Posted on July 2, 2009 by John Marshall

NJ Extradition of Drug Distribution Suspect Ends Successfully

There are some days where everything comes together perfectly and that was the situation today.  In this regard, we were retained to represent a women who was a fugitive from New Jersey for almost 20 years for First Degree Cocaine Distribution.  Although she never resorted to serious efforts to disguise her identity and even used her own social security number, it took authorities until June 2009 to arrest her.  She was eventually apprehended by United States Marshalls in the Southeast and was thereafter extradited to NJ to face her charges. Our client was exposed to 10-20 years of incarceration on the original charges and additional time for bail jumping.

The facts surround our client's case literally read like a made for movie storyline. After fleeing NJ, she built a solid, law abiding life, having married, raised three children, graduated with a four year college degree in accounting, and having gained significant career success. She had no prior nor subsequent history of criminal activity.

Upon becoming involved in this case, we immediately made sure that a waiver of extradition was executed such that no unnecessary delay in transport to NJ was incurred. The only thing needed to be accomplished once the waiver was executed was to coordinate transport to New Jersey and insure that this was undertaken immediately. We were able to achieve this goal and the client made her way back to the state within a number of days.  A problem encountered in extradition situations can be, however, adequate notice concerning an extradited suspect's initial appearance in New Jersey. An individual is almost immediately brought before a Judge and communication as to arrival and the initial hearing can be challenging. In this case, we were able to get to Warren County when our client arrived at Court and, rather than simply discuss bail, we engaged the Prosecutor in plea negotiations. The weaknesses in the case were obvious in view of the age of the case (e.g. availability of police officers, changes in vehicle search laws, etc.).  On top of these issues, the Prosecutor was somewhat sympathetic  to our client's situation.

We were able to obtain an extraordinary resolution in our judgment. Our client pled guilty to third degree possession of CDS with no period of incarceration - probation only. Additionally, insofar as the client avoided a conviction for drug distribution, she is eligible for expungement of her conviction. The plea also provided for the immediate release of our client thereby avoiding the significant delay, obvious bail issues (e.g. client committed bail jumping while out on $75,000 bail), which would have resulted in her remaining in a New Jersey jail for months. She was immediately released to her family and only needs to return for sentencing to fully resolve her case. I was ecstatic with the result and I believe our clients shared this view.

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Posted on June 27, 2009 by John Marshall

Prescription Drug Charges Inevitable for Jacko Physician?

As the managing partner of a criminal defense law firm that handles quite a bit of prescription drug offenses, I have my suspicions concerning the death of Michael Jackson. Indeed, as his story unfolds, it appears that he may be no different than the electrician who overdosed on prescription opiates after suffering a catastrophic work injury or the firefighter who OD'd on oxycontin. The tragic stories go on and on, and the man in the mirror may have fallen like so many. The question which parents, employers, and others often express to me is - how can individuals obtain so much medication?  

There is no clear answer to this question.  We often find "doctor shopping" in order to obtain medication. There are also those instances where individuals with legitimate conditions seek excessive medication and then sell the excess. Another common scenario is a situation where a physician is simply writing scripts excessively or is otherwise acting unreasonably. This appears to be the explanation given by commentators in the Michael Jackson investigation and my experience as a NJ Prescription Drug Charge Defense Lawyer tells me that Mr. Jackson's physician may be looking at some criminal problems down the road. I would also not be surprised if physicians find themselves responding to the same types of civil claims that confront the New Jersey Medical Malpractice Lawyers in our state.

Is this going to be another Anna Nicole saga?  I have my prediction but I will keep it to myself.  Irrespective, I would definitely consult an attorney if I was Michael's physician.

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Posted on June 17, 2009 by John Marshall

NJ Shoplifting Site is Ready to Launch

For several months now, our staff has been working to develop significant content to be contained on our newly developed shoplifting site. With the assistance of our summer associates, Will, Jayde and Kat, the site is virtually complete and includes a full discussion of all of the major issues associated with New Jersey Retail Theft offenses. We have given particular attention to the problem areas for shoplifting in the state in hopes of assisting in navigation of these venues.  The site is scheduled to launch this Friday, June 19, 2009, with the assistance of Justia.com.

