison. Whether the teen will be held with other youthful offenders until he turns 18, or will be housed with the general population at the prison, is yet to be decided by New Jersey Department of Corrections Officials.

Apparently, the teen had eight prior encounters with law enforcement before the alleged robbery with the gun. Other allegations against the boy relate to acts of violence and weapons use. Based on the article, a Hudson County Assistant Prosecutor stated that the boy is required to serve 85% of his sentence before he may be able to qualify for parole, and also said, “This is still a young man and there is some chance of rehabilitation.”

This case has raised concern regarding an unsettling trend in the amount of juvenile offenders who seem to rapidly turn to serious crimes. The argument behind this teen’s prison sentence is that his first conviction was an armed robbery case, whereas other juveniles may receive some leeway in the form of a probation sentence if their first conviction is a drug case. The Hudson County Assistant Prosecutor also said, “We are seeing more and more gun-related crimes or crimes of violence by people who are younger.”

Continue reading "Jersey City 16-Year-Old Sentenced as an Adult" »

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Posted In: Criminal Defense , Juvenile Crimes , Legal Information , Robbery

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A heated topic of discussion lately has been the recent arrest of a Chatham church janitor who is accused of killing a parish priest whose body was found in the church rectory. Apparently, law enforcement in Philadelphia has been looking for the janitor since 1988 due to an alleged indecent assault of a minor. In addition to the charges that he stabbed and killed the priest at Saint Patrick Church, the 64-year-old man is also accused of having more than two aliases and using various social-security numbers and identifications within the years to cover up his past.

According to an nj.com article, the arrested man had been working for the church as a janitor since 1992. Authorities are saying that he became very upset during a discussion with the priest regarding his continuous employment. Even though reports state that the case against this man is “very strong”, a case involving homicide or murder requires precise and accurate procedures relating to investigation, evidence collection, interrogation, and much more.
Having past criminal charges can play a determining factor in an individual’s case when punishment is being decided, especially if this past has been the reason for a person being considered a fugitive. However, even when an accused has a history of criminal charges, he or she is innocent until proven guilty and has the right to a fair trial and legal representation.

As it is defined in New Jersey State Law 2C:11-2, an individual is guilty of criminal homicide if:

• He or she purposely, knowingly and recklessly causes the death of another human being

• Criminal homicide is murder, manslaughter or death by auto

Continue reading "Chatham Church Janitor Charged with Parish Priest's Murder" »

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Posted In: Criminal Defense , Murder

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A recent shorenewstoday.com story discusses the recent success of Oakcrest High School’s participation in New Jersey’s School Violence Awareness week from October 19-23, 2009. As one of many schools that took part in the state-wide awareness week, students found themselves listening to anti-violence discussions from law enforcement personnel and participated in a series of activities that both helped inform them about potential dangers and stressed the importance of character and social awareness education. According to the article, the State of New Jersey provided guidelines for the required awareness week.

Based on the report, Oakcrest High School had representatives from the Hamilton Township Police Department and the New Jersey Juvenile Justice Commission address freshmen health classes regarding the juvenile justice system, crime statistics, and the consequences of gang membership. In addition to these talks, teachers focused their lessons distinctively on teasing and bullying, and unique assemblies were put on to help motivate students to both recognize and make positive choices. To demonstrate that they were internalizing all the maters being discussed, students made posters, wrote skits, and dance classes created their own choreography inspired by conflict and resolution scenarios.

In recognizing the reality that violence awareness should be upheld at all times in a school-setting, Oakcrest High School implements a year-round peer mediation program run by student mentors to help identify problems before they lead to violent acts. Other efforts by the school to protect its students from violence or other harmful acts include visitor buzzer access to the building, bus evacuation drills, fire drills, staff and visitor ID badges, and school lockdown practices.

Continue reading "New Jersey's School Violence Awareness Week Hopes to Curb Juvenile Crime" »

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Posted In: Criminal Defense , Juvenile Crimes , Legal Information

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It was announced in an nj.com report that a four-day “Fugitive Safe Surrender” program expects to welcome approximately 5,000 individuals with open criminal warrants (perhaps more even) at Bethany Baptist Church from November 4 through November 7, 2009. According to the article, the program is designed to provide those with warrants for non-violent crimes the chance to resolve their legal problems by turning themselves in once and for all. The State Attorney General stated that the public safety initiative “is not an amnesty program” but instead is “a second chance program.” Approximately $100,000 was budgeted for the Newark program, which was paid for through federal stimulus funds.

Authorities from a dozen agencies conducted their press release announcing the “Fugitive Safe Surrender” initiative, claiming that those who surrender will receive “favorable consideration” from the courts. Some may question the validity of such a claim, especially considering that each criminal case, even if it relates to a non-violent offense, varies greatly from case to case. In fact, a local leader of a group that assists ex-offenders stated that many people with open warrants want clear-cut guarantees that they will not be arrested if they turn themselves in. However, while officials have not made these assurances, they have mentioned that less than 3% of people who surrender are arrested.

Even though it is speculated that a small percentage of the fugitives who surrender will actually be arrested, it will be interesting to see how matters play out. Nevertheless, any effort to help curb crime and make communities safer is something that deserves positive recognition. As skilled New Jersey criminal defense attorneys, we understand that running from the law is never a proactive decision for a person being pursued for having committed a crime. Every criminal offense is different and each case has unique circumstances that can influence the outcome. Factors that may play a determining role in an individual’s case include an existing criminal record, other pending offenses, and much more.

Continue reading ""Fugitive Safe Surrender" Program to Begin in Newark" »

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According to an article from politickernj.com, New Jersey lawmakers are strongly advocating for the pardon of a medical marijuana user who turned to its consumption due to not being able to afford costly pharmaceutical drugs to ease his pain from multiple sclerosis. The article states that the lawmakers believe that the charges of multiple counts of possession and manufacture of illegal drugs, including first degree maintaining or operating a drug-production facility, are “inhumane, illegal and inconsistent with direction of state’s drug policies.”

Based on the report, 17 marijuana plants were discovered in the backyard of the arrested man’s Franklin Township home by a training fly-over New Jersey National Guard helicopter in August 2008. According to the defendant’s lawyer, the man relied on the use of natural substances to alleviate his suffering, including bee-sting therapy and marijuana that was purchased illegally.

If the man is convicted, these charges could result in a prison sentence of up to twenty years, and would deny him the opportunity to qualify for the Pre-Trial Intervention (PTI) program, which is an alternative to incarceration for non-violent offenders. Even though state prosecutors have offered a plea agreement of four years imprisonment, the Union County lawmakers have called on Governor Corzine to pardon the man of the drug-production facility charge so that he may qualify to participate in PTI and avoid spending time in prison.

Continue reading "Lawmakers Urging Pardon of Medical Marijuana User Who Suffers from MS" »

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For those that think that celebrating Mischief Night and Halloween translates to New Jersey law not applying, think again. Zero-tolerance policies will be at their height the day before Halloween, also known as Mischief Night, Goosey Night, and Cabbage Night, and especially on the day of Halloween. A northjersey.com report reminds youngsters and adults of all ages to be on their “best behavior.”

Some activities that law enforcement will be on the look-out for are ones that could leave an individual facing serious criminal accusations and subsequent penalties. If a person decides to damage property, either by breaking windows, destroying or selling Halloween decorations, blowing-up mailboxes, or chemically damaging cars, all violations that Montvale property owners have dealt with in the past, then he or she may be charged with criminal mischief and additional charges.

Based on the report, a Detective Sgt. said, “We are stepping up patrols…we are looking for anybody who is going to be defacing anybody’s property.”Along with these efforts, local curfews will be in full swing with River Vale’s cut-off time being 8 p.m. and Oradell, Park Ridge, and Montvale sticking with a 9 p.m. curfew time.

As experienced criminal defense attorneys in New Jersey, we understand the seriousness of being charged with a crime, whether it seems as simple as criminal mischief or as complicated as driving under the influence. No matter what type or degree of crime you have been arrested for, the outcome of your case may have a monumental affect on your future and your freedom. It is for this reason that any person who has been accused of a crime should know his or her rights. Often times, a skilled attorney is the best resource one can use to be reminded of these rights, and such an attorney will ensure that those rights are protected no matter how serious the charges being faced are.

Continue reading "New Jersey Law Still Applies on Halloween and Mischief Night" »

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Based on a capemaycountyherald.com report, a recent Drug Court program graduation held on September 21, 2009 reflects how nonviolent offenders have a chance at successful rehabilitation. According to the article, three individuals graduated from the Cape May County Drug Court and 14 others reached the program’s final phase on September 15, 2009. Since its beginning five years ago, the Cape May County Drug Court has had involvement from 577 defendants sentenced to the program, 315 active participants, and 26 graduates. The program has also contributed to the drug-free births of 20 babies. With a retention rate of 61.3 percent, the program is typically a five-year process and circulates around addiction counseling, curfews, mandatory recovery meetings (Alcoholics Anonymous or Narcotics Anonymous), and even random visits from probation officers.

One member of the program stated that the crimes he committed were “all related to drugs and alcohol.” When this particular participant was facing DWI, theft, burglary, and drug charges in multiple Cape May County areas, he was a prescription drug addict. He was given the choice of going to drug court or serving a four-year sentence in prison. For individuals facing similar nonviolent charges, Drug Court gives drug addicts and alcoholics the stability and organization they need to learn ways to become an industrious member of society.

According to the story, Drug Court statistics revealed that 70 to 85 percent of all crime in America is carried out by individuals that are under the influence of alcohol or drugs. Not only do Drug Courts help addicts that have committed crimes receive the counseling they need to live drug-free lives, but Drug Court treatment is also cost-effective.

Continue reading "Benefits of Drug Court Program Seen in Cape May County" »

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A recent article from nj.com reveals an interesting drug possession arrest that took place after two women dialed the wrong number--the police--when trying to arrange a cocaine pick-up. When the police received the call, a detective pretended to be the women’s drug dealer and arranged a time and place to meet so that the “cocaine” could be delivered. According to the report, after being arrested and charged with “conspiracy to possess a controlled dangerous substance and loitering with the intent to purchase a controlled dangerous substance,” the two women were released and they now await their court appearance.

It seems as though calling the police by mistake would not be something that happens on a regular basis for those seeking illicit substances; however, it is more common than most people realize. Earlier this year in June, two individuals were arrested for related drug charges after they accidently sent an off-duty corporal a text message in search of marijuana.

Being charged with a drug crime in New Jersey can impose many challenges for a person to endure. It is common for those arrested for drug offenses to not know their rights, which puts them at an even greater disadvantage if they do not seek legal advice from an experienced New Jersey drug crime defense attorney.

Continue reading "Wrong Number Mishap Results in Drug Possession Arrest of Two Women in Salem County" »

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The Internet has countless purposes and is used in practically every household on a daily basis. However, as a recent Internet sex crime demonstrates, what you do with your spare time on your private computer may not be as private as you think.

A recent report from northjersey.com discussed the case surrounding a well-known and liked Maywood chiropractor who has been sentenced to five years for luring underage girls on the Internet through sexual conversations. One of the girls whom he had arranged to have sex with was only 15 years old. Unbeknownst to him, the young girl happened to be an undercover cop, and the man was about to be arrested. The 2004 undercover sting operation placed the man in custody, although the case has not been settled until now due to pre-trial motions.

According to the report, the judge called the convicted sex offender “Dr. Jekyll and Mr. Hyde” since he played an active role in the community leading food drives and providing free chiropractic care to the underprivileged, yet led a completely different type of lifestyle within the privacy of his own home. In the end, the man pleaded guilty to two counts of luring, in addition to a weapons offense for an illegal gun contained in a vault at his home. He was then sentenced to three years for the weapon offense, to run in tandem with the five year sentence for the luring offenses.

Being charged with a sex crime can turn a person’s life upside down. Especially when a sex offense involves minors, societal scorn can have irreversible influences on a person’s reputation, as well as tarnishing the name of his or her family. In addition to these consequences, sex crime convictions have the potential to impose severe penalties such as lengthy jail sentences, sex offender registration, and steep fines that can leave the accused in debt. In order to ensure that all of your Constitutional rights are protected under the law, it may be in your best interest to seek the services of a skilled New Jersey sex crime defense attorney.

Continue reading "Two Sides to One Man: Well-Known Chiropractor Sentenced for Sex Crimes" »

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After a nine-month investigation called “Operation Orange Crush” that involved multiple agencies, 34 gang members have been arrested for several drug offenses and weapons violations. According to an nj.com report, Essex County is the location where the alleged gang members of the Brick City Brim Bloods and the MOB Piru set of Bloods participated in dealing drugs. Authorities discovered and confiscated 41 grams of marijuana, 153 grams of heroin, and more than 1,900 glassine envelopes of heroin; all amounting to over $30,000 in value. In addition, a sawed-off shotgun, five handguns, and an assault rifle were found by law enforcement.

