New Jersey Criminal Lawyers Blog

Synthetic marijuana is a relatively new product that attempts to capture the effects of cannabis. It is a psychoactive herbal and chemical product that has gained immediate popularity since its introduction in 2002. Although it was first thought to contain a mixture of just legal herbs, laboratory studies have since shown that synthetic marijuana in fact contains synthetic cannabinoids. In order to avoid illegal status, many manufacturers use a large variety of synthetic cannabinoids in the creation of synthetic marijuana. The most common synthetic cannabinoids used are cannabicyclohexanol, JWH-018, JWH-073, and HU-210. This makes synthetic marijuana a type of designer drug. It is best known by its most popular brand names - Spice, K2, and Blaze. Like actual marijuana, synthetic marijuana is most often smoked. Its metabolites can be found through a urine test and seem to bind more permanently to receptors in the body and remain longer in major organs like the brain.

Synthetic marijuana mimics the look and feel of real marijuana, with colors varying from green, brown, yellow and red. It is often sold in small foil or plastic zip bags. As of yet, there have been no official studies on the effects of synthetic marijuana on its users, but it has been linked with many negative effects not associated with typical marijuana users, such as agitation, vomiting, heart palpitations, seizures, and psychosis. Individual users and reviewers have claimed that synthetic marijuana produces a high similar to real marijuana, except that the effects do not last as long. The chemist responsible for the development of one of the first synthetic cannabinoid JWH-018, has stated publicly that it was not meant for human consumption and "could very well have toxic effects. They absolutely should not be used as recreational drugs." In extreme cases, synthetic marijuana has led to heart attack-like symptoms in otherwise healthy teens, as well as death after a single use.

Some of the compounds found in synthetic marijuana have been scheduled under federal law (schedule 1), while others are only temporarily scheduled or not listed at all. It seems that as quickly as certain synthetic cannabinoids are banned, new ones emerge and are sold legally online and at liquor stores, gas stations, and convenience stores. In New Jersey, the Attorney General issued a statewide ban of all variations of synthetic marijuana as of late February 2012 through an emergency order that stands in effect for 270 days even without an act of the legislature. This ban gave sellers 10 days to surrender any products still on their shelves. The ban came into affect after reports of surging heart rates, seizures, paranoid delusions, and suicidal thoughts became widespread throughout the state. All synthetic marijuana variations are therefore considered a schedule 1 drug at this time. A public hearing will be held May 10, 2012 to allow interested parties a chance to provide testimonies concerning the state's intention to permanently place all synthetic cannabinoids in the category of schedule 1 drugs. As a schedule 1 substance, the possession, distribution, manufacturer, or dispensing of synthetic marijuana in a quantity of one ounce or more, including any adulterants or dilutants is considered a crime of the second degree. Synthetic marijuana in a quantity less than one ounce is a crime of third degree except that a fine of up to $75,000 may also be imposed.

Continue reading "Synthetic Marijuana In Ocean County and Monmouth County New Jersey" »

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Police officers throughout Ocean and Monmouth County are now using a new device that can scan passersby vehicle license plate numbers in a second and instantly provide the status of your vehicle and information about its owner. With 6 cameras mounted on the roof of the "reader car", information is instantly sent to the dashboard computer screen. If a vehicle warrants stopping, such as a outstanding warrant for arrest, an alert beeps and the officer can initiate a motor vehicle stop. The legality of the instruments usage has already been approved in a recent case, State v. Donis, that held that a police officer may randomly check the status of a vehicle registration or driver's license and whether the vehicle or its plates are stolen. According to one source, there are approximately 1.5 million unregistered or unlicensed vehicles in the State of New Jersey.
The scanners have powerful uses for crimes other then motor vehicle violations enforcement. Each scanner saves the data of license plate numbers it has read. If for example, bank robbers are casing a place for several hours beforehand their plates may be picked up by a police camera. Police are able to fetch this data many days later if need be as evidence to help establish probable cause and other elements of the crime.

Continue reading "Police In Ocean and Monmouth County Can Scan Your License Plate in a Second With New Technology" »

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The everyday traffic stop by a police officer has recently taken a drastic new turn. Implementation of tiny personal cameras pinned onto every police officer in Sea Girt Jersey is sure to create vibrations that will be felt for decades to come throughout New Jersey courtrooms. Created by Axon System the mini cameras are mounted on a headband, eyeglasses, or clipped to the collar of police and are able to record up to six hours of an officer at work. When video is recorded, it is wirelessly uploaded to a website, evidence.com, where it is available for retrieval by an officer with the proper authority. This groundbreaking implementation of technology, already used in Western States, is hoped to lead to better overall law enforcement procedure. In today's highly litigious society where even a simple traffic stop may end up in municipal court, this new upgrade will have untold effects.

