New Jersey Criminal Lawyers Blog

In a recent vote by the borough's council, Point Pleasant Beach Bars will have to close their doors at midnight instead of 2:00 am. The Associated Press reports, "... as it stands now, the bars have to shut down at midnight effective July 1, yet they have no mechanism to buy themselves more time to stay open." Homeowners cited excessive noise, intoxication, and overall rowdy behavior of bar patrons as their primary reason for wanting the bars to shut down early. The problem, however, is that the closing time of Martells, and Jenks will not stop the behavior associated with leaving the bar after a night of drinking. Point Pleasant Beach police officers have a tough job of controlling the mass exodus of intoxicated young adults and often write charges for disorderly conduct, resisting arrest, and simple assault (all of the above are classified as disorderly persons offenses) to control and deter destructive behavior.

Disorderly Conduct, Simple Assault, and Resisting Arrest Often Go Together

You could in fact be charged with disorderly conduct, resisting arrest, and simple assault simultaneously as you are leaving a popular bar. For example, you may have been involved in an altercation with someone who knocked over your drink. As you confront the person and begin shouting or yelling curse words, the police may already have enough to charge you with disorderly conduct. If the confrontation escalates and you place your hands on another, the Point Pleasant Beach police officer may have seen enough to charge you with simple assault as well. If the officer attempts to break up the altercation, and you resist him from restraining you, you can also be charged with resisting arrest.

Continue reading "Point Pleasant Beach Bars to Close at Midnight; Disorderly Conduct Will Still Be a Problem " »

On Saturday, May 5th a 15 year old male was charged with posession and distribution of marijuana after he was arrested at a house party in Dover Township. The arresting office Michael Pier, was responding to a report of a loud party at a Prospect Street residence. The 15 year old was found to have 11 bags of Marijuana and three Marijuana cigarettes. He was released to the custody of his mother and charged with distribution of drugs, possession with the intent to distribute and possession with intent to distribute within a school zone.

Marijuana is defined under the New Jersey Code of Criminal Justice 2C: 35-2 to mean all parts of the plant Genus Cannabis L., whether growing or not; the seeds thereof, and every compound, manufacture salt, derivative, mixutre, or preparation of such plant or its seeds.

Distribution of drugs is a crime under New Jersey Code of Criminal Justice 2C: 35-5. The law states that it is unlawful for any person to "create, distribute, or possess or have under his control with intent to distribute , a counterfeit controlled dangerous substance.

Continue reading "15 Year Old Arrested For Dealing Marijuana in Dover Township" »

Unless a police officer has probable cause to believe that your car contains contraband or evidence of criminality, he cannot search your car without a warrant. This is due to the 4th Amendment to the U.S. Constitution, which protects citizens against unreasonable government searches and seizures. While 4th Amendment protections are relaxed whenever one drives on a public road or highway, law enforcement officers are still required to obtain a warrant from a judge before lawfully searching a car. A warrant will only be issued if the arresting officer is able to swear to the existence of specific facts or information that the judge finds gives rise to probable cause. While difficult to define, probable cause generally means a "well grounded suspicion that a crime has been or is being committed." It is more than "mere naked suspicion but less than legal evidence necessary to convict."

Thus, if you are pulled over and a police officer asks to search your car, you are well within your rights to say "no." If the officer proceeds to conduct a search in the absence of your consent and without a warrant, then this search is presumed to be illegal unless the officer is able to prove that a specific exception applies. The law provides for many exceptions (such as "plain view", "border search", and "incident to a lawful arrest") but the most commonly invoked exception when it comes to searching a car on a public highway is the "motor vehicle exception." Under Federal law, this exception allows a motor vehicle to be searched without a warrant so long as there is probable cause to believe the vehicle contains either contraband or evidence of criminality. On the other hand, New Jersey's version of the exception offers more protection to individuals by requiring an officer to demonstrate more than just probable before conducting a lawful search of your vehicle.

In New Jersey, a warrantless search of your car is lawful if and only if three specific conditions have been met:
1)The stop of the vehicle must be unexpected.
2)There must be probable cause to believe that the vehicle has contraband or some other evidence of criminality.
3)There must be exigent circumstances that would make it impractical to obtain a warrant.

