<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0">
   <channel>
      <title>New Jersey Criminal Defense Blog</title>
      <link>http://www.newjerseycriminaldefenseblog.com/</link>
      <description>Published by Lependorf &amp; Silverstein</description>
      <language>en</language>
      <copyright>Copyright 2010</copyright>
      <lastBuildDate>Wed, 27 Jan 2010 07:00:00 -0500</lastBuildDate>
      <generator>http://www.sixapart.com/movabletype/?v=3.33</generator>
      <docs>http://blogs.law.harvard.edu/tech/rss</docs> 

            <item>
         <title>Jersey City Native Sentenced for Involvement in Cocaine Distribution Ring</title>
         <description><![CDATA[<p>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. </p>

<p>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.” </p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2010/01/jersey_city_native_sentenced_f.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2010/01/jersey_city_native_sentenced_f.html</guid>
         <category>Drug Offenses</category>
         <pubDate>Wed, 27 Jan 2010 07:00:00 -0500</pubDate>
      </item>
            <item>
         <title>Homicides Down in New Jersey for Third Straight Year</title>
         <description><![CDATA[<p>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. </p>

<p>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. </p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2010/01/homicides_down_in_new_jersey_f.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2010/01/homicides_down_in_new_jersey_f.html</guid>
         <category>Murder</category>
         <pubDate>Mon, 25 Jan 2010 12:40:12 -0500</pubDate>
      </item>
            <item>
         <title>Drunken Driving Charges against New Jersey State Police Sergeant</title>
         <description><![CDATA[<p>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. </p>

<p>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.</p>

<p>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. </p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2010/01/drunken_driving_charges_agains.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2010/01/drunken_driving_charges_agains.html</guid>
         <category>DUI DWI Drunk Driving</category>
         <pubDate>Wed, 20 Jan 2010 08:00:00 -0500</pubDate>
      </item>
            <item>
         <title>Newark Woman Arrested for Defrauding WIC Nutrition Program</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2010/01/newark_woman_arrested_for_defr.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2010/01/newark_woman_arrested_for_defr.html</guid>
         <category>Fraud</category>
         <pubDate>Wed, 13 Jan 2010 08:00:00 -0500</pubDate>
      </item>
            <item>
         <title>Jersey City Accountant Charged with Embezzling $1M</title>
         <description><![CDATA[<p>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. </p>

<p>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.</p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/12/jersey_city_accountant_charged.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/12/jersey_city_accountant_charged.html</guid>
         <category>White Collar Crime</category>
         <pubDate>Tue, 29 Dec 2009 07:00:00 -0500</pubDate>
      </item>
            <item>
         <title>Two Anti-Violence Activists Arrested for Marijuana Possession</title>
         <description><![CDATA[<p>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. </p>

<p>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. </p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/12/two_antiviolence_activists_arr.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/12/two_antiviolence_activists_arr.html</guid>
         <category>Marijuana Defense</category>
         <pubDate>Thu, 24 Dec 2009 07:00:00 -0500</pubDate>
      </item>
            <item>
         <title>Understanding Driving Under the Influence of Drugs in New Jersey</title>
         <description><![CDATA[<p>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 <a href="http://www.nj-dwilawyers.com/drugs_driving.html">driving while impaired charge in New Jersey</a> 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.</p>

<p>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.</p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/12/understanding_driving_under_the_influence_of_drugs_in_new_jersey.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/12/understanding_driving_under_the_influence_of_drugs_in_new_jersey.html</guid>
         <category>DUI DWI Drunk Driving</category>
         <pubDate>Tue, 22 Dec 2009 07:00:00 -0500</pubDate>
      </item>
            <item>
         <title>Violent Crime Decreases in Atlantic City, but the Battle Isn&apos;t Over</title>
         <description><![CDATA[<p>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.</p>

<p>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.</p>

<p>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.</p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/12/violent_crime_decreases_in_atl.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/12/violent_crime_decreases_in_atl.html</guid>
         <category>Legal Information</category>
         <pubDate>Thu, 17 Dec 2009 07:00:00 -0500</pubDate>
      </item>
            <item>
         <title>New Jersey Senate Judiciary Committee Scheduled to Vote on Bill 1866</title>
         <description><![CDATA[<p>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.</p>