The new technology will cost the Sea Girt Police Department about $2,000 per system and $1,200 in annual cost for data storage per unit. Sea Girt, with only 11 police officers, is the first of New Jersey's 566 municipalities to implement the mini cameras but already officials in Morristown and Cape May County have indicated their intent to have them soon. This new technology is possibly a response to the current trend of motor vehicle drivers recording snippets of their traffic stop with a cell phone. Rather than having only 10 seconds of recording, the longer videos will provide greater insight into the specifics of what happened.

Continue reading ""Big Brother" Police in New Jersey Are Watching You!" »

If you have been arrested for any disorderly persons offense in Brick, drunk driving in Brick, or have committed a more serious crime in Brick you need an experienced New Jersey criminal defense attorney that is familiar with the location where your incident took place and will work aggressively to defend your case.

Frequently charged disorderly persons offenses in Brick include: disorderly conduct (N.J.S. 2C:33-2), trespass (N.J.S. 2C: 18-3(b)), criminal mischief (N.J.S. 2C: 17-3), simple assault (N.J.S. 2C: 12-1), fake ID (N.J.S. 2C: 28-7), underage drinking (N.J.S. 2C:33-15), possession of CDS (N.J.S. 2C:35-10), and resisting arrest (N.J.S. 2C:29-2). A conviction for a disorderly persons charge can result in fines, jail-time, and in some cases payment of restitution. There are alternatives available to pleading guilty and defenses that can be argued.

In 2010, there were an estimated 4,000 motor vehicle moving violations in Brick. Some common moving violations in Brick include: speeding (N.J.S. 39:4-98 and N.J.S. 39:4-99), failure to yield to a traffic sign (N.J.S. 39:4-81), reckless driving (N.J.S. 39:4-96), and careless driving (N.J.S. 39:4-97). There were over 300 DWI, DUI and refusals in Brick in 2010. Talk to an experienced Brick criminal lawyer about the circumstances of your motor vehicle violation or drunk driving charge before going to court.

Continue reading "Arrested In Brick? Call An Experienced Brick Criminal Defense Attorney. " »

On July 7th, following a two month long investigation, police officers in Brick, New Jersey made a motor vehicle stop at Route 88 and Younger Street which led to the seizure of 270 bags of heroin and more than $2,000.000 in cash. During the drug bust, police arrested three suspects who were charged with manufacturing, dispensing or distributing heroin, possession of heroin, possession of drug paraphernalia, possession of Suboxone, and possession of methadone.

Being arrested and convicted of a drug offense in New Jersey, such as manufacturing, distribution, or possession, can lead to some very serious and long lasting consequences. The amount and type of drugs involved in the crime will determine whether an individual will be charged with a first, second, third or fourth degree crime, or a disorderly persons offense. Those arrested for first degree drug charges can face up to 20 years in prison, while lesser fourth degree and disorderly persons convictions can carry sentences ranging from 6 months in jail to 18 months in prison.

Where an individual is charged with manufacturing, distributing, or dispensing illegal drugs (N.J.S. 2C:35-5), law enforcement and the prosecutor will focus on the type and amount of drugs involved, the individual's level of involvement in the activity relevant to the charge, the evidence found by the police against the individual, the individual's criminal record, and where the charge occurred (e.g. in a school zone). Depending on each of these factors, the manufacturing charge can lead to anywhere from a first degree charge to a less severe fourth degree crime.

Being charged with possession of illegal drugs (N.J.S 2C: 35-10) can also lead to some very serious punishments. In New Jersey, it is illegal to knowingly or purposefully obtain or possess a controlled dangerous substance. Constructive possession is all that is required to satisfy possession in New Jersey, meaning that an individual need not have the illegal drugs on their person; simply having the drugs nearby in a place that they can easily access them, will suffice. For this reason, during a drug bust almost everyone in the room or vehicle where the drugs are found can be charged with possession, since each and every individual has constructive possession of the drugs being confiscated.

The charge of possession of drug paraphernalia (N.J.S 2C: 36-2) is frequently charged and refers to any equipment used to produce, conceal, or consume illegal drugs. Some of the more common drug paraphernalia found include rolling papers marked with marijuana residue, glass pipes with smoke stains, needles, bongs, roach clips, vials, plastic baggies, and syringes.

There are numerous defenses and mitigating circumstances that an experienced New Jersey criminal defense attorney may be able to uncover in reviewing the facts and circumstances of your drug charge.

Continue reading "Arrested for Illegal Drugs in Brick? Call An Experienced Brick Criminal Defense Attorney" »

With over 75,000 year round residents, Brick Township, New Jersey is a large municipality in Ocean County. Encompassing just over 32 square miles and containing three municipal oceanfront beaches, Brick Township is also large in size. Brick Township is close in proximity to Point Pleasant Borough, Point Pleasant Beach, Brielle, Wall Township, and Toms River. Traffic flows through Brick Township on the busy roads of Route 70, Route 88, Brick Boulevard, and a portion of the Garden State Parkway. As a result of Brick's close proximity to many beachfront towns, Brick Township saw an estimated 313 DWI, DUI, and refusal charges written by police officers in 2010.

