June 8, 2010

New Jersey's Battle against Pharmaceutical Drugs

In 2008, New Jersey had a total of 42,173 arrests for the possession and usage of drugs. A growing percentage of the total drug arrests were attributed to the use of prescription drugs. According to the US Drug Enforcement Administration (DEA), New Jersey has one of the highest concentrations of pharmaceutical and chemical firms in the United States. The DEA has seen an increase in the number of crimes associated with prescription forgery and organized prescription drug script rings.

Some of the most frequently abused prescription drugs include Percocet, OxyContin, Xanax, and Vicodin. When used as directed, the prescription drugs serve as painkillers for a variety of medical conditions. On the other hand, if not used properly, these prescription drugs can be abused.

During the years of 2006-2007, NSDUH found that 257,000 of New Jersey residents used drugs for non-medical pain reliever use. In a survey involving a New Jersey high school, it was discovered that 11% of students surveyed had used inhalers for drug abuse.

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June 3, 2010

Drug Possession Charges Spring from Bordentown Resident Complaints

A suspect was arrested after Bordentown township residents complained that he was allegedly selling oxycodone pills. According to an article in the Register News, a 23-year- old man was charged with unlawful possession of oxycodone and the possession of oxycodone with intent to distribute as well as tampering with evidence, after he was apprehended in a Chickie and Pete’s restaurant parking lot.

Oxycodone is a drug used to relieve pain that can have the same effects as heroin. It is considered a controlled substance under New Jersey law.

The police claim that the suspect placed an item down his pants as he fled from them. While conducting a search of the suspect, the police say that they found 34 oxycodone pills.

The suspect was arrested and sent to the Burlington County jail. The police may seek a drug offender restraining order to prevent the suspect from returning to the Chickie & Pete’s restaurant parking lot where he was captured.

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May 27, 2010

New Jersey Pharmacist Accused of Stealing Drugs

An article in the Manville News reported that a 53-year-old pharmacist was accused of stealing drugs from a local CVS store. The suspect was charged with third degree possession of a controlled dangerous substance and third degree theft. According to police, the suspect took various quantities of the drugs, Tussionex and Hycodan, during his employment with the store.

Hycodan and Tussionex are synthetic prescription drugs used to relieve pain. Both drugs can have side effects that cause drowsiness, dizziness, euphoria, and constipation. The suspect’s employer used a hidden camera to monitor the suspect. Allegedly, the camera captured images of the suspect taking the drugs and transferring them to a 2 ounce bottle, which he placed in his pocket.

The prosecutor claims that the suspect supposedly transferred the drugs, but he failed to write prescriptions for the drugs on the days that the transfers were caught on camera. The employer drug usage reports allege that the suspect should not have managed the two drugs on the days that were in the camera footage.

The suspect turned himself into the Somerset County prosecutor’s office Special Investigation Unit. He was released on bond.

New Jersey laws for possession of a controlled substance are more severe than those of other states. A person accused of possession of a controlled substance in New Jersey can face up to 5 years in prison in addition to losing his or her driver’s license. Also, a person charged with this serious crime can be fined up to $35,000.

The New Jersey drug possession attorneys of Lependorf & Silverstein have defended numerous clients against drug crime charges, including possession of a controlled dangerous substance. If you are accused of a drug crime, exercise your right to have an attorney present before questioning. At Lependorf & Silverstein, our aggressive criminal defense lawyers offer free confidential, consultations. Contact us today by calling 609-240-0040.

May 20, 2010

Cocaine Possession Arrest at Service Station

The police arrested two men who are allegedly accused of crack cocaine possession in New Jersey. According to a Gloucester County News article, the police believe the two suspects were involved in a drug transaction at a Delsea Drive service station. One of the suspects was allegedly found in possession of 21 bags of crack cocaine as well as marijuana. The police also found 30 additional bags of cocaine in the suspect’s motel room that they believe belong to the suspect as well as $1,077 in cash.

Police say that the first suspect had been arrested two months earlier in February for possession of 50 bags of crack cocaine. He is currently charged with possession of more than a half ounce of crack cocaine, possession of more than a half ounce of crack cocaine with intent to distribute, and possession of less than 50 grams of marijuana.

