New Jersey Criminal Defense Attorney Blog

Eatontown police working with the Monmouth County Prosecutor's Office arrested Frederick Hargrove and also seized nearly $60,000 worth of suspected heroin this week. Hargrove is suspected of running a major drug trafficking ring in Monmouth County.

Police say they conducted numerous controlled heroin buys from Hargrove using undercover officers. Hargrove was allegedly found with nearly 3,000 bags of heroin packaged for sale, blank prescription pads and almost $2,000 in cash.

The suspect has been charged with two second-degree drug offenses as well as and 16 third-degree crimes and related charges. Hargrove is lodged at the Monmouth County Jail in Freehold Township in lieu of $320,000 bail.

Hargrove's roommate, Kristina Marie Chapman, was also arrested for stealing blank prescription pads from a pharmacy where she worked. If you have been arrested or convicted of a drug charge in Monmouth County or Ocean County, call an experienced Freehold-based criminal defense attorney for an evaluation of your case.

If you have been arrested or charged with a drug offense in New Jersey, you may be eligible for entry into "Drug Court." Drug Court is an alternative to prison for certain individuals charged with non-violent drug offenses.

Nearly 80% of all crimes in New Jersey are committed by individuals under the influence of drugs or alcohol. Research has shown that New Jersey prisons are simply overloaded with non-violent drug offenders. In response, the New Jersey Courts implemented the Drug Court program. Combining drug treatment and supervision has been shown to be much more effective in reducing drug dependency that simply sending an individual to prison.

Unlike a typical criminal trial, Drug Court is a non-adversarial process. Drug Court includes intense probation supervision, frequent and random drug screening, and drug treatment and counseling. You are eligible to enroll in Drug Court if you are a non-violent, drug offender. The program is specifically designed for defendants who probably would never have been involved with the criminal justice system if not for their drug problems. Applicants must be clinically examined and then screened by the Drug Court team before they are admitted into the program.

Continue reading "New Jersey Drug Court Overview" »

Mark Karg, 21 of Spring Lake Heights, was arrested this week for burglary, criminal mischief and theft resulting from an incident that occurred at Aberdeen Auto Sales in Monmouth County. Karg was also charged with similar crimes in connection with a car break-in in Monmouth County.

The defendant was arrested Monday morning while sleeping in a vehicle allegedly stolen from the Aberdeen dealership. He is currently lodged in the Monmouth County Jail in Freehold Township with bail set at $142,500.

Police in Monmouth County arrested David Tyson, 20, of Neptune Township, this week and charged him with possession of a weapon for an unlawful purpose, attempted murder, and conspiracy to commit armed robbery.

The charges stem from an incident that occurred in May, where Tyson allegedly opened fire on three men also from Neptune Township. None of the victims were injured. The incident occurred on Monroe Avenue in Neptune Township, Monmouth County.

The defendant is lodged at the Monmouth County Jail, Freehold, in lieu of $650,000. It is unclear whether Tyson has retained a criminal defense attorney.

DWI - DUI checkpoints and roadblocks are common in Monmouth and Ocean Counties. In New Jersey, DWI checkpoints were originally set up to "inform the public about the dangers of drunk driving." However, they clearly serve a more practical use - producing arrests of New Jersey drivers for drunk driving.

A vehicle which is pulled over at a DWI - DUI checkpoint, is technically "seized" within the meaning of the 4th Amendment of the US Constitution. However, the United States Supreme Court found in the 1990 case of Michigan Dept. of State Police v. Sitz that the use of DWI - DUI roadblocks is reasonable under the Constitution since the inconvenience to drivers pulled over is greatly outweighed by the harm drunk drivers pose to the public.

New Jersey DWI - DUI law was ahead of the curve. In 1985, the New Jersey Supreme Court held in State v. Kirk that DWI - DUI checkpoints and roadblocks are legal as long as police satisfy three criteria. These are that: 1) the roadblocks must be authorized by an "established" (meaning high level - a Sergeant was once deemed not senior enough to authorize) police command authority, 2) the area targeted must be chosen based on objective criteria, such as being statistically high-risk, and 3) Proper advance warnings must be given to the public. Note that this last requirement was later eliminated in State v. DeCamera.

