New Jersey Criminal Defense Blog

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.

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Posted In: Drug Offenses , Theft/Shoplifting

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

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

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

• Extortion


• Credit card fraud


• Money laundering


• Forgery


• Embezzlement


• Perjury


• Internet fraud

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

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

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

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

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

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

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Posted In: Criminal Defense , Theft/Shoplifting

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In a real world example of the FBI and local authorities finally “getting their man”, a former Roselle Park resident has been arrested on numerous charges more than a year after the alleged assault of a borough resident who surprised him in the midst of a burglary.

Neyad “Joe” Becaj, 38, has been charged with aggravated assault, robbery using force and other offenses. The charges stem from an incident on the evening of January 5, 2007, when a homeowner returned home in the midst of a burglary. The thief assaulted him with a kitchen chair, causing several contusions to the arms, ribs and upper body. Authorities allege that the thief was Mr. Becaj.

Continue reading "Suspect Arrested A Year After Robbery Incident" »

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Posted In: Theft/Shoplifting

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Wharton police are accusing a former PTA treasurer of theft saying she stole at least $10,000 over the period of several years from the organization. According to a news report in the Daily Record, 36-year-old Marlene Bencel not only stole the money but also falsified the organization’s financial records to camouflage the theft.

Bencel served as the group’s treasurer since 2001, officials said. According to police detectives, Bencel created a fake bank statement and handed it to other members of the PTA during an audit. Group leaders are now looking at documents over the years to determine how much money has been taken and when, the newspaper reported.

Continue reading "PTA Treasurer Accused of Stealing $10,000 from Her Own Organization" »

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Posted In: Theft/Shoplifting

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On February 2, 2007 the Appellate Division of the Superior Court of New Jersey reversed a lower court’s conviction for the disorderly persons offense of shoplifting in violation of New Jersey’s Code of Criminal Justice. A New Jersey man had returned to a drug store to pick up film that he had dropped off to be developed. He was dissatisfied with the initial development of the film because the date did not appear on the film as he had requested. Upon returning to the store to retrieve the developed film he was still dissatisfied because he had requested double prints, and the store had only produced a single set of prints. The man took the single set of photographs from the store without paying for them. He left his name and address on a piece of paper with the store attendant and walked out of the store.

The store’s manager called the local police and the man was charged with shoplifting. During the trial, the defendant testified that he intended to pay for the prints, but that the store had tried to charge him for double prints when they had only provided him with single prints. He testified that he had every intention of paying for the prints if the store would have provided him with double prints. The defendant went on to argue during the trial that he was not shoplifting because he had every intention of paying for the prints at a later date which is why he left his contact information with a store employee before he left the store. The defendant claimed that there was merely a “billing dispute.” The defendant also argued that the prints were not “merchandise,” because they were of no value to anyone other than himself.

On appeal, the Appellate Court reversed the lower court’s conviction and concluded that the shoplifting statute was inapplicable to this case. The higher court agreed with the defendant that the prints are not “merchandise,” and that prints “have no market value, but merely their value to the photographer.” The higher court also ruled that the state did not prove beyond a reasonable doubt that the defendant did not intend to pay for the prints he removed from the store. By leaving his contact information before exiting the store, the defendant indicated that he intended to resolve the billing dispute at a later time. He did not leave the store with “the intention of converting the same to his own use without ‘paying the merchant the full retail value thereof.’”

If you have been charged with shoplifting or a similar offense, please contact an attorney at the firm of Lependorf & Silverstein, P.C. for a free case evaluation. As this article demonstrates, it is often difficult for the state to prove its case against defendants whom they have charged. There are many defenses that can be raised. Please call today for a case evaluation with an experienced New Jersey criminal defense attorney.

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Posted In: Theft/Shoplifting

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