New Jersey Criminal Defense Attorney Blog

Two former employees of a family murdered in their Freehold, NJ home were arrested last week in connection with the crime. The victims, a brother and sister who owned a local Chinese restaurant, were slain in an apparent robbery attempt in their South Street home in the borough.

The two suspects were apprehended within minutes of the first report of the crime. This occurred when a driver observed one of the victims laying in the street with his hands tied and bleeding.

A second female victim was located in a bedroom, who had been stabbed to death. Freehold police and the Monmouth County Prosecutor's Office have charged Dong Biao Lin, 24 of New York along with Zeng Liang Chen, 20 also of New York with the crimes. The are accused of armed robbery, burglary, possession of a weapon, and felony murder.

The two were located on the outskirts of the borough and arrested by Freehold Township Police. This was after a second motorist saw the two and reported their whereabouts to police. The two are now lodged in the Monmouth County Jail in Freehold. Bail has been set at $3 Million.

New Jersey Assault Charges - NJSA 2C:12-1

§ 2C:12-1. Assault

a. Simple assault. A person is guilty of assault if he:

(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or(2) Negligently causes bodily injury to another with a deadly weapon; or
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

b. Aggravated assault. A person is guilty of aggravated assault if he:

(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3) Recklessly causes bodily injury to another with a deadly weapon; or

(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1 f., at or in the direction of another, whether or not the actor believes it to be loaded; or

(5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:

(a) Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or

(b) Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or

(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

(d) Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or

(e) Any employee of the Division of Youth and Family Services while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or

(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or

(g) Any operator of a motorbus or the operator's supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator's supervisor or as an employee of a rail passenger service; or

(h) Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff's officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or

(i) Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of his duties in regard to connecting, disconnecting or repairing or attempting to connect, disconnect or repair any gas, electric or water utility, or cable television or telecommunication service; or

(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or

(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. For purposes of this subsection, "emergency services personnel" shall include, but not be limited to, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; or

(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or

(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or

(11) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority. As used in this paragraph, "laser sighting system or device" means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

Aggravated assault under subsections b.(1) and b.(6) is a crime of the second degree; under subsections b.(2), b.(7), b.(9) and b.(10) is a crime of the third degree; under subsections b.(3) and b.(4) is a crime of the fourth degree; and under subsection b.(5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated assault under subsection b.(8) is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under subsection b.(11) is a crime of the third degree.

c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.

(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.

(3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this section.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

As used in this section, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.

d. A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

e. (Deleted by amendment, P.L.2001, c.443).

f. A person who commits a simple assault as defined in paragraph (1), (2) or (3) of subsection a. of this section in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree. The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age. It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older. The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event. As used in this act, "school or community sponsored youth sports event" means a competition, practice or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.

History:

L. 1978, c. 95; amended 1979, c. 178, § 22; 1981, c. 290, § 14; 1983, c. 101, § 1; 1985, c. 97, § 2; 1985, c. 444, § 1; 1990, c. 87, § 1; 1991, c. 237, § 2; 1991, c. 341, § 2; 1993, c. 219, § 2; 1995, c. 6, § 1; 1995, c. 181, § 1; 1995, c. 211, § 1; 1995, c. 307, § 2; 1997, c. 42, § 1; 1997, c. 119, § 1; 1999, c. 77, § 1, eff. April 30, 1999; 1999, c. 185, § 2, eff. Dec. 1, 1999; 1999, c. 281, § 1, eff. Feb. 1, 2000; 1999, c. 381, § 1, eff. Jan. 14, 2000; 2001, c. 215, § 1, eff. Aug. 20, 2001; 2001, c. 443, § 2, eff. Jan. 11, 2002; 2002, c. 53, § 1, eff. Aug. 3, 2002; 2003, c. 218, § 1, eff. Jan. 9, 2004; 2005, c. 2, § 1, eff. Jan. 19, 2005; 2006, c. 78, § 2, eff. Aug. 2, 2006.

Amendment Note:

2006 amendment, by Chapter 78, in b.(5)(d), inserted "public or nonpublic school or" three times preceding "school board"; and substituted "(i)" for "I" as the designation for the subparagraph following b.(5)(h).

Effective Dates:

Section 6 of L. 1999, c. 185 provides: "This act shall take effect on the first day of the fourth month after enactment." Chapter 185, L. 1999, was approved on August 19, 1999.

Section 2 of L. 1999, c. 281 provides: "This act shall take effect on the first day of the second month following enactment." Chapter 281, L. 1999, was approved on December 20, 1999.

Continue reading "New Jersey Assault Charges - NJSA 2C:12-1" »

State v. Frederick J. Massimi, Jr., unpublished opinion, App. Div. Docket No. A-4424-07T4 (April 30, 2010) - Conviction Reversed. "[Defendant] was found guilty of conspiracy to commit terroristic threats as a lesser-included offense to conspiracy to commit aggravated assault in violation of N.J.S.A. 2C:5-2 and 2C:12-3....