The unexpected stop requirement means that the police cannot conduct a search of your car without a warrant unless the stop was made because of some unforeseen and spontaneous reason (such as for a traffic violation). In other words, the police cannot search your car without a warrant if they had been planning to do so ahead of time. This prevents the police from simply using the motor vehicle exception as a shortcut around obtaining a warrant by waiting for you to enter your car. As discussed above, the probable cause requirement means that the police must have more than just a hunch before searching your car--they must be able to reference specific facts or evidence that gives them a well grounded reason for believing that some sort of criminality has taken place. Finally, the exigent circumstances requirement means that the officer must be able to prove that the circumstances surrounding the search made it impractical or unrealistic to obtain a warrant before conducting the search. In order to meet this requirement the officer has to prove that circumstances made it very difficult to obtain a warrant at the time of the search or that the evidence was likely to disappear before a warrant could reasonably be obtained. Whether the circumstances are exigent will depend on various factors such as the time of day, the ratio of officers to suspects, and how likely it is that the contents of the car could be tampered with or removed.

If all of these conditions are met, then a police officer can lawfully search you car without a warrant. However if an officer conducts a search without a warrant and there is any question as to whether these conditions are present, then the search may be illegal. Any evidence obtained as a result of an illegal is not admissible in a court of law and must be thrown out. Thus, it is important to know when warrantless searches are permitted under the law because even if officers find contraband in your vehicle, this evidence can be thrown out if your attorney is able to prove that the search was not properly conducted.

Continue reading "Do Police Officers Need a Warrant to Search My Car?" »

If a police officer smells marijuana coming from your car during a traffic stop, whether or not he is lawfully permitted to search your vehicle is heavily dependent on the circumstances of the individual case. The 4th Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures by the government or law enforcement. However there are exceptions to this general rule including the so-called "motor vehicle exception." Under federal law, this exception means that law enforcement officials cannot search your car without a warrant unless there is probable cause to believe that a search would reveal either contraband or evidence of criminality. However New Jersey law makes it tougher for police officers to conduct a search. In New Jersey, a warrantless search of your car is lawful if and only if three specific conditions have been met:

1. The stop of the vehicle must be unexpected.


2. There must be probable cause to believe that the vehicle has contraband or some other evidence of criminality.


3. There must be exigent circumstances that would make it impractical to obtain a warrant.

The unexpected stop requirement means that the police are only allowed to search your car if the stop was made for an unforeseen and spontaneous reason (such as for a traffic violation). Probable cause is difficult to define but is often referred to as a "well grounded suspicion that a crime has been or is being committed." In other words, it requires an arresting officer to have more than just a hunch before searching your car--they must be able to reference certain facts or evidence that gives them a reason to believe that some sort of criminality has taken place. Finally, the exigent circumstances requirement means that the officer must be able to prove that the circumstances surrounding the search made it impractical or unrealistic to obtain a warrant before conducting the search. In order to meet this requirement the officer has to prove that the circumstances made it very difficult or impossible to obtain a warrant at the time of the search or that the evidence as likely to disappear before a warrant could be obtained. Whether the circumstances are exigent will depend on various factors such as the time of day, the ratio of officers to suspects, and how likely it is that the contents of the car could be tampered with or removed.

Because of these restrictions, the first thing a police officer will do if she smells marijuana coming from your car during a traffic stop is ask for your consent to search the vehicle. You are well within your rights to say "no." If you do not consent to the search, she is not allowed to search your vehicle without a warrant unless the above three conditions are met. Whether a judge would find that these conditions have been met is hard to predict and extremely dependent on the facts of the individual case. For instance, in a 2009 case, State v. Pena-Flores, a police officer smelled marijuana coming from a car after pulling the driver over for a traffic violation later at night. The police officer was not able to see any contraband in plain view, but after opening the passenger door he found two clear bags of marijuana on the floor. The New Jersey Supreme Court determined that this search was constitutional despite the fact that it was conducted without a warrant. They found that the probable cause requirement was met when the officer smelled marijuana and that the need to conduct the search was exigent because the car was pulled over late at night and it would not have been possible to obtain a warrant at that time. In a similar case from 2010, State v. Pompa, a police officer pulled over a tractor-trailer on I-78 at 8:30 in the morning and was struck by the smell of 20 air fresheners hanging in the cab. Upon lawfully entering the cab he smelled marijuana coming from the sleeper compartment. He decided to search the sleeper compartment, where he uncovered 30 pounds of marijuana hidden in a closet. The Appellate Division found that this search was illegal and did not allow the evidence of the marijuana to be used against the driver. While the smell of marijuana represented probable cause, the search did not meet the exigency requirement because there was no danger that the evidence was going to disappear. The fact that the search was conducted at 8:30 in the morning meant that he should have been able to obtain a warrant before conducting the search.

Thus, if an officer smells marijuana from your car during a traffic stop there is a good chance that this will be found to represent probable cause for a search of the vehicle. However the existence of probable cause alone is not enough to search a car without a warrant in New Jersey--there must also be an exigency which makes it impractical or impossible to obtain a warrant at that time.

