Police charged one man with allowing people to enter his apartment to use drugs and engage in acts of prostitution. He also got a criminal charge of possession of drug paraphernalia and maintaining a nuisance. In the same man's apartment, a woman was found with a drug pipe and arrested for possession of drug paraphernalia.
]]> The building is run by the Englewood Housing Authority. About six others were issued no-trespass orders to the building. Police say that the drug users ranged in age from early 50s to their late 70s, and consisted of residents and outsiders. The drug identified was crack cocaine. However, despite the willing description by police of supposed illegalities, there was no criminal charge related to crack cocaine or other drugs other than the paraphernalia charges.The Englewood police charged that lack of security to the building allowed everyone to come and go freely. Police had been receiving complaints and eventually sent undercover agents to investigate and identify the responsible persons. Uniformed patrol officers will now be doing their patrol time inside the building. However, the lack of details or drugs found against those charged with a crime leaves the question of whether the charges are supportable in court.
In New Jersey as elsewhere, when a person is charged with a crime, the police must go forward and present sufficient evidence to prove guilt beyond a reasonable doubt. The arrests in this case are relatively minor in comparison to the shock value of the charges. Although there are charges of paraphernalia, there are no charges of possession. Although there are references to prostitution, it's unclear if anyone was actually arrested for participating in such acts. The rest of the story will have to wait to see if the authorities have any more evidence other than the less than persuasive items reported so far.
Source: CNN Justice, "Drugs, prostitution alleged at New Jersey senior citizen building," Lorenzo Ferrigno, May 15, 2013
]]>The bash is apparently intended as a response to the decision of the University to cancel an end-of-year concert called 'Rutgersfest.' In 2011, Rutgersfest was reportedly tainted with violent disturbances that resulted in the University canceling it for the future. More than 500 were at this event, which students have dubbed Delafest. They're accused of setting mattresses and couches on fire in the street.
]]> When police arrived, they refused to disperse and instead threw bottles and objects. After three hours, the melee was brought under control by the arrest of eight students between the ages of 19 and 21. The criminal charge ranged from aggravated assault and weapons offenses through disorderly conduct. There were also charges of obstruction, riot and failure to disperse.There were no reports of injuries. It seems at least possible that police may at times bring on the escalation of unsavory behavior by their staunch demeanor and aggressive moves, which apparently the students in New Brunswick do not greatly fear. It may be that if police simply confined the activities within a discrete perimeter, the display of energy would subside soon enough.
In any event, if you're confronted by authorities at a public or private function, the best procedure is to cooperate with the police and follow their instructions. If you are arrested and charged with a crime in New Jersey, whether appropriately or by mistake, you should volunteer no statements and concentrate first on getting released. Then it is highly advisable to confer with defense counsel to determine your rights and options. In some instances, charges like this may be difficult to prove and mistaken identities can run high, making it even more important for you to make no statements until you meet with counsel.
Source: nj.com, "Total of 8 Rutgers students arrested following 'Delafest' block party last month," Sue Epstein, May 7, 2013
]]>After pulling the woman over for erratic driving in Rockaway Township, police say that two passengers got out of the car and apparently revealed a wax fold that is used to hold heroin. While questioning the driver, she admitted to storing drugs on her person. Police searched her and found the 333 packets. She had no driver's license, and the car was impounded.
]]> Police charged her with drug possession and possession with intent to distribute. The arrest came on the heels of the arrest of at least 26 people across the state who participated in a purported heroin crime ring that was peddling large amounts of the drug around the state. That arrest was directed by the New Brunswick police department and other officials. The incident brings up a few common issues that may give the accused a drug crime defense.In New Jersey, a traffic stop may not be parlayed into a search of the vehicle or the occupants without reasonable suspicion of a drug or other serious crime. A drug charge will not be justified without justification for a search and even for a formal drug interrogation. Here, the police say they observed a wax fold as two occupants got out of the car, but it's not clear how that incriminated the woman or justified the police interrogation of her. The woman did apparently confess, but the circumstances that led up to it appear suspect. The full picture will have to wait for the police report and statements by the occupants in order to determine if police procedure was proper.
Source: Epoch Times, "333 Heroin Packets in Bra: NJ Woman Arrested," Alex Johnston, April 25, 2013
]]>The 41-year-old man and the 43-year-old woman are from Marlton. The New Jersey Attorney General called them a couple of old school 'con artists.' He charges them with operating several different travel club agencies. They would close one down when they felt the heat, and then open a new one elsewhere in the state, he charged.