Defendant now argues that 'conspiracy to commit a terroristic threat is not a lesser included offense of second degree aggravated assault [and] therefore, the trial court erred by finding Mr. Massimi guilty of the lesser included offense"....

As the decision to consider conspiracy to commit a terroristic threat was not considered at a charge conference, and defendant did not request or consent its consideration, it must be a true lesser-included offense in order to sustain the conviction....

[W]e agree with defendant that '[c]onspiracy to commit a terroristic threat is not a lesser included offense of conspiracy to commit aggravated assault because of the added element of the threat to commit a violent crime with the intent to terrorize.' The relevant portion of N.J.S.A. 2C:12-3a requires such a threat to 'commit [a] crime of violence with the purpose to terrorize another ...."

Certainly, a second degree aggravated assault is a crime of violence. It is found within Part 1, Subtitle 2 of the Code of Criminal Justice containing 'offenses involving danger to the person.' See also N.J.S.A. 2C:43-7.2d (the history of which reflects, by virtue of its pre-June 2001 provisions, application to second degree aggravated assaults). But while an aggravated assault may terrorize a victim, it need not do so and need not be performed with that purpose. Thus, while N.J.S.A. 2C:12-3 follows the provisions of Chapter 12 of the Code of Criminal Justice dealing with aggravated assaults, it is not a lesser-included offense within the meaning of N.J.S.A. 2C:1-8d."

Freehold Borough Municipal Court

Location: 38 Jackson Street
Freehold, NJ 07728

Phone: (732) 462-2444
Fax: (732) 294-1520

The judge is the Honorable Scott J. Basen, J.M.C. The prosecutor is Kathy Sheedy, Esq. The Court Administrator is Stacy A. Kitson. The public defender is Richard Lomurro, Esq. Freehold Borough sees a lot of minor criminal matters including assaults, as well as a fair share of DWIs and speeding tickets.

Freehold Borough is a small town located in Monmouth County, New Jersey. It is surrounded by the Township of Freehold. The 2000 Census reported the borough's population at 10,976. Freehold is the county seat of Monmouth County. Freehold Borough first became a legally recognized town on March 25, 1869.

Freehold Borough spans about 2.0 square miles and is located in the center of Monmouth County and is about 65 miles south of New York City and 40 miles northeast of Philadelphia, PA. The town is approximately 16 miles west of Asbury Park and and the Atlantic Ocean.

The 2000 census reported that there were 10,976 people, 3,695 households, and 2,571 families residing in Freehold. The population density was reported at 5,501.1 people per square mile (2,118.9/km2). 3,821 housing units existed in Freehold at an average density of 1,915.1/sq mi (737.6/km2). The ethnic composition of Freehold is about 71.02% White, 15.83% Black, .55% Native American, 2.45% Asian, .02% Pacific Islander, 6.64% from other races, and 3.49% from two or more races. Hispanic or Latino of any race were 28.07% of the population. There exists a significant and thriving Latino community in Freehold, centered mostly in the downtown area.

There are approximately 3,695 homes in Freehold, of which 32.8% had underage children. 49% of the families were married couples living together, 14.2% had a female householder with no husband present, and 30.4% were non-families. 24.3% of all households were made up of individuals and 10.6% had someone living alone who was 65 years of age or older. The average household size was 2.96 and the average family size was 3.39.

In the borough the population was spread out with 24.8% under the age of 18, 10.9% from 18 to 24, 34.4% from 25 to 44, 19.3% from 45 to 64, and 10.7% who were 65 years of age or older. The median age was 33 years. For every 100 females there were 106.3 males. For every 100 females age 18 and over, there were 102.7 males.
The median income for a household in the borough was $48,654, and the median income for a family was $53,374. Males had a median income of $35,855 versus $30,377 for females. The per capita income for the borough is about $19,910. About 7.7% of families and 12% of the population live below the poverty line.

Freehold operates as a town under the Borough form of New Jersey municipal government. The Borough is governed by a mayor and a six-member borough council. The mayor of Freehold is directly elected to a four-year term of office. Borough council members serve three-year terms on a staggered basis, with two seats coming up for election each year. The governing body conducts all of its business during twice-monthly public meetings and is empowered to adopt local ordinances and pass resolutions.
The Mayor of Freehold Borough is Michael Wilson (elected in 1985, and the longest-serving mayor in Freehold Borough history). Members of the Freehold Borough Council are Council President Jaye Sims, Michael J. DiBenedetto, Kevin A. Kane, George Schnurr, Sharon Shutzer and John Newman.

Freehold Borough is located in New Jersey's 4th Congressional District and is part of New Jersey's 12th Legislative District.