Refusal charges have evolved in Brick Township and all throughout New Jersey from years past. Refusal in the past could be used to mitigate the penalties of DWI and DUI. If an individual knew that he was severely intoxicated, he could simply refuse, denying the police officer valid and admissible proof needed at trial for a DWI or DUI conviction. The apparent intoxicated motorist faced penalties much less severe than those of DWI and DUI per se violations.

Today, however, this is not the case. Lawmakers have moved to a stricter standard to reduce the amount of drunk drivers on New Jersey roads. Refusal charges in Brick Township and all of New Jersey carry very harsh penalties almost identical to those of per se DWI and DUI violations with the added burden of the installation of an ignition interlock device. In fact, a first refusal charge will result in the same penalties as an upper tier, first DWI or DUI conviction. Essentially, if you refuse to take a chemical test, the State presumes that you would have blown a 0.10% BAC or above as if you had in fact been tested.

If a Brick Township police officer suspects a motorist of DWI or DUI and wishes the individual to submit to a chemical test, he must read a standard statement outlining the individual's rights and obligations regarding the test. After the officer reads the lengthy statement, he must then ask the individual to submit to the chemical test. If the individual answers with a clear "no", then he/she will be charged with a refusal. If the individual replies with an ambiguous answer, the officer is then required to read an additional legal warning and ask again. If the individuals reply to the second statement is "no" or ambiguous, a refusal may then be charged. To be convicted of a refusal, the State must simply show three things: (1) that an individual was driving a motor vehicle on a public or quasi-public road; (2) that the individual appears to have driven a vehicle or intended to drive a vehicle while intoxicated; and (3) that the individual was requested to submit to a breathalyzer examination/chemical test and refused. As the law is designed, it becomes much easier for the State to convict an individual for a refusal than it is to convict for a DWI or DUI. Given the fact that the penalties are just as severe for refusal as they are for DWI and DUI, you could be making it very easy for the State to remove you from the road.

In addition to a per se refusal, you could even be charged with a refusal if you agree to submit to a chemical breath test. Since the Alcotest® 7110 breathalyzer (use of this device is mandated by the State) is a sensitive device that requires the operator to administer the test very carefully, there are many factors that can render it incapable of obtaining a reading. In order to obtain a proper BAC reading, a certain volume of air must be blown into a tube. If the proper amount is not introduced into the machine, the Alcotest® will not take a reading. Other factors such as moving the tube too quickly or failure to change the mouthpiece after each individual can invalidate a breath test. If you are being administered a breath test and are incapable of breathing the proper volume of air into the machine, you might be charged with a refusal. If there is a medical reason such as asthma or some other pulmonary disorder that you cannot blow the proper volume, evidence of such may be introduced and examined at trial. If, however, the operator or officer believes that you are not making a good-faith effort to perform the test, you could be charged with a refusal. The penalties for refusal include: loss of license for up to 1 year, fine of up to $500.00, the requirement to install an Ignition Interlock Device, program and fee requirements of an Intoxicated Driver Resource Center (IDRC), and other fines and penalties.

Continue reading "Refusal in Brick: Brick DWI Lawyer" »

With over 75,000 year round residents, Brick Township, New Jersey is the second largest municipality in Ocean County. Encompassing just over 32 square miles and containing three municipal oceanfront beaches, Brick Township is also large in size. Brick Township is close in proximity to Point Pleasant Borough, Point Pleasant Beach, Brielle, Wall Township, and Toms River. Traffic flows through Brick Township on the busy roads of Route 70, Route 88, Brick Boulevard, and a portion of the Garden State Parkway.

Given the large population it is no surprise that an estimated 636 disorderly persons offenses were written in Brick Township in 2010 alone. Disorderly persons offenses are a general category of offenses that include: disorderly conduct (N.J.S. 2C:33-2), trespass (N.J.S. 2C: 18-3(b)), criminal mischief (N.J.S. 2C: 17-3), simple assault (N.J.S. 2C: 12-1), fake ID (N.J.S. 2C: 28-7), underage drinking (N.J.S. 2C:33-15), possession of CDS (N.J.S. 2C:35-10), and resisting arrest (N.J.S. 2C:29-2). Penalties include possible jail-time, fines and other fees, and possible payments of restitution.

In addition to disorderly persons offenses Brick Township saw an estimated 4,000 motor vehicle violations in 2010 as well as 313 DWI, DUI, and refusal charges written by police officers. Brick Township Police Officers most often write tickets for: speeding (N.J.S. 39:4-98 and N.J.S. 39:4-99), failure to yield to a traffic sign (N.J.S. 39:4-81), reckless driving (N.J.S. 39:4-96), and careless driving (N.J.S. 39:4-97).

Continue reading "Brick Township Criminal Lawyer: Brick Township Municipal Court" »