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

Now that the summer months are here everyone is making their way down to the Jersey Shore. One of the main pastimes in the summer is partying. Along with partying comes drinking. Along with drinking comes violence, property crimes, traffic violations and other bad decisions. Don’t let your summer and life be ruined by a bad decision made during your summer at the shore. Let the Law Offices of Jonathan F. Marshall help you in defending your case against your bad summer decisions. Call today for your free consultation at 732-450-8300.

Many people don’t realize how their interactions with the police can affect their future. You may think that your summer arrest is just a heavy fine you have to pay from your pocket, but in reality many times it results in a permanent record which can affect your future in educational opportunities, and job opportunities. In today’s economy many employers do background checks and anything on your record can disqualify you for a position.

The biggest offenses people face in the summer are DUI and DWI offenses. Driving under the influence of any illegal substance is against the law, this includes marijuana and narcotic pain killers. Driving with a Blood Alcohol Content (BAC) of .08% or higher is also illegal. It is even illegal to carry 10 or more pills of any prescription drug if it is not in its proper prescription bottle, even if it is your own prescription from your doctor. Driving under the influence of either drugs or alcohol are very serious offenses and they can lead to jail time, fines and the suspension or loss of your license. At the Law Offices of Jonathan Marshall we are very experienced in defending clients against DUI and DWI charges. There are many different ways to help your case and every situation is different so call our office today for your free consultation.

A big part of summer fun is the clubs and bars people attend. You may be at the shore with your friends and everyone is 21 but you. What do you do? Get a fake ID from a friend and use it to get past the bouncers and enjoy some illegal drinks. Using a fake ID is a serious offense. It amounts to the charge of tampering with public records. In a time where the fear on terrorism is high, law enforcement takes these offenses very seriously. There is especially stricter enforcement in the summer. You may think by using an ID from another State you are in the clear because the bouncers won’t know the difference, but in reality they check those ID’s with more scrutiny. You may get lucky and the bouncer will just take your ID and ban you from entry, but more times than not an arrest will ensue. Using a fake ID can lead to the loss of your license (either now, or if you do not have it - when you get it) and even jail time, along with a mark on your permanent record.

Another thing people don’t realize is that those summer parties you have at your shore house can lead to the neighbors calling the police. The police may come and issue noise violations which can cause hefty fines. The officers may even begin talking to your guests and checking ID’s. It is important to remember that offering alcohol to any underage person is a criminal offense so be careful who you allow to party with you and don’t let their fake ID’s fool you.

One of the main offenses people face in the summer is the disorderly persons offense of criminal mischief. This is also known as disturbing the peace and can include things like being belligerent in public , damaging any form of property (including your rental home), disorderly conduct and maintaining a nuisance. In an episode of the Jersey Shore, Snooki was arrested for public drunkenness and then resisted arrest. Although reality shows are not always real, these are real and serious offenses that will leave a permanent mark on your record. Resisting arrest can amount to a crime in the fourth degree. Sometimes when you are under the influence you do not have your mind right to make good decisions. It is important that you get assistance in defending yourself against these types of charges.

Lewdness is also a popular summertime offense. Lewdness is any type of conduct that can be seen by someone else as offensive. This includes things such as public urination, “mooning” friends or strangers, “flashing” (revealing private body parts to a non-consenting person), public masturbation or touching oneself in an inappropriate way. These things may seem funny to you and your friends when you are under the influence, but they can have a strong negative impact on your future when you are arrested for it!

At the Law Offices of Jonathan F. Marshall, our defense team is made up of former prosecutors from around the state. This enhances our experience and success defending clients against criminal charges. Our defense team can work with the prosecutors and judges to get your charges downgraded. A violation of a municipal ordinance will amount to only a fine and no permanent record. Our defense team can even work to get your charges dropped completely. Do not face your charges alone and get a permanent criminal record that you could have prevented all because you had too much fun one summer at the shore. Call our offices today for your free consultation at 732-450-8300.

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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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A 19 year old Toms River man narrowly avoided a disaster this weekend. He lost control of his vehicle on Route 34 in Wall, crossed the median, entered a gas station and collided with a gas pump. His SUV sustained considerable damage which prevented the suspect from escaping the scene. He has been charged with DWI, Underage DWI, and Leaving the Scene of an Accident. His case is scheduled to be heard in Wall Township Municipal Court.

Where an individual is below legal drinking age, he or she can be charged with Underage Driving While Intoxicated. This offense carries less severe penalities than a traditional DWI, for example, limited licence suspension, reduced fines, and the conviction does not constitute a conviction for purposes of a subsequent adult DWI. The draw back of an underage conviction is the fact that it only applies where an individual has a BAC below .08% or no readings.

In this particular case, I suspect that the defendant's age shall provide significant opportunity for the defense to mitigate his penalties. If the breath test readings can be supressed or dismissed, the suspect may be able to limit his license suspension substantially. This is the angle we would pursue on this case.

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The Asbury Park Press reported today on three separate robbery cases which arose in recent days in Monmouth County.  One of the incidents involved an assault turned robbery in Long Branch. There was no weapon involved. In another case in Neptune, the robbery involved a holdup by a suspect armed with a handgun. In the third theft, a shoplifting turned into a robbery in Holmdel New Jersey.