]]> The accused man denied wrongdoing through his lawyer. The criminal charge alleged that the accused would get an up-front charge of $249 for port charges and fees when selling a 'free' cruise. However, the customers would then be unable to book the free passage. A free flight cost an up-front fee of $50 but again the customers were unable to book any such free flights.They will have to make a criminal defense to the charges of theft by deception, money laundering and conspiracy. Authorities say that they stole over $700,000 from consumers. The Attorney General vowed that they will face enhanced prison sentences due to the large amount involved.
The man had settled his problems with the state in 2011 by agreeing to a civil settlement of $3 million in restitution and penalties. The settlement barred him from operating any vacation-club businesses in New Jersey for five years. However, it's charged that he broke the deal by operating under a business owned by the woman. This led to the arrest.
In New Jersey, when charged with a crime involving fraud-related charges, the accused will need to spend appreciable time thoroughly going over the operations of the businesses with defense counsel. Only when the facts are reviewed and understood in detail can an evaluation of a complicated scenario like this be made. If the evidence turns out to be overwhelming, counsel will negotiate an agreement with the prosecution that will attempt to get the best deal possible under the circumstances.
Source: delawareonline.com, "NJ couple charged in vacation scams," Jim Walsh, April 24, 2013
]]>The U.S. Attorney stated that from 2006 through 2013, the laboratory diagnostics company made more than $200 million and its president took $33 million in cash distributions out of the company during that time. Charges were filed against the company and three of its officials. A fourth arrest was of a 43-year-old male medical doctor of Boonton, New Jersey.
]]> The criminal charge, according to the U.S. Attorney, includes that the company's employees were engaging in an extended scheme to bribe doctors to refer patient blood samples to the lab to order unnecessary tests, resulting in millions in profit. For example, the prosecutor claims that numerous physicians were bribed with different inducements and kickbacks, including unnecessary leases of space in the doctors' medical offices, consulting agreements which paid the doctors for zero consulting and other sham inducements that paid the doctors serious money to refer the testing to the company.There were at least four individuals who cooperated in one form or another and will plead guilty, admitting to accepting or engaging bribes, the prosecutor announced. He also said that more indictments of doctors are on the way. He indicated that any doctors out there who participated should call him before he calls them. The indictment describes the scenario as a 'massive' physician bribery organization.
Under federal and New Jersey law, the criminal charge array against the accused entities and individuals calls for stiff sentences and hefty fines. When a criminal defense to serious federal and state charges is needed by a New Jersey resident, a meeting with an experienced criminal defense counsel is highly recommended as soon as possible. In this way, it can be determined early on whether a plea agreement should be negotiated or not. An early plea negotiation with the prosecutor often results in significant reductions in the punishment meted out.
Source: darkdaily.com, "Clinical Pathology Laboratory Executives Indicted and Arrested by U.S. Attorney in New Jersey for Bribery, Inducement, and Other Crimes," Robert L. Michel, April 15, 2013
]]>As is always the case in a multi-party drug charge arrest, the investigation and arrests were announced at a press conference controlled by the federal prosecutor, in which all of the agencies contributed to tout their efforts. This project focused on a specific gang that ran an open-air outdoor drug outlet where people could call ahead and then stop by on foot or car to pick up their order, according to police. Those arrested ranged in ages from 19 to 30.
]]> The organization purportedly sold heroin, crack cocaine and powder cocaine. Drugs, weapons ammunition and cash were seized. This was being handled as a federal prosecution in federal court where the arrested individuals would be called upon to present their drug crime offense.The police said that they used many techniques to put the case together, including informants, paid buys, surveillance and wiretaps. A drug charge defense in New Jersey requires knowing intimately a complicated maze of statutes and cases interpreting the criminal statutes. It is decidedly best to obtain early consultation with an experienced professional who can apprise the accused of his rights and the course of action that would be most beneficial.
Source: nj.com, "Camden drug trafficking investigation nets 7 arrests," South Jersey Times, April 9, 2013
]]>Police found a 29-year-old woman and a 31-year-old man at the address, which was described as quiet when they arrived. The two said that they subleased apartment from another woman, who was later also apprehended and arrested on a drug charge and other charges. Police found cash in a metal garbage can, and in one of the bedrooms they found crack pipes with residue and a bong with a hose.
]]> Police arrested the woman for having three open warrants. They arrested the man for criminal trespass, and then found bags of suspected methamphetamine on him, which apparently led to a drug possession charge. With the two in custody, police returned later with a warrant and indicated that they found equipment and ingredients used in cooking methamphetamine scattered throughout the apartment.They also reportedly found drug paraphernalia and items used to store and measure drugs. They found bags with white powder and papers with price lists and instructions for making methamphetamine. Police arrested the other woman at another location on a drug-related charge of operating a drug facility and the drug charge of possession with intent to distribute methamphetamine. The other two individuals were charged also with burglary and a drug charge of distribution of methamphetamine.
