New Jersey Criminal Defense Attorney Blog

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. Freehold Borough sees a lot of minor criminal matters including assaults, as well as a fair share of DWIs and speeding tickets.

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State v. Andre Scott, unpublished opinion, App.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.

Continue reading "New Jersey Expungement Process" »

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" »