We encourage our readers to consult the site if they are interested in consulting with NJ Shoplifting Defense Lawyers and/or researching the subject. Individuals are also encouraged to consult our office at 1-877-450-8301 if they posssess a particular question. Initial consultations are always without charge.

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Posted on May 20, 2009 by John Marshall

Man Arrested for Theft of Wallet in Hazlet

A Hazlet man was arrested and charged with theft for stealing a wallet out of a woman’s shopping cart at K-Mart. The suspect has been charged with Theft by Unlawful Taking.  Bail has been set at $25,000 and the case will undoubtedly be referred to the Monmouth County Superior Court in view of the bail amount (i.e. appears to be Third Degree bail).

Under N.J.S.A. 2C:20-3 of New Jersey Criminal Law, an individual may be indicted for Theft by Unlawful Taking or Disposition and this can be a Second Degree, Third Degree or Fourth Degree crime. An indictment is properly grounded under N.J.S.A. 2C:20-3 when an individual unlawfully takes or exercises unlawful control over the property of another. The term “unlawful" refers to the accused's knowledge that he was not entitled to take, exercise control over or dispose of the property. The accused must also intend to deprive the true owner of the property.

Here there is no question that the defendant comitted a theft by unlawful taking provided the story is accurate. He snatched the wallet and took off with it thereby manifesting an intent to deprive the owner of the property. The only real issue in this case appears to be where the charge will fall in terms of Degree of Crime. The grading of a theft by unlawful taking is predicated on the value of property or money involved: (a) it is a Second Degree Offense if the theft involved a value of $75,000 or more; (b) it is a Third Degree Offense if the value involved is between $500 and $75,000; and (c) it is a Fourth Degree Offense if the value involved is between $200 and $500. The extent of this suspect's problem will hinge on how much money the woman was carrying in her wallet.  I certainly hope the victim did not have a winning lottery ticket in her wallet.
 

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Posted on May 19, 2009 by John Marshall

Monmouth County Robbery Suspect Takes Interesting Fall Which May Result in Obstruction & Hindering Charges

A Wall Township man was arrested and charged with robbery after stealing a money box from a local restaurant. The suspect stole the box when restaurant personnel were preoccupied with an order. The defendant was apparently unsatisfied with this theft and demanded additional money from the clerk. Police were able to identify the man and executed a search at his home. Upon arriving at the assailant’s home, police were greeted by his mother who denied knowledge of his whereabouts. As they continued questioning of the mother, the defendant fell through the sheetrock ceiling and landed on the floor. Police then arrested the man for the robbery and bail was set at $50,000. Charges of hindering and/or obstruction have yet to be filed against the mother.

Robbery is a Second Degree Crime under N.J.S.A. 2C:15-1 where no weapon is involved. A person can be charged with robbery in accordance with section 2C:15-1 if, in the course of committing a theft, he causes:  1) bodily injury to another or uses forces on anotheror;  2) threatens or purposely puts another in fear of  immediate bodily injury; or 3) commits or threatens to commit a crime of the first or second degree. A charge or indictment for Robbery requires four elements: (1) the accused attempted or committed a theft; (2) the defendant threatened or used force during the course of the theft; (3) the force or threat of force occurred during the theft or flight from the theft; and (4) the accused acted intentionally. It appears that the State will have an easy time establishing these elements if the facts contained in the press are accurate.

