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Criminal Law

New Jersey Criminal Defense Blog

Covers news, information, and events about criminal defense law in the state of New Jersey including shoplifting, drunken driving and theft.
By Lependorf & Silverstein

Post Frequency: 2/day

Last Entry: March 24, 2011 at 10:36:36

New Jersey Man Arrested After He Admits Carrying Marijuana

Posted on February 19, 2009
Anthony Lopez, 29, of North Bergen was arrested in Bayonne, New Jersey the morning of January 9, 2009 after he admitted to police that he possessed marijuana. According to this news report in the Jersey Journal, Lopez walked past officers outside a Bayonne gas station when police said they smelled a strong odor of burnt marijuana coming from him...

Miranda Rights Eroded In New Jersey

Posted on February 16, 2009
The New Jersey state Supreme Court has recently held that police did not have to re-administer Miranda warnings to a defendant once they let him know, mid-interrogation, he was under suspicion. In this case, the defendant was called and asked to come to the station house to discuss whether his uncle had sexually abused his 9 year old niece...

Man Arrested on Suspicion of DWI in Delaware

Posted on February 12, 2009
Richard Milligan, 25, a resident of Wilmington, Delaware, was arrested January 10, 2009 and charged with driving while intoxicated, according to this news report. Milligan also received a summons for reckless driving, failure to stop at a stop sign, failure to maintain a lane and for driving an unregistered and uninsured motor vehicle...

Guilty Plea Withdrawal In New Jersey

Posted on February 10, 2009
The New Jersey Supreme Court decided a case on February 4, 2009 that outlines the factors all Courts in the State of New Jersey are to use when determining if a prior, guilty plea can be withdrawn. The case entitled State v. Slater lists the following four factors to be considered: 1) whether the defendant has asserted a colorable claim of innocence; 2) the nature and strength of the defendant?s reasons for withdrawal; 3) the existence of a plea bargain; and 4) whether withdrawal could result in unfair prejudice to the state or unfair advantage to the accused...

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New Jersey Appeals Court Throws Out Sex Abuse Conviction

Posted on February 05, 2009
A New Jersey court has thrown out a conviction in a sex abuse case because of comments a Bergen County sheriff?s officer made to jurors, according to this news report. Roy Hermalyn, who was an assistant school superintendent, was convicted in November 2007 of official misconduct...

New Jersey Road Rage Probation Violation

Posted on January 29, 2009
On January 28, 2009, a Mercer County New Jersey Superior Court Judge sentenced Daniel Robbins, Jr. to 18 months in jail for violating his probation in New Jersey. The defendant had been convicted by a jury of two counts of assault by auto in November of 2006...

Passaic County Man Faces Drug Charges

Posted on January 14, 2009
A 56-year-old Paterson man has been recently arrested by authorities who say he dealt narcotic substances from his house. According to a news report in the Herald News, officials searched and found a small quantity of cocaine and cash at the address of 2 Chadwick St...

Manhunt Continues for Escaped Prisoner

Posted on January 08, 2009
On Tuesday January 6, 2009 Marc Harris, who was serving time at the Skillman Dairy Farm on Burnt Hill Road in Montgomery, New Jersey for a March, 2008 drug distribution offense in Atlantic County, New Jersey, escaped following a brief fight with a prison officer...

New Jersey Disorderly Persons Offenses

Posted on January 07, 2009
What is a Disorderly Persons offense? A Disorderly Persons Offense is a category of offense that can be related to a small amount of drugs, a simple assault, a petty theft, etc. Disorderly Persons offenses are handled in the municipal court of the municipality where the offense occurred...

New Jersey "Synergistic Effects" DWI

Posted on January 02, 2009
In the State of New Jersey, an individual can be charged with a DWI if there is a consumption of legally prescribed or illegal drugs and alcohol which, together, produces a synergistic effect. This is the case even if the impact of either the drugs or alcohol, alone, would not render the defendant intoxicated...