New Jersey law requires that a drug charge be supported by admissible evidence. There is some question whether the entrance into the apartment and the ensuing search of garbage cans and bedrooms was proper. If not, then all of the evidence would be inadmissible on a defense motion to suppress. Regarding the other woman, it's debatable whether she could be guilty of operating a drug facility when not living there. The final story will be told when a drug crime defense is initiated and the facts further developed and evaluated.
Source: nj.com, "Hoboken police charge three with operating meth lab in public housing development," Charles Hack, April 3, 2013
]]>However, it remains to be seen whether a recent raid in Atlantic City that netted 25 arrests will stem the tide of serious drug and related crimes there. It took about 300 law enforcement officers from federal, state and local agencies to arrest the accused members of a violent Atlantic City street gang called the Dirty Block Crime Fam. Each defendant, including several arrested prior to the sweep, was charged with one count of the drug charge of conspiracy to distribute more than one kilo of heroin.
]]> An Assistant U.S. Attorney staged the obligatory news conference in Camden to announce the sweep and state that the gang was a violent one. It was revealed that the jointly-conducted investigation began late in 2010 due to the gang's high-profile record of violence. The prosecutor stated that the gang had sold heroin with an estimated street value of at least $1 million.The Atlantic City Police Chief said that those in the affected neighborhoods will have an improved quality of life. The charge against each defendant carries a mandatory minimum of 10 years and a maximum of life imprisonment. However, the proposition that crime would seriously decrease in those neighborhoods is belied by prior experience and statistics.
Furthermore, there is no evidence that drug charge raids in New Jersey and elsewhere result in less drug usage, which means that drug demand remains high. Also, there is a possibility of arresting the wrong person in the confusion of dealing simultaneously with a large number of people and volumes of paperwork. Because of these inherent weaknesses, a person needing a drug crime defense in New Jersey will likely do best by having the guidance of an experienced professional to evaluate whether any significant defenses or other options exist.
Source: policeone.com, "300 feds, police arrest 25 gang members in NJ sweep," Joseph A. Gambardello, March 29, 2013
]]>The program, now limited to Camden and Atlantic counties, offers free counsel after adjudication of the case and other educational reentry services to allow juveniles to get back into school. The program also helps the minor by attempting to combat the obstacles that are put in the way of juveniles trying to return to school after coming out of the prison system. They often face exclusions, improper suspensions and difficulties acquiring the necessary paperwork to re-enroll.
]]> Studies show that more than 60 percent of jailed juveniles drop out of school after their release. The program also provides a backup network to support the individual's decision to return to school. Legal counsel assist the youth in negotiating and surviving the legal hurdles that are often put in the way of a reintegrating child. The program currently focuses on children from the inner cities and impoverished areas who committed juvenile offenses and who most often face serious obstacles to reintegration.Presumably, the program may someday be available in other counties. The impact of successful reintegration of the past juvenile offender should also have a beneficial effect on recidivism and juvenile crime rates. Whatever happens with this commendable project, however, many juveniles in New Jersey are newly arrested for juvenile violations every day. The family of a minor who is facing prosecution may find it highly beneficial to obtain experienced professional help to protect the juvenile's rights and to initially help guard against the child being incorrectly exposed to the adult criminal justice process.
Source: amsterdamnews.com, "New program helps jailed youths return to school," Craig D. Frazier, March 21, 2013
]]>The woman went to the meeting with her husband and 7-year-old daughter to dispute the doubling of her house value under a new appraisal. She said that the real estate market didn't justify the increase, and she started reading from the Constitution. According to the woman, when she started with the Constitution, a male appraiser from the county's private appraisal company got extremely upset and called on the Gloucester County tax assessor for assistance. The assessor told the woman to sit down and shut up.
]]> When she asserted her right to continue, she was again told to sit down. At the same time, the male appraiser approached her menacingly and even touched her coat. The tax assessor then ordered her out of the forum. As she left, she called the appraiser a 'pencil-pusher.' The man became more distraught and threatened to call 911, with the implication that he would have her charged with a crime.When the woman returned home, she was met by a squad of police cars and taken into custody. At the station, they handcuffed her to a chair, and she was charged with a crime. The police told her she had to hand over her guns or she would stay in custody for an indefinite time. She turned over two guns for 'safe-keeping.'
Whether in New Jersey or elsewhere, the case calls up a basic issue of whether the criminal charge imposes improperly on the sacrosanct right of free speech. Considering that the meeting was dubbed a tax protest forum, officials should possibly have attended wearing a thicker veneer than what they apparently chose. With a properly focused criminal defense, the end result may possibly be favorable to the accused.