Allegedly, the second suspect was in possession of marijuana and pills. He was charged with possession of less than 50 grams of marijuana, possession of more than a half an ounce of crack cocaine with intent to distribute, and possession of a controlled dangerous substance within 500 feet of a public park.

In New Jersey, possession of 50 grams or less of marijuana is a considered a disorderly person’s offense, with a maximum fine of $1,000.000 and 6 months in jail. For crack cocaine possession, New Jersey law imposes penalties in relation quantity of the controlled substance found in possession of the suspect. A person accused of possession of more than a half ounce but less than 5 ounces of crack cocaine may be subject to a penalty of up to 10 years in prison.

The New Jersey drug crime defense attorneys at Lependorf & Silverstein use their extensive experience to handle serious charges involving possession of a controlled dangerous substance. Charges associated with serious crimes require serious legal representation. Call our office at 609-240-0040 for a free consultation of your criminal case and to learn more about how we can help defend your rights.

April 22, 2010

New Jersey Man Arrested for Drug Possession and Shoplifting

A Bayonne resident was arrested on suspicion of stealing $125 worth of liquor. The Jersey Journal reports that when officers arrested him, they also found cocaine in his possession. He is currently being held in Hudson County Jail. He was charged with shoplifting and possession of a controlled, dangerous substance.

Shoplifting is a relatively minor offense in New Jersey compared to possession of a controlled substance. The Garden State has a record of being extremely tough on drug crime charges. New Jersey drug laws can be severe even when the possession involves only small quantities of drugs and may have only been intended for personal use. First-time offenders pay fines as low as $1,000 and as high as $150,000 for multiple offenses. The nature and severity of drug charges in New Jersey depends on the quantity of drugs possessed, type of drugs and whether they were intended for sale.

Once convicted of a drug offense in New Jersey you may face jail time, probation, restrictions on your living arrangements and heavy fines. A conviction may affect your livelihood, your ability to get a new job and your finances. It is important to know your rights. You have a right to contact an attorney before speaking to any law enforcement official.

The New Jersey defense lawyers at Lependorf & Silverstein are experienced in defending those charged with serious drug crimes from drug possession to transportation and sale of narcotics. Contact us at 609-240-0040 for a free consultation. Do not talk to anyone or enter a plea before first talking to an experienced criminal defense lawyer.

February 16, 2010

Bayonne Firefighter and Wife Arrested for Running Marijuana Farm

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.

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February 9, 2010

New Jersey Legalizes Medical Marijuana

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.

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January 27, 2010

Jersey City Native Sentenced for Involvement in Cocaine Distribution Ring

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.”

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December 24, 2009

Two Anti-Violence Activists Arrested for Marijuana Possession

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.

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December 22, 2009

Understanding Driving Under the Influence of Drugs in New Jersey

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.

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December 15, 2009

New Jersey Senate Judiciary Committee Scheduled to Vote on Bill 1866

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.

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November 2, 2009

Lawmakers Urging Pardon of Medical Marijuana User Who Suffers from MS

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.

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October 20, 2009

Benefits of Drug Court Program Seen in Cape May County

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.

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October 15, 2009

Wrong Number Mishap Results in Drug Possession Arrest of Two Women in Salem County

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.

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October 8, 2009

Essex County Drug Arrest of 34 Gang Members

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.

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September 22, 2009

Raritan Borough Marijuana Possession and Sale Arrest

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.

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August 25, 2009

New Jersey Rapper Says He Was Falsely Arrested

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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July 6, 2009

PHILIPSBURG TEACHER, ASSOCIATE HEAD FOOTBALL COACH, ARRESTED

A Phillipsburg math teacher and associate head football coach is among the latest to be arrested for his alleged involvement in an Oxycontin distribution ring in Pohatcong Township.

Kevin M.Kane, 38, has been charged with conspiring to distribute Oxycontin, attempt to distribute Oxycontin and drug possession, according to court paperwork. This is the second wave of arrests in connection to the drug ring. All of the alleged crimes occurred between May 20 and June 24 in Pohatcong Township, officials said.

Last week, eight people, including alleged kingpin Frank Stillo, Jr., 45, of the first block of Municipal Drive in Pohatcong Township, were arrested. Authorities say Kane and Stillo arranged a drug buy during a phone call. Kane made his first court appearance and is free on bail.