New Jersey Drunken Driving Investigative Stop

Posted on December 31, 2008
On December 22, 2008, The New Jersey Supreme Court reversed two lower court decisions that relate to Clifton, NJ police officers who stopped a driver on suspicion of driving while intoxicated in New Jersey based solely on a tip the officers received from the drunk driver?s seventeen year old daughter...

New Jersey Drunk Driving Checkpoints

Posted on December 30, 2008
During the holiday season, almost all municipalities in the State of New Jersey are more vigilant than ever in trying to arrest drunk drivers. One very common technique that is utilized by municipal police departments during this time of year is what is commonly referred to as a DWI-check point...

MUNICIPAL COURT JUDGE FACES DISCIPLINE FOR DWI

Posted on December 18, 2008
A Cape May County New Jersey Municipal Court Judge testified before a New Jersey Ethics Committee panel on Wednesday, December 10, 2008 regarding a New Jersey DWI incident that took place on March 27, 2008. The New Jersey Municipal Court Judge was charged with a DWI after failing field sobriety testing and an Alcotest breath test...

Jersey City Driver Arrested on Suspicion of DUI

Posted on December 05, 2008
A driver was arrested on November 15, 2008 on suspicion of drunk driving after he plowed his car into an area where garbage was stored. A pedestrian was struck by one of those trash cans and injured in the knee. According to this news report, 41-year-old Phillip Serpe of Jersey City refused to take a field sobriety test...

Judge Sends Convicted Sex Offender to Treatment Facility Instead of Prison

Posted on November 28, 2008
A Superior Court judge opted to send a 20-year-old man convicted of sexually assaulting two young boys to an inpatient treatment program instead of handing him down a prison sentence. According to this news report in the New Jersey Star Ledger, Judge John Dangler agreed with Alexander Willadsen?s defense attorney that Willadsen should be sent to a treatment facility instead of getting a 10-year prison sentence, which was recommended by prosecutors...

Trenton Police Arrest Two Men On Murder and Robbery Charges

Posted on November 17, 2008
Two men have been arrested on suspicion of a May 4 murder in Trenton. Patrick McFarlane, 19, and Roderick Armstrong, 20, were arrested in connection with the murder of 44-year-old Richard Mason who was shot and killed at the corner of Kirkbride Avenue and New Willow Street during an alleged robbery, according to this ABC News report...

Man Arrested on Suspicion of Molesting Girl in Supermarket

Posted on November 10, 2008
Hamilton Township police have arrested a man who they say molested a 12-year-old girl inside a local Acme Supermarket on October 19, 2008. According to a CBS News report, the incident captured on the store?s surveillance camera, happened when the young girl got separated from her mother inside the store...

Suspected Drunk Driver Hits Pole, Leaves Accident Scene

Posted on November 01, 2008
A Ramsey man was arrested and charged with driving under the influence after he reportedly hit a pole early morning on November 15, 2008 and then left the scene of the accident. According to this news report in the Times of Trenton, 22-year-old Andrew Cronin struck a pole on Franklin Corner Road at Princeton Pike and then left the scene of the crash...

Trenton And Pemberton Township Drug Charges Filed Against Gang Members

Posted on October 24, 2008
In a recent drug raid of two Browns Mills homes New Jersey state troopers and Pemberton township officers arrested seven people, reported The Trenton Times. Simultaneous raids were conducted in the 300 block of Trenton Road and the 300 block of Seminole Trail resulting in the arrest of alleged members of the Bloods street gang...

New Jersey Sex Charges Result in Arrest of Bus Driver

Posted on October 15, 2008
Maria Fernandez, 53, a Jersey City bus driver who transports developmentally disabled people, was arrested on sex charges in New Jersey for instructing one of her passengers to touch another inappropriately. According to a recent article in The Jersey Journal, Central Avenue resident Fernandez was charged with aggravated criminal sexual contact and endangering the welfare of an incompetent person and arrested in Bergen County...