Continue reading "DWI - DUI Checkpoints in New Jersey" »

James Hankins Jr., 40, of Island Heights, pleaded guilty this week to charges that he defrauded thirty-six Monmouth County and Ocean County investors out of over six million dollars. It is unclear if Hankins' New Jersey criminal defense attorneys plan an appeal of his conviction.

Hankins operated what is known as a "Ponzi" scheme, where a criminal entices unwitting investors to turn over their money, but instead of actually investing the money, the criminal simply pays older investors with the money gained from newer investors, always taking the lion's share for himself. In Hankins' Ponzi scheme, he stole money from Ocean County residents of Toms River, Lakehurst, Point Pleasant, Island Heights, and Lavallette; and Monmouth County residents in Freehold, Howell, Wall, Ocean Township, Middletown, Spring Lake, Spring Lake Heights, Red Bank, West Long Branch, and Little Sliver. The illegal operation was conducted for over seven years until Hankins was arrested in 2008.

The funds were supposed to be invested in life insurance policies, but Hankins simply pocketed most of the cash, spending it on a lavish lifestyle that included a nearly 4 million dollar estate in Florida, fine wines, private jets, and lavish jewelry.

Hankins appeared before Ocean County Judge Francis Hodgson to plead guilty to money laundering, failure to file a tax evasion, and fraud. In a combined prosecution, prosecutors from Monmouth and Ocean County will recommend the defendant be sentenced to 20 years in New Jersey State Prison, with a 10-year period of parole ineligibility pursuant to a negotiated plea agreement. The defendant must also repay the victims in Monmouth and Ocean County he defrauded. If found guilty after trial, Hankins may have been exposed to fifty years in New Jersey State Prison.

Police in Monmouth County, New Jersey have arrested a 21 year old Middletown man who allegedly bragged online about being a pedophile.

Gary Wolchesky has been charged with endangering the welfare of a child - a third-degree crime punishable by 3-5 years in prison. He is being lodged at the Monmouth County Jail in Freehold in lieu of $100,000 bail.

Monmouth County prosecutors say they became interested in Wolchesky after viewing a YouTube clip of him discussing child pornography. Police and investigators then searched the Middletown man's home, resulting in the discovery of images on the defendant's computer that depicted children clearly less than sixteen performing sexual acts.

If you have been charged with any kind of sexual offense in New Jersey, you must be proactive and seek competent legal representation as soon as possible. The penalties for any sex offense in New Jersey are severe, and include listing on the Megan's Law database.

Lakewood, New Jersey police officer Jonathon WIlson had just gotten back to his home in Manchester when he was called to assist in arresting a suspect in Ocean County on a 'no-knock warrant." The New Jersey cop described having a bad feeling about the arrest from the moment he received the call.

For the past 6 years, Wilson was a member of a special brach of the Lakewood Police known as the "Tactical Entry Team." Wilson responded to the call and geared up for the assault on the Lakewood, New Jersey colonial style home. The first man in, Wilson was assigned with suppressing any fire from the front in order to protect the rest of the team.

After going up a flight of stairs, Wilson suddenly felt his face burning and began falling backward back down the staircase. Wilson did not know that he had just taken a bullet to the face and returned fire at the suspect. Wilson did know something was very wrong, and his thoughts immediately turned to his family. The suspect, Jaime Gonzalez of Lakewood, along with three other Lakewood officers was also shot in the exchange.

The warrant for Gonzalez's arrest was issued after investigators from the Ocean County Prosecutor's Office made arrested a high-value suspect named Javier Franco in Seaside Heights. Both men are accused of running a large-scale drug and gun trafficking network inside New Jersey and extending elsewhere. It is unclear whether any of the men have hired a criminal defense attorney.

The Monmouth County criminal trial of a Millstone man charged with hiring a hit man to kill his Red Bank lawyer is set to begin this week in Freehold.

Former Millstone resident Nicholas Lucarella was arrested and charged with arranging for the attorney who handled his divorce to be murdered after losing on a child-custody issue. Monmouth County prosecutor's have accused Lucarella of paying Vancleve "Q" Ashley, a north-jersey man, to kill his former Monmouth County lawyer.