If an officer conducts a search without a warrant and there is any question as to whether these conditions are present, then the search may be illegal. Any evidence obtained as a result of an illegal is not admissible in a court of law and must be thrown out. Thus, it is important to know when warrantless searches are permitted under the law because even if officers find contraband in your vehicle this evidence can be thrown out if your attorney is able to prove that the search was not properly conducted.

Continue reading "What if a Police Officer Smells Marijuana From My Car During a Traffic Stop?" »

In 1970, the federal government passed the Controlled Substances Act in order to regulate possession of illicit drugs in the United States. This law created a classification system that assigns all Controlled Dangerous Substances (CDS) into one of five categories (Schedules) based on various considerations such potential for addiction, accepted medicinal uses, and general risk to health. Substances presenting a great risk of addiction and little to no accepted medical usage are classified in Section I, while relatively less dangerous drugs with greater accepted medical use are assigned to Schedule V. Cocaine is classified as a Schedule II drug due to its highly addictive nature and its very limited use in the medical profession.

Convictions for cocaine possession are among the most common drug-related offenses in New Jersey. Cocaine is typically possessed in one of two forms: in a powder form ingested by snorting through the nose or in a processed rock form known as "crack" that is heated up and smoked. In 1987, New Jersey passed the Comprehensive Drug Reform Act in order to "ensure the imposition of stern, consistent punishment for all drug offenders." The section of the statute that regulates cocaine possession in New Jersey is 2C:35-10, which states that it is illegal for anyone "knowingly or purposely, to obtain, or to possess, actively or constructively, a controlled dangerous substance." A person "purposely" possesses cocaine whenever it was his goal or objective to have the drug, and he is deemed to "knowingly" possess cocaine whenever he is virtually or practically certain that he is in possession. This language is important because it means that you can be convicted of cocaine possession even if you were not 100% certain that what you had in your possession was an illegal drug. In other words, if you are handed a suspicious white powder that you think might be cocaine, you cannot argue that you were unaware it was actually cocaine by simply remaining ignorant of that fact. All the state has to prove is that you were aware that there was a good chance that the substance you possessed was cocaine and that you failed to get rid of it in a timely manner.

Penalties under NJ 2C:35-10 depend on where the person is arrested and the quantity of cocaine in his or her possession. Possession of less than a half an ounce (even only trace amounts) is a third degree felony offense punishable by up to 5 years in prison and a fine between the amounts of $1,000 and $35,000. In addition, there is a mandatory forfeiture of driving privileges for at least 6 months and up to 2 years. Possession of more than half an ounce will lead to significantly harsher punishment because you are presumed to be in possession with intent to distribute, a much more serious offense than simple possession. Possession of a half an ounce to 5 ounces of cocaine is punishable by up to 10 years in prison, while possession of 5 or more ounces can result in a prison term of up to 20 years. Finally, penalties and fines can be significantly harsher if you are convicted near a school zone or in a public park.
If charged with simple possession of less than a half an ounce of cocaine, you may be subject to a range of penalties depending on whether or not you have any prior convictions for a drug or felony offense on your record. If you are a first-time offender charged with simple possession of cocaine, you will typically be allowed to apply for a Pre-Trial Intervention (PTI) program. Acceptance into this program will allow you to enter a drug treatment program instead of the standard court proceedings or trial. Successful completion of the program can lead to a dismissal of charges and no conviction on your record. On the other hand, you are charged with possession of cocaine and this is not your first drug or felony offense, then the chances that you will be permitted to enter a PTI as a substitute for trial are very slight. Any conviction for a drug-related offense remains on your record for 10 years, and carries a mandatory license suspension of at least 6 months and up to 2 years.

Continue reading "Cocaine Possession" »

After a month of nearly a dozen car break-ins, Matthew Mennillow, 31 of Toms River, and Lisa Clayton, 25, of Berkeley were arrested in Manchestor on nine counts of burglary, theft, and a count of criminal attempt to commit burglary.
According to the police report, all of the vehicles were unlocked and the suspects are accused of stealing about $1,800 in property. Most of the property consisted of cash, credit/debit cards, and GPS units. Police used surveillance video to find Mennilow and Clayton.

