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

Confidential informants (commonly referred to as a "CI") are encountered in criminal cases we handle in New Jersey almost every day. The common scenario is someone who has been arrested and decides to cooperate with police, making controlled buys from a particular "target". The goal of the police is to arrest bigger fish while maintaining the confidentiality of the informant. The law in NJ is extremely protective of the identity of a confidential informant since commonplace disclosure would discourage cooperation given the threat of retaliation against the informant. This being the case, it is often a highly beneficial strategy for the defense to fight for disclosure, particularly, where an informant continues to have value to the police. But when is this possible in New Jersey?

Both NJ Rule of Evidence 516 and N.J.S.A. 2A:84A-28 address when disclosure of the identity of an informant may be obtained. In this regard,

A witness has a privilege to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a provision of the laws of this State or of the United States to a representative of the State or the United States or a governmental division thereof, charged with the duty of enforcing that provision, and evidence thereof is inadmissible, unless the judge finds that (a) the identity of the person furnishing the information has already been otherwise disclosed or (b) disclosure of his identity is essential to assure a fair determination of the issues.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As someone who attended college in the early to mid 1980s, I can remember the popularity of cocaine. The stigma attached to the drug certainly was not what it is today and, to say that it was in vogue in some circles, would probably be an understatement. I see a parallel between those times and what is going on today with possession and distribution of prescription drugs like oxycontin, roxycontin, xanax, vicodin, and other opiate pills.

All anyone has to do is open a newspaper or turn on the TV and there is no escaping a story about someone who has been negatively effected by prescription medications. The list goes on and on - most recently resulting in the overdose death of Cory Haim. Many individuals view the situation as an epidemic. I cannot say that I disagree based on what I am seeing in my NJ criminal defense practice. All walks are effected and we have even represented doctors, lawyers and pharmacists on prescription drug possession and/or fraud cases. There is no escaping, however, that the largest segment we are encountering are young adults who developed a fancy for opiate medication late in high school or college. The demise of these kids can be very tragic and we have even seen multiple deaths in our office. It seems that the drugs are readily accessible on campus or elsewhere and we know they can be as addictive as heroin. Notwithstanding the numerous stories of ruin and death from illegal prescription use, we are not seeing a reversal like we witnessed in the 80s when Len Bias overdosed on cocaine. While this trend benefits me and my firm financially, I sincerely wish this epidemic would end.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Cranford Municipal Court, 8 Springfield Avenue, Cranford, NJ 07016

Telephone Number: 908-709-7200

Website: http://www.cranford.com/township/display.asp

Court Representatives: The Judge is the Honorable Mark J. Cassidy and the Prosecutor is Robert Donovan. The Court Administrator is Lorraine Powell.

• Marijuana Possession
• Drug Paraphernailia
• DWI
• Shoplifting
• Driving While Suspended
• Driving Without Insurance
• Disorderly Persons Offenses
• Traffic Charges

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Berkeley Heights Municipal Court, 29 Park Avenue, Berkeley Heights, NJ 07922

Telephone Number: 908-464-2700

Website: http://www.berkeleyheightstwp.com

Court Representatives: The Judge is the Honorable Donald Bogosian and the Prosecutor is Michael Mitzner. The Court Administrator is Joan Bierbaum.

• Marijuana Possession
• Drug Paraphernailia
• DWI
• Shoplifting
• Driving While Suspended
• Driving Without Insurance
• Disorderly Persons Offenses
• Traffic Charges

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Elizabeth Municipal Court, 208 Commerce Place, Elizabeth, NJ 07201

Telephone Number: 908-558-6800

Website: http://www.elizabethnj.org

Court Representatives: The Judges are the Honorable Roman A. Montes (Chief Judge), Honorable Carl Marshall, Honorable Richard Obuch, and Honorable Daniel Russell. The Prosecutors are Norma Murgado, Christopher Howard, Ashton E. Thomas, Vito Mazza, Patricia Mack, Lawrence Centanni, Tangerla Mitchell-Thomas, Annette Quijano, Anabela Dacruz-Melo.