Ashely and a second man then scheduled an appointment with the Monmouth County attorney at his office in Red Bank. The pair used aliases and faked interest in hiring the Monmouth County lawyer to handle a New Jersey legal matter.

Continue reading "Freehold Criminal Trial set for Monmouth County Lawyer's Attempted Murder" »

New Jersey criminal defense attorney Paul Bergrin, of Marlboro, was sentenced this week in Manhattan for running a prostitution ring. The former federal and Essex County prosecutor still awaits trial in New Jersey on charges including bribery and murder.

Earlier this year, the top New Jersey criminal defense attorney was arrested after a grand jury returned a fourteen-count racketeering indictment against him. The most serious charge in the indictment involves Bergrin's alleged arrangement of the murder of a witness who was scheduled to testify against his client.

Prosecutors in New Jersey allege that the lawyer passed the identity of the secret witness, who was later murdered in Newark, along to hit men, working for his client. It is further alleged that Bergrin, a Monmouth County resident, bribed and threatened other witnesses from testifying against his former clients. It is unclear whether the defense attorney plans to appeal his conviction.

The following New Jersey criminal appeal cases were decided by the New Jersey Superior Court - Appellate Division and New Jersey Supreme court over the summer of 2009.

Miranda Warnings:

On appeal in State v Wessels, 408 N.J. Super. 188 (App. Div. 2009), the New Jersey Appeals Court ruled on whether a break in custody to speak with a lawyer mandates a new set of Miranda warnings to be given to a criminal suspect. The panel held that under the facts of the case, the nine-day break in custody was long enough for the suspect to consult with a criminal defense attorney. As such, the police could reinitiate questioning after a valid waiver. Note that the United States States Supreme Court came to the opposite conclusion in Edwards v Arizona, 451 U.S. 477 (1991), finding that the defendant must initiate the second interview in order for interrogation to resume after a request to speak with a lawyer.

Right Against Self-Incrimination:

In the New Jersey criminal appeal State v. Baum, 199 N.J. 545 (2009), the New Jersey Supreme Court held decided whether a criminal defendant may assert a co-defenant's Fifth Amendment right in order to suppress evidence. The Court held that the right is a personal one and cannot be vicariously claimed by a co-defendant.

Continue reading "New Jersey Criminal Appeal Highlights (Summer 09)" »

A Monmouth County man is suspected by authorities in New Jersey of stealing nearly $40,000 from a bank in northern New Jersey.

A reward of $1500 has been put up by Bank of America for any information concerning the robbery, which occurred during the afternoon of October 9th. Police suspect the man may be from either Asbury Park or Keansburg.

Police have put out a description of the robber as a 5-6'' stocky man. His image was captured on surveillance video. Police are asking that anyone with any information call (201) 295-5012.

A New Jersey Appellate Division panel reversed the criminal conviction of a man whose trial featured the videotaped deposition of a key witness. The criminal appeals court judges found that Marcus Hollen's 6th Amendment right to confront the witnesses against him had been violated by allowing the jury to view the videotape.

New Jersey Court Rule 3:13-2(c) allows the use of videotaped depositions in a criminal trial only if a material witness is unable to testify because of death or incapacity. In Holland's case, a key witness had left the country and returned to his home country, Pakistan.

The criminal appeal was from Hollen's Passaic County conviction for violating N.J.S.A. 2C:39-7, which prevents any person convicted of a crime to possess a weapon. In 2004, Paterson Police responded to a report of shots fired in front of a fast food restaurant. Hollen, the defendant, was in the vicinity and reportedly approached the window of the restaurant and demanded that the witness, O. Khan, hide a handgun for him. Hollen threatened to kill Khan if he refused.

Continue reading "New Jersey Criminal Appeal Victory on Videotape Deposition Issue" »

At least thirteen arrests were made this week in Monmouth County, Ocean County, Morris County and Hudson County, New Jersey after investigators discovered two separate, major pharmaceutical drug trafficking networks operating in the State. The suspects include a number of New Jersey pharmacists and doctors.

The drug dealers allegedly defrauded Medicaid and several private insurance companies into paying for thousands of pain pills obtainable by prescription only. Known as "Operation MedScam," the NJ Attorney General's Office conducted a one-year investigation into the drug dealing rings. The drugs sold by the rings included OxyContin, Percocet, and RoxyCodone. The dealers would obtain fake prescriptions from doctors then fill the orders at New Jersey pharmacies.

