New Jersey Criminal Defense Attorney Blog

In this recent NJ Criminal Appeal, the defense attorney successfully argued that a police search of a vehicle's glove box was illegal.

State v. Ricardo Manuel Ortiz and Arnaldo A. Ortiz, unpublished opinion, App. Div. Docket No. A-4026-08T4 (December 28, 2009) - Suppression of evidence affirmed. Although the stop of the vehicle for having too-darkly tinted windows was justified, and the smell of unburned marijuana gave the police "a well-grounded suspicion that criminal activity was afoot," "we conclude that sufficient credible evidence in the record supports the motion judge's finding that the police lacked exigency to search the glove compartment without first obtaining a warrant, either by telephone or in person....

[A]t all times, the occupants of the SUV complied with police directions, including moving their vehicle some distance from the scene. There was no indication they knew Arnaldo's vehicle contained CDS, nor was any CDS in plain view. Far from presenting any threat to the officers' safety or preservation of the evidence, one of the SUV occupants, a relative of defendants, was actually given the keys to Arnaldo's Honda to take possession of the vehicle upon the defendants' transport to jail....

Equally lacking is any indication that any delay occasioned by obtaining a warrant to search the car would have jeopardized either the officers' safety or the integrity of the evidence.... Koeppen, upon opening the glove compartment and observing the bag, did not believe the bag contained a weapon of any kind. Even if Koeppen lawfully opened the glove compartment, there would have been no justification under the State's theory for further searching the plastic bag, which did not appear on its exterior to contain any weapon therein....

Here, to avoid suppression as fruit of the poisonous automobile search, the State had to prove by clear and convincing evidence that the cocaine in Ricardo's shoe and sock would have inevitably been discovered as a result of a search incident to a lawful warrant or an inventory search prefatory to his incarceration on that charge. Yet the State has offered no evidence -- much less clear and convincing proof -- of the circumstances attending Ricardo's stationhouse search....

Moreover, there is no evidence to suggest that Ricardo would have been lawfully confined to a municipal or county detention facility, that he would not otherwise have been released on his own recognizance, or have posted bail if, in fact, bail had been set on the warrant charge. To the contrary, the record is silent even as to the underlying charge on which Ricardo's outstanding warrant was based." (Marc E. Lieberman)
http://www.judiciary.state.nj.us/opinions/a4026-08.pdf

In this recent criminal case won on NJ appeal, the defendant convinced the appeals court that his expert witness should have been allowed to testify that he was a drug addict. This would have assisted the defense that drugs found on his person were for personal use and not for sale.

State v. Ryshan Tatum, unpublished opinion, App. Div. Docket No. A-1313-08T4 (December 23, 2009) - Convictions reversed following remand for hearing on whether expert's opinion could be of assistance to the jury.

"Although the judge found that McCorkell qualified as an 'expert in alcohol and substance abuse counseling with an expertise in therapy and counseling,' he concluded that McCorkell's testimony would not have been of assistance to the jury, or that even if it would, it would not have affected the result of the case.

We disagree with the first proposition and find the second proposition irrelevant under the Supreme Court's remand order.... The average juror would not know about the standards for determining drug addiction set forth in the DSM-IV. Thus, an expert's opinion applying those standards to determine if defendant was a drug addict would be useful in deciding whether that was so or not.

Since in this case, the defense was that the drugs were for personal use, defendant's status as an addict would obviously be relevant. Of course, drug addicts can and often do sell drugs to support their habit, but if a defendant was a drug addict at the time of the offense, it is at least more likely that he had the drugs for personal use....

Since McCorkell's testimony could be of assistance to a jury and since it cannot be barred simply because he relied on the kind of hearsay that experts in his field rely on, and because he did not squarely address the substance of Graves's testimony, we are obliged to reverse and remand for a new trial."

http://www.judiciary.state.nj.us/opinions/a1313-08.pdf

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

Under current New Jersey law, a prosecutor may veto a criminal defendant's application for Pre-trial Intervention (PTI). However, that power is not without limitation. In this NJ criminal case recently decided on appeal, the Court reversed a prosecutor's refusal to allow the defendant to enter the PTI program. Summary by Mark Friedman.

State v. Jovan Alvarez, unpublished opinion, App. Div. Docket No. A-0501-08T4 (November 24, 2009) - "Defendant Jovan Alvarez appeals his judgment of conviction of August 15, 2008, on the basis that the prosecutor abused his discretion in refusing defendant admission into the pretrial intervention program (PTI) governed by N.J.S.A. 2C:43-12 to -22 and Rule 3:28, and its accompanying Guidelines for Operation of Pretrial Intervention in New Jersey.

We agree. Although defendant was accepted into the PTI program, the prosecutor objected to his admission into the program on the basis that defendant did not accept full responsibility for his criminal conduct....

We do not find a factual basis in this statement to support the prosecutor's conclusion that defendant did not accept responsibility for his criminal conduct. Defendant quite plainly admitted that he had been using and distributing marijuana and that he was very sorry he had done so. Although the prosecutor specifically contended that defendant denied selling drugs and claimed he only used them, that is a clearly mistaken reading of the PTI interview record.

Defendant admitted selling drugs, but explained that he was doing so to support his own drug habit. Defendant's statement in the PTI evaluation supports the PTI Program Director's conclusion that '[t]he defendant accepted responsibility for his involvement in the instant offense and further expressed remorse for his actions.

This is viewed as an indication of his apparent amenability to rehabilitation.'... We conclude that the prosecutor's decision to deny defendant admission into the PTI program goes 'so wide of the mark' that it constitutes a 'patent and gross abuse of discretion.'

Defendant is a good candidate for the rehabilitative efforts of PTI.... Defendant's conviction is reversed, and he shall be admitted into the PTI program. The time he has spent on probation for this offense shall be counted toward his time in PTI." (Jane M. Personette)
http://www.judiciary.state.nj.us/opinions/a0501-08.pdf

Police in New Jersey are obviously trained to spot signs of criminal activity during routine traffic stops. However, police do not have the right to search your car just because you have been pulled over for a motor vehicle offense.

The first step in determining whether police can search your car is whether the police had "reasonable suspicion" to stop you in the first place. Law enforcement officials may stop motor vehicles when they have a reasonable suspicion that either the vehicle or occupant is subject to seizure for violation of the law. Delaware v. Prouse, 440 U.S. 648, 6641973). New Jersey Courts have held that a police officer's observation of a motor vehicle offense is sufficient to justify a stop. State v. Murphy, 238 N.J. Super. 546, 553 (App. Div. 1990).

Next, it is important to keep in mind that any search made without a warrant is presumed to be illegal unless an exception to the warrant requirement can be shown by police. In the context of automobile searches, the most frequently found exceptions to police needing a warrant include: 1) Search of vehicle after arrest. This exception is no longer allowed by the courts in New Jersey; 2) The so-called "automobile exception. Under current law (see State v. Pena-Flores) this requires police to have both a) "probable cause" and b) exigent circumstances;" 3) abandonment; and 4) consent.

If police have searched your vehicle and found drugs, weapons, or other contraband and none of the exceptions to the warrant requirement exist (or are subject to challenge) an attorney skilled in pre-trial motions may be able to have the evidence tossed out after a suppression hearing. If you have been convicted of a crime after such a search, it may be possible to reverse your conviction and arrest on appeal.

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.

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" »

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" »

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" »

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 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" »

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" »