Criminal offenses that relate to drug possession and sale carry serious consequences. If you’ve been charged with a drug crime, the severity of penalties held against you will greatly depend on the type of drug you are accused of possessing or selling, as well as the amount of those particular drugs. In this specific case, many of the individuals arrested in Essex County may face lengthier jail sentences and increased fines due to weapons being involved. Also, the article mentioned that 22 of those arrested have a history of violence on their record, which may also contribute to steeper penalties.

Continue reading "Essex County Drug Arrest of 34 Gang Members" »

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The recent sentence of the former chief financial officer of Lincoln Park reflects the severe consequences of being convicted of official misconduct. Two years ago, New Jersey Attorney General guidelines were toughened regarding official misconduct charges, making it so that a convicted offender would have to serve a minimum sentence of five years without parole. Not having the opportunity of parole is a devastating penalty indeed. The former chief financial officer was sentenced under this exact guideline on September 22, 2009. According to an article, the 59-year-old man pleaded guilty to one count of second-degree official misconduct. He was originally charged with six counts of official misconduct and theft and could have been sentenced to 10 years in prison.

The convicted man’s attorney stated that the new guidelines for a minimum sentence for official misconduct “strips defense attorneys, persecutors and judges of their roles of being able to treat cases individually on their merits and tailor just resolutions.” The attorney makes a valid point, particularly since the offenses committed by his client allegedly took place before the new guidelines were put into effect.

Continue reading "Former Chief Financial Officer Sentenced for Stealing $21,000 from Lincoln Park " »

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It may surprise some New Jersey residents that a person can be charged with an assault offense without ever actually laying hands on another individual. Aggravated assault occurs when an individual attempts to cause serious bodily injury to someone else, either with or without the use of a deadly weapon.

According to a northjersey.com article, police responded to a call from a woman who said that her ex-boyfriend was outside of her home despite there being a restraining order forbidding him from being near her. When police arrived at the scene, the man tried to walk away from them, but officers blocked his way. Then, the Union City man allegedly waved a 10-inch steak knife at police and began yelling and telling them to shoot him. Apparently, the man had the steak knife underneath his shirt in his waistband. The article stated that after negotiators convinced the man to surrender, he was arrested for aggravated assault, making terroristic threats, violating a permanent restraining order, resisting arrest, possession of a weapon for unlawful purpose, and unlawful possession of a weapon.

Being charged for multiple crimes puts an individual in quite a challenging position, especially if he or she has an existing assault criminal record. However, an experienced NJ assault defense attorney can help a person being charged with an assault offense, even if there are multiple charges being filed against you. With a lawyer on your side that is highly familiar with how local New Jersey courts operate, in addition to having a thorough understanding of the many complexities surrounding criminal cases, you can be assured that your rights will be protected.

Continue reading "Aggravated Assault Charges Against Man With a Steak Knife" »

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An nj.com article reported that the Edward Byrne Memorial Justice Assistance Grant Program has provided Union County, New Jersey with $1,315,718. Many residents of the area are likely to applaud such funds considering that it will help support state and local government actions to improve the criminal justice system, as well as help prevent and control crime in Union County.

According to the report, Union County’s Freeholder Chairman stated, "Public safety is a top priority and this grant assures our police departments will be able to tap the technology and equipment they need to do their jobs."

The funding will be distributed in various ways, with activities ranging from juvenile curfew detail to new equipment for law enforcement to use. The grant will also contribute to community outreach programs, which require specific training that will be funded by the grant as well.

As New Jersey criminal defense attorneys, we understand the necessity of crime prevention and control as a means of improving the criminal justice system. Although no one initiative can solve all the complex matters surrounding the occurrence of crime, as long as the constitutional rights of all American citizens are protected, we can hope that just and productive action is being taken. On the other hand, such programs aimed at curbing crime raises the question as to whether law enforcement may feel pressured to make a certain amount of arrests to match the publicized amount of funding they have received.

Continue reading "$1.3 Million Grant Given to Union County to Prevent and Control Crime" »

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According to an abclocal.go.com article, a man received a sentence amounting to eight years in prison for driving while under the influence of alcohol and causing the death of a 31-year-old police officer. The 25-year-old man pleaded guilty to vehicular homicide in June for last summer’s accident that took place in Woodbridge. At the time of the collision, the officer and another law enforcement official were transporting a prisoner to the Middlesex County Correction Center.

The report mentioned that during his sentence hearing on September 17, 2009, the man said that every day he “thinks about his stupid decision to drink and drive and the lives he ruined.” He seemed remorseful as he cried and asked for forgiveness.

The wife of the deceased police officer said that she thought the man’s sentence was fair, stating, “I know someday I will be able to forgive him.”

As this case demonstrates, the penalties for drunk driving can be very severe, especially in incidents where another person is killed because of the accident. Although these cases are indeed tragic, not everyone charged with DWI or even vehicular manslaughter is guilty. If you find that you are facing charges of driving while intoxicated, your future may contain a lengthy prison sentence, hefty fines, and many other negative consequences. That is why it is absolutely imperative that you retain the services of an experienced New Jersey DWI defense attorney that will work to achieve the best possible outcome for your case.

Continue reading "Man Sentenced to 8 Years for Vehicular Manslaughter" »

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A 29-year-old Raritan Borough man has been arrested for possession of marijuana in New Jersey with intent to distribute and other offenses. According to an article, the arrest comes after a two-month narcotics investigation conducted by the Somerset County Prosecutor’s Office Organized Crime and Narcotics Task Force in coordination with the Raritan Borough Police Department. A search warrant was obtained in this investigation and led to the discovery of about one ounce of marijuana in the residence of the accused, which amounted to an estimated street value of $300. Drug paraphernalia was also discovered and seized.

The charges held against the man include a disorderly persons offense, third-degree possession of drug paraphernalia, and third-degree possession of marijuana with intent to distribute while within 1000 feet of school property. Since the accused was within the designated proximity to school property, according to New Jersey law pertaining to marijuana crimes, he could be charged with a felony and face an enhanced penalty.

Continue reading "Raritan Borough Marijuana Possession and Sale Arrest" »

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At 2 am on August 17, 2009, a 14-year-old boy died after being shot once in the back in what the boy’s mother is calling an act of retribution. According to a story, authorities are only saying that the violent crime was gang-related. The young teen was a member of the Bloods street gang despite his family’s efforts to dissuade him from joining the gang. Apparently, the teen had been in a fight prior to his murder, which occurred while he was standing with a group of friends on the side of the street.

The boy’s mother told news reporters, “This gang stuff has got to stop…these kids are getting younger and younger.”

Police are currently searching for two suspects in New Jersey for this murder.

As one of New Jersey’s six largest urban centers with a population close to 2 million, Newark is a “Major Urban” city that saw an increase from 154 murders in 1998 to 222 murders in 2007, according to a 2007 New Jersey Uniform Crime Report. The penalties for committing a violent crime in New Jersey are severe and can affect a person’s life indefinitely. Based on the magnitude and nature of the violent crime, an individual could face life in prison without the possibility of parole if convicted of murder.

Continue reading "Newark Gang-Related Shooting Kills 14-Year-Old" »

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Many residents believe that you have to be arrested for driving under the influence to have your driver’s license suspended in New Jersey, but this is not so. It is true that a DWI conviction will most likely result in driver’s license suspension among other consequences; however, a person’s driving privileges can be taken away for a variety of other reasons in New Jersey.

Aside from driving under the influence, if you have accumulated 12 or more points on your driver’s license from violating motor vehicle or traffic regulations, then your license may be suspended. Not only do these violations cost you money for the fines they impose, but the duration of your suspension highly depends on the amount of time between offenses and the exact number of points that you have. If you are determined to be a habitual offender, you could lose your driving privileges for up to three years. Do you think that parking violations can be ignored? Think again. A municipal court or the DMV can suspend your license for failure to pay any parking fine or failure to appear at a related hearing’s scheduled court date.

Economic circumstances commonly cause driver’s license suspension for failure to pay child support or insurance surcharges. If a suspension granted for failure to pay child support will impose drastic problems on a parent, employees, or other dependents, then a twelve-month payment plan may be made available.

Continue reading "Learning More About Driver's License Suspension in New Jersey" »

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Just when you thought the local community pool was safe, an incident of sexual assault has occurred, one which will undoubtedly offset the ease of parents. A 15-year-old has to be charged with sexually assaulting an 8-year-old boy. The teen allegedly sexually assaulted the young boy in a men’s bathroom at the Roy K. Harkness Community Pool in Middlesex Borough. The name of the New Jersey boy accused of sexual assault has not been released because of his age. According to a report, he was taken into custody August 11, 2009 and charged as a juvenile for both endangering the welfare of a child and aggravated sexual assault.

Incidents such as this raise many questions regarding child abuse and the reasons why this young 15-year-old would have committed such a crime. According to the Rape, Abuse & Incest National Network, one in six women and one in thirty-three men will be sexually assaulted in their lifetime. Sexual assault accusations are very serious, requiring extensive investigations to ensure that proper evidence is collected and examined. The consequences surrounding a child sexual assault conviction can influence a person’s life in negative ways indefinitely, whether due to social stigma, significant jail time, sex crime registration, large fines, or loss of employment.

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Due to pending DWI charges in Wayne and Riverdale, the attorney of a 40-year-old man with at least 12 drunken driving convictions and 78 suspended license violations has presented the request to have the two cases transferred to Morris County to be resolved at the same time as a June 30th offense that injured two people. The Morris County Assistant Prosecutor’s office is reviewing the request and a new court date has been set for August 28.

The Bergen County man in this case pleaded guilty to driving drunk in the June 30th head-on collision in which he is reported to have had a blood-alcohol level of .2888, more than three times higher than the legal limit of .08.

According to an article, the prosecutor’s office will seek the maximum penalty for the guilty plea amounting to two and one-half years, including 18 months in state prison for assault by auto, 90 days as an enhanced penalty for driving while suspended, 180 days for drunken driving, and 180 days for driving with a suspended license. Considering the man’s Riverdale and Wayne DWI charges, if he decides to plead guilty, he could be given an extra year in prison or 6 months on each of the violations.

Continue reading "New Jersey Drunk Driving Sentence Delayed for Man with 12 DWI Convictions" »

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Law enforcement and government officials are considering implementing a mandatory curfew for people of all ages in Paterson, New Jersey, due to an influx in homicides and gun-related crimes seen so far this year. According to a newjerseynewsroom.com report, Paterson, as largely populated city in New Jersey, has experienced 30 shootings already this year, including 6 New Jersey homicides. If the measure gets approved after the City Council reviews it on September 1, the curfew would last for two months and dissuade individuals from loitering outside from midnight to 7a.m. Those who violate the curfew could be penalized with a $2,000 fine and a 90-day jail sentence.

Mayor Jose Torres stated, “We’re trying to think outside the box…this was triggered predominantly by fear among city residents over the shootings that have been occurring this summer.”

If the curfew measure passes, it would be the nation’s first citywide, non-emergency curfew to include adults.

Continue reading "New Jersey May Enforce Adult Curfew in Effort to Lower Crime" »

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Although since 2001 New Jersey has witnessed more than 130 public officials plead guilty or be convicted of corruption, the recent June 23, 2009 report of 44 individuals being arrested as part of a money laundering ring is quite shocking. Not only has a New Jersey governor’s cabinet member resigned, but three mayors, two state legislators, and several rabbis were taken into custody. The very detailed investigation will continue as the vast corruption of trafficking goods ranging from human organs to false designer handbags reveals itself.

Head of the FBI’s “white-collar and public corruption investigation” division stated, “New Jersey’s corruption problem is one of the worst, if not the worst, in the nation…corruption is a cancer that is destroying the core values of this state.”

Within the many arrests made, some of the charges brought against New Jersey officials included posing as a developer and gaining permits and approvals through accepting significantly large sums, conspiracy to commit extortion in illegal campaign contributions, and accepting cash bribes. The charged group as a whole is alleged to have laundered up to as much as tens of millions of dollars through charities managed by rabbis in New Jersey and New York.

Money laundering in New Jersey is a serious type of white-collar crime that can greatly jeopardize an accused person’s reputation, much as it will undoubtedly affect the public officials facing these charges, most facing lengthy jail time and heavy fines. Earning back the public’s trust, even if you were only accused yet not convicted of corruption, is something that can take decades to take place, if it even happens at all.