The alleged masterminds of the drug rings include Robert Silverman, a 43-year old Jersey City man, Louis Lisi, 34, of Union City, and Brian Kelly, a 48-year old Hoboken resident. Over a thousand narcotic pain killers were found after the individuals and other locations were searched.

Continue reading "NJ Pharmaceutical Drug Sting Results in Over a Dozen Arrests" »

The following New Jersey criminal appeal cases were decided by the New Jersey Superior Court - Appellate Division and the New Jersey Supreme Court in September. These case summaries were provided courtesy of Mark Friedman of the New Jersey State Office of the Public Defender.

CRIMINAL APPEALS

State v. David Cooper, ? N.J. Super. ?, 2009 N.J. Super. LEXIS 219 (September 25, 2009) - Denial of PCR affirmed. "We first reject the suggestion that this appeal is moot by virtue of the Governor's commutation of defendant's sentence to life without parole and the Legislature's abolition of the death penalty and substitution of a sentence of life without parole. In State v. Fortin, 198 N.J. 619 (2009), the Supreme Court held that a defendant who had been found guilty of capital murder committed before the death penalty was abolished, but who had not been sentenced at the time the death penalty was abolished, could only receive the statutorily substituted sentence of life without parole if he were tried at a penalty proceeding and the jury found that an aggravating factor or factors existed and outweighed any mitigating factors.... As a result, if defendant's conviction were to be set aside in the PCR proceedings, he would be entitled to a new trial and, if found guilty of capital murder, he would be in the same position as Fortin, subject to life without parole only after another penalty phase hearing in which the aggravating factor or factors were found to exist and to outweigh the mitigating. And if defendant were found to have ineffective assistance of counsel at the penalty phase only, or the sentence were otherwise set aside, he would be entitled to a new penalty phase hearing because the result could still impact the sentence. Under Fortin, life without parole, as opposed to a sentence with a thirty-year period of parole ineligibility, can only follow a penalty proceeding at which the aggravating factors were found to outweigh the mitigating. 198 N.J. at 633. Otherwise, ex post facto principles would preclude imposition of a sentence of life without parole." (Claudia Van Wyk, Designated Counsel; Jean D. Barrett, Lawrence S. Lustberg, and Jonathan L. Hafetz, Designated Counsels [on the brief])
http://www.judiciary.state.nj.us/opinions/a2810-07Redacted.pdf

CRIMINAL DEFENSE AND APPEAL ATTORNEYS

State v. Samuel Siligato, unpublished opinion, App. Div. Docket No. A-0603-06T1 (September 3, 2009) - Case remanded for evidentiary hearing. "[D]efendant argues that ... a new trial is required because defendant's trial attorney or his firm 'represented three important adverse trial witnesses'.... The argument is premised on the fact that his trial attorney, Louis Barbone, also represented Gary, Franks, Will and Gary Dixon, Jr.... The State now contends that 'the potential for actual conflict at trial' was eliminated in this case because defense counsel's representation of the State's witnesses 'ended well before the start of defendant's jury trial in May 2006.' However, that contention is not supported by the record and was not the State's position at times before the trial court. It appears that Barbone continued to represent defendant after the witness tampering charges were filed while his firm, at least technically, remained the attorney of record for two of the affected witnesses, Gary and Willy, and another key witness for the State, Angela Davis. Through the trial, it continued to represent one of the affected witnesses, Willy, in a matter on appeal.... [T]he Sixth Amendment right to conflict-free counsel, and the possible impact of Barbone's representation on the testimony of his other clients, necessitate a remand for an evidentiary hearing as to whether a new trial is warranted on that basis. In addition, the judge should take evidence and consider defendant's knowledge of any conflict, its impact and whether he waived the conflict by his actions. While the 'appearance of impropriety' may no longer be a basis for discipline of a lawyer, it should be considered in connection with the perception of a conflict of interest and a fair trial." (David A. Ruhnke)
http://www.judiciary.state.nj.us/opinions/a0603-06.pdf

Continue reading "NJ Criminal Appeal Law Highlights (September 09)" »

A Monmouth County Grand Jury sitting in Freehold returned an Indictment last week against a New York man accused of trying to abduct a Monmouth County man he believed was dating his ex-girfriend.

