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." »

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" »

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" »

If you need a criminal lawyer contact the Villani & DeLuca Law Firm Now for a free consultation.
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!" »

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!" »

Toms River is a large municipality in Ocean County spanning almost 53 square miles. It is a main thoroughfare to many beachfront communities via Garden State Parkway interchange 82 and Route 37. Intersecting with Route 37 in Toms River are Route 166, Hooper Avenue, and Fischer Boulevard. Running parallel to Route 37 with access to the bay is Bay Avenue (County Route 571.)

During the summer months, traffic can back up for miles on Route 37 with beachgoers traveling to Seaside Park, Seaside Heights, and Island Beach State Park. At night visitors and residents can be seen heading to their favorite restaurants and bars. The surrounding municipalities of Seaside Heights and Brick Township are easily accessible from Toms River roads and are often congested on holiday weekends. Driving over the bridge to Seaside Heights could prove to be a daunting task either on the way there or on the way home, due to the fact that Toms River Police Officers will be looking to issue DWI, DUI, and Refusal charges if you have come from a night at Bamboo, Karma, or Hemmingway's.

DWI, DUI, and refusal charges are very serious although they are not considered criminal or indictable offenses. Simply put, if you are driving drunk or are operating a motor vehicle under the influence of or intoxicated by alcohol or drugs, you can be charged with a DWI or DUI. If you refuse to submit to a breath test or blood test, you will face similar penalties and will be charged with a refusal.

One way to be convicted of a DWI or DUI, is for your Blood Alcohol Content (BAC) to be determined using the Alcotest® 7110 MKIII-C instrument. The new 7110 is the only breath testing device in use by New Jersey law enforcement and is much more efficient and scientific than the breathalyzers that were previously in use. The device measures a BAC in two different ways: (1) by infrared technology, and (2) electro chemical analysis. If the Alcotest® determines that your BAC is 0.08% or above, you will be charged with a per se DWI or DUI. The penalties for DWI or DUI vary depending on your BAC reading.

It is also important to realize that you can be charged and possibly convicted of a DWI or DUI even if your BAC is below the statutory 0.08%. If a Toms River Police Officer observes any combination of psychophysical indicators that an individual is intoxicated, he could charge that individual with a first tier, first offense DWI or DUI even if the individual's BAC is below 0.08% or no reading was taken at all!

Penalties for a first offense DWI or DUI are split into three tiers. The first tier includes a BAC of between 0.08% and below 0.10%. Penalties for a first tier offense are: forfeiture of license for 3 months, a fine of up to $400.00, participation in an Intoxicated Driver Resource Center program, other fees and penalties, up to 30 days in jail, and (at the court's discretion) an ignition interlock device installed in your motor vehicle.

A second tier, first DWI or DUI is considered to be above a 0.10% but below a 0.15% and carries the following penalties: forfeiture of license for 7 months to 1 year, a $500.00 fine, participation in an Intoxicated Driver Resource Center program, other fees and penalties, up to 30 days in jail, and (at the courts discretion) the installation of an ignition interlock device in your car. A third tier, first offense DWI or DUI would include those were a reading shows a BAC of over 0.15% and penalties would include: forfeiture of license for 7 months to 1 year, a $500.00 fine, participation in an Intoxicated Driver Resource Center program, other fees and penalties, up to 30 days in jail, and mandatory installation of an ignition interlock device in your car.

If you refuse to submit to a chemical or breath test, you unfortunately face almost identical penalties due to the fact that the State, as a matter of law, equates a refusal with a per se DWI or DUI.

Continue reading "Toms River Drunk Driving: Toms River DWI Lawyer" »

Toms River is the largest municipality in Ocean County spanning almost 53 square miles. It is a main thoroughfare to many beachfront communities via Garden State Parkway interchange 82 and Route 37. Intersecting with Route 37 in Toms River are Route 166, Hooper Avenue, and Fischer Boulevard. Running parallel to Route 37 with access to the bay is Bay Avenue (County Route 571.) During the summer months, traffic can back up for miles on Route 37 with beachgoers heading to Seaside Park, Seaside Heights, and Island Beach State Park. At night visitors and residents can be seen heading to their favorite restaurants and bars. The surrounding municipalities of Seaside Heights and Brick Township are easily accessible from Toms River roads.

It is no surprise that Ocean County's largest municipality of Toms River also has a large number of criminal charges and disorderly persons offenses written each year. In 2010 alone, Toms River saw 723 disorderly persons offenses. Common disorderly persons offenses written by Toms River police officers 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 and indictable offenses, Toms River saw an estimated 6,700 motor vehicle and traffic violations written in 2010. Major roadways through Toms River often get congested and difficult to travel during the summer months. Some common offenses 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). More serious violations of DWI, DUI, and refusal also occurred frequently in 2010 with an estimated 432 DWI related offenses.

Continue reading "Toms River Criminal Lawyer: Toms River Municipal Court" »