The more complicated question in this case may involve potential charges against the suspect's mother for violating N.J.S.A. 2C:29-3 by virtue of hindering apprehension or prosecution of her son. N.J.S.A. 2C:29-3 describes seven types of conduct which constitute hindering: (1) harboring or concealing a person who is being sought by law enforcement; (2) aiding a suspect by providing a weapon, money, transportation, disguise or other means to avoid discovery or apprehension; (3) concealing, tampering or destroying evidence of a crime or information which would otherwise aid law enforcement; (4) warning the suspect of anticipated apprehension; (5) making threats, force, intimidation or deception to prevent or obstruct apprehension; (6) engaging in conduct to protect the profit or gain derived from the commission of a crime; or (7) giving false information to prevent, hinder or impede investigation or apprehension. Each of the above acts must be undertaken with the purpose to hinder in order for the related conduct to provide a basis for violation under N.J.S.A. 2C:29-3. The statute also requires that the suspect have knowledge that the person being protected was the target or actually charged with a crime, motor vehicle offense or insurance fraud. The degree or grading of a hindering offense is predicated on the extent or seriousness of the underlying offense sought to be hindered and the relationship between the suspect and the person who is the target of the underlying offense. Where an individual is hindering to avoid a crime of the Second Degree or higher, the hindering is a third degree crime. An exception to this rule applies, however, where the target and the hinderer are spouses or enjoy a parental relationship. In this instance, the hindering is a Fourth Degree crime. Hindering is otherwise a disorderly persons offense.

It appears that if the mother here had knowledge that her son was in the home and that he was the target of a robbery or actually committed the robbery then she could be found guilty of a Fourth Degree crime. The mother could be guilty under a theory of harboring or concealing a person sought by law enforcement, warning the suspect of anticipated apprehension, or giving false information to prevent/impede the investigation/apprehension. The mother’s statements to the police that her son was not home would have had to be for the purpose to hinder the investigation/apprehension (which they presumably would have been).

 

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Posted on May 9, 2009 by John Marshall

NJ Shoplifting Defense Site Is Under Development

The number of individuals arrested for shoplifting in New Jersey every year is staggering. It is also important to keep in mind that shoplifting is not limited to those of modest means but also involves individuals who are members of the middle and upper class of our society. We know this because we are retained by an extraordinary number of individuals every year who have been charged with shoplifting.

Given the demand for defense representation in this area of law, we were surprised to learn that there was no comprehensive source for individuals to refer to for information regarding NJ Shoplifting Offenses.  We therefore decided to develop such a source. Our New Jersey Shoplifting Attorneys have put their almost forty years of collective experience to work in compiling this content. We believe that www.njshopliftinglawyer.com shall quickly become the most informative publication for nj shoplifting issues. We are excited to have this opportunity and encourage individuals to consult our office directly at 1-877-450-8301 if they are in need of assistance.

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Posted on May 8, 2009 by John Marshall

NJ Underage Drinking Law May Include Amnesty Provision

Various youth organizations have been pushing for an amnesty provision under the New Jersey Underage Drinking Law, N.J.S.A. 2C:33-15. Currently, a minor is guilty of a Disorderly Persons Offense if he or she possesses or consumes alcohol while being under the legal drinking age of 21 years old.  While such a violation is not a crime, a conviction nevertheless gives rise to a record. 

The Legislature of NJ is considering an exception under the statute for those who are "outed" as a result of calling for police assistance. The proposal would grant immunity to those under 21 if they call police because another underage drinker needs medical assistance. Proponents claim that the exception is needed to eliminate the chilling effect which currently exists for those underage to summon the police.

Underage drinking arrests are on the rise in NJ. Police are aggressive in enforcing N.J.S.A. 2C:33-15 and I think that some even see this as an opportunity to attack other issues. The honest truth is, however, that our attorneys are overwhelmingly successful in getting these offenses downgraded and/or dismissed under the current law.

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Posted on May 8, 2009 by John Marshall

Death By Auto Trial to Begin in Cape May New Jersey

Almost 3 years ago, two sisters were killed in a collision with a state trooper.  The girls were running an errand and had the misfortune of being struck by a police cruiser allegedly involved in a chase. The officer admittedly did not have his siren or lights activated at the time of the accident.