In April, Thomas Filupeit, 53 of Margaretville, NY allegedly drove to Long Branch, in Monmouth County, New Jersey, with a knife, pillowcase, and duct tape. The pillowcase was found with handcuffs and string inside. Filupeit unsuccessfully attempted to enter the Long Branch home before the victim saw him and called police. Filupeit jumped in his car and drove away, but was later pulled over and arrested.

Continue reading "Burglary and Weapons Charges filed in Freehold for Attempted Kidnapping" »

A grand jury sitting in Monmouth County last month indicted 40-year old Fair Haven resident Stephen Severio. The indictment contained charges of second-degree theft by deception, commercial bribery and misappropriation of funds. Second-degree criminal charges in New Jersey each carry up to ten years in prison.

The defendant was a financial advisor for Merrill Lynch in Red Bank, where he allegedly stole money from his own clients. The Monmouth County Prosecutor's Office began investigating Severio last year after being tipped off by Merrill Lynch's Internal Fraud Unit.

The first red flag Merrill Lynch noticed was that Severio was "selling away" existing Merrill Lynch clients. Selling away is a term used in the financial industry for persuading your own firm's clients to withdraw funds from their accounts and invest them elsewhere. This practice is against industry standards and Merrill Lynch internal regulations.

Continue reading "Fair Haven Financial Advisor Indicted by Monmouth County Grand Jury" »

New Jersey has some of the strictest DWI /DUI laws in the nation. While it is not technically illegal to drink and drive, driving while "intoxicated" can easily result in license suspension, substantial fines, and even jail. Prosecutors in New Jersey have been ordered not to plea bargain in DWI / DUI cases, so it is vital that you hire an experienced DWI / DUI attorney to protect your rights.

In order to be convicted of DWI / DUI in New Jersey, the State must prove beyond a reasonable doubt that you operated a motor vehicle while intoxicated. There are two methods the prosecution can use to prove you were intoxicated.

The first method is by introducing a valid blood alcohol content (BAC) reading of .08% or higher. This is typically done through the use of a breath test. While most people are familiar with the "breathalyzer" machine, State and local police in New Jersey now utilize the "Alcotest." In the highly publicized case of State v. Chun, the New Jersey Supreme Court held that the Alcotest is scientificaly reliable if properly administered.

An experienced DWI / DUI lawyer can sometimes have the results of the breath test thrown out if the defense attorney can show that the test was not properly administered. This may be possible if the police did not continously observe you for 20 minutes prior to taking your breath sample. It may also be the case that the particular machine you were tested on was not properly calibrated in the past six months or that the officer did not properly administer the test. There are other ways to beat the Alcotest as well, some which may require the use of an expert witness.

Many New Jersey DWI / DUI suspects mistakenly believe that the State cannot prove its DWI / DUI case if there is not a valid Alcotest reading. This is false. The prosecution can also prove you were intoxicated by introducing the arresting officer's "observations." These observations can include how poorly you performed on the Standard Field Sobriety Tests (SFSTs).

Continue reading "NJ DWI (DUI) Law Overview" »

Lawyers handling the appeal of a man fatally shot in Camden County, New Jersey have filed papers in federal court appealing the dismissal of a wrongful death action filed by the deceased man's estate.

Eric Quick, a 31-year old Burlington County resident, allegedly led police on a chase through Camden County in the summer of 2003. The chase ended with Quick abandoning the stolen vehicle he was driving on I-295 in Bellmawr. Quick ran into the nearby woods, allegedly holding a glass crack pipe in one hand. Believing the pipe was a weapon, police opened fire on Quick. 39 shots were fired at Quick, 18 of which hit their mark.

In February, a federal district court judge threw out a civil suit against the officers. The suit alleged that Quick posed no threat to the officers, who used excessive force by opening fire on the unarmed man. New Jersey appeal lawyer Andrew Smith argues in his third circuit appeal that the district court judge ignored testimony by his expert and by the state's medical examiner.

