New Jersey Criminal Defense Blog

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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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.

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Posted In: Assault , Criminal Defense

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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.

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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.”

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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.

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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.

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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.

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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.

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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.

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Posted In: Criminal Defense , Drug Offenses

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