New Jersey Criminal Defense Law Blog : New Jersey Criminal Defense Lawyer & Attorney : John Marshall Law Firm : Drug Crimes, Domestic Violence : Monmouth, Middlesex & Union Counties

Disorderly Persons Offenses comprise a significant percentage of the criminal cases pending every year in New Jersey. In fact, the Administrative Office of the Courts indicates that over 250,000 petty disorderly persons and disorderly persons charges were filed over the six months ending January 1, 2010. While that certainly is a significant number, most people have little idea what is involved when they are arrested or charged with this pedigree of violation.

The terms "disorderly persons offense" or "petty disorderly persons offense" largely arise out of the definition of classes of offenses found in the NJ Criminal Code. In this regard, N.J.S.A. 2C:1-4 indicates that every violation of the code is either a "crime" or a disorderly persons offense (including petty). When an individual is convicted of a "crime" he or she loses certain rights under the New Jersey Constitution, including the right to vote and sit on a jury.

When a particular violation constitutes a petty disorderly or disorderly persons offense as opposed to a "crime", it will indicate as such in the related law. An offense is a crime whenever it is referred to as a crime of the First Degree, Second Degree, Third Degree or Fourth Degree. These are also referred to as NJ Indictable Offenses. They are indictable charges because the law affords a right to presentation and indictment by a Grand Jury. There is no right to presentation of a disorderly person offense to a grand jury nor, for that matter, presentation of a case to a jury at all. The vast majority of disorderly persons offenses are therefore heard in Municipal Court, which has original jurisdiction over these types of cases. An attorney appointed by the municipality to act as its judge presides over and decides all cases in Municipal Court. Common types of disorderly persons charges are possession of less than 50 grams of marijuana, shoplifting something with a value of less than $200, and harassment.

While a disorderly persons offense is not a "crime" under NJ law, a conviction results in a criminal record that is not eligible for expungement for five (5) years. This means that a conviction shall follow an individual around for a minimum of 5 years absent defense and/or a downgrade of the charge. Another collateral consequence of a NJ Disorderly Persons Offense is the potential penalties, including up to six (6) months in jail, fines, probation, and even drivers license suspension.  If you require additional information or assistance regarding a disorderly persons offense, do not hesitate to contact our office at 1-877-450-8301 to speak to one of our attorneys without obligation.

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I am certain that most individuals who abuse opiate prescription drugs have little thought of progressing to heroin. Nonetheless, when doctors refuse to refill prescriptions and/or the drugs become prohibitively costly, a readily accessible and cheaper form of opium is frequently enlisted - heroin. This pattern of progression to heroin is illustrated over and over again in our practice every day. Consider the following three (3) stories.

The first client that comes to mind is a gentleman for whom I am now guardian. He was a fireman in a large NJ city and sustained many orthopedic injuries during the course of his job. These injuries gave rise to over 15 surgeries and years of opiate pain medication. Eventually, doctors realized that he was abusing the drugs although all recognized that he endured significant pain on a daily basis. While no one would suspect that he would resort to heroin, he did when the opiate medication was curtailed and he began to get sick. I am sorry to say that he overdosed on heroin shortly into his usage and this resulted in permanent brain damage for which he now resides in a nursing home. He has three small children.

Another story involves an individual who also sustained an orthopedic injury for which he was prescribed opiate pain medication. He also had problems with addiction to the medication and, in fact, entered a drug rehabilitation facility to combat his problem. Unfortunately, he decided to "party" with an aquaintence he met in rehab and the suggestion was made that he try heroin to quench his opiate thurst. I am sad to say that this short deviation into heroin also resulted in an overdose that proved fatal. This banker left a wife and three small children.

The third story, and the one which prompted this blog, involved a 24 year old young man I met today at the Middlesex County Jail. Although I knew that he had been battling heroin addiction for several years, I had no idea how it originated. Then I heard his story and immediately recognized so many attributes, including his obvious intelligence. He had sustained an orthopedic injury as a freshman at Rutgers University that resulted in his starting to consume opiate pain medication. He became addicted and experienced difficulty obtaining the medication, becoming very sick from opiate withdrawal. Someone suggested that he snort some heroin as it might combat his sickness. He took the suggestion and it started him off on a downward spiral whose end is still unclear. His future, which was once so bright, is now highly questionable and the pain caused to his family has been immeasurable.

I have many more stories of individuals resorting to heroin after a prescription drug habit cannot be quenched. My hope is that someone heading down the road of opiate prescription drug addiction recognizes that these stories are not so far fetched given the type of people I have described and does not make this progression. Indeed, every person in these stories came from good stable families and had absolutely no thought that heroin had any chance of crossing their path.