Many people, of course, are very upset to hear that this type of drug activity may be so closely connected to our public schools. But before everyone jumps to conclusions, we must remember that in our country, we are innocent until proven guilty. There are at least two sides to almost every story, and it is very easy to sling around allegations and sensationalize stories in the press, but not always as easy to prove these cases in a court of law.

The criminal justice system grants all of us certain constitutional rights, and those rights are in place for a reason. People should not be tricked into confessions, or have our privacy rights invaded. If the State is able to prove their case against a defendant in a fair and square manner, then a conviction fits squarely into what the framers of our constitution had in mind. If, on the other hand, constitutional rights were violated in the prosecution of the crime, or the State can not prove its case beyond a reasonable doubt, then the charges should be dismissed and the accused should not have to continue to suffer a tarnished reputation.

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July 1, 2009

While Other States Relax Drug Sentencing, New Jersey Remains Strict

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.

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June 23, 2009

Columbia, New Jersey Marijuana Cultivation Arrest

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.

May 27, 2009

New Jersey Mother DUI Arrest with Child in Car

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.

May 22, 2009

New Jersey Pre-Trial Intervention (PTI) Applications: Drug Offenses

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.

April 17, 2009

Ocean Township Drug Charges against Two Men

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.

March 13, 2009

New Jersey Drug Charges Against Arrested Men

Two men in West Milford are facing multiple drug charges in New Jersey after police found 89 bags of heroin in the mens’ car. According to this news report, the arrestees were identified as 20-year-old Matthew J. Mercorella and Zachary Van Dunk, 19. Mercorella and Van Dunk were arrested after patrol officers made a traffic stop on Warwick Turnpike for a broken taillight and found the drugs in their Nissan Xterra.

Officers apparently searched the vehicle after they detected the odor of burned marijuana coming from within the vehicle. Officers searched the car and recovered 89 bags of heroin, four hypodermic needles and one pill, which officials believe, is the prescription drug Oxycontin. Both men face several drug charges including possession of heroin with the intent to distribute or sell.

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February 19, 2009

New Jersey Man Arrested After He Admits Carrying Marijuana

Anthony Lopez, 29, of North Bergen was arrested in Bayonne, New Jersey the morning of January 9, 2009 after he admitted to police that he possessed marijuana. According to this news report in the Jersey Journal, Lopez walked past officers outside a Bayonne gas station when police said they smelled a strong odor of burnt marijuana coming from him.

When the officers approached Lopez about the smell, he apparently admitted that he was smoking pot and had two bags of marijuana left in his pocket. He then reached into his pocket and handed over the bags of marijuana to the police officers, the report stated. Lopez reportedly had four outstanding warrants – three from Jersey City and one from Guttenberg.

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January 14, 2009

Passaic County Man Faces Drug Charges

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.

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October 24, 2008

Trenton And Pemberton Township Drug Charges Filed Against Gang Members

In a recent drug raid of two Browns Mills homes New Jersey state troopers and Pemberton township officers arrested seven people, reported The Trenton Times. Simultaneous raids were conducted in the 300 block of Trenton Road and the 300 block of Seminole Trail resulting in the arrest of alleged members of the Bloods street gang.

Police investigating alleged drug sales said they arrested Pemberton Township residents David Garmon, 24; Isaiah Chavis, 24; Alvin Davis, 42; Joanne Scott, 31; Samuel Redding, 19; Rhasaun Conover, 27, of Trenton and Mary Hartsfield, 35, of Hainesport. Drugs and weapons including crack cocaine and marijuana, a loaded handgun, a stun gun, ammunition, a digital scale, drug paraphernalia and cash were reportedly seized.

The New Jersey Comprehensive Drug Reform Act (N.J.S.2C) calls for stiff penalties for all drug offenses in New Jersey to "ensure the imposition of stern, consistent punishment for all drug offenders." A drug offense conviction in New Jersey for even possession of crack cocaine can result in a 3-5 years jail sentence and a fine of $1000 to $25,000. In addition to other fines payable, every defendant convicted of any drug offense or who goes into a drug diversionary program must pay a mandatory penalty ranging from $500 to $3000. A conviction for the use or possession of drug paraphanalia can result in a sentence of up to six months in jail, mandatory fine of $500 to $1000 and a mandatory loss of driving privileges for up to two years.