A burglary occurs when one 1) breaks into and 2) enters 3) a building or car 4) without consent and 5) with the intent to commit a felony or steal property.
In early common law, burglarly laws applied only to homes and only if it occurred at night. Under current law however, burglary laws have extended to many structures, even portabe ones like cars, boats, and mobile homes. Furthermore, burlarly used to require a forcible breaking and entry. Thus, under common law the two defendants discussed above would not have been able to be found guilty because the cars were unlocked. Under modern law any entry can constitute burglary, For example, even if the car windows were rolled down and the defendants simply put their arm through the window to grab the property it would still constitute burglary (assuming all of the other elements of the law are met)

Continue reading "Theft of Property in Unlocked Cars in Rumson Leads to Burglary Charges, Lack of Force Entry Does Not Negate the Crime." »

Burglary is an increasingly common crime in Monmouth County during these rough economic times. As reported in the Asbury Park Press, a Rumson man was caught by the police shortly after his burglary attempt was ruined by the person inside the home. After David Wilt, 20, broke into a Hance Road Home at about 3:30 P.M. on Monday, April 16 he was confronted by someone in the house and fled. As he fled he left some debris behind and the victim was able to record Wilt's license plate number as he fled down Evergreen Drive in Rumson. After calling the police and providing the license plate information, Detective Dykstra tracked down and charged him with burglary, theft, possession of a controlled dangerous substance, forgery of prescription blanks, possession of stolen property, leaving the scene of a motor vehicle accident, and failure to report a motor vehicle accident. Will has posted $7,500 bail and was released from jail.

Burglary is well known as the crime of "breaking and entering." There is a common misconception that burglary means breaking and entering in order to steal, but in actuality it is any breaking and entering with the purpose to commit any crime. It just so happens that most burglaries are committed with the intent to steal. It is estimated by the FBI that approximately 2 million burglaries occur annually. This means that on average, a burglary occurs every 14.16 seconds, or 6,101 times per day. Most burglaries are of the home, taking place between the hours of 10AM and 3PM, and results in theft of items. The items most frequently stolen are electronics, jewelry, cash, firearms, and silverware. 85% of burglars are male.

In New Jersey, a person is guilty of burglary if he enters any structure or part of a structure that is secured, with the intent to commit a crime (or other offense), and he has no right, privilege, or license to be there. It is also burglary for a person to secretly remain in a secured structure in order to commit a crime or offense. Trespassing with this same intent to commit a crime or offense on utility company property where public notice prohibiting trespass clearly is given is also considered burglary. New Jersey law specifies that breaking into or remaining in a research facility with the intent to commit an offense is burglary as well.

Burglary is a crime of second degree if "in the course of committing the offense," the actor inflicts, or threatens to inflict bodily injury on anyone; or is armed with or displays what appears to be explosives or a deadly weapon. In any other case burglary is a crime of third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

One can also face a fourth degree charge if he or she knowingly or purposefully manufactures tools, machines, or other devices made in order to assist in the crime of burglary. This charge applies to even print material, including instructions or plans that specify how to use or make tools for the purpose of burglarizing. The mere possession of such materials will be considered a disorderly person offense.

Continue reading "Burgularly in Rumson, Monmouth County Legal Explanation of the Crime" »

Vandalism is one of the most common crimes at the Jersey Shore, especially in the summer months. Recently, police nabbed 5 people who had been terrorizing several Monmouth County towns for almost a year. Police Officials in the towns of Brielle, Atlantic Highlands, Howell, and Spring Lake recorded approximately 150 reports of rocks being thrown through car and living room windows over the year.

Police responded to a 12:15 a.m. report of rocks being thrown through the windows of a car and home on Pitney Avenue, in Spring Lake. As the two police officers arrived on scene, a group on people were surrounding a SUV. Plainly visible from the outside were piled of rocks scattered on the seats and floors of the truck. All 5 suspects, ages ranging from 17-24, were arrested and charged with various counts of criminal mischief or other summons. Residents throughout Monmouth County should be delighted by the news as many felt helpless to stop such seemingly random acts throughout the county.
A charge of criminal mischief may result if an individual is thought to have caused damage to property belonging to someone else, for instance, a local businesses or private residence. The charge is usually written when a person purposely or knowingly damages the tangible property of another person or recklessly/negligently causes property damage in the employment of a fire, explosives, or other dangerous means.
Many acts can constitute criminal mischief. Some of these acts include damaging or defacing property, such as cars, trucks, buildings, and private residences (this includes rental property); interrupting a public communication, transportation, or supply of oil, water, gas or power; and tampering with a grave, headstone, crypt, or mausoleum. Other acts include destroying or tampering with signs, signals, or lights located on public streets and airports.

The degrees of offenses affiliated with criminal mischief are very fact specific. The facts of an individual's case will dictate what degree of the offense one may be charged with.
A charge of the disorderly persons offense of criminal mischief in New Jersey will result if one has damaged or destroyed the personal property of another in the amount of $500.00 or less. The value of the damage is determined by the fair market value of the property allegedly destroyed. If convicted of the disorderly offense of criminal mischief, one will typically face the standard disorderly persons penalties and will be ordered to pay restitution for the damaged caused. If the damage is found to be greater than $500.00, however, the charge is no longer a disorderly persons offense, and elevates to a much more serious, indictable offense.