Continue reading "New Jersey Money Laundering Ring, 44 Arrests Made" »

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The Governors Highway Safety Administration announced in a report on August 19, 2009 that multiple states will be participating in the national “Drunk Driving. Over the Limit. Under Arrest.” program. The program aims to better regulate drunk driving during the Labor Day holiday period, discouraging vacationers from driving under the influence and posing serious risk to all other motorists on the road. Law enforcement will begin their concentrated effort on August 21 and end on September 7 to help combat what is often referred to as our nation’s most fatal crime, with 11,000 alcohol-impaired deaths having occurred in 2008.

Given that August and September are considered the most deadly periods on the road by the Insurance Institute for Highway Safety, saturation patrols, sobriety checkpoints, a $13 million national media campaign, and state-funded advertising will all contribute to the drunk driving crackdown.

One of the main focuses of the campaign’s awareness will be on female drivers, who have become a growing group of drivers arrested for driving under the influence of alcohol or drugs. New Jersey is among one of many states that has noticed this trend. In examining 56% of the country, the amount of women arrested for DUI was 28.8 percent higher in 2007 than in 1998, while the number of men arrested actually experienced a 7.5% decrease.

Continue reading "National Program to Fight Against Drunk Driving" »

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Rapper and activist Wise Intelligent says he was falsely arrested for a drug crime in New Jersey right in front of his home after they thought they saw him in the act of selling drugs, this report states. Wise, who is apparently a founding member of the group, Poor Righteous Teachers, blogged about the experience on his MySpace page.

According to Wise's account, he was driving home when he came across a friend who was jogging near his home. The pair spoke, exchanged handshakes and Wise went on his way. As he pulled in front of his house, he heard police sirens behind him and was surrounded by officers. He was asked several questions, asked to leave the vehicle and was padded down. Police searched him and his vehicle. The rapper apparently had no warrants, prior arrests or even traffic and parking violations. At the end of it all, Wise Intelligent was charged with obstructing an investigation, which carries a fine of $1,000 and up to six months in jail. He has pleaded not guilty to the charge.

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An assistant prosecutor for a New Jersey county has been accused of drunk driving near his home in Bethlehem. According to a report, the arrest occurred when firefighters were tying to put out a burning vehicle and the man changed lanes to pass a tow truck running over a fire hose. The assistant prosecutor reportedly failed three field sobriety tests. Officials say his preliminary blood alcohol level was 0.08 percent. The prosecutor is continuing on the job. His office, meanwhile, has opened an internal investigation.

It is illegal in the state of New Jersey as well as in most other states to drive with a blood alcohol content of 0.08 percent or greater. The consequences for a DUI in New Jersey are rather severe. Not only can you face jail time, but you may also lose your driver's license, which in turn could jeopardize your job and your career. If there was any aspect of your case that can be legally challenged, then you have the right to avoid these harsh penalties.

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According to recent reports from the New Jersey Crime Examiner, law enforcement officials in the state’s Bergen County recently rounded up over a dozen suspected gang members in an effort to curb New Jersey gang crime in the densely populated community.

Located in the northeast corner of the state, Bergen County has the highest population in the state. Police there report activity by several different street gangs, and the Examiner shows police rounded up several members of a “Rollin’ 20s” gang after a successful sting operation where undercover detectives bought guns and illegal substances from the individuals.

Police officials have identified the “Rollin’ 20s” as part of the larger national gang called “Bloods,” a notorious super-cartel that often battles a national rival gang known as “Crips.” Police in Bergen County also identified a gang called “Sex Money Murder” as part of the Bloods network.

New Jersey residents are often glad to see these sweeps occurring because gang members and those selling illegal drugs are removed from the streets. However, law enforcement can sometimes have a hard time figuring out how to arrest and charge the appropriate individuals, especially in charges related to being “part of a gang” or other criminal network.

Some young NJ residents may find themselves the target of onerous police charges where the zeal of law enforcement is misplaced in the hunt for New Jersey’s hardened gang members. In these cases, it takes help from skilled legal professionals to represent those who may be innocent, or only guilty by association, just by being in the wrong place at the wrong time.

Continue reading "Bergen County Police Round Up “Bloods”" »

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A 41-year-old New Jersey martial arts teacher pleaded guilty to having sex with two of his underage female students, according to a report. The teacher was also a New York City police officer who was suspended from the department following his arrest. The man pleaded guilty to three counts of transporting minors across state lines for the purpose of having sex with them, which is a felony under the federal Mann Act. The man met the victims through his martial arts studios in West Milford, New Jersey and Middletown, the report said.

The man faces a mandatory minimum sentence of five years in prison for one count of the New Jersey sex crimes covered by his plea and 10 years for each of the other two counts. The five-year sentence involves a case from 2003 when the man reportedly drove a 14-year-old girl from Brooklyn to Middletown via New Jersey. By 2006, when the man reportedly had sex with two other minors, Congress had increased the penalties for the federal Mann Act violations, which is why he faces 10-year mandatory minimums for the 2006 crimes.

Continue reading "Karate Instructor, Former Cop Pleads Guilty to Sexually Assaulting Students" »

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A national coalition of government partners researching the effects of DNA testing on crime solving has demonstrated the power of this scientific method with a series of case studies on criminal activity in New Jersey.

Partners in the DNA Initiative include the National Institute of Justice, the Office on Violence against Women, the Office on Community Oriented Policing Services and the Federal Bureau of Investigation.

What this project is finding is that DNA evidence could go a long way toward helping to shed light on some of the worst offenders that currently escape police dragnets.

As part of its outreach website, the DNA Initiative has identified a set of “preventable rapes” in cases in the Essex County and Trenton communities and in other parts of the state.

In one observation, the case study shows how a criminal who committed three rapes in New Jersey within Essex County could have been identified and apprehended after the first offense through DNA testing for previous legal violations.

What the New Jersey Case Studies show is that DNA evidence could be highly effective in crime solving. However, some of the newest methods are not always employed in law enforcement due to budget constrictions or other factors.

Continue reading "National DNA Initiative Shines Light on New Jersey Crime Prevention" »

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Stand-up comedian Artie Lange has pleaded not guilty in court to one charge of New Jersey DUI, according to this UPI news report. Lange, who gained celebrity with "The Howard Stern Show" and "MADtv" was arrested after he was involved in a rear-end car accident. Police officials say in the news report that there was no indication Lange was under the influence of illicit drugs at the time of the incident. Lange has denied that he was drunk or under the influence of drugs at the time. He says he had only taken a prescribed antidepressant at the time. Lange reportedly sought treatment last year for an alleged long-term addiction to drugs.

This story is a little confusing because it is not clear why Lange was arrested in the first place if there was no indication that he was under the influence. What was the probable cause here? An individual's former addiction or history certainly should not play a role in an arrest. Any officer who arrests an individual on suspicion of DUI or DWI in New Jersey is required to take that particular incident into account and make an objective assessment of whether the individual became involved in an accident because of DUI or because they simply made a mistake.

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New Jersey Assemblywoman Pamela R. Lampitt has introduced legislation aimed at curtailing "sexting" that involves young girls and boys sending racy and often, nude pictures of themselves online including sending explicit photos over their phone. According to this Associated Press report, the actions of these teens technically amount to distribution of child pornography, a New Jersey sex crime charge that could carry severe, lifelong penalties for these young people.

Under Lampitt's proposal, juveniles caught sending sexually explicit photographs via their cell phones will not face criminal prosecution. Instead, it would create an educational program in which participants would learn about the potential state and federal legal consequences and penalties for sexting. The program will also teach teens about the personal consequences including the effects of sexting on relationships, school-life and ruined future career and educational opportunities. Under the proposed legislation, it would be up to prosecutors to determine who can or cannot be admitted into this educational program. Juveniles who successfully complete this program will avoid trial or criminal record.

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Posted In: Criminal Defense , Juvenile Crimes , Legal Information , Sex Crimes

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Special New Jersey police patrols were out in force over this Independence Day weekend to make sure that all of the pyrotechnics set off by state residents were within the regulations of New Jersey state fireworks laws.

According to a press release from the New Jersey State Police website, patrols have been putting more effort into confiscating illegal fireworks over the 4th of July holiday. Big items like M80s and Roman Candles are in the state’s sights, but officers can even take away sparklers if they feel they are posing a threat to the public. Simple possession, say police officials, constitutes a “disorderly persons offense” with bigger charges for illegal sale carrying a possible maximum penalty of 18 months imprisonment and fines up to $10,000.

State police claim they net about six to eight tons of illegal explosives each year. That adds up to a lot of gunpowder that police officials say could send New Jersey residents to the emergency rooms and hospitals that already tend to be overcrowded on holidays.

Contrary to what some patriotic NJ residents might have thought, the State PD is not just out to spoil everyone’s fun. One Colonel from a New Jersey barracks talking about the diverse goals of extra holiday patrols iterated the goal of the state department as a “fatality free holiday”. The New Jersey state police were also on the hunt for drunk drivers and those operating boats and other water vehicles under the influence of alcohol.

Continue reading "NJ State Police Bag Fireworks, Step up Holiday Patrols" »

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New Jersey sex crimes carry extremely serious consequences. If you are convicted of a New Jersey sex crime, you not only face the possibility of a lengthy incarceration, but also the stigma attached to a convicted sex offender and the requirement to register for life as a sex offender on a state and national sex offender database. Repeat sex offenders risk facing increased prison time and stiffer penalties.

ABC News reports in an article that a convicted sex offender in New Jersey was recently arrested and charged with molesting a boy. The arrested individual was a convicted, registered sex offender and he is now accused of sexually assaulting a 4-year-old boy when he was forbidden from having unsupervised contact with anyone under the age of 18. He was charged this time with two counts of sexual assault and endangering the welfare of the child.

False allegations are an unfortunate reality when it comes to child sexual abuse accusations. Healthcare workers, school teachers, babysitters and even parents can find themselves facing charges of child sexual abuse. In many cases, actions can be misinterpreted and assumptions may be made that aren't true.

Continue reading "New Jersey Sexual Assault Charges Against Man" »

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New Jersey DWI charges can have serious consequences on our lives. New Jersey DWI defense attorneys know and understand the penalties and expenses that DWI charges bring. When driving under the influence involves accidents, injuries or death, the charges can be even more severe.

For example, a 22-year-old New City man is facing second-degree New Jersey assault charges because after officials say he drove by a stop sign in a school zone and failed to yield, he crashed into the driver's side of a sedan. According to this news report, the driver of that car was taken to the hospital in critical condition. Officers at the scene determined that the driver was drunk and drew a blood sample to determine his blood alcohol content.

New Jersey law (N.J. S.A. 2C:12-1) states: "A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another."

Continue reading "New Jersey DWI and Assault Charges" »

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Posted In: Assault , Criminal Defense , DUI DWI Drunk Driving

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Juveniles around the country are now facing the risk of acquiring sex offender status for posting naked pictures of themselves on MySpace. This may sound hard to believe, but it happened to a 14-year-old New Jersey girl earlier this year when she was accused of child pornography for posting 30 explicit nude pictures of herself on MySpace.com, according to this news report. If convicted, this young girl could be forced to register as a sex offender in New Jersey.

This is apparently not an isolated incident. Prosecutors nationwide are pursuing child pornography cases resulting from teenagers sending nude photos to one another over cell phones and e-mail, a phenomenon which is now known as "sexting." The New Jersey girl reportedly posted the explicit photos of herself because she wanted her boyfriend to see them. The 14-year-old girl was arrested and charged with possession of child pornography and distribution of child pornography. The consequences she faces if convicted are up to 17 years in jail and sex offender registration.

Obviously this teen and others like her need counseling and help, not jail time. This type of an offense should not fall under Megan's Law that requires the teen to register as a sex offender.

Continue reading "New Jersey Teen Faces Child Pornography Charges" »

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New Jersey State Senate President Richard J. Codey has proposed imposing stiffer penalties on repeat drunk driving offenders. According to this news report in the Daily Record, Codey filed a package of bills in the Legislature recently including one bill that would make it a fourth-degree crime to drive under the influence while already suspended for a DUI conviction. These bills basically call for stiffer penalties for repeat New Jersey DUI offenders who have a blood alcohol content of 0.20 or higher. In New Jersey, it is an offense for adults 21 or over to drive a motor vehicle under the influence of alcohol and with a blood alcohol content (BAC) of 0.08 percent or higher.

The other aspect of Codey's proposal is that it would lead to jury trials only for those charged with DUI while already suspended for DUI. Convicted offenders would face between six months and a year in jail and face fines of up to $10,000, according to Codey's proposal. Another bill calls for mandatory jail time of at least 180 days for those convicted with a BAC of 0.20 if they had been convicted of another DUI in the past five years.