At Lependorf & Silverstein our expert drug crime lawyers in New Jersey draw from a wealth of experience to get our clients the best outcome in their case. We know the mistakes that law enforcement agencies tend to make in filing charges and making overzealous arrests in a “drug bust” situation. Call us to discuss how we can put our knowledge to work for you.

September 8, 2008

Man Arrested in Villas on Drug Possession Charges

Police in Villas, N.J., reportedly seized 1.5 pounds of high-grade marijuana and 100 prescription narcotic pills from a home after responding to a domestic dispute there, the South Jersey News Online reports. Police reportedly arrested a 20-year-old resident on illicit drug charges after police found drug paraphernalia and bags of marijuana in the home in plain view. The drugs have a street value of more than $10,000, officials said.

Drug charges – whether it involves marijuana, cocaine, methamphetamine or prescription drugs – can be very serious. It could result in serious jail or prison time, significant fines and penalties. It takes an experienced New Jersey criminal defense attorney to defend the drug crime charges against you. You need a lawyer with a thorough understanding of the law as well as experience dealing with drug crimes.

A competent New Jersey drug crime defense attorney will be able to determine the best path to fight your drug charges. If you are a first-time offender, drug possession charges can carry less severe punishments. You may be able to receive alternative sentencing instead of jail time. Charges for selling drugs can be even more severe. A conviction for selling an illegal substance can result in harsh punishment including a lengthy prison sentence.

If you have been charged with a drug crime, call Lependorf & Silverstein for a free consultation. Our New Jersey drug crime defense lawyers can work to reduce your sentence and keep you out of jail.

August 7, 2008

Four Arrested in Newton on Drug Possession Charges

Police officers seized 476 bags of cocaine and arrested four people on suspicion of drug possession in Newton in what is one of the largest drug busts in Sussex County. According to a news article in The Star-Ledger, the street value of the cocaine also made this one of the largest drug busts in Sussex County.

The four who were arrested were: Johnny Moscaguiri, 30; Kimberly Laplaca, 28; Latasha Best, 25, and David Gaskins, 38. All were reportedly charged with second-degree drug possession with intent to distribute within 500 feet of a public building and third-degree drug possession with the intent to distribute in a school zone.

Drug charges can have a serious effect on your life and the lives of your family and friends. Charges for selling or distributing often are extremely severe and can result in harsh punishment including lengthy jail time and hefty fines. A drug conviction for selling a controlled substance such as cocaine, methamphetamine or marijuana can affect your personal life, your job and your future.

If you or someone you know has been charged with a drug crime, call an experienced New Jersey criminal defense lawyer at Lependorf & Silverstein. A competent criminal defense attorney can make the difference between an acquittal and a lengthy jail sentence. Our goal is to keep you out of jail and get you the help you need. Call us today for a free, comprehensive and completely confidential consultation.

May 15, 2008

School Administrator Accused of Stealing Prescription Drugs from Nurse’s Office

A Gloucester County middle school administrator is facing charges for stealing students’ prescription drugs from his school’s nurses office for his personal use. According to a news report, Philip Bevilaqua, a vice principal at the Gateway Regional Middle School in Woodbury Heights, specifically stole drugs such as Ritalin and Adderall – medication that is commonly used to treat hyperactivity disorder, but also prescription drugs that are commonly abused.

According to police reports, the school administrator allegedly stole the drugs on three occasions in April. Officials also say that the drugs were locked and stored properly in the nurse’s office when Bevilacqua allegedly took them. He has been released from custody. The grand jury will likely decide what charges he will face. Bevilacqua is currently on paid administrative leave from his job at the school, the news report said.

This school administrator is probably going through a lot of the feelings and emotions someone facing the possibility of drug and theft charges would be going through. It’s scary and distressing. Conviction on a new jersey drug charge can spell the end of a career for this vice principal. Right now, he needs an experienced criminal defense attorney who has represented clients accused of drug possession and theft – an attorney who can successfully get his case dismissed, get him an acquittal or at least lower his sentence or penalties.