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One would be shocked by the number of telephone calls I get every year from individuals arrested for illegal weapon possession at or on their way to a NJ casino. The scenarios go on and on. There is the guy who is charged when a pistol is discovered by police as a result of a domestic event with a wife, girlfriend, or boyfriend at a casino. We also find individuals running into trouble by virtue of partying in their room and the situation escalating to the point that the police are summoned. Another common scenario is the accused who leaves a weapon in his vehicle while or after valet parking, or in a bag at Atlantic City Airport.

The truth is that New Jersey takes unlicensed handguns very seriously and mandates imposition of a jail sentence in most cases. One would assume that this fact would prompt individuals to retain private counsel soon after arrest but the unfortunate reality is that the majority of the calls I receive involve out-of-state residents who take the charges lightly, opt for a public defender, and finally realize what they are up against when they are facing a plea cutoff. The plea cutoff typically requires that the defendant either accept a plea that involves 1 or 3 years of parole ineligibility, meaning that they must serve at least one year or three years of any sentence before they are even eligible for release from jail (e.g. 3 years with 1 year of parole ineligibility or 5 years with 3 years of parole ineligibility), or proceed to trial and face at least 5 years in jail if found guilty.  Why do individuals repeatedly make this mistake -- a lack of knowledge of the law and penalties for unlicensed handgun possession in NJ. Indeed, what may apply in terms of handgun possession in states like, for example, Florida, Virginia, Georgia, Pennsylvania, has no bearing in this state.

My hope is that through blog posts like this and other information on the internet, suspects charged with possessing an illegal gun will seek legal assistance early. Perhaps, this will translate into better outcomes for the long list of defendants who end up contacting us when it is too late to avoid a mandatory jail sentence and/or conviction. An even more optimist goal is to encourage individuals to  leave their guns at home when they visit New Jersey as there really is no legally permissible use for them within the state absent a license.

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While it is extremely rare that NJ legislators do anything that can be construed as favoring criminal defendants, that may just have happened last week when bill number A-1771 was signed into law. The legislation amends longstanding regulations regarding what can be expunged and the waiting period that must expire before a petition to expunge can be filed. New Jersey Expungement Attorneys and their clients will find these amendments extremely pleasing.

Under the new law, individuals who have been convicted of possession with intent to distribute controlled dangerous substances ("CDS") are now eligible for expungement. Previously, the only distribution charges that could be expunged were those involving "young offenders" who sold marijuana. The expungement law now expands eligibility to include all Third Degree and Fourth Degree drug distribution convictions, even those involving heroin, cocaine, crack and prescription drugs.

Another significant change contained in the law involves the reduction of the waiting period for expungement of indictable (a.k.a. felony) offenses from ten (10) years to five (5) years.

The new provisions of this law will undoubtedly help hundreds, if not thousands of individuals, to expunge criminal records which previously were permanent. This means that all those people who were convicted of intent to distribute marijuana, cocaine, or some other form of CDS decades ago, can finally get the monkey off their back. I can tell you first hand that this is going to make the lives of many individuals much better. I cannot explain just how many calls we field every year from individuals convicted years ago for distribution and who have suffered for their mistake every time they have attempted to get a better job. This issue can finally be put behind them.

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The site of a crossman bb gun used to be commonplace in the homes of my friends when I was growing up. Once and a while, you would also come across a friend or his older brother that had a pellet gun. These days, the classic bb gun seems to have been replaced by what are commonly referred to as airsoft guns or even paintball guns. These items are often purchased by innocent children or adults who have absolutely no idea of the potential penalties and consequences of unlicensed possession under New Jersey Law.

As a New Jersey Gun Lawyer, I witness the havoc that an unlawful possession of a firearm charge can have on an individual possessing an airsoft, bb, or pellet gun without a license. The reason why this crops up stems from the fact that the definition of "firearm" under NJ Law includes a handgun or rifle whose projectile is fueled by air or an air cartridge. Accordingly, what is often viewed as a toy, is actually a gun under the law. See State v. Mieles, 199 N.J.Super. 29 (App.Div.), certif. denied 101 N.J. 265 (1985)(BB gun is a "firearm" under NJ law). This opens up a entire host of problems when someone is found in possession without a valid gun license and this can even include a charge of unlawful possession of a handgun with its mandatory parole ineligibility requirements. A great example of just how this can unfold was related in a news article regarding a boy exposed to a three year jail term for possessing a bb gun.

If you or a loved one has been charged with Possession of a Firearm for Unlawful Purpose or Unlawful Possession of a Gun, the situation is extremely serious. This is especially true where the airsoft or other form of air gun is used to shoot someone, scare someone, or even in conjunction with a theft. A thorough review of NJ Gun Laws, including those implicating these types of firearms, is contained at www.newjerseycriminallawattorney.com/CM/Custom/TOCWeapons.asp. It should be readily clear from both this article and the citations, that jail is a definite possibility in these types of scenarios absent some good lawyering. I am happy to report that we have been fortunate enought to avoid jail terms for our clients in these cases.