This is only a sampling of the proposed new NJ DUI laws. If these bills pass, DUI offenders in New Jersey are looking at an increased prospect of lengthy jail time and brutal fines with less of an opportunity for the case to go to a jury trial. So if you are innocent and have been charged with drunk driving, there is less of a chance that you could be acquitted by a jury because your case simply may not be going to trial.

Continue reading "Stiffer Penalties for New Jersey Repeat DUI Offenders Proposed" »

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A 33-year-old New Jersey man, who was already wanted on a driving while intoxicated charge (DWI), was arrested for another drunk driving charge, this time charged with aggravated driving while intoxicated with a blood alcohol level above 0.18 percent and third-degree aggravated unlicensed operation, according to this news report. Both these charges are misdemeanors. The man was also charged with traffic infractions and unsafe driving. A sheriff's officer apparently saw the suspected drunk driver driving erratically down the street when he made the traffic stop.

The consequences of a New Jersey DWI charge usually involves possible jail time, a heavy fine and driver license suspension. In New Jersey, fines for drunk driving on a first offense can range from $250 and $1,000. For a first time offense, the license will usually be suspended for seven to twelve months. For a second offense, your license can be suspended for two years, and for a third offense it can be 10 years. These consequences can have a significant impact on your life including social stigma, financial problems and loss of your job.

Continue reading "Man with Pending DWI Charge Arrested Again for Driving While Intoxicated" »

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A recent WABC-TV New York article reports that a New Jersey school bus driver has been accused of sexually assaulting a 12-year-old girl. Law enforcement officials from Morris County, New Jersey claim that Edward M. Comperchio, 74, of Hopatcong, was arrested at his home on Wednesday, May 27, 2009. According to a statement issued by Morris County Prosecutor Robert Bianchi, Comperchio allegedly parked his school bus before making his scheduled rounds and assaulted the 12-year-old on the bus. Byram Bus Lines confirmed that Comperchio is an employee of the company but law enforcement authorities declined to name the school that the 12-year-old alleged New Jersey sex crime victim attends.

Comperchio is currently being held at the Morris County Correctional Facility on $100,000 bail. A spokesman for Byram Bus Lines, Alan Mackerly Jr, said that the alleged sexual assault charges came as a shock to the company’s personnel. He said, "This is something that hit us out of the blue. My understanding is that this is under criminal investigation and we are cooperating with the authorities and the school board."

Sex crimes in New Jersey are covered by Chapter 2C of the Criminal Code. According to New Jersey law: An actor is guilty of sexual assault if he or she commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

The New Jersey Criminal Code defines sexual assault as a second degree crime which can result in the following criminal penalties:

• Steep fines


• Imprisonment in a New Jersey State Prison of up to 7 years


• Probation


• Parole


• Mandatory registration as a sex offender


• Publication of the offender’s name on the Internet as a registered sex offender


• Restrictions on where they can live


• And other criminal penalties

Continue reading "New Jersey Bus Driver Accused of Sexually Assaulting Girl" »

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A New Jersey Appellate Division panel of Judges ruled on July 1, 2009 that in New Jersey there is no requirement that the standard DWI statement be translated into Spanish or any other foreign language for the benefit of defendants. However, the Court’s ruling contained a recommendation that New Jersey’s Motor Vehicle Commission consider, prospectively, having the standard New Jersey DWI statement “translated into Spanish and perhaps other prevalent foreign languages.” In the case of State of New Jersey v. German Marquez, the defendant rear ended another vehicle in Plainfield, New Jersey on the night of September 27, 2007. The defendant, who speaks Spanish and neither speaks, reads, nor understands English, was taken into custody following the incident. The arresting officer read in English to the defendant the standard, eleven paragraph statement, regarding the mandatory nature of the breath test and the penalties for refusing the breath test. Following the reading of the statement, the defendant replied in Spanish, “No entiendo,” which means, “I do not understand.” The defendant refused the breath test and was charged with N.J.S.A. 39:50.2 refusal to submit to a breath test.

The Trial Judge found the defendant guilty. During the trial for the alleged DWI offense in New Jersey, the prosecution acknowledged the undisputed language barrier, but maintained the State has no duty to translate. In his ruling, the Judge found the language barrier to be “immaterial.” The Appellate Division panel of Judges affirmed the lower courts guilty finding by opining that, “In procuring his New Jersey driver’s license and in operating his automobile on our public roadways, defendant provided his advance consent to submit to a breath test.” The Court also made the point that the New Jersey license exam can be taken in Spanish and that the Motor Vehicle Commission manual is available in Spanish. Also, the manual contains a section devoted to drunk driving laws and the refusal to submit to a breath test law.

Continue reading "New Jersey DWI – Translation Requirement" »

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This recent report in NJ.com claims that twenty percent of New Jersey’s total prison population, around 5,596 state prison inmates, consists of inmates serving a mandatory minimum sentence for a drug offense in New Jersey of some kind. While other states have relaxed sentencing for drug crimes to save money on incarceration and alleviate some of the overcrowding in prisons across the country from imprisoning minor drug offenders, New Jersey lawmakers have resisted similar legislation. Critics of mandatory drug sentencing claim that decades of inflexible drug sentencing laws have proven to be ineffective at deterring drug use and drug crimes, lead to dangerously overcrowded prison conditions, cost taxpayers a steadily increasing amount of money each year and unfairly target minorities.

In recent years, many states across the country have eliminated mandatory minimum drug sentencing for some types of drug crimes, but similar measures in New Jersey, which would save taxpayers millions of dollars annually on incarceration costs, have been held up for the past year. In April, the State of New York, one of the earliest adopters of mandatory minimums for drug sentencing known as the “Rockefeller laws,” repealed some of the stricter sentencing guidelines of that legislation.

New Jersey Governor Jon Corzine, the Attorney General, New Jersey prison officials and prosecutors have backed a measure that would reduce drug-free school zones to 200 feet. But Bruce Stout, a former member of a New Jersey State Commission to Review Criminal Sentencing said that the measure “hit the wall at 90 miles an hour and imploded.” Under the current law, anyone convicted of drug possession within 1,000 feet of a school must receive a mandatory minimum of three years in state prison; one year imprisonment for possession of no more than an ounce of marijuana. According to the commission, 96 percent of all people imprisoned for violations in drug-free school zones are either African-American or Latino.

Continue reading "While Other States Relax Drug Sentencing, New Jersey Remains Strict" »

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This recent article in the Pottstown Mercury claims that a man accused of murdering a casino worker appeared in New Jersey Superior Court to face charges in connection with the murder. The New Jersey murder charges allege that Mark E. Magee, 55, of Norristown, fatally shot 55-year-old Raymond Kot three times while Kot was working in card and dice room at the Taj Mahal Casino. Kot was working as a casino shift manager in a room off the main casino floor around 3:50 p.m. on May 27, 2009 when Magee allegedly fired at Kot, hitting him in the torso three times. According to the New Jersey Attorney General’s office, Magee then left the casino building. He was apprehended around 100 feet from the casino’s entrance by Atlantic City Police Detectives Jaimee Moore and Kevin Fair shortly after the shooting occurred and the detectives observed Magee dropping a .38-caliber revolver on the ground.

After the shooting, Kot was taken to Atlantic City Medical Center and pronounced dead from his wounds at 5:24 p.m. Magee was then charged with Kot’s murder and undisclosed weapons offenses. Magee appeared two days later before New Jersey Superior Court Judge Albert J. Garofolo who set Magee’s bail at $1,122,500 with $1 million bail for the murder charges and the remainder for the weapons charges. Magee faces first-degree murder charges in New Jersey as well as unlawful possession of a firearm, possession of a handgun without a permit, and possession of hollow point bullets, which are prohibited by NJ law.

The murder investigation is currently underway and being conducted by a number of law enforcement agencies including members of the State Police’s Casino Gaming Bureau, State Police Crime Scene South Unit and State Police Major Crime Unit.

Continue reading "New Jersey Murder Charges Filed in Casino Killing" »

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An Orange, New Jersey man is being charged with robbing the TD Banknorth branch on South Street in Middleton. According to this news report, police suspect that the 37-year-old Eddie Young may be responsible for an earlier robbery at the same bank. Young was apparently identified by a downtown bike officer and pursued into a gym on North Street. A number of officers reportedly pursued Young, who reportedly yelled at officers telling them he had a gun and would shoot them.

Police arrested Young in the basement of the gym. He did not possess a gun or any other weapon. Young was charged with robbery in the first degree and grand larceny in the third degree – both felonies. He also faces misdemeanor charges of resisting arrest, criminal trespass and injuring a police animal (for striking a police dog). He may face more charges.

Robbery in the first degree is a serious crime in New Jersey. Robbery is considered a violent crime because of the use of physical threat or possible use of a weapon or firearm. A robbery conviction could result in lengthy prison time. If the same person is accused of robbing different locations or the same location more than once, then he or she faces an increased number of counts. The punishment will be harsher and can include lengthier prison time or heftier fines.

If you have been accused of a robbery in New Jersey, you would be well-advised to contact skilled New Jersey criminal defense attorneys who will be able to analyze the facts of the case and build a solid defense strategy for you. Call Lependorf & Silverstein today for a free and comprehensive consultation.

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Police arrested two men for New Jersey marijuana cultivation and operating a marijuana growing facility in Columbia. According to a Pocono Record article, authorities seized 124 marijuana plants and five pounds of processed marijuana, all with a street value of about $258,000.

The incident began when police served an arrest warrant for 25-year-old Mark Hines. While there, officers saw a pot plant and got a search warrant for the whole house. During their search, officers found two indoor marijuana growing rooms, three guns, $3,685 in cash and drug paraphernalia. Keith Hines, 28, the owner of the house, was arrested in his place of work. Both the men were charged with maintaining or operating a controlled dangerous substance production facility, manufacturing drugs and other drug charges.

New Jersey drug charges can have a significant impact on your life. Convictions for drug crimes could result in jail time, hefty fines and attorney fees. Charges for selling, growing or manufacturing drugs for sale or distribution can carry harsher punishments including a lengthy jail time. A drug conviction for selling a controlled substance can affect your personal life, job and your future.

It is critical that you have a knowledgeable and experienced New Jersey marijuana defense attorney on your side who will fight for your rights and make sure that the charges against you are dismissed or at least reduced. If you are a first time offender and have been charged with possession of marijuana, you may receive milder punishment such as payment of a fine and participation in drug rehabilitation. Call the skilled New Jersey criminal defense attorneys at Lependorf & Silverstein to find out more about how we can build a strong defense strategy in your New Jersey drug crimes case.

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A New Jersey man has been arrested on aggravated assault and DUI charges after he reportedly hit a woman in the face during an argument in Phoenixville, the Phoenixville News reports in an article. Kyle Logan Deturk, 29, of Crambury, New Jersey, is being charged with aggravated assault, recklessly endangering another person, disorderly conduct, driving under the influence of alcohol or controlled substance, higher rate of alcohol (.10 to .16), simple assault and harassment. Officers did not conduct a field sobriety test because of the weather. Deturk reportedly submitted to a blood test.

DUI in New Jersey is a serious offense. As in all states, it is illegal to operate a motor vehicle under the influence of alcohol or controlled substances or with a blood alcohol level of 0.08 percent or more. In New Jersey, assault charges include simple assault, aggravated assault and assault by vehicle or other vessel. Simple assault charges may involve a defendant who knowingly caused bodily harm or put a victim in fear of imminent bodily harm. New Jersey aggravated assault charges involve causing serious bodily injury or attempting to use a deadly weapon to cause bodily harm. Harassment may be charged if the defendant is kicking, shoving, threatening or making repeated attempts to aggravate or annoy the victim.

If you have been charged with drunk driving, assault or harassment in New Jersey, please contact the experienced New Jersey criminal defense lawyers at Lependorf & Silverstein to find out more information about your legal rights and options. We will independently investigate your case and strive to obtain the best possible result in your case. Please contact Lependorf & Silverstein for a free consultation.

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A New Jersey grandfather is being held without bail on child pornography charges, according to this CBS news report. Officials say 66-year-old Thomas Elgert spent months preying on children, collecting naked pictures of them and trading them with sex offenders on the Internet. Elgert has been arrested on suspicion of attempted sexual exploitation of children – specifically production – and distribution of child pornography.

Undercover federal agents apparently apprehended Elgert by posing online as child molesters. In charging documents, agents accuse Elgert of asking an undercover detective to send him pictures of the detective having sex with his two young children and the family pet. Investigators believe Elgert may have molested children as well and are asking anyone who may have had close contact with him to come forward.

Sex crimes in New Jersey, especially those involving children, can have extremely serious consequences. Possession of child pornography can be charged as a state or a federal crime. In this case, it has been charged as a federal crime because it involved an FBI investigation. If you have been charged with possession of child pornography or any other sex crime charge, you would be well-advised to get an experienced and skilled criminal defense attorney on your side as soon as possible.