Continue reading "Appeal Filed in New Jersey Fatal Police Shooting" »

The New Jersey State Police in Monmouth County have arrested five suspects for burglary in connection with over fifty car break-ins that occurred in Millstone and Upper Freehold this past summer.

Items worth roughly $10,000 were allegedly stolen by the group in the western Monmouth County area over the months of June, July, and August, investigators said. Police have not released the names of those arrested as the investigation is still underway.

A separate series of break-ins occurred around Stacey Drive in Upper Freehold around the same time. Police have taken a 13 year old boy from Upper Freehold into custody in connection with these burglaries.

It is unclear whether either of these sets of burglaries are related to yet another 3 break-ins that were committed in Millstone and Upper Freehold recently. In these last cases, the perpetrators either kicked in the front doors or entered the houses through open windows.

Continue reading "Arrests Made in Freehold Area Burglary Spree" »

If you have been convicted of a crime or have lost in a civil suit in New Jersey, you typically have 45 days to appeal to the Superior Court - Appellate Division. This will initiate your appeal and begin the months to year long appellate process. However, there are some situations where this long wait simply will not do. In these cases, you should consider filing an emergency appeal with New Jersey's appeals court.

The first thing you should know is that you do not have the right to actually "file" an emergent appeal. Rather, you must first apply for permission to file for emergent relief. The process is tricky, and you should certainly consider consulting with an attorney who has experience handling New Jersey criminal and civil appeals.

There are several prerequisites to filing an emergent appeal. The most obvious is that you need to be actually appealing the decision of a trial judge or administrative agency. Make sure that you have received a signed written order from that judge or agency. It is this order that you will technically be "appealing".

You must notify you adversary of your intention to file an emergent appeal. This can be done by filing a notice of appeal with your adversary, the trial court, and the appellate division judge to whom you will be appealing. Next, you should file a notice of motion for the emergent relief you are seeking. Note that this step is unnecessary if the only relief you are seeking is leave to appeal. A supporting brief is not necessary at this point but it would be prudent to begin preparing one at this time in case your application to file for emergent relief is granted. Finally, you must downloading and prepare the New Jersey Appellate Division's standard form for applying for emergent relief.

Continue reading "Emergent Criminal and Civil Appeals to the New Jersey Superior Court" »

A 16-year old Monmouth County girl from Asbury Park was arrested in Colts Neck Township this week for DWI (DUI) and Driving without a License.

The Nissan Maxima the girl was driving contained four other teenagers, all from Asbury Park. The group was pulled over by Colts Neck Police Officer Ronald Breuer just after 1:00 a.m. on Saturday.

The traffic stop was initiated after police observed the vehicle driving recklessly on Rt. 34 in Colts Neck. The driver initially gave police a false name, but her identity was soon discovered.

Continue reading "Monmouth County Teen Arrested for DWI - DUI in Colts Neck Township" »

A corrections officer at the Monmouth County Jail in Freehold was charged this week with attempting to sell prescription painkillers to a an inmate he was supposed to be guarding.

Todd Messinger, 40 of East Brunswick, was arrested while still wearing his uniform at the Monmouth County Jail on Tuesday after he allegedly received the drugs to pass on to the inmate, whose identity is unclear at this time. The painkillers involved are believed to have been Roxycodone.

Messinger worked at the jail for nine years before being suspended without pay this week. The former Monmouth County Sheriff's Officer has been charged with conspiracy, official misconduct, and possession of a weapon while committing a drug offense. He was allegedly still carrying his firearm while attempting to deliver the drugs to the inmate. He was released after posting $560,000 bail.

Continue reading "Monmouth County Jail Officer Arrested on Drug Charges" »

A Manalapan Township couple was arrested last week for shoplifting, robbery and related crimes outside Wegman's on Rt. 9 in Manalapan.

The suspects, Steven and Theresa Costigan of Grandview Lane, were seen by store security leaving the store with over $390 in merchandise. When store security approached them in the parking lot, one of the suspects allegedly drove their vehicle into the guard, resulting in an assault by auto charge. The couple was also charged with endangering the welfare of a child as a result of their bringing their 4-year old son along.

The couple initially fled the scene but was later stopped by Manalapan Police on Woodward Road in the township. Mr. Costigan is lodged at Monmouth County Jail in lieu of $7,500 bail while his wife secured her own release after posting a $5,000 bond.

