New Jersey Criminal Defense Blog

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" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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.

Continue reading "SEARCH WARRANT INSUFFICIENT" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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.

Continue reading "New Jersey Death Row Closure – What Now? " »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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.

Continue reading "Bloomfield Doctor To Face Additional Sex Crime Charges" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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.”

Continue reading "Little League Coach Charged With Internet Sex Crimes" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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.

Continue reading "New Jersey Woman Charged With Assault After She Allegedly Gets Mad at Cops" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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.

Continue reading "Are Juvenile Sex Offense Cases On The Rise? " »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

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).

Continue reading "Embezzlement Cases On The Rise" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

“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.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark: