New Jersey Criminal Lawyers Blog

Currently the Jersey Shore is experiencing unusually warm Spring Days and as is customary, house parties and underage drinking result. Recently, in Rumson 40 teens were taken into custody and released to their parents after Lt. Scott Paterson was on Patrol and saw two extremely intoxicated girls walking towards the house part around 10:00 PM at night. Lt. Paterson determined that a large party with underage drinking was occuring at 60 Bellevue Avenue, Rumson. Later, Rumson officials confirmed that the listed homeowners of the Bellevue Avenue property were Adam and Roslyn Bryan. They were both charged with maintaining a nuisance, a disorderly person's offense, for which they are schedule to appear May 9.

Mayor John Ekdahl, in response to the underage drinking roundup, said that Rumson and surrounding towns are collaborating to roll out a comprehensive drug and alcohol awareness program. Termed as the Municipal Alliance to Prevent Drug and Alcohol Abuse, the task force is set to launch at the beginning of the next school year, and will target all school children from the elementary schools up to the high school. In addition, the program will offer expanded education on the pitfalls of substance abuse.

In New Jersey, underage drinking violations are considered disorderly persons offenses. A disorderly persons offense is a general category of offenses punishable by up to a $1,000.00 fine, payment of restitution, jail time, and other monetary fines and penalties. If you are caught consuming alcohol in a public place of assembly (a house party) and you are under the age of 21, you will be charged with either a New Jersey Statute violation or a municipal ordinance for underage drinking. Furthermore, if you obtained that alcohol by using a fake ID, you could also be charged with N.J.S. 2C: 28-7 (Tampering With Public Records or Information) or a similar local ordinance. In general, the fake ID charge is treated as a disorderly persons offense, but depending on the document used, it could be stepped up to a fourth or even third degree indictable offense, which can carry heavier penalties

Continue reading "JERSEY SHORE HOUSE PARTIES LEAD TO DISORDERLY PERSONS AND UNDERAGE DRINKING" »

In the wake of Columbus Day festivities in Seaside Heights, New Jersey, patrons to the events might find themselves in trouble with the law. Anytime there is a large gathering of people for a multi-day event in close proximity to an abundant amount of bars, the Seaside Heights Police are usually out in full force. The three-day Italian Festival brought a lot of fun, a lot of good food, and unfortunately, patrons may have been arrested for common disorderly persons offenses in Seaside Heights, municipal ordinance violations in Seaside Heights, motor vehicle violations in Seaside Heights and in some cases, indictable criminal offenses in Seaside Heights.

Disorderly persons offenses in Seaside Heights are commonly written and are a general category of offenses that are punishable by up to a $1,000 fine, payments of restitution, up to 6 months in jail, and other fines and penalties. If you were arrested for a disorderly persons charge in Seaside Heights, it is important to realize that you may have options. Contact an experienced Seaside Heights Criminal Defense Attorney to discuss your case. Some commonly written disorderly persons offenses in Seaside Heights 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).

Very common at such large events are Underage Drinking charges (N.J.S. 2C: 33-15) and Fake ID charges (N.J.S. 33:1-81). Underage drinking charges carry a mandatory fine of $500. If the underage drinkers are found consuming alcohol in a motor vehicle they could face a suspension of their drivers license for up to 6 months. Fake ID charges are also quite serious and violators could be looking at the same penalties. Conviction of both could lead to a loss of license for 6 months and fines of no less than $1,000. If you have been charged with Underage Drinking, Fake ID, or any other disorderly persons offense, call an experienced New Jersey Criminal Defense Attorney to discuss your case and protect your rights.

In addition to disorderly persons offenses, Seaside Heights Police Officers often write tickets for moving violations. Motor vehicle violations can also carry serious penalties including points assessed to your driver's license, fines, or suspension of your driver's license. Commonly written motor vehicle violations 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). DWI, DUI, and Refusal charges are very serious motor vehicle violations in New Jersey. Penalties for a DWI, DUI, or Refusal conviction can include jail-time, loss of your driver's license, heavy fines, mandatory participation in an Intoxicated Driver Resource Center (IDRC) program, installation of an Ignition Interlock Device and additional fines and penalties.

Continue reading "Arrested in Seaside Heights? Call an Experienced Seaside Heights Criminal Defense Attorney." »

In a recent unpublished New Jersey Appellate Division case (State v. Koch), a seemingly routine underage drinking charge became the subject of great scrutiny for the court. A local ordinance was written and the defendant Koch was charged with a "quasi-criminal" offense to which a Municipal Court of Mansfield Judge ordered a fine of $250 and $33 in court costs. Koch appealed the decision to the Law Division and the same result was reached. Koch then appealed to the Superior Court of New Jersey, Appellate Division.

