International Extradition & Noriega Litigation

Posted on March 25, 2010 by John Marshall

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.

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Marijuana Distribution & Cultivation Case Updates

Posted on March 21, 2010 by John Marshall

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.

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Felony Offenses in New Jersey

Posted on March 14, 2010 by John Marshall

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.

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NJ Disorderly Persons Offenses & Charges

Posted on March 6, 2010 by John Marshall

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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