Freehold is represented in the United States House of Representatives by Republican Christopher Smith. New Jersey is represented in the United States Senate by Frank Lautenberg (D, Cliffside Park) and Bob Menendez (D, Hoboken).
At the state level, the 12th legislative district of the New Jersey Legislature, is represented in the New Jersey Senate by Jennifer Beck and in the New Jersey General Assembly by Caroline Casagrande (R, Colts Neck Township) and Declan O'Scanlon (R, Little Silver). The Governor of New Jersey is Chris Christie (R, Mendham) and the Lieutenant Governor of New Jersey is Kim Guadagno (R, Monmouth Beach).

Monmouth County is governed by a five-member Board of Chosen Freeholders. As of 2010, Monmouth County's Freeholders are Freeholder Director Lillian G. Burry (R, Colts Neck), Freeholder Deputy Director Robert D. Clifton (R, Matawan), John D'Amico, Jr. (D, Oceanport), Amy A. Mallet (D, Fair Haven) and John P. Curley (R, Middletown).[17]

Freehold Borough is home to about 1,400 students in public school for grades pre-K through 8. Schools located in Freehold include Freehold Learning Center Pre-K through grade 5 (515 students), Park Avenue Elementary School K - 5 (423 students) and Freehold Borough Intermediate School grades 6 - 8 (381 students).

Students in public school for grades 9-12 attend Freehold Borough High School, as part of the Freehold Regional High School District. The Freehold Regional High School District (FRHSD) also educates students residing in Colts Neck Township, Englishtown, Farmingdale, Freehold Township, Howell Township, Manalapan Township and Marlboro. FRHSD also has a set of specialized learning programs, each one focusing on a certain topic (business, engineering, cooking, etc.) and is for students who are talented in that topic and wish to study it in college.

The Borough was given a research grant in 2004 by the National Institute of Justice, a research arm of the United States Department of Justice. The grant was named the "Teacher-Parent Authentication Security System II: The Next Generation of Iris Recognition Technology in Schools" and was awarded to the Freehold Borough Board of Education in the amount of $369,998.

Freehold was initially known as Monmouth Courthouse. In 1714, John Reid, the first Surveyor General of East Jersey, wanted the county seat located in Freehold Township. Reid then sole the land now comprising the Borough to the Board of Chosen Freeholders at a bargain price. This is probably how Freehold won the seat over Middletown and Shrewsbury. In exchange for the subsidized price, Reid put a covenant in the deed that would revert ownership back to his family if the land ever ceased being used as a courthouse.

Freehold is well services by highways and roads. U.S. Route 9, Route 33, 537, and 522 traverse the Freehold Borough. The Henry Hudson Trail also runs north along an abandoned rail line to Matawan.

The New Jersey Transit bus service links Freehold with surrounding towns, Newark Liberty Airport and Manhattan. Service also exists from Freehold and Six Flags Great Adventure.

Mercer County Superior Court
Mailing Address:
PO Box 8068
Trenton, NJ 08608
Street Address:
209 S Broad Street
Trenton, NJ 08608

East Windsor Municipal Court
Mailing Address:
80 One Mile Road, East
Windsor, NJ 08520
Phone Number: (609) 448-3228

Ewing Township Municipal Court
Mailing Address:
2 Jake Garzio Drive
Ewing, NJ
Phone Number: (609) 883-2900

Hamilton Township
Municipal Court
Mailing Address:
1270 Whitehorse Ave Cn00150
Hamilton, NJ
Phone Number: (609) 581-4071

Hightstown Municipal Court
Mailing Address:
148 N Main Street
Hightstown, NJ
Phone Number: (609) 490-5105

Hopewell Borough Municipal Court
Mailing Address:
PO Box 343
Hopewell, NJ
Phone Number: (609) 466-0968

Hopewell Township Municipal Court
Mailing Address:
201 Washington Crossing
Pennington Road Titusville, NJ
Phone Number: (609) 737-1035

Lawrence Township Municipal Court
Mailing Address:
Municipal Square P.O. Box 6006 Lawrenceville, NJ
Phone Number: (609) 844-7159

Pennington Borough Municipal Court
Mailing Address:
30 North Main Street
Pennington, NJ
Phone Number: (609) 737-1016

Princeton Borough Municipal Court
Mailing Address:
PO Box 390 1 Monument Dr
Princeton, NJ
Phone Number: (609) 497-7600

Princeton Township Municipal Court
Mailing Address:
400 Witherspoon St.
Princeton Township, NJ
Phone Number: (609) 924-5042

Trenton Municipal Court
Mailing Address:
225 N Clinton Ave
PO Box 1360 Trenton, NJ
Phone Number: (609) 989-3700

Washington Township Municipal Court
Mailing Address:
1117 Route 130
Robbinsville, NJ
Phone Number: (609) 259-7085

West Windsor Municipal Court
Mailing Address:
20 Municipal Drive PO Box 38 Princeton Junction, NJ
Phone Number: (609) 799-0915

In this case recently decided on appeal, a NJ criminal defense appeal lawyer successfully argued that the police's search and seizure of evidence was illegal. The court found that the State could not establish that the police were acting under the community caretaking or plain view exceptions.

