New Jersey Criminal Defense Attorney Blog

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

Proper jury instructions are an essential part of a criminal trial. In this recent case decided on appeal, it was held that the trial judge failed to give the jury adequate instructions regarding the law, warranting a reversal of the defendant's NJ criminal conviction. Summary by Mark Friedman.

State v. Michael A. Walker, unpublished opinion, App. Div. Docket No. A-5809-07T4 (November 5, 2009) - Conviction for attempted criminal trespass reversed. "[W]e are satisfied that the court's charge on the offense of attempted criminal trespass was insufficient....

The trial court did not include ... a reference to the necessity of the offense having been committed in a dwelling, an essential element of the fourth-degree offense of criminal trespass. The statutory definition of structure that the trial court did provide to the jury, taken from N.J.S.A. 2C:18-1, includes all structures and does not make the distinction between a dwelling and other structures essential to
the degree of trespass in N.J.S.A. 2C:18-3a.

Absent a finding by the jury that this offense involved a dwelling, defendant could not be convicted of a fourth-degree crime; the offense would be a disorderly persons offense.... [T]he most that may be gleaned from the jury's verdict is that they found him guilty of attempting to commit a disorderly persons offense. Our criminal code, however, does not recognize such an offense." (Michael C. Kazer, Designated Counsel)
http://www.judiciary.state.nj.us/opinions/a5809-07.pdf

Robert McLaughlin, 76, of Lakewood, will stand trial in Ocean County Superior Court in Toms River for allegedly fleecing a South African man out of $75,000 in a fake gold deal. The defendant declined to enter into a plea agreement with prosecutor and will instead take his chances at trial before Superior Court Judge Wendel Daniels.

McLaughlin was indicted for theft and money laundering and is exposed to fifteen years in state prison. He would be required to serve nearly eight years before becoming eligible for parole. The plea bargain would have had the defendant plead guilty to theft if the state would recommend a 7-year term in state prison and restitution.

The defendant allegedly accepted over $70k from a gold broker and spent the money on himself rather than the gold he had promised to deliver. After the gold was never delivered, the broker contacted the police, who arrested McLaughlin in June. The defendant did not make bail, and is lodged in the Ocean County Jail.

Thomas Roselli, a 44-year-old Matawan resident, was arrested recently for allegedly breaking into a Manalapan Township home on October 19. The burglary occurred on Belair Ln, off of Taylors Mills Rd.

Police say Roselli knocked on the front door of the home, then broke in through the sliding door in the back of the house after no one answered. The daughter of the homeowners was inside the house when the burglar first knocked, then locked herself inside a bathroom and called police.

The girl also called her mother, who alerted a neighbor. The neighbor then went to the front door to investigate. The burglar then ran out the back to a car he had waiting nearby. The suspect was chased by the neighbor, who was able to note the car's license plate.

The license plate led Manalapan police, assisted by Matawan police to Roselli. Roselli was taken into custody in Old Bridge Township and was housed in the Monmouth County Jail in Freehold Township.

If you have been charged, arrested or convicted of Burglary, contact a Monmouth County criminal defense attorney for an evaluation of your case.

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.

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.

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" »

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" »

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" »

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" »

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" »