New Jersey Criminal Lawyers Blog

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." »

Contact a Seaside Heights Criminal Defense Attorney if you need help.
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!" »

Manchester Township, New Jersey is a large township in western Ocean County comprised of over 82 square miles and just over 43,000 residents. Manchester Township, dubbed "the great pine city," is home to campgrounds, creeks, lakes, and many other outdoor activities. Harry Wright Lake, located in the Whiting section of Manchester, is a popular summertime destination. There are many events held on the lake such as concerts and festivals. Manchester is also home to the Lakehurst Naval Base, of Hindenburg fame. Manchester borders Toms River, Lakehurst, Jackson, and New Egypt.

In 2010, Manchester Township saw an estimated 290 disorderly persons offenses written. A disorderly persons offense is a general category of offenses punishable by fines, jail-time, community service, and payments of restitution. Commonly written disorderly persons offenses 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).

In addition to disorderly persons offenses, Manchester saw an estimated 2,964 motor vehicle violations written in 2010. This is not surprising considering that the main roads of Route 70, Route 37, and Route 571 run through it and are very highly traveled. A conviction for a motor vehicle violation can lead to fines, Motor Vehicle Commission points, and license suspension. Commonly written motor vehicle violations are: 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). Even more serious than motor vehicle violations, are DWI, DUI, and refusal violations. DWI related offenses, while not criminal, are quite serious and can lead to loss of license, jail-time, and various fines and other penalties.