New Jersey Criminal Lawyers Blog

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 " »

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!" »

Spring Lake Heights is a borough in Monmouth County with a population right around 5,000. It is easily accessible through both Route 35 and Route 71 and was recently named the 28th best place to live in New Jersey by New Jersey Monthly. A stone's throw from the beaches of neighboring Spring Lake, Belmar, and Sea Girt, Spring Lake Heights affords its residents and vacationers with a beach atmosphere while also providing peace and quiet. Because of its proximity to so many enticing summer hot spots, Spring Lake Heights normally sees a substantial increase in population during the summer months. The Spring Lake Heights law enforcement, seeking to maintain order and control during this seasonal surge, does so by increasing the number of disorderly persons offenses, motor vehicle moving violations, and DWI, DUI, and Refusal charges.

Disorderly persons offenses refer to a broad category of offenses and include disorderly conduct (N.J.S. 2C: 33-2), resisting arrest (N.J.S. 2C: 29-2), assault (N.J.S. 2C: 12-1), harassment (N.J.S. 2C: 33-4), drug offenses (N.J.S. 2C: 35-10 and N.J.S. 2C: 36-2), underage drinking (N.J.S. 2C: 33-15), use or possession of a fake ID (N.J.S. 2C: 21-2.1), and trespassing (N.J.S. 2C: 18-3). If convicted of one of these charges, an individual may face substantial penalties including significant monetary fines, jail time, payment of restitution, community service, and permanent marks on your criminal record. Last year in Spring Lake Heights, there were 35 disorderly persons offenses.

Moving violations in Spring Lake Heights are also frequently written by local law enforcement as congestion increases on the roads, and some of the more commonly charged violations are speeding, failure to stop, and reckless or careless driving. These charges often carry with them penalties including significant monetary fines and the assessment of motor vehicle points to your driver's license which increases insurance premiums. Last year in Spring Lake Heights, there were 374 moving violations.

Alcohol related drunk driving charges in Spring Lake Heights carry extremely severe penalties and can have life long implications. A first time DWI, DUI, or Refusal conviction can result in the following penalties: loss of driver's license, jail time, significant monetary fines, the installation of an ignition interlock device system into your vehicle, and completion of a program at an Intoxicated Driver Resource Center. Spring Lake Heights witnessed 43 DWIs last year.

Continue reading "Spring Lake Heights Criminal Lawyer: Spring Lake Heights Municipal Court" »