State v. Andre Scott, unpublished opinion, App. Div. Docket No. A-1787-07T4 (November 17, 2009) - Conviction reversed, suppression ordered. "The State justifies the warrantless entry of the police officers into the first-floor apartment as a part of their community caretaking function.

However, ... , the motion judge found that the police's community caretaking function arose only after they observed the open door to the first floor apartment -- an observation necessarily made from the building's hallway, since the judge found that the building's owner, Martin, was unable to see the doorway from her vantage point at the entrance to the residence.

Nothing in the record suggests that the police had any authorization to enter the hallway, either from Martin or from a first-floor resident. Their presence in that hallway thus violated the Fourth Amendment....

[T]he State has failed to meet its burden of proving that it was reasonably fulfilling its community caretaking function when it entered, first, the building owned by Martin, second, the first-floor apartment in that building and, third, the bedroom occupied by defendant and Taylor.

We further conclude that because the police were not lawfully on the premises, their invocation of the plain view exception to the warrant requirement as justification for seizure of the drugs found on the bedroom nightstand fails." (Michael Noriega, Designated Counsel)

http://www.judiciary.state.nj.us/opinions/a1787-07.pdf

In this recent case decided on appeal, the defendant claimed his attorney was ineffective at his criminal trial because the attorney did not raise the issue of voluntary intoxication as a defense to defendant's shooting and weapons charges. Summary by Mark Friedman.

State v. Victor McCargo, unpublished opinion, App. Div. Docket No. A-5691-06T4 (November 16, 2009) - Denial of PCR reversed, remanded for evidentiary hearing. "One of the issues defendant raised in his petition was his allegation that his trial counsel had been ineffective for failing to raise his intoxicated state at the time of the shooting as a defense.

He included with his petition certifications from his brother Dante McCargo and his friend Arnold Lyles, as well as his own certification, detailing the amount of alcohol he had consumed.... In [his] certification, [defense counsel] stated that he left it to his co-counsel to discuss the question of intoxication with defendant since co-counsel was to conduct defendant's direct examination....

If an allegation of ineffective assistance of counsel is to fail because of a strategic choice made by counsel, there should be a showing that, indeed, counsel considered the issue and selected one avenue of defense over another. There would be many sound reasons for trial counsel to have elected not to pursue an intoxication defense in this matter, but we are unable to conclude from this record that such an election was in fact made....

Because there is no record on this question, we are unable to conclude whether it is entirely devoid of merit or whether defendant is entitled to further relief. We thus reverse the order denying post-conviction relief and remand the matter for further proceedings." (Patricia Drozd, Designated Counsel)
http://www.judiciary.state.nj.us/opinions/a5691-06.pdf

In a joint-operation conducted by the Monmouth County Prosecutor's Office, the Monmouth County Sheriff's Office, the US Marshal's Service, the New Jersey Parole Board, and the Asbury Park and Neptune Police Departments, nearly 100 fugitives were arrested over the course of three days last weekend.

Many of the defendants arrested in Monmouth County are suspected of felony charges.
These include gang-related crimes, aggravated assaults, burglaries, and drug charges. Most of the arrests were made in the cities of Neptune and Asbury Park.

Police also seized various firearms as well as drugs including large amounts of heroin and marijuana. Most of the suspects are lodged at the Monmouth County Jail, Freehold Township.

Sean Robinson, 41 of Freehold, has been charged by police in Monmouth County with allegedly stabbing his child's mother in Long Branch. The woman was critically injured in the attack.

Last Friday, Long Branch police responded to a 911 call reporting that a woman had been attacked by a man wielding a knife. Police and paramedics arrived at the University Place home in Long Branch and found the woman with several knife wounds. Police later arrested the suspect on Joline Avenue and charged him with aggravated assault, attempted murder, and related weapons offenses.

Robinson is also in the hospital as a result of wounds he sustained in the attack. After his recovery, he will likely be lodged at the Monmouth County Jail in Freehold Township in lieu of $630,000 bail.

Thomas Anderson, a 42 year-old man from Freehold, was charged this week with endangering the welfare of a child and sexual assault. The crimes allegedly took place approximately 14 years ago in Ocean County. Anderson is lodged in the Ocean County Jail. His bail is set at $250,000. It is not clear if he has retained a criminal defense attorney.

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.

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" »

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.

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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.

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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" »