In any sex crime case, it is important that the defense begin a thorough and independent investigation right away. A sex crime charge, even if it doesn't end in a conviction, can mar your reputation and destroy your personal life and standing in the community. The stakes are extremely high. Punishment can involve jail or prison time, steep fines and requirement to register as a sex offender. If you have been arrested on suspicion of a sex crime in New Jersey, please contact the skilled New Jersey sex crime defense attorneys at Lependorf & Silverstein for a free case evaluation.

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Police have arrested three people in connection with a BB gun assault in Gloucester Township. According to a news report in Gloucester County Times, an unidentified victim was hit by pellets while jogging in Veterans Park. The gun was fired from a passing vehicle, police said. Authorities arrested 18-year-old Corey Turner and two 17-year-olds who were processed on juvenile complaints and released to their parents. All three were charged with NJ aggravated assault and possession of a weapon for an unlawful purpose. The arrests were made after authorities received several tips from the community.

Juvenile crimes in New Jersey require special defense expertise and extensive knowledge of juvenile laws. Juvenile criminal cases can vary from case to case, which is why it is critical for each incident to be assessed by a skilled criminal defense attorney within a timely manner so that all legal actions can progress quickly and efficiently. Being convicted of a juvenile crime is a serious issue. If convicted of a crime, your child's opportunity to get a driver's license, proper employment or even to get into college may be hindered.

If your child is being accused of a crime, please call the skilled New Jersey juvenile crimes defense attorneys at Lependorf & Silverstein for a free consultation and case evaluation. We will remain on your side, fight for your rights and strive to get you the best possible result in your case. Call us today to find out how we can help build a solid defense for your case.

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The Attorney General’s Office issued its annual Uniform Crime Report recently which claims that overall, crime was up 5 percent in the first six months of 2008 over the same period of time the previous year. According to an article from nj.com, the report indicated that from January through June 2008, murder in New Jersey was up 9 percent, rape increased 15 percent, and burglaries and thefts increased 7 percent. While those crimes were up over the previous year, other types of crimes declined with robberies falling by 6 percent, aggravated assaults down 3 percent, and arson and domestic violence down as well.

The report also indicated that overall, crime rose in 14 of New Jersey’s 21 counties with the highest amount of crimes reported in Essex and Camden Counties. The sharpest increase in murders occurred in Camden County with 35 murders in 2008 compared to 16 over the same period of time the previous year. Camden City averaged approximately 5 murders each month for the first six months of 2008, but officials say that number dropped during the second half of last year. The information for the report is collated from information provided by law enforcement officials at the state, county and local levels and the full report for 2008 is expected late this summer or early this fall.

If you or someone you care for has been charged with one of the crimes listed above or another type of crime, it is very important to retain the services of a skilled New Jersey criminal defense attorney. For many years, the experienced criminal defense lawyers at New Jersey criminal defense law firm Lependorf & Silverstein have been defending the rights of clients and working hard to have their charges dismissed or reduced to lesser charges. To schedule a free consultation with one of their New Jersey criminal defense attorneys, call them today at 609-240-0040.

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Two New Jersey men have pleaded guilty to stealing $1.2 million in medical equipment from a hospital in New York City. A recent article claims that Joseph Stamm, 24, of Jersey City and David Schwartz, 44, of Livingston stole medical equipment from New York Presbyterian Hospital and then sold the equipment on the Internet. Federal prosecutors investigating the case claim that Stamm was employed by the hospital as an equipment specialist and used his position to steal the equipment with Schwartz.

The two men admitted to netting over $300,000 between October 2006 and August 2008 through online sales of the stolen medical equipment, and their sentencing has been scheduled for August 10, 2009. Under New Jersey law, each of the men could be sentenced to a maximum of five years in prison and face steep fines. But because the crimes involved New York and other states, they could receive much harsher sentences under federal sentencing guidelines.

Even though these men entered a guilty plea, the law says that people accused of theft in New Jersey are innocent until proven guilty. In addition to the criminal penalties listed above, these men also face probation, many hours of community service, the inability to obtain some types of employment, and many others.

If you or someone you care for has been charged with theft, possession of stolen property, fencing stolen goods, or other theft-related crimes, the experienced New Jersey criminal defense lawyers at Lependorf & Silverstein may be able to help. Everyone in this country is entitled to competent legal counsel and it only takes one phone call to New Jersey criminal defense law firm Lependorf & Silverstein to have their years of experience and knowledge of the law on your side. Don’t take a chance with your freedom. Schedule a free consultation with experienced New Jersey criminal defense attorneys today by calling 609-240-0040.

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A Fair Haven financial adviser is facing charges for federal wire fraud in New Jersey for allegedly cheating his clients out of more than $7 million according to this report. Prosecutors investigating the case claim that Maxwell Smith promised his investors returns of up to 9 percent on investments in health care facilities. They claim that Smith deposited investors’ funds into his own bank account instead of investing them and used some of the funds to pay interest to his clients.

A New Jersey judge recently froze Smith’s assets after a lawsuit was filed by a Hanover man who claimed he had lost $9 million in the alleged investment scheme. Smith remains free after posting a $1 million bail, but faces up to 20 years in a New Jersey state prison if convicted on the wire fraud charges.

A wire fraud conviction can result in more than a lengthy prison sentence. Those convicted of wire fraud also face steep fines, probation, the loss of professional licenses, the inability to obtain certain types of jobs, and a permanent mark on their record. Frequently, people under investigation for wire fraud and other white collar crimes know that they are under investigation before any charges are formally filed. If you or someone you care for believes they are under investigation or about to be arrested for a white collar crime, it is very important to contact the skilled New Jersey white collar crime lawyers at criminal defense law firm Lependorf & Silverstein as soon as possible.

By being proactive, you enable their New Jersey white collar crime attorneys to launch an immediate investigation into the charges and begin building a vigorous defense against the charges. To schedule a free consultation with experienced New Jersey criminal defense attorneys, call criminal defense law firm Lependorf & Silverstein today at 609-240-0040.

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A New Jersey woman faces charges of driving under the influence of drugs, child endangerment and reckless driving after she ran a red light and weaved onto the wrong side of the road, according to this news report in The Intelligencer. Police say 24-year-old Laura A. Krimmel was high on heroin and other drugs while having her 4-year-old daughter in the vehicle at the time. A witness apparently told police that Krimmel's vehicle drifted twice into oncoming traffic lanes in Upper Moreland.

When an officer approached, he saw Krimmel at the wheel, blood covering her hand and gearshift, and an orange needle top on the seat between her legs, the news report said. Krimmel was also slurring and unable to stand. Officers also collected plastic packets containing heroin from Krimmel's vehicle. Officials also said Krimmel's blood tests showed she had morphine and muscle relaxants in her system. With these multiple DWI convictions, the child has been turned over to her grandparents, officials said.

New Jersey has several laws pertaining to the operation of a motor vehicle under the influence of drugs including prescription drugs, narcotics, controlled substances and over-the-counter medication. If you have taken any drug that you suspect has impaired your ability to drive safely, you should not drive. The consequences of driving under the influence of drugs can include jail, loss of driving privilege and hefty fines. If you have been charged with driving under the influence of drugs, please contact a skilled New Jersey DWI lawyer at Lependorf & Silverstein for a free consultation and case evaluation.

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A recent New Jersey Appellate Division case addressed the issue of whether a defendant should be allowed to apply for Pre-Trial Intervention (PTI), even if the application is unlikely to be granted due to the prosecutor’s opposition.

Defendant Robert Dwayne Green was indicted on three related third-degree CDS offenses, based on his alleged drug sale in New Jersey of $150.00 worth of cocaine to an undercover detective. Defendant attempted to apply to the Monmouth County Vicinage Criminal Division for admission to PTI. Subsequently he received a notice from the Criminal Division manager stating that he would not be permitted to apply for PTI because his case had “been pre-screened by the Monmouth County Criminal Division” and that without the prosecutor’s written consent, his application would not be reviewed.

The Appellate Division held that it was error for the Criminal Division manager to refuse defendant the opportunity to submit an application for pretrial intervention. Pursuant to Rule 3:28 and the accompanying PTI guidelines, a defendant must be allowed to apply for PTI, even if the application is not likely to be granted due to the prosecutor’s opposition.

It is clear from Rule 3:28 that the Criminal Division must at least allow a defendant to submit an application to PTI, and must evaluate the application. The PTI guidelines explicitly provide that all defendants must be permitted to apply, and the Criminal Division manager must consider the merits of the application. Although the prosecutor has enormous influence over a defendant’s admission to PTI, the Criminal Division manager cannot short-circuit a defendant’s statutory right to apply for PTI, even if the application is unlikely to receive a favorable recommendation.

If you have been charged with a drug crime in New Jersey, it is imperative that you contact an experienced New Jersey crimes attorney as soon as possible. PTI is a potentially excellent way to resolve your case, but you need an attorney who knows and understands the law and can do everything possible to ensure that you receive the best treatment possible. Call the skilled New Jersey criminal defense attorneys at Lependorf and Silverstein today for a free consultation.

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Posted In: Criminal Defense , Drug Offenses , Legal Information , Pre-Trial Intervention Program (PTI)

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A Hoboken, New Jersey, man has been accused of assaulting two police officers after they responded to a domestic abuse report at a borough apartment, the Bergen County Record reports in an article. Michael Colombo, 44, was confronted by two officers at the second-floor apartment after he allegedly struck a female tenant, leaving her with a swollen left eye. When officers tried to arrest him, Colombo reportedly kicked and punched both of them. He also struck one of the officers with a metal skillet, bit him in the arm and tried to take his gun as they struggled, the newspaper reported.

Colombo was eventually subdued after more officers arrived and came to assist. Colombo was charged with one count of resisting arrest, one count of possessing a weapon for an unlawful purpose, one count of aggravated assault on a police officer, one count of assault with a deadly weapon and one count of attempting to disarm a police officer. He was also charged with two counts of aggravated assault with a deadly weapon, one count of burglary and one count of simple assault in connection with the reported attack on the woman.

Assault and harassment charges in New Jersey have severe and costly consequences that could adversely affect your life and your career. In New Jersey, assault charges include simple assault, aggravated assault and assault by vehicle or other means. Simple assault charges in New Jersey may include knowingly causing bodily harm, negligently using a deadly weapon to cause bodily harm and putting another person in fear of imminent bodily harm.

If you have been charged with assault or aggravated assault, you need an experienced and skilled New Jersey criminal defense attorney, who will fight the charges and build a solid defense in your case. Please call a knowledgeable criminal defense lawyer at Lependorf & Silverstein today to schedule your free and confidential consultation.

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Drivers who are involved in New Jersey traffic fatality or serious injury crashes would be required to take a field sobriety test under a bill recently introduced in the New Jersey Legislature. According to this news report in the Insurance Journal, Assemblyman Paul Moriarty, who is co-sponsoring the bill, has said that this requirement would help law enforcement officials determine whether or not a driver should be charged with a crime in connection with the auto accident.

Right now, officials can only administer sobriety tests to drivers when there is evidence or a clear suspicion that the driver is under the influence of drugs or alcohol. Examples of such evidence may be erratic driving or the odor of alcohol from the vehicle or the driver's person. This measure came as a response to several incidents where drivers involved in fatal or major injury crashes were not tested for drug or alcohol use.

Victims' families believe that the sobriety tests will help hold drunk drivers who cause these serious accidents accountable for their actions. However, this legislation is cause for concern because drivers could be unfairly subject to such scrutiny. A drunk driving allegation in a fatal or major injury accident could have major consequences for a defendant. If convicted, the defendant would be looking at a lengthy prison sentence. Running sobriety tests – be it field sobriety tests or breathalyzer tests – on a driver without evidence of intoxication is simply not fair.

If you or a loved one has been accused of drunk driving, reckless driving or vehicular manslaughter, please contact an experienced New Jersey criminal defense lawyer at Lependorf & Silverstein for a free consultation. Our aggressive and skilled DUI defense lawyers in Princeton will help you get acquitted or get your charges reduced. Please call us today for your free case evaluation.

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A Secaucus accountant has been sentenced to five years in state prison after he pleaded guilty to luring young boys to various locations in Wayne and photographing them performing sexual acts, according to a story from the Bergen County Record. Michael Findlay, 38, of Paterson, New Jersey, was arrested on February 23, 2007 after an investigation by the Passaic County Prosecutor's Office, which began after one of the boys' parents tipped off officials.