• Marijuana Possession
• Drug Paraphernailia
• DWI
• Shoplifting
• Driving While Suspended
• Driving Without Insurance
• Disorderly Persons Offenses
• Traffic Charges

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I have to admit that Manuel Noriega was little more than a name from the past in my mind until I read some recent news. He apparently completed an incarceration in Federal Prison in 2007 but has continued to be held while contesting an extradition warrant and/or demand from France. These efforts to block extradition to France have reached an end, however, as a result of the recent United States Supreme Court decision in his case. He is to be surrendered to French authorities in the near future.

International extradition can be very complex as illustrated by its taking approximately three (3) years to get a final order to extradite Mr. Noriega to France. Whether or not this variety of extradition was permissible hinged on the existence of an extradition treaty between the US and France, something which plainly exists. If the demand to extradite involved a country like Saudi Arabia or even Serbia, extradition would not be authorized as there is no treaty to allow for extradition to or from the United States.

Where a valid treaty exists, an Extradition Lawyer is limited to collaterally attacking the demand for the "fugitive". This is how Frank Rubino crafted his objection on behalf of Mr. Noriega. His primary argument was apparently that the prisoners of war convention mandated a return of Mr. Noriega to his home country upon conclusion of his sentence. The Supreme Court disagreed.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Two highly publicized cases involving Possession with Intent to Distribute Marijuana and Cultivation of Marijuana were resolved this past week. The first matter involved a NJ man who claimed that he was growing marijuana plants in Essex County for treatment of his multiple sclerosis. The defense proved unsuccessful and he was sentenced to five (5) years in state prison this week. In the second case, a trucker passing through New Jersey was found to be in possession of 147 pounds of marijuana in Morris County. He was also sentenced this week and received a sentence of four (4) years.

The outcomes may appear inconsistent because they are. The individual in the first case was facing 5 to 10 years in prison for this second degree charge. He received a sentence at the bottom of the second degree range for growing marijuana. The other case involved a First Degree crime carrying 10 to 20 years in prison but the defendant received 4 years in jail. This was an obvious departure from the First Degree sentencing range. I assume that the more favorable outcome in this case reflects trial issues that existed relative to the search and discovery of the marijuana in the vehicle of the trucker.

These two cases illustrate how wide the potential outcomes can be when someone is arrested for selling marijuana in NJ. Formulation of a viable defense strategy is imperative in these cases and here we see how this impacts the outcome of a case. Selection of the right New Jersey Marijuana Defense Attorneys is an important consideration in this process. Formulation of a defense that has a legitimate potential for success is also pivotal. The strategy in the first case was obviously ill-fated and this is not a surprise to me in view of the fact that "medical marijuana" did not exist in this state when the offense was committed. This limited and/or prevented the defendant from raising any facts about medical necessity as a defense at trial. The defense also had an obvious problem by virtue of the fact that the defendant was apparently found to be in possession of not only the marijuana plants but psychedelic mushrooms too.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The framework for classifying criminal charges in NJ does not follow the traditional approach of many states. Most jurisdictions categorize crimes in terms of Misdemeanor and Felony Offenses. Our criminal code does not subscribe to this approach and, instead, speaks in terms of Indictable Crimes and Disorderly Persons Offenses.

A felony is typically viewed as any charge that involves a potential period of incarceration of more than six (6) months. Under New Jersey law, this would include First Degree, Second Degree, Third Degree, and Fourth Degree crimes. All of these grades of offense involve jail exposure exceeding a year. Therefore, they fall within the traditional definition for a "felony". Additionally, the US Constitution mandates that a state indict an individual before they may be convicted of a "crime" or felony. First, Second, Third, and Fourth Degree crimes carry a right of indictment in NJ so they, again, are felonies on this basis as well.

This explanation is provided as individuals are often unaware of whether they are the subject of a felony or misdemeanor when they receive a complaint. If the charge involves a crime of any "Degree", it is a felony.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link