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March 20, 2008

18 Arrests Made In National Drug Ring Bust

Over 14 ounces of cocaine, over 60 grams of marijuana, more then $25,000 in cash, 4 guns and 18 arrests were made in a coordinated pre-dawn raid that shut down a major drug distribution ring that shipped West Coast narcotics to sellers in New Jersey and Delaware. Additionally, three vehicles valued at $50,000 were seized. Police believe the money allegedly used to purchase these vehicles was derived from proceeds of criminal activity and used in the organization’s criminal enterprise.

The multi-state task force executed the search warrants simultaneously at about 5:00 am. Officials indicated that 13 arrests were made in Salem County, three additional arrests, including the suspected ringleader of the operation, were made in Delaware while two additional suspects were apprehended in California. The operation was the culmination of a six-month investigation of local and federal agents that involved drug crime agencies in New Jersey, California, and Delaware.

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February 14, 2008

Gym Teacher, 4 Accomplices Arrested On Drug Charges

In an alarming example of the proximity of the ever growing drug culture and our school system, a gym teacher from Lacey Township Middle School has been arrested along with four other men on cocaine and illegal steroid charges, according to a Star Ledger report published Thursday, February 7th.

Kevin Tracy, 33 of Manahawkin was charged with a laundry list of New Jersey drug crimes, including: possession of cocaine, possession with intent to distribute cocaine, distribution of less than a half-ounce of cocaine, possession of steroids and possession of drug paraphernalia. A six year employee of the Lacey Township school system , Tracy was suspended from his $43,000 a year job according to state public employee records. Authorities did not immediately identify the type of steroid but said Tracy is not charged with distributing that substance or cocaine to students.

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November 26, 2007

Driver Makes Bomb Threat To Elude Arrest Warrant On Drug Charges

This story is a great example of how you can dig a hole 10 times deeper than the one you’re already in. Instead of hiring a competent New Jersey defense attorney to get him out of trouble and get the help he needs, Kyle Lewthwaite decided to do something he thought was very smart. He phoned in a bogus bomb threat to a neighborhood school to get out of a warrant for his arrest for failing to appear in court on a drug possession charge.

According to an article in the Daily Record , the 23-year-old Lewthwaite was charged with possession of heroin, possession with intent to distribute and other charges. This week, police stopped him for a seatbelt violation. Lewthwaite, who knew he was in trouble, picked up his cell phone when the officer was not looking, called 911 and called in the phony threat to distract officers.

His plan initially worked, but officers soon put two and two together and caught up with Lewthwaite. Now, he not only faces the original drug charges, but in addition has been charged with creating a false public alarm, a false 911 call and making terrorist threats. He is being held in jail on a $25,000 bail. Students at the middle school where Lewthwaite called in the threat were evacuated for about 10 minutes, the newspaper reported.

The Daily Record also reported that Lewthwaite was an exceptional student who had a love for science and electronics and even won a Coca Cola scholarship after graduating from high school. Clearly, this was a man who needed help. At Lependorf & Silverstein, we strongly believe that it is not only a New Jersey defense attorney’s job to get clients acquitted, but also to get the help they need.

What Lewthwaite needed was not time behind bars. He needed counseling and rehabilitation to kick his drug habit and get back into society as a productive citizen. Obviously, he did not get that help he so badly and desperately needed. Instead, in his attempt to get out of trouble, he ended up multiplying his troubles.

If you or a loved one has been charged of drug crimes or any other crime in the state of New Jersey, call Lependorf & Silverstein right away to discuss your case. It will cost you nothing to make that call. Instead, you have everything to gain. We will do what it takes to achieve the best possible result in your case and get you the help that you need.

October 11, 2007

New Jersey Man Charged With Drug Crimes And Vehicle Code Violations

Police stopped a Willingboro man early morning Sept. 19 on Route 1 because officers say he was speeding at 75 mph. But according to a crime blog in The Times of Trenton police officers smelled something else in his vehicle – burning marijuana.

David Williams, 24 was arrested on suspicion of possessing marijuana and drug paraphernalia and faces speeding and other motor vehicle code violations, the article states. Williams, who was actually stopped for allegedly speeding on the southbound lanes, had about 50 grams of pot in his Nissan Maxima, the report said. Police inspected the vehicle after they smelled the marijuana in the car.

