New Jersey Criminal Defense Attorney Blog

State v. Mark Thomas Bourne, unpublished opinion, App. Div. Docket No. A-3889-07T4 (June 30, 2010) - "We reverse defendant's convictions for third degree theft and remand....

Continue reading "NJ Theft Conviction Reversed on Appeal" »

On 6/16/10 Highlands, NJ police were dispatched to Barberie Avenue to a report of a burglary in progress. Police later arrested Michael A. Smith, 21, of the same street for the crime.

Smith is accused of 5 counts of both burglary and theft. After searching his house, police uncovered car radios, GPS devices, cellular phones and other electronics equipment. Smith was lodged in the Monmouth County Jail, Freehold Township, in lieu of $15,000 bail. If convicted, Smith could face up to 5 years in prison for each offense.

Burglary is a either a second or third degree crime, depending on the factors described below. A second-degree crime in NJ is punishable by 5-10 years in prison. A third-degree carries a sentence of 3-5 years in prison.

§ 2C:18-2. Burglary

a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:

(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter;

(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or

(3) Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:

(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or

(2) Is armed with or displays what appear to be explosives or a deadly weapon.

Otherwise burglary is a crime of the third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

Continue reading "N.J.S.A. 2C:18-2 - New Jersey Burglary Charges " »

Depending on the value of the property alleged to have been stolen, a New Jersey charge of theft can range from a Disorderly Person Offense (Misdemeanor) all the way to a second-degree Indictable Crime (Felony).

Anyone convicted in New Jersey of theft of property valued at $75,000 or more is guilty of a second-degree crime. A NJ theft charge will also be of the second-degree if the property was taken by extortion. A second-degree charge in New Jersey is punishable by 5-10 years in Prison and a $150,000 fine.

A NJ theft charge is of the third-degree if the property involved exceeds $500 but is less than $75,000. A conviction in New Jersey for a third-degree crime carries 3-5 years in Prison and a $15,000 fine.

A charge of theft in New Jersey of property valued between $200 and $500 is a fourth-degree crime punishable by up to 18 months in Prison and a $10,000 fine. Theft of property valued under $200 is a Disorderly Persons Offense, punishable by up to 6 months in jail and a $1,000 fine.

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" »