An individual may be charged with an indictable offense of the 2nd degree if the damage done recklessly causes death. If one is found guilty of this 2nd degree offense, the result may be a substantial prison sentence.
An individual may be charged with the indictable crime of criminal mischief in the 3rd degree if he/she has purposely or knowingly caused damage that exceeds $2,000.00. One may also be charged of the crime of the 3rd degree if, in certain situations, bodily injury is caused to another person. If one is found guilty of a 3rd degree offense, they may face a prison sentence.

A charge of criminal mischief in the 4th degree may result if an individual has caused damage that is valued between $500.00 and $2,000.00. If one is found guilty of a 4th degree offense, they may face a prison sentence as well.
A type of criminal mischief that is frequently seen in New Jersey is when one purposely, knowingly or recklessly tampers with the property of another, including the rental premises by a tenant in retaliation for evictions proceedings. This aspect of the offense is personal to homeowners and landlords in Ocean and Monmouth Counties who rent their homes to vacation-goers during the summer season. If the homeowner/landlord decides to evict the tenant and the tenant damages the property in retaliation, the homeowner/landlord may bring a claim of criminal mischief against the tenant and recover the cost of the damage.

Charges and convictions involving an act of graffiti frequently fall under the criminal mischief offense as well. The repercussions that may flow as a result of this conviction include paying the monetary value of the amount the damage caused, performing community service for no less than 20 days or not less than the amount of days required for the removal of the graffiti from the property

Continue reading "5 Charged With Vandalism & Criminal Mischief; Connected to over 150 Police Reports of Broken Windows " »

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" »

In what Toms River Police Officers are calling a drug deal gone awry, 4 young adults found their way to Ocean County jail on $75,000 bail. Responding to a call by the victims, Toms River Police Officers sped to the Ocean County Mall parking lot. Once they arrived, Police questioned the victims and were told that two suspects had entered their automobile, stole a bottle of prescription cough syrup with codeine, and their cell phones. The victims then told police that they had chased the suspects to their car and confronted them. The suspects then produced a black semi-automatic weapon, which forced the victims to back off and head for their own car. Police located the suspect's vehicle, questioned them, and searched them. The search produced the weapon, the cough syrup, and marijuana. When the suspects were questioned, police determined that the "victims" in fact were attempting to sell the prescription cough syrup and arrested all 4 individuals involved.

Toms River Police Chief Mastronardy said in a statement that this was the fourth armed robbery dealing with narcotics in the last month reported to the police. Multiple charges will most likely be levied against the defendants including armed robbery and sale or possession of CDS. Armed robbery is a very serious crime in New Jersey. In this case, the two young men who brandished a semi-automatic weapon in the course of the robbery will most likely face a crime in the 1st degree, punishable by up to 10 years in prison, probation, and heavy fines and other penalties. The buyers and sellers in this most recent transaction will also most likely be charged with a 2C: 35-5 violation (Manufacturing, Distributing, or Dispensing.) The drug in question (cough syrup containing codeine) is listed as a Schedule 3 drug in New Jersey. This translates to a crime in the 3rd degree, punishable by up to 5 years in prison, probation, and up to a $25,000 fine along with other administrative fees.

Continue reading "Ocean County Criminal Defense Attorneys: This Flu Season, Don't Sell Your Prescription Cough Syrup; You Could Get Into Serious Trouble and Put Yourself In Harms Way!" »

In a recent New Jersey Appellate Division case, the three Judge panel concluded that cellular telephone location searches are valid according to the Constitution of New Jersey. State of New Jersey v. Thomas W. Earls, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, DOCKET NO. A-2084-07T4, decided July 11, 2011. According to police officers, a cell phone signal was used to track a suspect from a string of burglaries. The signal could not lead them directly to the suspect; it could only point them in a general area. Once the general area was determined, police then had to move in and physically search for the suspect.

The suspect in this case, as mentioned, was involved in a number of burglaries and police officers were eager to track him down. One of the reported victims told police that the suspect had stolen his cellular phone. The police then obtained a cell phone data warrant and located the phone. The new "owner" of the stolen phone was arrested but was not the suspect the police were seeking. The new owner knew the suspect and told police that he had a storage unit with his quasi-girlfriend where he kept stolen property. Armed with the identity of the sometimes girlfriend, Middletown Police located her for questioning. The girlfriend led police to the storage unit and signed a release for the storage company to break the lock of the storage unit. When inside, Middletown Police found a number of stolen items leading police to obtain a warrant for the suspect's arrest.