<p>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.”</p>

<p>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.</p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/12/new_jersey_senate_judiciary_co.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/12/new_jersey_senate_judiciary_co.html</guid>
         <category>Drug Offenses</category>
         <pubDate>Tue, 15 Dec 2009 07:00:00 -0500</pubDate>
      </item>
            <item>
         <title>Hearing Delayed for Retired NBA Star Jayson Williams </title>
         <description><![CDATA[<p>There has been much discussion lately regarding retired NBA star Jayson Williams and his postponed hearing. According to a recent report, the Somerville hearing, in which Williams was expected to enter a plea for a 2002 shooting death of a hired driver, was indefinitely delayed. <br />
One source stated that the delay is partly related to travel issues experienced by Williams in getting to New Jersey from South Carolina. It is also being said that he will plead guilty to aggravated assault. If Williams does in fact plead guilty to the assault charge, he will face a minimum 18-month sentence due to a gun being involved in the driver’s death.</p>

<p>The former NBA player was acquitted in 2004 for aggravated manslaughter, but was convicted of covering-up the shooting, which took place at his mansion in New Jersey. In awaiting a second trial for reckless manslaughter, which carries a maximum 10-year sentence, the jury deadlocked on the reckless manslaughter count.</p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/12/hearing_delayed_for_retired_nb.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/12/hearing_delayed_for_retired_nb.html</guid>
         <category>Assault</category>
         <pubDate>Thu, 10 Dec 2009 07:00:00 -0500</pubDate>
      </item>
            <item>
         <title>Carteret Company $880K Theft Case Unfolds</title>
         <description><![CDATA[<p>A 37-year-old Manchester man has admitted to stealing $880K over a four-year timeframe from a Carteret trucking and warehousing company. According to an nj.com article, the man pleaded guilty in New Brunswick to one count of second-degree theft. The man worked for the company as a computer technician for seven years. In being arrested earlier this year, the man had not yet been indicted. Since he pleaded guilty, the man gave up his right to a grand jury proceeding. </p>

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

<p>Although the man in this particular case pleaded guilty to the charges against him, doing so is not applicable in every criminal case. It is advisable for anyone considering entering a plea agreement for a white collar crime to first speak with a skilled New Jersey white collar crime attorney. <a href="http://www.lependorfsilverstein.com/white_collar.shtml">White collar crimes in New Jersey</a> are very serious offenses that may pertain to the following:<br />
<ul><li>Extortion</li><br />
<li>Credit card fraud</li><br />
<li>Money laundering</li><br />
<li>Forgery</li><br />
<li>Embezzlement</li><br />
<li>Perjury</li><br />
<li>Internet fraud</li></ul></p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/12/carteret_company_880k_theft_ca.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/12/carteret_company_880k_theft_ca.html</guid>
         <category>White Collar Crime</category>
         <pubDate>Tue, 08 Dec 2009 07:00:00 -0500</pubDate>
      </item>
            <item>
         <title>Holiday DWI Checkpoints Scheduled Throughout Morris County</title>
         <description><![CDATA[<p>There are many gatherings and events to look forward to during the holiday season. However, coming upon a DWI checkpoint is not one of them. According to a Daily Record report, after receiving a DWI Enforcement Grant from the New Jersey Division of Highway Safety, the Morris County Prosecutor’s Office implemented DWI checkpoints during Thanksgiving and will do so throughout the holiday season to conduct DWI checkpoints with municipal police departments at different Morris County locations.</p>