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Today, I received another telephone call from an individual who attempted to defend a simple assault charge on his own. The result was a conviction for simple assault in accordance with N.J.S.A. 2C:12-1. The man was extremely concerned about the impact the criminal record would have on his employment, as well as his immigration status. We are going to file an application for post-conviction relief to vacate the conviction and, if that fails, an appeal is contemplated.

In accordance with N.J.S.A. 2C:12-1, an individual may be found guilty of "simple assault" in New Jersey under any of three scenarios. The first situation is where an individual attempts to cause or recklessly, knowingly, or purposely causes bodily injury to another. The second scenario is where bodily injury is negligently caused with a deadly weapon. The third and final setting is where an individual attempts to put another in fear of serious bodily injury through physical menace. Simple assault is a disorderly persons offense except where it is the result of a fight by mutual consent, in which case it is a petty disorderly persons offense.

The error made by the individual who retained our office today was in attempting to defend himself. He candidly had no business playing around where the potential ramifications were so significant; unless or until we vacate the simple assault conviction, he shall possess a criminal record. There is little doubt in my mind that this outcome would have been avoided had we represented him. I think that the situation represents a perfect example of how individuals make the mistake of believing that a charge like simple assault does not require an attorney by virtue of not thinking through about what the potential ramifications shall be if they are convicted. It really is not worth the risk in my view given the marginal expense of hiring NJ Simple Assault Lawyers. I am certain that this individual will not make the same mistake again.

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A massive seizure of marijuana plants, in excess of 1,000, was reported in the Star Ledger. The arrest was made in conjunction with a joint investigation involving the NJ State Police, Pennsylvania law enforcement, and the Drug Enforcement Administration ("DEA"). Approximately $100,000 in cash and 3 pounds of processed marijuana was also seized. It is believed that those arrested shall be charged with Marijuana Distribution, as well as Maintaining a Marijuana Production Facility. The case shall be prosecuted in Federal Court.

In accordance with New Jersey's drug distribution laws, possession of marijuana plants can have severe ramificatons. The penalties for this offense are stiff and include grading as a First Degree Crime to possess fifty (50) or more plants irrespective of the size of the marijuana growings. A crime of the First Degree carries not only ten (10) to twenty (20) years in prison, but automatically triggers the Brimage Guidelines. These guidelines set strict rules for plea offers and negotiations with those falling within its parameters.

As a practicing New Jersey Marijuana Distribution Attorney, I certainly appreciate the goal behind the NJ law concerning possession of marijuana plants. However, this regulation leads to extreme results in my view. For example, the high school senior who is growing small plants in the woods behind his house - should he be incarcerated for over a decade? I think most can glean my opinion in this regard. We will obviously have to continue this fight in our Courts as there is little likelihood of an amendment of this statute in my view.

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I think a poll of NJ residents would have little chance of identifying Monmouth County or Ocean County as top counties in terms of heroin possession and usage. The reality is, however, that Monmouth County ranked second behind Essex County in terms of heroin addiction. Ocean County was number five in terms of heroin addicts.

As a criminal defense attorney in New Jersey, I witness the aftermath of heroin possession, distribution and usage every day. Usage includes young and old, rich and poor, and does not delineate between man or women. The prevalence of heroin usage is staggering in my view and manifests just how robust the supply of dope is in NJ. Its cheap, readily accessible, and almost instantly addictive. To make matters worse, the primary means of controlling addiction is methadone - another drug that is highly addictive and ripe with dependency issues. I do not have the answer for the problem but simply know that it is growing every day. We help those that we can and keep our fingers crossed that our efforts provide some longterm benefit to the heroin user and their families.

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The topic of extradition is something to which I have published quite a few articles. This subject matter has, however, undergone a recent twist by virtue of the Fugitive Safe Surrender Initiative. This program allows an individual with an outstanding felony warrant to surrender himself without threat of additional penalty, for example, bail jumping. Most individuals who participate in the initiative will not be held and shall be released the same day according to NJ officials.  An individual who takes advantage of the program can avoid extradition on an outstanding New Jersey warrant altogether by surrendering to law enforcement in accordance with this initiative.

The classic approach which we have taken in fugitive cases is to arrange a surrender whenever we are dealing with a defendant who wishes to voluntarily address outstanding charges. While surrender has often resulted in more favorable treatment than what would be the case if the client were picked up on the related warrant, situations like these typically are no cakewalk. The scenario is significantly different, however, by virtue of the Safe Surrender initiative. Since the stated purpose of the program is to encourage voluntary surrender, courts, prosecutors, and probation, are less apt to hammer fugitives and attorneys that take advantage of the program. Indeed, if treatment were otherwise, there would be a chilling effect on the goal of the initiative, namely, to foster surrender of New Jersey fugitives from justice.

Individuals who are the subject of a warrant in NJ for a non-violent felony offense, may want to consult an attorney immediately to explore a surrender. This may be an excellent opportunity to finally resolve criminal charges, a violation of probation, or parole violation, that has been outstanding for many years or even decades.

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