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October 6, 2007

New Jersey Teenager Wanted on Suspicion of Drug Possession and Eluding Police

A Bayonne teenager is wanted by police on suspicion of eluding police who attempted to apprehend him on drug charges earlier this week. According to a news article in the Jersey Journal, 19-year-old Wadi Williams was found by police at the Hudson-Bergen Light Rail Station without a valid ticket.

The article states that when he tried to pull out an identification card, a small plastic bag of marijuana came out stuck to the card. Officials told the newspaper that they then saw him produce another bag from his other pants pocket that contained 20 smaller bags also filled with marijuana.

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June 12, 2007

Mexico Asks U.S. For Help In War On Drugs

Mexico is seeking the United States' aid in what appears to be a losing battle in the war on drugs. Ambassador Arturo Sarukhan has called for the U.S. to provide intelligence information, training and resources to help battle drug trafficking between the two nations, which are connected by a nearly 2,000 mile border.

Mexico has faced a recent surge in drug trafficking, which has led to nationwide violence and chaos. Interior Secretary Francisco Ramirez, the nation’s top domestic security official, acknowledged that the Mexico had completely lost control of its drug situation prior to the recent drug offensive launched by new President Felipe Calderon. Since taking office in December 2006, Calderon has sent federal police and over 24,000 troops to fight ruthless drug gangs whose power is partly fueled by American demand for drugs.

Blamed for over 1,000 gruesome deaths this year alone, Mexican drug gangs are assisted by American money launderers, weapons traffickers and chemical manufacturers who promote drug manufacture, trafficking and consumption on both sides of the border. Mexico’s current strategy involves establishing firm drug-free territory and leveraging it against drug gangs. But the country’s efforts probably will fail without United States cooperation and efforts to reduce drug demand and the flow of weapons and supplies south of the border.

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April 28, 2007

Suppression of Evidence Upheld by Appellate Court

On April 27, 2007 a New Jersey Appellate Division Panel upheld a lower court’s decision to suppress evidence obtained by police by ruling that the police did not have probable cause to search the trunk of the defendant’s car. In the case entitled State of New Jersey vs. Raheim Holloway, App. Div. A-5171-05T1, the court affirmed a decision reached in the Cumberland Superior Court that the police illegally obtained a silver handgun and a bag of cocaine when they searched the trunk of the defendant’s car.

The police were dispatched to a home in Vineland, New Jersey to investigate a report of domestic abuse. Upon reaching the residence the police were able to secure the defendant by placing him in handcuffs and placing him under arrest. The police then requested the defendant’s keys and searched the trunk of his car. They found the handgun and cocaine in the trunk of the car.

Both courts agreed that the evidence obtained from the trunk of the car was obtained in an unconstitutional manner. A warrantless search such as this one requires “exigent circumstances.” Once the defendant has been arrested and is in handcuffs, he is “out of the picture.” There is no way the defendant could “use that weapon or get that weapon to cause anyone any damage at that point in time.” The police should have obtained the appropriate warrant to search the car. But they did not. If you have been charged with a crime, it is important that you obtain the appropriate legal representation. Call a criminal attorney at Lependorf & Silverstein, P.C. A lawyer at the firm of Lependorf & Silverstein, P.C. will review the facts of your case with you to determine the best course of legal action for your circumstances. Feel free to contact us today for a free telephone consultation.

April 24, 2007

Search and Seizure – Drug Prosecution

A New Jersey appellate court reversed a lower court’s denial of a defendant’s suppression motion on April 16, 2007 in the case entitled State v. Small (A-1283-05T4). The case arose out of a motor vehicle stop that took place on October 16, 2002 in Wall Township. The defendant was stopped for failing to keep right. During the stop the police officer asked the defendant to exit his car and frisked him. During the frisk the officer found a small plastic BB in the defendant’s pocket. Finding the BB provided the officer with reason to request permission from the defendant to search the vehicle for a weapon. The defendant consented to the officer’s search of the vehicle. The Court agreed that the BB was “significant enough to establish a reasonable and articulable suspicion to request defendant’s consent to search the vehicle for a weapon.”

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