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

<p>In discussing the reasons for conducting DWI checkpoints, New Jersey’s Division of Highway Safety’s website says the following: “Although every year 1.5 million impaired drivers are arrested, only one arrest is made for every 772 occurrences of driving under the influence of alcohol. Repeat offenders account for a high number of alcohol-related crashes.”</p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/12/holiday_dwi_checkpoints_schedu.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/12/holiday_dwi_checkpoints_schedu.html</guid>
         <category>DUI DWI Drunk Driving</category>
         <pubDate>Fri, 04 Dec 2009 15:44:30 -0500</pubDate>
      </item>
            <item>
         <title>Man Charged with Indecent Exposure for Being Nude in his House</title>
         <description><![CDATA[<p>The recent arrest of a man in Virginia for indecent exposure has left many citizens across the U.S. with different reactions as to what characterizes intentional and accidental exposure of one’s private parts when in the confines of one’s own home. According to a northjersey.com article, Fairfax police are saying that the man “wanted to be noticed…positioning himself so that the mother and child would see him not once, but twice.” The accused man claims that he never saw the 45-year-old woman and her 7-year-old child as they walked by his suburban house and spotted him in the nude through the window. Nevertheless, if the man is convicted, he may face a sentence of up to one year in jail for indecent exposure.</p>

<p>It is clear that this case may present some complex issues given the often blurred separating, or differing interpretations, of what constitutes private and public space, especially in instances where the windows of a house may not have blinds or curtains to hide inside activity from the outside.</p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/11/new_jersey_indecent_exposure_defense_attorney.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/11/new_jersey_indecent_exposure_defense_attorney.html</guid>
         <category>Lewd Conduct</category>
         <pubDate>Tue, 24 Nov 2009 07:00:00 -0500</pubDate>
      </item>
            <item>
         <title>New Jersey Truck Driver Involved in Felony Gross Negligent Operation Case</title>
         <description><![CDATA[<p>An article discusses the recent case of a truck driver from New Jersey who allegedly caused the death of three people. According to the report, the truck driver has pleaded guilty to the felony charge against him for grossly negligent operation resulting in death. While attorneys say that they will be asking a Vermont District court judge to sentence the 42-year-old man to one to 10 years in prison, defense attorneys are said to be planning to request a suspended sentence.</p>

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

<p>While it is true that motorists, including commercial truck drivers, have many responsibilities while operating a vehicle on the road, there may be multiple factors that contribute towards causing an accident other than driver negligence. Evidence is always a critical element to any vehicular manslaughter, homicide, or murder case, as it is sure to be in the aforementioned incident. </p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/11/new_jersey_truck_driver_involved_in_felony_gross_negligent_operation_case.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/11/new_jersey_truck_driver_involved_in_felony_gross_negligent_operation_case.html</guid>
         <category>Criminal Defense</category>
         <pubDate>Thu, 19 Nov 2009 07:00:00 -0500</pubDate>
      </item>
            <item>
         <title>Jersey City 16-Year-Old Sentenced as an Adult</title>
         <description><![CDATA[<p>For a teenager to be sentenced as an adult is a serious matter which usually draws differing public opinion regarding whether justice has been served or if justice has gone too far. According to an nj.com article, a Jersey City teen, who is now 17-years-old, was 16 at the time he was arrested for holding a gun to a man’s head during a robbery. On October 29, 2009 the teen received a sentence as an adult amounting to six years in prison. Whether the teen will be held with other youthful offenders until he turns 18, or will be housed with the general population at the prison, is yet to be decided by New Jersey Department of Corrections Officials.</p>

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

<p>This case has raised concern regarding an unsettling trend in the amount of juvenile offenders who seem to rapidly turn to serious crimes. The argument behind this teen’s prison sentence is that his first conviction was an armed robbery case, whereas other juveniles may receive some leeway in the form of a probation sentence if their first conviction is a drug case. The Hudson County Assistant Prosecutor also said, “We are seeing more and more gun-related crimes or crimes of violence by people who are younger.”</p>]]></description>
         <link>http://www.newjerseycriminaldefenseblog.com/2009/11/juvenile_new_jersey_criminal_defense_lawyers.html</link>
         <guid>http://www.newjerseycriminaldefenseblog.com/2009/11/juvenile_new_jersey_criminal_defense_lawyers.html</guid>
         <category>Juvenile Crimes</category>
         <pubDate>Tue, 17 Nov 2009 07:00:00 -0500</pubDate>
      </item>
      
   </channel>
</rss>