Armed with a warrant for the suspects arrest and concern for the suspect's girlfriend's safety, the police began to aggressively search for him. Middletown Police Officers contacted T-Mobile, the suspect's cell phone carrier, and asked them to locate the suspect. T-Mobile stated that they could not provide police with an exact location, but could give them a general area to search. Although there were a series of misses, police eventually located the suspect at a hotel in Howell on Route 9.

Once inside, police officers presented the warrant and made the arrest. Officers later testified that they had taken a flat screen TV from the room as well as other merchandise because it was "in plain view", not requiring a separate warrant. During the "plain view" search, the officers took a suitcase and later asked the suspect if they could go through it. He consented and officers found more stolen goods and an undisclosed amount of marijuana. The suspect was indicted for: burglary (N.J.S.A. 2C: 18-2), theft of moveable property (N.J.S.A. 2C: 20-3(a)), receiving stolen property (N.J.S.A. 2C: 20-3(a)), and possession of marijuana (N.J.S.A. 2C: 35-10(a)(3)).

On appeal, the defendant alleged a constitutional violation of his right to privacy. His main argument was that police officers obtained information from his cell phone carrier, without a warrant, to locate him. The defendant claimed he was the victim of an illegal search and seizure. The Court had to decide if the search was violative of Article I, paragraph 7, of the New Jersey Constitution, which protects citizens of New Jersey from illegal search and seizure. The Court determined that the defendant's rights had not ultimately been violated because (1) the cell phone trace did not lead the police directly to him (only a general area), and (2) the use of a tracking device (in this case a phone) tracked the defendant through public roads and highways where there is no reasonable expectation of privacy. There are a string of cases the court used to affirm their decision that essentially state the same principle. In this case, the Appellate Division upheld the lower courts ruling and the defendant's convictions did in fact stand.

Continue reading "Cell Phone Triangulation NOT Violative of New Jersey Constitution! Call an Experienced NJ Criminal Defense Attorney to Discuss your Case! " »

What many might not know, is that Monmouth County and all New Jersey law enforcement officials have an obligation and have been authorized to communicate with U.S. Immigration and Customs Enforcement (ICE) during certain arrests and violations. It might be obvious to most that immigration status and citizenship must be verified if an individual commits a serious or violent indictable offense in Monmouth County. But what is not immediately obvious is that an individual being pulled over and charged with driving drunk or driving while intoxicated in New Jersey can be deported as a result of the report to ICE.

In general, immigrants to the United States can be deported for a number of reasons including criminal activity, violent crimes, and marriage fraud. In 2007, now former Attorney General of New Jersey, Anne Milgram wrote and circulated "Attorney General Law Enforcement Directive No. 2007-3." In the Directive distributed to New Jersey law enforcement officials including Monmouth County, Ms. Milgram charged the State that officers should, "Necessarily and appropriately inquire about a person's immigration status under certain circumstances." One particular circumstance enumerated in the Directive is, "The arrest of undocumented immigrants for indictable offenses AND driving while intoxicated [violations]." It charges that if an arrest is made in conjunction with a DWI, the arresting officer must inquire about the immigrant's status and if appropriate must report it to ICE. This could ultimately lead to a deportation if a conviction for DWI is sustained and possibly even if it is not.

Some recent statistics have circulated via the Associated Press indicating that deportations due to DWI are significantly on the rise. In 2010, there were just about 393,000 deported individuals. Of those deported, an estimated 27,635 or 7 percent were deported due to DWI related incidents. In short, the Directive seems to have taken full effect. On it's face, the policy seems fair and just, but people are urged to keep in mind that New Jersey does not consider a DWI related offense a criminal offense as some other states do.

A conviction for a DWI, DUI, or refusal can lead to very severe penalties. For a first conviction of DWI in Monmouth County, an individual faces heavy fines and other fees, jail time, loss of their driver's license for up to 1 year, participation in an Intoxicated Driver Resource Center program, and the possible installation of an ignition interlock device. If an individual has a questionable immigration status, he or she could be facing deportation as well! Any non-citizen DWI offenders are encouraged to contact an experienced immigration attorney in addition to a Monmouth County DWI lawyer.