Authorities conducted surveillance outside Findlay's workplace and observed him picking up two 13-year-old boys to whom he had offered $100 per meeting. The photographing sessions were apparently being held at a hotel in Wayne and at other locations, officials said. Findlay was charged with 15 counts of second-degree child endangerment, seven counts of luring or enticing a child, one count of attempted sexual assault, four counts of fourth-degree child endangerment and five counts of criminal sexual conduct. The charges involved five male victims, all younger than 16.

Sex crime charges in New Jersey are not only damaging and humiliating to an accused offender, but they also have the most serious consequences, especially if the alleged crimes involve children. A person facing sex crime charges could lose his or her job. Their reputation could be tainted even if they are not convicted.

If you are convicted of a sex crime, you face time in prison, a significant amount of money in fines and attorneys' fees and required registration as a sex offender for the rest of your life. Please do not let this happen to you. Get an aggressive and skilled New Jersey sex crime attorney on your side right away. Please call Lependorf & Silverstein today to discuss your case.

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Westerville police officials believe that the recent arrest of six men in a New Jersey hotel has broken a jewelry theft ring that operated on a national scale. According to this report, police used DNA evidence and fingerprints taken from the scene of a jewel heist to link the men to a string of recent robberies of jewelers in New Jersey, New York City and other locations across the country. The robbery leading to the arrests took place in the parking lot of a fast food restaurant in Westerville when a jeweler from Indiana was lost on his way to a jewelry show and stopped to ask directions to his hotel.

The jeweler waited in his SUV while his wife and daughter went into the restaurant to ask directions and get something to eat. While they were inside, the thieves broke several windows of the SUV, threatened the jeweler with a firearm and began taking suitcases filled with $1 million worth of jewelry out of the vehicle. As the robbers fled in a Chrysler 300M, the jeweler drew his handgun and began firing at the getaway vehicle, hitting it at least seven times. Police investigating the incident found the getaway car several blocks away and collected fingerprints and DNA evidence that led to the eventual arrest of six suspects in an area hotel. A variety of charges are pending against the six suspects and police say the investigation is underway.

Theft charges, especially those involving interstate travel, can result in steep fines and lengthy prison sentences. But regardless of the nature of the theft, everyone is entitled to competent legal counsel. If you or someone you care for is facing criminal charges, the skilled New Jersey criminal defense attorneys at Lependorf & Silverstein may be able to help.

In over fifteen years of defending clients, these experienced New Jersey criminal defense lawyers have helped countless defendants and have earned a reputation of tirelessly defending their clients. To schedule a free consultation with this well-respected New Jersey criminal defense law firm, call them today at 609.240.0040.

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A New Jersey man has been sentenced to more than four years in prison for an alcohol-related car accident that killed a 13-year-old girl. According to this news report, 23-year-old Joshua Nicholas Giarra of Robbinsville pleaded guilty to homicide by vehicle, DUI, recklessly endangering another person and other related charges. The July 26 accident occurred when Giarra, who was driving a Jeep Cherokee at a high rate of speed, ran a red light and crashed into a car killing Hannah Robb of Downington. He was also ordered to pay more than $70,000 to the girl's family in restitution for medical and funeral expenses.

Driving under the influence in New Jersey may be charged as a felony or a misdemeanor. When a DUI auto accident involves major injuries or death, it is usually charged as a felony, which is a more serious crime with serious consequences. In such cases, a defendant can almost be certain that he or she will get prison time if sentenced.

If you have been charged with a serious felony such as DUI, vehicular homicide or vehicular manslaughter in New Jersey, you will be well-advised to retain the services of a skilled New Jersey DUI defense attorney, who will fight aggressively to protect your rights and obtain the best possible result in your case.

Please call an experienced Princeton criminal defense lawyer at Lependorf & Silverstein for a free consultation and case evaluation. We will discuss your case with you and make sure your side of the story is heard and understood. We will strive to get your New Jersey DUI charges dismissed or get your charges reduced. Please call us today for a free consultation.

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A recent report from the Fort Mill Times claims that a New Jersey public works official has admitted accepting as much as $70,000 in bribes from contractors seeking favorable rulings on city contracts. Tommaso Calautti, 44, of New Milford pled guilty recently to accepting payoffs from three contractors from May 2003 to July 2008. He faces numerous charges for misusing his influence as New Milford’s project coordinator and engineer by committing white collar crimes in New Jersey.

Calautti’s attorney claims that his client is a good man who gave in to temptation. If convicted on all charges, Calautti could be sentenced to serve a maximum of 20 years in prison and pay up to $250,000 in fines. He was released on $100,000 bail while he awaits sentencing. Unless the defendant admits guilt, prosecuting New Jersey bribery cases can be difficult. Proving guilt is especially difficult if the defendant receives legal counsel from experienced New Jersey criminal defense attorneys who conduct a thorough investigation into the charges and work hard on their clients’ behalf.

For well over fifteen years, the New Jersey criminal defense lawyers at Lependorf & Silverstein have vigorously defended clients accused of bribery and other alleged acts of malfeasance, and that experience can be a key asset for anyone facing bribery charges. If you learn that you, a friend, or family member is under investigation for any criminal charges, it is essential to contact skilled Princeton criminal defense lawyers as quickly as possible. This allows them to launch an immediate investigation into the charges and start working on a defense right away. To schedule a free consultation with experienced New Jersey criminal defense lawyers who will work hard on their clients’ behalf, call Lependorf & Silverstein today at 609.240.0040.

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After an extensive investigation over a period of at least eight months, dozens of people—including two men from Ocean Township—are facing a wide range of criminal charges including drug trafficking and drug possession in New Jersey with intent to sell. The New Jersey men facing charges are Rufus Christopher, 39; and Raymond Jones, 32, both of Ocean Township. Law enforcement officials claim that they were part of a huge drug distribution network which the Monmouth County Prosecutor’s Office claims was responsible for selling at least 50,000 packets of heroin a week.

Christopher allegedly used his status as a notary public to knowingly notarize fraudulent financial forms at the behest of an Asbury Park man believed to be one of the leaders of the drug distribution network. He has been charged with third-degree issuing a false financial statement and fourth-degree deceptive business practices. Jones has been charged with third-degree conspiracy to possess a controlled dangerous substance and his bail has been set at $25,000.

Anyone convicted of drug charges in New Jersey faces lengthy prison sentences, steep fines, community service, drug counseling, the inability to perform certain types of employment, and many other stiff penalties. If you or someone you care for is facing drug charges of any kind or believes that they are under investigation for drug trafficking, it is a very good idea to contact an experienced New Jersey drug defense attorney as quickly as possible. Being proactive and calling a New Jersey drug crimes lawyer as soon as possible enables the lawyer to launch an immediate investigation into the charges.

For well over fifteen years, the skilled New Jersey drug crimes attorneys at the criminal defense law firm Lependorf & Silverstein have helped countless clients charged with heroin trafficking and other drug crimes in New Jersey. This experience can be very helpful for building an effective criminal defense and allowing the charges to be dropped or reduced to lesser charges. To schedule a free consultation with New Jersey drug crimes attorneys who will work hard on your behalf, call New Jersey criminal defense law firm Lependorf & Silverstein today at 609.240.0040.

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New Jersey’s Supreme Court reinstated child sexual assault convictions recently for a man who claimed that his confession should not have been presented in his trial. According to details in this news report, John Nyhammer's 2003 convictions on aggravated sexual assault in New Jersey and child endangerment charges had been overturned when an appeals court ruled that he had not voluntarily waived his rights against self-incrimination.

Investigating detectives say that they obtained a waiver of Miranda rights signed by Nyhammer while they were interviewing him. The detectives questioned Nyhammer about whether or not his uncle had sexually abused a younger relative and asked if Nyhammer had suffered abuse as a child. They told him that the younger relative had made allegations against him and Nyhammer later admitted making inappropriate contact. This admission was presented in court and Nyhammer was convicted and sentenced to 18 years in prison.

But the conviction was overturned by an appeals court that said that the confession has been involuntary. In a unanimous decision, the New Jersey Supreme Court disagreed saying, "The defining event triggering the need to give Miranda warnings is custody, not police suspicions concerning an individual's possible role in a crime."

Continue reading "New Jersey Sex Assault Confession Allowed by Supreme Court" »

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A recent report claims that a man described as a career criminal has been sentenced to 15 years in prison for robbing a man on a bicycle in New Brunswick. Jermaine Smith-Echevarria, 32, of New Brunswick robbed a 38-year-old man pushing a bicycle around midnight on May 26, 2007, on Townsend Street and Lee Avenue. According to assistant Middlesex County prosecutor Kevin Flood, Smith-Echevarria, must serve 85 percent of his sentence before he can be considered for parole.

Law enforcement officials say that Smith-Echevarria and an unknown accomplice saw the man pushing a bicycle with a flat tire that night and hid from sight until the man was close enough to rob. Flood said they jumped him and took $440 cash in his pocket, but the victim chased Smith-Echevarria and told a witness to call the police. Smith-Echevarria ran down an alley and through several backyards. He temporarily eluded the police until he doubled back through the same alley where the victim was waiting for Smith-Echevarria. The victim tackled him and held him for the police. Thankfully, the robbery victim did not suffer physical injury from any attempted New Jersey assault.

The robbery charges carry a 10-year maximum prison term, but because of Smith-Echevarria's extensive criminal record, which included 24 previous arrests and convictions in New Jersey and Virginia, he was eligible for an extended term of up to 20 years under New Jersey law.

Whether you have a criminal history or not, everyone is entitled to competent legal representation, and if you or someone you care for is facing serious criminal charges, call the skilled New Jersey criminal defense attorneys at Lependorf & Silverstein. We have years of experience representing clients charged with a wide range of crimes and will work hard to defend our clients’ rights at all times. For a free consultation with knowledgeable top criminal defense lawyers in New Jersey, call Lependorf & Silverstein today at 609.240.0040.

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Superior Court Judge Mitchel Ostrer of Mercer County held on March 5, in State v. Nagorniak, that the State must prove by clear and convincing evidence that a defendant was observed by a police officer for a minimum of 20 minutes before a breathalyzer test was taken.

Ostrer reversed the Lawrence Township municipal Court’s admission of Alcotest results that convicted Lubomir Nagorniak, finding the state did not meet its burden of proving by clear and convincing evidence that he was observed continuously for 20 minutes. Two officers were alternately watching Nagorniak but one of them could not recall what he saw, the judge found.

“The purpose of this observation is to ensure that the defendant has not ingested or regurgitated substances that would taint the breath sample. (The officer’s) failure of recollection defeated the purpose of the observation,” Judge Ostrer wrote.

This is just one of the requirements that the New Jersey Supreme Court outlined in their seminal opinion in State v. Chun, 194 N.J. 54 (2008). There are other important steps that law enforcement must take in order to properly prosecute a New Jersey DWI case.

If you have been charged with DWI in New Jersey, contact the top criminal defense attorneys in New Jersey at Lependorf & Silverstein. We know the “ins and outs” of the system and can make sure that you are properly represented. Contact us today at (609) 240-0040 for a free consultation.

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According to this recent Newsday report, two Newark men have been arrested and are facing charges for a rash of robberies and criminal homicide in New Jersey of a gas station attendant killed in one of the robberies. Raymond Perry, 43, and David Fate, 24, face felony murder charges in the death of 29-year-old Daniel Pritchard, who worked at a Verona gas station. The pair also face multiple charges for assault, robbery, and weapons violations in what law enforcement officials have called a three-week crime spree.

According to Essex County Prosecutor Paula Dow, Fate was arrested in South Carolina where he awaits extradition and Perry was apprehended at a friend’s house in Newark. The court set a $1 million bail each, and according to prosecutors, neither man has a defense attorney.

People convicted of murder, felony assault, robbery, weapons violations, and other serious charges face lengthy prison terms, steep fines and probation, and have a permanent mark on their records for the rest of their lives.

Continue reading "Newark Murder and Robbery Charges against Men" »

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An Upper Saddle River, New Jersey, man has been sentenced to a year and a day in federal prison for an accounting fraud scandal, which apparently artificially propped up the stock price of insurer American International Group Inc. According to this news report, Christopher Garand, who served as a senior vice president at Gen Re, was also fined $150,000 and will be under two years of supervised release after the term ends for his role in the case. The 61-year-old Garand is one of five former executives convicted on fraud and conspiracy charges in February 2008.

Being charged with fraud in New Jersey can be a complicated criminal offense. Criminal fraud charges can be brought either against individuals or a business. The penalties for fraud, as seen in this particular case, can range from heavy fines and probation to lengthy prison terms. The stigma attached to a fraud charge or a white collar crime can destroy a business' or an individual's reputation.