The validity of the local underage drinking ordinance was not at issue for the court to decide; rather, the method in which Koch was charged controlled and commanded the attention of the court. The underage drinking charge made it unlawful for "any person under the legal age to knowingly possess or consume alcoholic beverage on private property." The defendant and his girlfriend were admittedly at a house party. Neighbors complaining of the noise and the smell of marijuana called the police. When the police officers arrived, some partygoers fled into the woods and no attempt was made to go after them. Defendant Koch was among those who remained. Patrolman DeWitt lined up all those in the house and told them that they were not free to leave. He then proceeded to "sniff" the breath of everyone in the line. As the officer approached, Koch (according to Officer DeWitt's testimony) allegedly exclaimed, "I only had one." The record states that the officers detained the partygoers for approximately 20 minutes. After the "sniff" tests were completed, no charges were written and the officers discharged everyone.

Later on in the evening, Koch was pulled over by Officer DeWitt and two different stories about the stop were submitted. Koch claimed that he was the driver of his girlfriend's maroon Pontiac and the vehicle was in motion when Officer DeWitt signaled for him to pull over. Officer DeWitt claimed that the car was stationary and that Koch had given him a story that he was driving because his girlfriend Ashley was under 18 and could not drive past midnight. Koch claimed that Officer DeWitt's testimony was not true and attempted to submit a videotape of the stop to impeach his testimony. No charge was issued at the time and Koch was ordered to continue driving. Koch only found out that he was charged with the underage drinking ordinance when he was suspended at school because of it.

At trial, the Municipal Judge and the Law Division would not allow the videotape of the stop to be admitted. The videotape shows that the maroon Pontiac was in motion for a considerable amount of time before being pulled over. The Appellate Division concluded (at the urge of defense counsel) that this tape should have been admitted to impeach Officer Dewitt as a witness (both for the vehicle stop and statements made at the party.)

Perhaps more relevant than the evidentiary issue were the grounds that Koch was charged and the procedure the officers followed in doing so. Koch argued and the Appellate Court agreed that because the partygoers were told that they could not leave, they were considered to be "in custody". Furthermore, the partygoers were subjected to a "sniff" test and were not told that they could refuse to do so. The "sniff" test was administered in a custodial setting and therefore, the officers were required to read Miranda rights to all those detained. Furthermore, the court ruled that a "sniff" test and the officer's testimony of smelling alcohol were insufficient as a matter of law to sustain a conviction. The smell of alcohol can only be used to gain probable cause, not as grounds to convict a suspect. On those grounds, the Appellate Division reversed the conviction.

Continue reading "Were You Read Miranda Rights? Discuss Your Arrest With An Experienced NJ Criminal Defense Attorney." »

Recently, Beach Haven Police Officers and State of New Jersey ABC investigators have been cracking down on underage drinkers frequenting local taverns. A new type of very convincing fake ID has surfaced in the various towns of Long Beach Island (LBI) and law enforcement officials, prosecutors, and judges are diligently arresting, prosecuting and sentencing individuals possessing these fake IDs. The new type of fake ID seems to be getting past some bar owners, bouncers, and bartenders who are relying on police officers to help them spot the fake IDs in LBI.

Beach Haven and all LBI police officers have written numerous charges this summer so far for possession of fake ID, misrepresentation of age to purchase alcohol and underage drinking. The charge most commonly written falls under the New Jersey Alcoholic Beverage Control (ABC) laws, a Title 33 offense. More specifically, Long Beach Island Police Officers are writing a N.J.S. 33:1-81 charge to violators. There are a host of offenses published under the statute and penalties can be quite harsh for a conviction. The Title 33 statute makes it a punishable offense to present false identification for the purposes of obtaining alcohol (N.J.S. 33:1-81c). Penalties for a conviction of the Title 33 offense are almost identical to the New Jersey disorderly persons statute of N.J.S. 2C: 21-2.1: "Offenses involving false government documents." In fact, a provision in the Title 33 statute specifically states that all those convicted under it, "shall be deemed and adjudged to be a disorderly person." The penalties for a conviction include a mandatory fine of no less than $500.00 and mandatory suspension of your driver's license for 6 months.

In addition to the Fake ID charge, you could also face the disorderly persons offense of underage drinking (N.J.S. 2C: 33-15). A conviction for underage drinking carries a mandatory $500.00 fine and if you are caught consuming that alcohol in a motor vehicle, you could be facing a 6-month driver's license suspension as well. If you are convicted of both the underage drinking offense and the Fake ID offense you are facing at least $1,000.00 in fines plus other court costs and a suspension of your drivers license for 6 months. Losing your license for 6 months can be quite inconvenient. You might be asking yourself how you can get back to college or how you will get to and from work. Quite simply, you will have to either rely on public transportation or others to drive you wherever you need to go.

Continue reading "DO NOT Plead Guilty to a Fake ID Charge on Long Beach Island: Beach Haven Municipal Court" »

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.

Continue reading "In New Jersey Use And/Or Possession Of A Fake ID Can Result In Severe Penalties" »