Lake Wallkill Auto Accident Results in Charges for Sussex Driver

Posted on October 07, 2008
A recent car accident near Sleepy Hollow Road in Vernon Township killed Ryan Olsen, a resident of Vernon, according to this article. Vernon Township police said Olsen, 22, who died at the accident scene was one of three people in the car that was driven by Joseph Cavanaugh of Sussex...

Driver?s Comments at Accident Could Be Used against Him, New Jersey Judge Rules

Posted on October 01, 2008
A 26-year-old driver?s statements at the scene of an accident on Route 80 in Roxbury where three people died could be used against him at his trial, Superior Court Judge Salem Ahto ruled. According to an article in the Star-Ledger, Damian D?Aleo?s admissions of drinking beer and driving under the influence of drugs, specifically taking Ecstasy and cocaine before the crash can be used at the trial...

Man Arrested in Villas on Drug Possession Charges

Posted on September 08, 2008
Police in Villas, N.J., reportedly seized 1.5 pounds of high-grade marijuana and 100 prescription narcotic pills from a home after responding to a domestic dispute there, the South Jersey News Online reports. Police reportedly arrested a 20-year-old resident on illicit drug charges after police found drug paraphernalia and bags of marijuana in the home in plain view...

Easton Man Indicted on Suspicion of Sexually Assaulting Teenager

Posted on August 30, 2008
28-year-old Joshua Roehrich has been indicted on sexual assault charges in Warren County. The grand jury indictment stems from suspicion that Roehrich sexually assaulted a 13-year-old Phillipsburg girl over a two-year period. According to this news report, officials allege in a 10-count indictment that Roehrich abused the girl from June 2005 to September 2007 when the girl turned 16...

New Jersey DUI, Homicide Charges in Easton Motorcycle Accident

Posted on August 23, 2008
A man facing DWI charges in Easton, New Jersey has also been charged with homicide by prosecutors in connection with a June 9 double fatal motorcycle accident on Route 611 in Easton. According to a news article in The Morning Call, James M. Black of Lopatcong Township was driving with a blood alcohol level twice the legal limit, which is ...

Senior Citizen Accused Of Possessing Child Porn In His Computer

Posted on August 15, 2008
A 74-year-old has been arrested and charged with possession of child pornography in Hamilton after police reportedly found images of children having sex with adults on his home computer, according to this article. Charles W. Britton was arrested after a three-week investigation by local police, the Mercer County Prosecutor?s Office and a State Police forensics unit...

Perth Amboy High School Teacher Accused of Having Sex with Student

Posted on August 12, 2008
A high school football coach and substitute teacher has been arrested and charged with having a sexual relationship with a Perth Amboy high school student. According to a recent news article, 25-year-old Demond Edwards of Woodbridge was charged with sexual assault in Perth Amboy and endangering the welfare of a child ? both second-degree offenses...

Four Arrested in Newton on Drug Possession Charges

Posted on August 07, 2008
Police officers seized 476 bags of cocaine and arrested four people on suspicion of drug possession in Newton in what is one of the largest drug busts in Sussex County. According to a news article in The Star-Ledger, the street value of the cocaine also made this one of the largest drug busts in Sussex County...

Products Liability and Warranty Protected With Well Written Disclaimer

Posted on August 06, 2008
If your company sells commercial goods to other businesses for resale, fabrication, or use in other products, you should make certain that your warranty disclaimers are well written, properly communicated, and otherwise enforceable. One of the most important disclaimers you should consider is a limitation of consequential damages...

Paterson Man Accused of Murdering His Girlfriend

Posted on August 01, 2008
Police arrested a man on Paterson homicide charges after investigators found his girlfriend?s body stuffed in a bag in his apartment, according to a Star-Ledger new report. Randy Martin, age 47, is being held on $1 million bail. His girlfriend, 26-year-old Maria Hoppe of Randolph was reported missing on June 10...

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