If you find out that you are being investigated for fraud, it is very important that you call a reputed and experienced New Jersey criminal defense attorney as soon as possible. The aggressive and skilled attorneys at Lependorf & Silverstein take a proactive approach to fraud cases and can sometimes get your case dismissed even before you are indicted. Our goal is to save your most valuable business asset – your reputation – before it gets tarnished and dragged through the court system. If you have been accused of a white collar crime in New Jersey, please contact Lependorf & Silverstein for a free consultation.

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Police in Rutherford, New Jersey, arrested 40-year-old Cesar Pajares on suspicion of fondling a teenage girl over a three-year period, the Bergen County Record reports. The girl, now 16, apparently told police in February that Pajares fondled her in a Rutherford home while she was between the ages of 13 and 16. Pajares, who is married and works as an optician, was arrested and charged with two counts of aggravated sexual assault in New Jersey, one count of aggravated criminal sexual contact and one count of endangering the welfare of a child.

Sex crime charges, especially when it relates to young children or minors, can have extremely serious consequences. A person who is accused of a sex crime in New Jersey – be it lewd conduct, rape, sex abuse or assault – is facing grave consequences including a lengthy prison term, loss of job, social life and the requirement to register for the rest of his or her lifetime as a sex offender. Society will view these people for the rest of their lives as "predators."

If you believe you have been falsely accused of a sex crime or child sex abuse in New Jersey, please call an experienced Princeton sex crime defense lawyer to discuss your case right away. It is critical that you have skilled legal representation to defend your rights and keep your record clean. A skilled New Jersey criminal defense attorney may be able to get your charges dismissed, reduce your fines or your jail sentence. If you or a loved one has been accused of a sex crime, please call Lependorf & Silverstein for a free consultation and case evaluation.

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A massage parlor worker in Wayne is facing prostitution charges, the Bergen County Record reports. The arrest came after a Wayne Police Special Operations Unit and the Passaic County Prosecutor’s Office executed a search warrant at the Eastern Cozy Spa on Hamburg Turnpike. Xiang Shu Jin, 48, was reportedly charged with two counts of receiving money for performing sexual favors. The arrest was made after a lengthy investigation, surveillance and undercover work by police, the news report stated.

Prostitution in New Jersey is defined as “sexual activity with another person in exchange for something of economic value or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.” Prostitution is punishable in New Jersey with a jail sentence, fines and other penalties.

Continue reading "Wayne Sex Crime of Prostitution Charges Against Massage Parlor Worker" »

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Three people have been charged with fraudulently collecting more than $44,000 in unemployment benefits, according to an announcement from New Jersey State Attorney General Anne Milgram. According to this news report, Luis Urbana, 30, of Lodi, Derrick R. Eaton, 42, of Paterson and Jessica Bonano, 42, were arrested and charged with deception, theft and falsification.

The indictments apparently came after labor investigators cross-matched employer wage information against unemployment benefit payments, reviewed payroll records and followed up on alerts from citizens. Third- and fourth-degree theft crimes, which all three individuals were charged with, carry a sentence of five years in state prison. These fraud crimes in New Jersey also come with a fine of up to $15,000, while fourth-degree crimes carry a sentence of up to 18 months in state prison and a fine of up to $10,000.

Continue reading "New Jersey Fraud Accusation Against Residents" »

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A teenager has been charged with drunken driving after the car she was driving jumped a curb and crashed into a parked van in Riverdale, according to this news report. The girl, identified as a Wanaque resident, apparently told police that she and her passengers had been drinking at a party and that she figured she was the “least drunk,” and decided to drive.

Juvenile crimes require special defense expertise and an extensive knowledge of juvenile laws. Having your child arrested for an underage DUI can be devastating and a traumatic experience for the entire family. A skilled criminal defense attorney will be able to deal with your case in an efficient and sensitive manner so that you achieve the best possible result in your case.

Continue reading "Wanaque 14-year-old Charged with Drunk Driving" »

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Kathryn Thompson, a 44-year-old Runnemede woman, has been charged with driving wile intoxicated after she allegedly struck a pickup truck and a house on January 31, 2009. According to this report in South Jersey News Online, police responded to calls that a car had struck a house in the township’s Glendora section. Thompson had apparently lost control of her vehicle and struck a pickup parked on the side of the road.

The pickup was pushed into a street sign, which in turn punctured a water main. Thompson’s Taurus continued across a front yard until it struck the house. Thompson has been charged with reckless driving, failure to maintain a lane, driving under the influence and use of a controlled, dangerous substance.

Continue reading "Runnemede Woman Arrested on Suspicion of DWI" »

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Police in Ocean City have arrested Gregory Hoyle, a 19-year-old man on suspicion of sexually assaulting a 14-year-old girl, according to this news report. The alleged assault occurred at a Mercer Place home the evening of January 31, 2009. Hoyle has reportedly been charged with sexual assault and is currently been held in Cape May County Jail.

Sex crimes, especially those that involve juveniles or children, can have tremendous consequences for the defendant. Crimes that involve sexual activities or that are sex-related are considered “sex crimes” in New Jersey. Some examples of sex crimes are sexual assault, rape and lewd conduct. If you have been accused of committing a sex crime, it is very important that you have skilled legal representation to protect your legal rights.

Continue reading "Ocean City Man Arrested On Suspicion of Sexually Assaulting 14-year-old Girl" »

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The New Jersey Supreme Court decided a case on February 4, 2009 that outlines the factors all Courts in the State of New Jersey are to use when determining if a prior, guilty plea can be withdrawn. The case entitled State v. Slater lists the following four factors to be considered: 1) whether the defendant has asserted a colorable claim of innocence; 2) the nature and strength of the defendant’s reasons for withdrawal; 3) the existence of a plea bargain; and 4) whether withdrawal could result in unfair prejudice to the state or unfair advantage to the accused. In this case, the Court ruled that the defendant met his burden under this four factor test and is allowed to withdraw his previously entered plea. The Court’s opinion also adds that not every one of the four factors needs to be met, but rather in evaluating a defendant’s motion to withdraw a guilty plea the four factors must be balanced as a whole.

At defendant Slater’s sentencing hearing, Slater told the court that the only reason he entered into the plea in the first place is because his New Jersey criminal defense attorney told him that if he went to trial he would lose. In addition, in Slater’s pre-sentence report he denied that he committed the offense. If you are considering withdrawing a prior guilty plea to an offense, please contact a criminal defense attorney in New Jersey at the law firm Lependorf & Silverstein, P.C. to discuss your case. The law firm of Lependorf & Silverstein will provide you with a free initial telephone evaluation to advise you regarding filing a motion with the court to withdraw a prior guilty plea to an offense in the state of New Jersey.

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A New Jersey court has thrown out a conviction in a sex abuse case because of comments a Bergen County sheriff’s officer made to jurors, according to this news report. Roy Hermalyn, who was an assistant school superintendent, was convicted in November 2007 of official misconduct. Prosecutors said he sexually touched a student and endangered the welfare of another.

After a one-month trial, jurors acquitted him of 23 counts and convicted him of four. Hermalyn was facing up to 10 years in prison. But a day after the verdict, one of the jurors told a defense attorney that a sheriff’s officer assigned to the courtroom told them that the jury had to be unanimous in its verdict. So the jury felt as if they had to decide and “come up with an answer.” Defense attorneys filed motions to dismiss the case. The state appeals court ruled that the officer’s comment was enough to warrant a new trial.

Continue reading "New Jersey Appeals Court Throws Out Sex Abuse Conviction" »

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A 56-year-old Paterson man has been recently arrested by authorities who say he dealt narcotic substances from his house. According to a news report in the Herald News, officials searched and found a small quantity of cocaine and cash at the address of 2 Chadwick St. near Weiss Street, the residence of Carlos Cordero.

Cordero apparently was under investigation for some weeks by the narcotics task force of the Passaic County Prosecutor's Office which ended with the search that was carried out under warrant. Officials say a Public School is located near Cordero's residence and charged him with drug possession, drug possession with intention to distribute and drug possession with intention to distribute in close proximity to a school.

Continue reading "Passaic County Man Faces Drug Charges" »

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On Tuesday January 6, 2009 Marc Harris, who was serving time at the Skillman Dairy Farm on Burnt Hill Road in Montgomery, New Jersey for a March, 2008 drug distribution offense in Atlantic County, New Jersey, escaped following a brief fight with a prison officer. The man has been sighted several times by residents in the Skillman section of Montgomery, New Jersey. Apparently, the man has been sighted in his underwear, as he quickly removed his state-issued boots and orange sweatshirt and sweatpants. Later he was spotted in long johns and a thermal shirt. Police, U.S. Marshals and Department of Correction officers have been searching for Harris around the clock. New Jersey State Police aviation units have participated in the search as well.

Area schools have been notified and have been on alert. Although the escaped prisoner’s underlying criminal conviction was not a violent one, local authorities still consider him dangerous. If this individual is captured, he certainly will face serious criminal charges in NJ that will be much more problematic for him than his underlying drug distribution offense. If it turns out that any individuals aid this man in his escape efforts, they most certainly will face serious criminal charges as well.

If you have been charged with a crime, consult a Princeton, NJ criminal defense attorney at the law firm of Lependorf & Silverstein, P.C. for a free initial consultation. Let an attorney at the New Jersey law firm of Lependorf & Silverstein, P.C. advise you as to your legal rights. Also, if you happen to see an escaped criminal, or someone who fits the description of an escaped criminal, do not confront the individual. Contact the police at once and try to obtain a detailed description of the individual.

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What is a Disorderly Persons offense?

A Disorderly Persons Offense is a category of offense that can be related to a small amount of drugs, a simple assault, a petty theft, etc. Disorderly Persons offenses are handled in the municipal court of the municipality where the offense occurred.

Unlike a crime that is handled in a County Court, with a Disorderly Persons offense the defendant accused is not entitled to an indictment by a Grand Jury or a trial by jury. Any trial that takes place is heard in front of and decided by a municipal court Judge. A Disorderly Persons charge is considered an “Offense”, and not a “Crime”, such as an indictable offense that is handled in a County Court is considered.

An advantage of the crime/offense distinction is that certain collateral consequences are not available upon the conviction of a Disorderly Persons offense. For example, one does not lose the right to vote, nor is one automatically disqualified from serving on a jury.

Continue reading "New Jersey Disorderly Persons Offenses" »

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A Long Island doctor is in trouble after police accused him of installing a hidden camera in the bathroom of his medical office, according to this news article. Nassau County police say Vincent Pacienza of North Hills was arrested and charged with unlawful surveillance.

According to the report, the doctor’s staff discovered the camera, which had been concealed inside an air purifier shipped from a spy store. Staff members apparently notified authorities about the hidden camera. The 54-year-old doctor was arraigned and released after posting $2,500 cash bail.

There is not much information about why the camera may have been installed. Based on information provided in this article, there is no information about why the camera was believed to be the doctor’s either. The fact that it was found in the restroom of his office may not necessarily mean that he put it there.

These are patterns of inquiry we follow as criminal defense attorneys. Many defendants face public scrutiny and embarrassment because of false charges by disgruntled employees, jealous neighbors or other enemies. People give false statements out of spite. If you or a loved one has been charged with a crime in the state of New Jersey, call the New Jersey criminal defense attorneys of Lependorf & Silverstein to discuss your case. Whether your case is a misdemeanor, a felony or involves a violent crime, we will work hard to make sure you have the best possible outcome.

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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 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.

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.

Continue reading "Embezzling Cardiologists Face Prison, Fines" »

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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 is shifted to the defense, and the defense must prove an insanity defense by a preponderance of the evidence.

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.

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 New Jersey criminal defense attorney at Lependorf & Silverstein, P.C. for a free and confidential consultation.

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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 Allen Daniels, a suspected New Jersey drug dealer. 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.

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.”

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.

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New Jersey’s controversial decision to replace the death sentence with life without parole has taken on a new face as the state closes its death row and transitions prisoners to other parts of jail. It’s also confused New Jersey residents, some of whom are still reporting on death row cases and who misunderstand what has become of the six men who sat on New Jerseys’ death row prior to last month’s ban on lethal injection in the state. As Debbie Holtz points out in her blog on Politicker NJ, the men were not in fact reprieved by the abolition of the death penalty. Rather, the governor commuted their sentences.

What does the lack of capital cases in New Jersey mean for New Jersey criminal defense lawyers? A sigh of relief, for one. Now one legal misstep won’t lead to a client’s death. However, the abolition of the death penalty also serves as a reminder of the preciousness of life. Life in prison isn’t a life – and that’s why we fight so hard for each and every client here at Lependorf & Silverstein.

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In a case that reveals the vital importance of the right legal strategy and criminal defense attorney, New Jersey man Michael Mastromarino has agreed to plead guilty to charges connected to an expensive criminal operation in which body parts were stolen from corpses, then sold. Mastromarino and his cohorts plundered more than 1,000 corpses in three states and then sold body parts to tissue banks and hospitals that use tissue from deceased persons for medical procedures. The case has been ongoing for two years, with a 122-count indictment finally filed against Mastromarino. Now he has decided to plead guilty and will face 18 to 54 years in jail.