Continue reading "Manalapan Couple Arrested for Shoplifting and Robbery at Wegman's" »

The attorney for a man convicted of a fatal DWI - DUI in Belmar this summer appealed to a Superior Court Judge in Freehold this week to reverse the 30-day jail sentence his client received. A Belmar Municipal Court Judge ordered the 30-day sentence, which was upheld on appeal this week in Monmouth County Superior Court in Freehold.

It was argued that the sentence was excessive given the defendant's lack of any prior criminal record, DWI - DUI or even a traffic ticket in the past 25 years. The family of the victim, Christopher Nowak, 22 of Staten Island, disagreed.

"He deserved more than that," the victim's father said. "But under the circumstances, that's all that we could have hoped for." "At least he got the 30 days," said the victim's mother. "This is the best ... New Jersey can do for us."

The defendant, 54 year-old Mark Rich of Neptune, was convicted of slamming his Corvette into the victim on Rt. 35 in Belmar and then continuing to drive for nearly a mile with the victim's 6-2'' body trapped in the front windshield of the car. The driver had a blood alcohol content (BAC) of .115, well over the legal limit of .08

Continue reading "Freehold Appeal of Fatal DWI / DUI Denied" »

A New Jersey expungement can help you clean up your record by removing your prior arrests and convictions from public view. In today's job market, any blemish on your criminal record can break your chances for getting a new job or keeping the one you already have.

Almost all potential employers require you to answer whether you have been arrested or convicted of a crime. Even if you already have a job, many employers conduct random background checks on their employees, especially when considering who to let go when times are tough. After obtaining a New Jersey expungement, you will be entitled to answer "no" to any question regarding your past record.

The process involved in obtaining an expungement is somewhat complicated. The process begins with hiring an experienced criminal defense attorney. Your attorney will review the information you provide regarding your record and determine if you are eligible for an expungement. If you are eligible, the next step is filing a petition for expungement, proposed order for an expungement hearing, proposed expungement order, and verification that you are eligible for a New Jersey expungement. These forms are highly detailed, and should only be prepared by an attorney. Any mistake can result in you having to start the process all over again.

Continue reading "New Jersey Expungement Process" »

The Monmouth County Prosecutor's Office and Manalapan Township Police Department received an unexpected windfall last week when the federal government issued checks worth almost $270,000 to those agencies.

The payments were funded by forfeited money resulting from a joint task force comprising the IRS, the U.S. Attorney's Office for the District of New Jersey, the Monmouth County Prosecutor's Office, and the Manalapan Township and Hillside Police Departments. Monmouth County Prosecutor Luis Valentin accepted $163,340 from the U.S. Treasury while Manalapan Police Chief Stuart Brown received a check worth $104,428 on behalf of his Department. The joint task force was formed to investigate violations of the Bank Secrecy Act (BSA).

Congress enacted the BSA in 1970 to help spot money "laundering" and other financial crimes. The Act requires banks to keep paper trails on certain large transactions.
Probably the most widely known of these transactions are individual deposits or withdrawls for more than $10,000.

Continue reading "Monmouth Prosecutor's Office and Manalapan Police Share Dirty Money" »

Anyone who has grown up with a television set in their home has undoubtedly heard the name "Miranda." In Arizona v. Miranda, the United States Supreme Court held that all criminal suspects must be advised of their right to remain silent and speak with an attorney. Sounds simple enough, but no legal principle seems to generate as much confusion among non-lawyers as the so called "Miranda" rule.

Under the federal and New Jersey Constitutions, a criminal suspect must be advised of his or her 5th Amendment right to remain silent and their 6th Amendment right to an attorney under the following circumstances only: 1) The suspect must be in police "custody;" and, 2) The suspect must be subjected to "interrogation."

"Interrogation" in the Miranda context basically means that you are being expressly or "functionally" questioned by the police. The test to determine whether a suspect has been the subject of "functional" questioning is whether the police knew, or should have known, that their conduct was reasonably likely to elicit an incriminating response from the person.

"Custody" in this context is defined more broadly than simply being arrested. Rather, custody occurs for purposes of Miranda when a reasonable innocent person would believe that he or she was not free to leave the scene. As such, you can be in "custody" while in your own home, at a roadside pullover, or in public.

