New Jersey Criminal Defense Attorney Blog

State in the Interest of T.S., a Minor, ? N.J. Super. 93, 2010 N.J. Super. LEXIS ? (June 2, 2010) - Adjudication of delinquency affirmed, custodial portion of disposition vacated. "The Juvenile Justice Code does not authorize the Family Part to condition a term of probation upon the completion of a period of detention....

The Juvenile Justice Code does not contain the equivalent of N.J.S.A. 2C:43-2(b)(2), permitting a criminal court to sentence a defendant to a jail term not to exceed 364 days as a condition of probation.... N.J.S.A. 2A:4A-44b(1) of the Juvenile Justice Code provides for a presumption of non-incarceration for any fourth degree offense or lower. The Juvenile Justice Code does not contain a provision equivalent to N.J.S.A. 2C:43-2(b)(2).

There is nothing in this record that supports overcoming the presumption of non-incarceration in N.J.S.A. 2A:4A-44b(1) for this adjudication of delinquency based on a disorderly persons offense."

State in the Interest of C.V., a Juvenile, ? N.J. ?, 2010 N.J. LEXIS 235 (March 22, 2010) - "The issue in this appeal is whether a juvenile is entitled to credit on her suspended sentence for the time she spent in two residential treatment programs.... As made evident by the family court judge's multiple attempts to find a suitable residential placement for C.V. and, moreover, his delay in imposing a suspended sentence, C.V.'s placements at YCS and VisionQuest were meant to facilitate her rehabilitation. Although each program placed on her restrictions similar to those that had been imposed on S.T. at Pinelands, YCS and VisionQuest imposed those rules and physical restrictions in order to create the best environment for treatment.

C.V. was never physically confined at the facilities; indeed, she succeeded in running away from both. Thus, we have no disagreement with the Appellate Division's unassailable determination that C.V.'s placements in YCS and VisionQuest do not satisfy the intended concept of detention in Rule 5:21-3(e) to qualify for mandatory day-to-day credit....

We hold that the Family Part court retains the flexibility, in appropriate cases, to grant a probationer who violated or otherwise imperfectly performed the conditions of probation a lesser custodial sentence than the previously suspended sentence. The court's authority to resentence provides the mechanism for that adjustment when the court believes it to be appropriate.

Merely because a juvenile is not entitled to mandatory credit on his or her custodial sentence does not deprive the court of its ordinary flexibility in crafting a just sentence. In sum, the Family Part court here was limited only by the maximum statutory term provided by N.J.S.A. 2A:4A-44(d) for C.V.'s offense...."

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

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 16-year old Monmouth County girl from Asbury Park was arrested in Colts Neck Township this week for DWI (DUI) and Driving without a License.

The Nissan Maxima the girl was driving contained four other teenagers, all from Asbury Park. The group was pulled over by Colts Neck Police Officer Ronald Breuer just after 1:00 a.m. on Saturday.

The traffic stop was initiated after police observed the vehicle driving recklessly on Rt. 34 in Colts Neck. The driver initially gave police a false name, but her identity was soon discovered.

Continue reading "Monmouth County Teen Arrested for DWI - DUI in Colts Neck Township" »

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" »

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" »

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" »