The three cases are interesting as they each illustrate a different pedigree of robbery. In this regard, a theft turns into a robbery where force is used to escape. This is commonly referred to as a strong arm robbery.  A strong arm robbery is a Second Degree offense punishable by 5 to 10 years in prison. Where a weapon is involved, the robbery is termed an armed robbery. Armed robbery is a First Degree charge in New Jersey and carries 10 to 20 years of imprisonment. It is important to keep in mind that an armed robbery need not involve a traditional weapon like a gun, knife or bat; a car can even be a weapon as was the case in the Holmdel robbery wherein the suspect used a car to assault a store employee during escape.

We previously reported on the rise in theft statistics statewide. The report of three robberies yesterday in Monmouth County may be a reflection of this trend.

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We like to report on particularly good results and interesting issues that our defense attorneys encounter in handling criminal cases in New Jersey. Yesterday, we were fortunate enough to achieve a dismissal of prescription drug possession and related offenses filed against our client in Monmouth County. This particular client had an extensive prior felony record and was looking at multiple third degree charges stemming from prescription drugs, specifically Valium pills, that were found to be in his possession following a routine motor vehicle stop.

New Jersey has a “constructive possession” law when it comes to drug charges. In this particular case, law enforcement claimed that our client was in constructive possession of the Valium that was discovered in the glove compartment of the vehicle. We asserted various defenses to the indictment and criminal charges. In this regard, while the motor vehicle was in the custody and control of our client, it was our position that he lacked knowledge of the existence of the drugs such that he could be deemed in constructive possession of the same.

Although our client was indicted on the charges, we were ultimately able to achieve a dismissal of the case filed against him. It is always satisfying to obtain a dismissal of criminal charges outright such that our client can avoid the impact of a felony conviction. This outcome was very important in this case as our client had four prior felony convictions and was undoubtedly looking at years of state prison time if convicted. Needless to say, the client was estatic with the result and so was I.

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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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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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The statewide crime statistics have been released for Monmouth County and Ocean County. In terms of violent crime, Ocean County had an approximately 8% increase in 2008 whereas Monmouth County had a decrease of a similar percentage. The offenses included in these figures were murder, rape, robbery, and aggravated assault.  In terms of details, Aggravated Assault charges were in both Counties.

Non-violent statistics included burglary, larceny/theft, and motor vehicle theft.  Both Counties experienced a sizable increase in non-violent crime.  Larceny and theft was up in Monmouth County and Ocean County. This might be expected given the economic downturn.

Notwithstanding the statistics, I cannot say that our NJ criminal defense practice has noticed any change. The deviations appear to be very minor and do not appear to be the result of any push one way or another.
 

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An Asbury Park NJ couple was stopped for a routine traffic violation but things escalated from there.  Police claim that an ensuing search of the driver, passenger and vehicle, yielded discovery of 40 bricks of heroine.  A subsequent search of the apartment of the suspects resulted in seizure of another 60 bricks of heroine, two kilos of cocaine, and $425,000 in cash.  Bail has been set at approximately $950,000 and $700,000 for the defendants.

In accordance with N.J.S.A. 2C:35-5, possession of in excess of five (5) ounces of cocaine is a First Degree Crime. The same holds true where someone possesses, with intent to distribute, more than this amount of heroine. These two suspects are obviously well over the threshold for a First Degree Offense.  The jail exposure would be, at a minimum, ten (10) years and the Brimage guidelines automatically apply given the First Degree charges.  This means that parole ineligibility and extended term provisions shall also apply in these cocaine and heroine cases.

As I read the newspaper articles, the circumstances of the searches appear, however, somewhat cryptic. This usually means that the underlying facts are tenuous.  Experienced NJ Cocaine Distribution Attorneys are going to be a necessity if these defendants are going to have any chance of mitigating these charges
 

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As a NJ criminal defense attorney, I occasionally find myself in a no win situation.  A recent cocaine distribution case arising out of Ocean County and Monmouth County serves as a good example.

We were retained to represent an individual allegedly in possession of approximately 1,000 grams of cocaine. The arrest occurred in Monmouth County but was in conjunction with an Ocean County task force investigation.  The incident took place almost a year ago now and a bail motion failed to succeed in reducing bail below $1.0 million.

For approximately one year now, I have been attempting to get the Ocean County Prosecutor's Office to move on this distribution of cocaine case. I am in a difficult position, however, as the prosecutor on the case is threatening to indict my client on a kingpin charge.  If I press the prosecutor too much, I can count on a kingpin indictment yet my client and his family are all over me to do something.  Do I file a motion to suppress and virtually assure that my client is exposed to the potential for a life sentence under the kingpin statute or do I continue to calm the client and his family.  

Heavy cases involving distribution of cocaine in New Jersey can be both complex and exciting to handle. There are often interesting legal issues which work their way into these cases, however, the flip side is that prosecutors typically take a hard line with significant weight cocaine charges. This is precisely the dynamic facing our NJ cocaine distribution defense attorneys in this case.

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