Continue reading "New Jersey Miranda Rights and You" »

The Monmouth County trial is underway in the case of a woman who has accused Freehold Police of using excessive force while arresting her and her son last January.

On January 28, 2008, Migdalia Irizarry attended a basketball game in Freehold when a fight broke out. Irizarry testified that she told a Freehold police officer that night that the people responsible for starting the fight were not being arrested.

Freehold Police Officer Chris Colaner then allegedly approached Irizarry, cursed at her, and instructed her to return inside the school or else she would be arrested.

The next morning, Irizarry went to the Freehold Borough police headquarters to report the incident to Freehold Police Chief Mitch Roth. Irizarry left a message with Roth's secretary but did not hear back from the Chief that day.

Continue reading "Freehold Borough Police Brutality Trial Underway in Monmouth Superior Court" »

If you have been convicted of a crime in New Jersey, or if you have lost in a civil court, you have the right to appeal. However, the New Jersey appeal process can be confusing and highly time sensitive. You should immediately consult with an experienced appellate attorney if you are considering an appeal in New Jersey.

If you have been convicted of a traffic violation in a New Jersey Municipal Court, you have only 20 days to file your notice of appeal with the Superior Court, Law Division, in the county in which your municipal conviction occurred. If you have been convicted of a crime or have lost a civil proceeding in the Superior Court, Law Division, you may appeal to the Superior Court, Appellate Division. In this case, you must file your notice of appeal within 45 days from the day of the entry of final judgment in your case.

The first step in initiating your appeal is to file your notice of appeal with the clerk's office in Trenton. You must also order the transcripts from your trial and serve them upon your adversary and the court. Finally, you must prepare your "appellate brief" which lays out the reasons you feel your conviction or judgment should be reversed. This is not meant to be a complete guide but simply an overview. There are other important steps. An experienced appellate attorney can take care of the entire process and give you the best chance for success on appeal.

Probably the biggest misconception of an appeal is that is a new trial. It is not. Rather, an appeal is a proceeding in which you cite errors that the trial court may have made in your case. If these errors are deemed serious enough by the appellate court, the court may reverse your conviction or judgment and remand your case for a new trial or hearing.

Continue reading "New Jersey Appeal Process Overview" »

A Wall Township resident was killed this week in Monmouth County when he was allegedly involved in a collision with a Farmingdale man who had six prior DWI/DUI convictions.

The victim, John Chiarell, was hit by a van driven by Walter Poland III, 46. Poland was taken into custody by police on Monday for DWI/DUI Knowingly Leaving Scene of an Accident Resulting in Death and Causing a Death while Driving on the Revoked List. Poland has seven previous DWI/DUI convictions and his license is suspended until 2030.

Continue reading "Drunk Driving (DWI) Suspected in Monmouth County Death" »

Howell Township police arrested a Farmingdale man last week in connection with the theft of $100,000 worth of jewelry from a home in Howell.

The defendant, Cono Colasurdo, 23, was arrested following an investigation into several unrelated burglaries in Freehold Township. Police were searching for Colasurdo since July 1 after an similar incident took place on Palisades Drive in Freehold on June 3.

Colasurdo and a second individual allegedly broke into the Howell home and removed family heirloom jewelry including custom-made, antique Italian pieces. The 49 year-old woman who owned the home chased the two burglars from the property and called the police.

Continue reading "Monmouth County Arrest Made in Howell Jewelry Theft Case" »

New Jersey is fast becoming the heroin capital of the United States. Drug enforcement agents and drug counselors are reporting an unprecedented spike in heroin trafficking and addiction - especially among juveniles. In fact, the rate of heroin usage among juveniles in New Jersey is nearly twice the national average.

Due to increased availability and a seeming change in culture, an astounding number of juveniles are now reporting heroin and prescription synthetics such as oxycontin and roxycodone as their drugs of choice. Historically, juveniles would begin experimenting with drugs such as marijuana and alcohol. Later, some juveniles and young adults would move on to drugs such as cocaine and other narcotics. Unfortunately, that trend is changing.

Continue reading "New Jersey Sees Juvenile Heroin Use Spiking" »