Continue reading "Deportation Due to a NJ DWI is on the Rise; Call a Monmouth County DWI Lawyer to Defend Your Case!" »

A relatively new epidemic has hit Ocean County, Monmouth County, and all of New Jersey in a strong way. The sale and use of Heroin has been on the rise in suburban and rural neighborhoods in relatively affluent areas throughout Monmouth County and Ocean County. A recent Asbury Park Press article follows the story and timeline of the drug abuse of a young man addicted to drugs and the drug culture since the age of 13. The story is rather alarming and at times difficult to read. The young man was a bright student at Southern Regional High School in Stafford Township, New Jersey. Being interested and excelling in science subjects such as chemistry and biology, teachers recommended that he enroll in Rutgers University's Pharmacy School. What his High School teachers did not realize was that he already was getting a "street" education on drugs. The young man started experimenting with drugs around the age of 13 with the gateway drug of marijuana. From there, it was a spiral downward including LSD, Ecstasy, and then on to opiate derivatives and other strong prescription drugs such as OxyContin, Percoset, and Vicodin.

The young man explains how he got accepted to Rutgers' Pharmacy program and how he continued his habit through school. While at Rutgers, he found other people immersed in the drug culture and noted that they all seemed to be from families who had money. The traditional image of drug abuse more or less is seen as dirty crack-houses, dark allies, and pushy drug dealers with guns in dangerous cities such as Newark and Camden. This image drastically changed during the prescription drug revolution of the early 2000's. Young people could acquire drugs in their own backyards. Neptune and Tinton Falls became a breeding ground for drug abuse and trafficking. In fact, Neptune Police confiscated 5,000, 5-ounce bags of heroin ready for sale during a routine traffic stop. This news sent shockwaves through Monmouth County and Ocean County.

So why heroin? The young man explains that it was much cheaper than designer prescription drugs. He could acquire a bag of heroin (he was up to 50 bags a day at one point) for as cheap as $4.00 a bag while prescription drugs could range anywhere from $25.00 to $50.00 per pill. The availability and cost of heroin was a welcome surprise to which the young man and many others took advantage of. According to those in the heroin drug culture, most started by stealing prescription drugs from their parents medicine cabinets and buying pills from New Jersey housewives looking to make money. When the costs had risen and the supply dwindled, they were left with no choice but to snort or shoot heroin.

The Asbury Park Press article also brings to light the legal ramifications of possessing, distributing, and trafficking of heroin and other drugs. With law enforcement officials aware of the troubled areas and making every effort to crack down, those involved in the culture will inevitably suffer the consequences of the law. There are a number of New Jersey Statutes that an offender could be charged with and later convicted of. The most common drug charges in New Jersey include N.J.S. 2C:35-10; Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition. If an individual possesses, uses, or is found under the influence of a drug or its analog, listed on a very comprehensive schedule broken into 5 parts, he or she can be convicted of a 3rd or 4th degree crime depending on which part of the schedule the controlled dangerous substance (CDS) appears. If the CDS appears on parts one through four of the schedule, the individual will be charged with a 3rd degree crime. Penalties for a 3rd degree offense include a fine of up to $35,000.00, imprisonment of between 3 and 5 years, community service, and court costs and other fees.

Of course, every incident is different and there are factors surrounding an arrest that could allow the prosecutor to charge and individual with a 1st or 2nd degree criminal offense as well. If an individual was caught with a CDS on part five of the schedule, he or she will be charged with a crime in the 4th degree. Penalties for a conviction can include a fine of up to $15,000.00, imprisonment of up to 18 months, community service, and court costs and other fees. If an individual is caught with under 50 grams of Marijuana or under 5 grams of Hashish, he or she will be charged as a disorderly person, not as a 3rd or 4th degree criminal. Penalties for a disorderly persons offense include a fine of up to $1,000.00, up to six months in jail, community service, and court costs and other fees.

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There have been a string of volatile incidents that have occurred in Seaside Heights this summer. From drug arrests, to traffic violations and DWI's, Seaside Heights is quickly becoming a hotbed of police activity. According to a July 18th news story, 6 people from Brooklyn were arrested following what Seaside Heights Police called a "melee". The large fight broke out near Hancock Avenue and Ocean Terrace just around 1:30 am. For fear of not being able to stop the fight, Seaside Heights police officers called in for backup before stepping in. Once the dust had settled and the fight was contained, 6 people were arrested on disorderly conduct charges and some were additionally charged with resisting arrest.

Seaside Heights police officers have been working hard to keep order in the shore town, but have met some serious challenges. People may recall an even bigger fight that broke out earlier this summer to which Seaside Heights police officers were forced to close down the entire boardwalk. The most common charges during that fight were also disorderly conduct and resisting arrest.