The trooper was issued multiple motor vehicle tickets following the accident. He was later indicted for death by auto.  He is facing 5 to 10 years in prison if convicted of this offense. This controversial trial is set to begin in Cape May County.

The New Jersey Death by Auto Law is set forth at N.J.S.A. 2C:11-5. An individual is criminally culpable under this provision if he or she operates a vehicle "recklessly" and it results in the death of another. While these cases typically involve some element of intoxication, the law does not mandate involvement of foreign substance and reckless conduct of any origin will suffice. In order to be convicted of vehicular homicide, an individual must have been the operator of a vehicle, his or her operation must have resulted in the death of another, and must have been reckless. An individual must act without due regard for a high risk of injury to another to be reckless under N.J.S.A. 2C:11-5 and N.J.S.A. 39:4-96.

In this case, the state has a significant burden to satisfy if it is going to obtain a conviction. The truth is that cases like these are rarely prosecuted. I can only suspect that there is much more to this case than is offered in newspapers and other publications. We will keep you posted on the outcome. 
 

 

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Posted on May 7, 2009 by John Marshall

Defending Another Monmouth County Prescription Fraud Charge?

Local news sources have reported on the arrest of a Monmouth County man stemming from his attempt to fill a fake prescription in Middlesex County.  The script was for oxycodone and was presented in the name of a NY physician.  The gentelmen was charged with Third Degree Prescription Fraud and an assortment of other charges. We have been consulted by the suspect based on our experience in this area of law.

The main laws implicated in a case like this are N.J.S.A. 2C:35-13 ("Obtaining Prescription Drugs by Fraud"), N.J.S.A. 2C:21-1  ("Forgery"), and N.J.S.A. 2C:35-10.5 ("Prescription Drug Possession or Distribution"). The primary focus of the prosecution in these cases is typically the Prescription Fraud charge under N.J.S.A. 2C:35-13, which is a Third Degree Crime. The possession offense is usually secondary as most individuals are caught without obtaining the prescription drugs or otherwise possess a limited quantity of pills.  There is also a Fourth Degree charge which comes up in these cases that involves possession of a prescription drug without a valid prescription issued by a licensed doctor. 

We also find that these charges frequently have a dependency overlay.  Opiate drugs can be very addictive and can cause all types of people to resort to criminal conduct to avoid withdrawal sickness. In fact, we have even represented doctors, pharmacists, pharmaceutical sales representatives, nurses, and medical office managers on these types of charges.  Over our years of experience defending these cases, we have built a network of professionals to address dependency issues which allows us to attack these cases on all fronts.

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Posted on May 6, 2009 by John Marshall

NJ Criminal Defense Attorney Takes Plea in Prostitution Case

A prominent NJ criminal lawyer pleaded guilty the other day to promoting prostitution. The related charge stemmed from his involvement in a popular escort service operated out of New York.  The attorney had originally been charged with felony offenses but the plea involved a downgrade to a misdemeanor offense.

It is unclear from the reports as to the exact of the defendant's involvement in the prostitution enterprise. Nonetheless, the New Jersey Prostitution Law, N.J.S.A. 2C:34-1, would expose an individual who promotes prostitution to a Disorderly Persons Offense, Fourth Degree Crime or Third Degree Crime, depending on the underlying facts and circumstances.  An accused promotes prostitution when he or she operates a prostitution business, induces another to be a prostitute, solicits someone to engage a prostitute, transports a prostitute or provides property to be used for prostitution. It appears that the attorney was more of a silent partner in the prostitution venture in question but that would, nevertheless, constitute conduct which promotes prostitution. His plea was to NY's version of our Disorderly Persons Offense of Promotion Prostitution.

The outcome in this case is akin to what you would expect to happen in New Jersey.  I am glad that the lawyer was treated fairly rather than receiving harsher treatment than a normal person under the circumstances.  A felony was avoided and this seems just in view of the fact that no one was intentionally injured.

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