Though the lengthy time Mastromarino will face is daunting, it’s an example of good legal strategy. Rather than leave Mastromarino to the mercies of an unsympathetic jury with bias and too much familiarity with this sensationalistic case, Mastromarino’s lawyers convinced him to accept a plea deal that guarantees prison time, but will likely reduce the total amount of time he spends in prison. Mastromarino’s deal likely includes his cooperation in the investigation, which is looking into the activities of his business partners and his company, Biomedical Tissue Services.

As experienced New Jersey criminal defense lawyers, we know that criminal charges can be confusing, nerve-wracking and scary. We take our clients’ rights and freedom very seriously and treat every client with compassion and care. At Lependorf & Silverstein, we have the resources necessary to conduct a thorough investigation of each charge and bring the right expert witnesses to trial. And our knowledge of the legal system means that we’re able to talk to the right people, make the right recommendations, and hopefully help you find the option that has the fewest consequences for your family, your finances, and your freedom.

If you’ve been accused of a crime, don’t hesitate. Call Lependorf & Silverstein today to see if our aggressive and experienced counsel is right for you. Help is just a phone call away – and our phone consultations are free and entirely confidential.

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A parking enforcement officer from Bayonne was criminally charged on Dec. 7 when her job interfered with police detectives’ job, reports the Jersey Journal.

Two police detectives were staking out a narcotics suspect in an unmarked car parked at a meter when the officer, Susan Wojtkowski, began writing them a ticket. They opened the window and explained that they were police officers, sparking an argument. While they talked, the suspect left the area. The detectives wanted to follow, but Wojtkowski refused to move away from the car until she had finished writing their ticket. Later that day, she was charged with obstructing a governmental function, which can be handled as either a criminal charge or as a minor infraction -- like a parking ticket.

The Journal couldn’t reach Wojtkowski for comment, but it’s easy to see how this could be a misunderstanding gone wrong. After all, the detectives were working undercover, in an unmarked car. It’s possible that Wojtkowski simply thought they were lying about their job in order to avoid a parking ticket. If that’s the case, she may be guilty of nothing more than doing a thorough job. Under those circumstances, it would be a shame for her to face criminal charges and the possibility of damage to her career, her family and her finances.

At Lependorf & Silverstein, we know how much is at stake for people who have been charged with a crime in New Jersey. Even seemingly minor charges like resisting arrest can result in jail time, steep fines and a felony criminal record. That’s why we always recommend that people accused of a crime consider hiring an experienced New Jersey criminal defense lawyer to help them protect their rights, their freedom and their futures. If you’re facing criminal charges stemming from obstructing police officers, resisting arrest or other New Jersey criminal charges, contact Lependorf & Silverstein today for a free consultation.

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New Jersey lawmakers are poised to make an historical decision next month – on whether to do away with the death penalty. If the legislature is in agreement, New Jersey will be the first state in the United States to abolish capital punishment since the Supreme Court reinstated it in 1976. Instead, the highest punishment will be life in prison without the possibility of parole.

According to an Associated Press news report in CBS News’ Web site (http://www.cbsnews.com/stories/2007/11/09/ap/national/main3481432.shtml), no one has been executed in the state of New Jersey in the last 44 years although the state currently has eight men on death row. The State Assembly is set to vote on this very important issue Dec. 13. The governor has also sent a message to the legislature that he looks forward to working with lawmakers to do away with the death penalty.

Assembly Speaker Joseph Roberts Jr. told the Associated Press that the death penalty is “flawed public policy that is costly, discriminatory, immoral and cruel.” He highlighted the fact that when the state executes offenders, there is no way to go back and right a wrong.

A State committee in May recommended abolishing the death penalty, but the Senate did not consider it. The current bill was born from a finding made by a special State commission earlier this year that the death penalty was way more costly that life in prison. What’s more, the study found that the possibility of a death sentence did nothing to deter murder. Republicans in the Senate are saying that they will fight this bill and that abolishing the death penalty doesn’t solve anything.

Continue reading "New Jersey Must Do Away With the Death Penalty" »

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A New Jersey doctor, already being accused of sexually assaulting 10 female patients, could face additional charges on suspicion of abusing more women in his care, according to a news report in the New York Times .

According to the report, 64-year-old Raymond P. Russomanno was arrested for the second time in about a week and faces one charge of second-degree sexual assault and 23 counts of criminal sexual contact in incidents that reportedly occurred over the last five years or so, officials told the newspaper. His first arrest on Aug. 20 was spurred by a report from one of his patients – a 27-year-old woman – who told police that the doctor assaulted her when she visited him in his Bloomfield office. Russomanno has since been out on a $200,000.

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Two New Jersey High School Students are in serious legal hot water after police say they have traced a misspelled note threatening to blow up the school with several bombs, to the 17-year-olds. According to an article posted on NBC’s Web site, the note was a copycat attempt, after another one was mailed a day earlier to the mayor of a neighboring city, causing 12 north New Jersey schools to cancel classes for an entire day.

According to the news report, police would not divulge how they connected the note to the two students, but said that the note was signed by “Alcada,” referring to the radical Islamic terrorist group Al Qaida, which is believed to be responsible for the Sept. 11 terror attacks on the World trade Center and the Pentagon. Eventually the two students suspected of authoring the note were summoned to the principal’s office and arrested without incident, the report said.

Continue reading "Juveniles Charged With Terrorist Threat Charges In Connection With Threat Letter" »

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A 47-year-old father of three and Little League coach turned himself in Sept. 7 after being charged with having overt sexual conversations in an Internet chat room with someone he thought was a 13-year-old girl. According to a news article in The Daily Record, Michael Donofrio was represented in court by his lawyer, also his wife of 22 years, and is facing a slew of charges including attempted sexual assault, attempted child endangerment and attempted promotion of obscene material.

Donofrio is reportedly out on a $50,000 bail. Officials say Donofrio did not realize that the person he thought was a 13-year-old girl was actually a 45-year-old man who belonged to the anti-pedophile group, Perverted Justice. The same group also works with the popular “Dateline NBC” show “To Catch a Predator.”

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A Maplewood man, who officials said went on a 10-month crime spree robbing 18 banks – all while wearing a different hat each time – this week decided to plead guilty to the alleged crimes. According to an article in the New York Times, 50-year-old James G. Madison, nicknamed the Hat Bandit, pleaded guilty to six counts of bank robbery and one count of attempted robbery.

The article states each count carries up to 20 years in prison and a $250,000 fine. Prosecutors are determined to put him behind bars for more than 11 years and compel him to pay restitution. Madison’s sentencing is set for Dec. 18.

Continue reading "New Jersey’s ‘Hat Bandit’ Finally Decides to Plead Guilty to Robbery Counts" »

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A Bridgewater woman was charged with assaulting a police officer and a police sergeant when she reportedly became angry after the cops told her they were going to arrest her on an outstanding warrant. According to a news report in The Daily Record, Xhevahire Hart was stopped when officers spotted her speeding past their marked patrol car on Route 24. Officers made the determination that Hart did not appear in court on previous vehicle code violation charges including driving with a suspended license and failing to inspect her vehicle.

Hart then reportedly refused to be arrested by the officer, but told him that she was on her way to her mother’s house and couldn’t be stopped. According to the newspaper, the woman kept locking the vehicle door as the officer attempted to unlock it by reaching through the open car window. The article states that Hart then started to punch the officer’s arm and hit him in the face. The officer finally got her out of the vehicle with a little help from a police sergeant. Even then, Hart reportedly struggled and tried to get away from them. Several times, the newspaper reported that Hart managed to free herself from the handcuffs and then punch and kick both the officers.

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Nearly 50 years after the Civil Rights Movement swept the American South and changed the Nation’s take on race and equality forever, a new Tennessee law is allowing those who protested Southern segregation to expunge charges incurred while protesting, from their legal records. The law, which was signed by Tennessee governor Phil Bredesen on June 8, 2007, expunges the records of “persons charged with a misdemeanor or felony while challenging a law designed to maintain racial segregation.” It can also be applied to deceased persons on the petition of parties with legal authority to act on the decedent’s behalf.

The Rosa Parks Law wipes clean the records of otherwise law-abiding citizens forced to live for decades with the taint of a felony or misdemeanor earned while protesting segregation laws. However, while it is cheered as a step in the right direction for its recognition of civil rights protestors, it has been slammed by critics as a publicity-seeking move that does little to redress the actual consequences of prior felony and misdemeanor convictions. Critics state that the law is too little, too late. For example, convicted felons have already lived through decades with limited employment opportunities, a loss that has had a significant financial impact on the protestors and their families. Others believe that the law is too broad, since some activists participated in violent action while protesting segregation laws and may have “earned” their convictions.

Tennessee’s Rosa Parks Law follows similar legislation in Alabama. However, in Alabama, expunged records are sent to a state archive for educational use, while the Tennessee law calls for the destruction of felony and misdemeanor records associated with a living person. A similar bill failed to gain support in the Florida legislature this year.

For more information, please contact the firm of Lependorf & Silverstein, P.C.

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A recent Associated Press investigation of national sex offender statistics suggests that young people are more likely to become violent sex offenders than ever before. While adult sex offenses have been on the decline, falling more than 55 percent between 1993 and 2004, the AP study found that the number of minors accused of violent and non-violent sex crimes has risen from just over 24,000 in 1985 to over nearly 34,000 in 2004 alone.

While some psychologists and specialists believe that the numbers are even higher than the survey suggests due to unreported child-on-child sexual violence, others claim that the study is misleading. The last decade has brought tougher sentencing and increased media attention to sex offender cases, including the prevalence of sex offender maps and registration programs, a rise that may lead to increased reporting of suspected sex offenses. These improved reporting programs and the nationwide media hype about sex offenses might be inflating the statistics.

Experts are conflicted as to the reason for these rising numbers. Some blame sexual and violent imagery available through television, movies and video games, while others cite better public awareness of what constitutes a sex crime. In addition, those who were sexually victimized during their childhood are more likely to commit sex crimes as adults, a cycle that could lead to increasing sex offender numbers and a vicious cycle. While unfounded sex offense claims can ruin the lives and reputations of the accused perpetrators, underreporting is a problem that plagues law enforcement officials, who estimate that a mere 28 percent of sex offenses are reported to authorities.

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Whether due to tougher laws and enforcement or some other societal factor, law enforcement officials have recently acknowledged that white-collar crime and financial crime are on the rise. The latest cases in the spotlight: embezzlement accusations that affect management and lower-level workers alike.

The Beckley, Virginia Register-Herald recently published an article listing recent high-profile embezzlement cases, including a mechanical services company employee who is accused of stealing more than $400,000, a police department employee accused of siphoning off funds earmarked for drug investigations, and a pet store manager who has pleaded guilty to embezzling more than $20,000 with a false refund system that supported his gambling habit.

Law enforcement officials say that addiction is involved in nearly all embezzlement cases, from pricey drug habits to gambling. However, some individuals embezzle when faced with financial hardship and rising costs of living. Embezzlement cases range from simple (stealing change or helping one’s self to cash from a cash register) to complex (kick-backs, falsified records and cover-ups that can take huge investigations to unravel and years to be revealed).

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“You have the right to remain silent. Anything you say can and will be used against you.” These words are now so familiar to almost everyone who has watched any crime movie or television show, but what happens when someone is questioned by the police? The answer is that they very frequently end up giving a statement!!

In my nearly fifteen years of practicing criminal law in New Jersey, by far my most frequent and best advice given to those who are questioned by the police is “do not speak to the police unless you have an attorney present.” In Miranda v. Arizona the U.S. Supreme Court ruled that the Fifth Amendment right against self-incrimination is not limited to in-court testimony, but also applies whenever a person is taken into police custody for questioning. The Court further ruled that before such questioning can begin, police must explain to the person that “he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of any attorney, either retained or appointed.”

The police will use all kinds of efforts to evoke a statement from you. They will tell you that a statement will help you, they will tell you to “be a man and tell the truth”, they will tell you that the co-defendant already told them what happened, etc. Remember, giving a statement, with very few exceptions, DOES NOT HELP YOU and in most circumstances, WILL HURT YOU.

If you have been arrested and have already given a statement, an experienced criminal defense attorney can review the facts and circumstances of the statement and if the police did something wrong, a motion to suppress can be filed in an attempt to have the statement disallowed as evidence.

When questioned by the police, never be rude or disrespectful, but be firm in your request to have an attorney present before any statements are made. Call an experienced criminal defense attorney at Lependorf & Silverstein.

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