Both disorderly conduct and resisting arrest are classified as disorderly persons offenses. A conviction for a disorderly persons offense can carry up to a $1,000.00 fine, community service, up to 6 months in jail, payments of restitution for damage to property, and other fines and penalties. Disorderly conduct (N.J.S. 2C: 33-2) encompasses (1) fighting, (2) threatening, (3) violent or tumultuous behavior, (4) creating a hazardous or physically dangerous condition, (5) and engaging in unreasonably loud or offensive or abusive language. Disorderly conduct charges are written quite often by Seaside Heights Police Officers because of its broad nature. A fight described as a "melee" fits very nicely into the charge. Also, leaving a bar intoxicated and yelling at a friend as you leave can also fall under the disorderly conduct umbrella.

Another common charge written in Seaside Heights is resisting arrest (N.J.S. 2C: 29-2.) The statute outlines a few scenarios where it might be used. First, if an individual is approached by a police officer and he or she purposely prevents or attempts to prevent that officer from making the arrest, the individual will be charged as a disorderly person. Second, if an individual attempts to elude a Seaside Heights Police Officer by running or escaping, he or she can be charged with a 4th degree crime. Third, if an individual uses or threatens to use physical violence against the Seaside Heights Police Officer to try and prevent the arrest, he or she can be charged with a 3rd degree crime. Most often, however, resisting arrest in Seaside Heights will lead to a disorderly persons charge. For example, if an individual is engaged in a fight with another and a Seaside Heights Police Officer approaches from behind to try and arrest the individual and the individual unknowingly swats the officers hand away, he or she can be charged with resisting arrest even though there was no indication that it was an officer attempting to abate the situation and not just another by-stander.

It is important to remember that there might be a way to mitigate your charges in Seaside Heights Municipal Court. If the officer acted improperly or did not follow protocol during your arrest, there is a possibility of the charges being either dismissed or a plea agreement being negotiated. Knowing your rights is an important step in the judicial process; don't just plead guilty and pay the fines as this could leave a blemish on your otherwise clean record.

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Now that summer is in full swing, most people like to take advantage of the great weather during the day and the local bar scene at night. Unfortunately, many of those people are not of legal age to drink alcohol and frequent the bars. For years, underage individuals have been trying to get their hands on "good fakes" in order to purchase alcohol, tobacco, and to gain entrance into the popular bars. It seems as if underage individuals on Long Beach Island (LBI) got their wish and then suffered the consequences of their quest to find a "good fake". Recently, three underage individuals were caught trying to gain entrance to the Sea Shell Hotel and Bar using a fake ID. Owner, John Hughes thought the ID's were suspicious and called police. Police described the fake ID's as something new.

Although police have not commented further, there seems to be a trend of new fake ID's. A website based in China claims to sell fake ID's that will scan, pass a UV test, and have all the necessary holograms to pass muster. Recent alcoholic beverage industry articles have made individual bar owners, operators, and police officers aware of this trend and are urging that they take further precautions encouraging more rigorous inspection. The recent articles also encourage bar owners to purchase a relatively inexpensive book titled The Drivers License Guide, which has pictures of each states' true drivers' licenses and what to look for to spot a fake. This heightened awareness will most likely lead to more fake ID charges written by police officers.

Although most underage individuals view having and using a fake ID as harmless, a conviction for such can be extremely damaging and can result in severe penalties. If you are caught in possession of or in the process of using a fake ID, you can be charged with a disorderly persons offense or an indictable offense (N.J.S. 2C: 21-2.1). A "fake ID" can be a falsified drivers license, birth certificate, or any other falsified government document. Usually, fake ID's are used to verify age or identity for the purposes of obtaining controlled substances such as alcohol and tobacco products. If the person using the fake ID is the only person deriving the benefit of it, then more often than not it will be charged as a disorderly persons offense. However, if you tamper with any public record, the penalties can follow those of indictable offenses of the 3rd and 4th degree. If the underage person is charged with a disorderly persons offense, they could face: jail time, a $1,000.00 fine, a permanent record, and community service. However, if they are charged with a more serious 3rd or 4th degree offense, they face a possible prison sentence, higher fines, probation, and other severe penalties.

If the underage individual did use a "good fake" to obtain entry to a bar or to purchase liquor products and is caught in possession of the ID and alcohol (such as drinking in a bar), you can be charged with both a fake ID violation and an underage drinking violation. Any person, who is under the legal drinking age of 21, can be charged with the disorderly persons offense of underage drinking (N.J.S. 2C: 33-15) if caught consuming alcohol. These offenses are usually written at loud house parties, street festivals, bars, or any place of public assembly. Conviction of the underage drinking offense will result in a fine of no less than $500.00. If the underage person is found with alcohol in a motor vehicle, he or she could have their license either suspended or postponed for up to 6 months.

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