Source: TheBlaze.com, "NJ Mother Pressured to Turn Over Her Guns, Charged With 'Terroristic Threats' After Reading the Constitution at Tax Dispute Assembly," Erica Ritz, Mar. 12, 2013
]]>That was the situation faced by the East Windsor police when they had to subdue and arrest a 14-year-old boy who was rampaging through the home of one of his family members and committing serious property damage. The boy's family called police after he had damaged three televisions, broke a cast iron bird bath and smashed the windows of two cars owned by family members. He also reportedly harassed family members and physically stopped them from calling 911.
]]> East Windsor police say that the boy added an extra element to the mix: he spat on the arresting officer and damaged the hood and windshield of their car by throwing a large piece of scrap metal on it. He also purportedly challenged police to a fight. They transported him to Capital Health Systems for a psychological evaluation. He was charged with aggravated assault, weapons offenses, throwing bodily fluids, criminal mischief, disorderly conduct, resisting arrest, obstruction of justice, and harassment.Although the control of juvenile offenses is a grave concern nationally and in New Jersey, family members will nonetheless want their child to have a chance to rehabilitate by receiving appropriate professional care and treatment. They will also likely want to ensure that the juvenile is adequately represented during legal proceedings. They'll likely be concerned that the child be prosecuted as a juvenile and not an adult. Also, in cases like the one reported above, there is a need to challenge the appropriateness and validity of some of the charges, including the piling on of similar charges that tend to duplicate each other.
Source: East Windsor, NJ Patch, "East Windsor Minor Damages Property, Spits on Arresting Officer," Katrina Rossosl, Feb. 28, 2013
]]>While reference was made to the presumption of innocence, the net impact of the statements could potentially raise a drug crime defense asserting pre-trial prejudice against the two accused men. They were arrested for allegedly engaging in a conspiracy to sell and distribute a controlled dangerous substance, i.e., the addictive painkiller oxycodone. Prosecutors charge that the doctor wrote prescriptions to individuals who were not examined or treated or - in some cases - that he never saw at all.
]]> The pharmacist is charged with dispensing oxycodone pills to persons who did not have a prescription or who he knew did not have a valid prescription. It is also charged that the doctor would at times write prescriptions to cover oxycodone that was dispensed by the pharmacist without a prescription. Authorities allege that the doctor prescribed oxycodone in his office to confidential informants on several occasions, and that he did not treat or examine them. Under New Jersey law, the second-degree crimes charged carry a sentence of 5 to 10 years in state prison if a conviction is ultimately obtained.The case has been assigned to Morris County - the accused men will appear there at a later date for arraignment. With respect to a prosecution in New Jersey or elsewhere, it's important to keep in mind that drug charge accusations are not evidence and that the prosecution must prove guilt in court beyond a reasonable doubt. It's possible that a jury may not be convinced that the prosecution's case is sufficient to establish guilt beyond a reasonable doubt. An accused may want to go to trial and present a drug crime defense, but that is something that can only be decided after a thorough investigation and an evaluation of the totality of the evidence.
Source: newjerseyhills.com, "Grand jury indicts former Madison councilman, a physician, on drug charges," Feb. 22, 2013
]]>The man is wanted in connection with sexual assault charges involving a claimed Aug. 2012 incident with a 15-year-old girl. Reports indicate that the arresting police were working in cooperation with the police in Seaside Heights, New Jersey. Police there want the man on charges of sexual assault, criminal sexual contact and endangering the welfare of a child.
]]> He is now being held in a Westchester County, New York jail awaiting extradition to New Jersey. State police from the Cortlandt, New York barracks arrested the man without incident. They also reportedly searched his home after the arrest and seized evidence that they did not describe.When someone faces a criminal charge in New Jersey but is being held in another state for extradition, he may face considerable paperwork and a relatively long wait until the extradition process is completed. That may be one reason why some individuals in that situation decide to waive extradition. However, an accused being held for extradition will likely want to become fully informed and obtain professional guidance prior to making an important decision that can potentially affect his criminal defense to the charges.
Source: lohud.com, "Crime briefs: Cortlandt man accused of N.J. sex abuse held," Terence Corcoran, Feb. 7, 2013
]]>However, on appeal the New Jersey State Superior Court, Appellate Division, reversed the lower court's decision and ordered expungement, in a holding that rules out consideration of the man's juvenile record. The appellate court disagreed with the county court's reasoning that the minor's juvenile offenses must be held against him because they would have been crimes if committed as an adult. In this case, the 41-year old man was 22 when convicted as an adult of third-degree burglary and receiving stolen property and has been clean ever since. As a minor, he had been involved in several instances of juvenile crime.
]]> New Jersey law provides that a person can petition the courts for expungement of criminal convictions where he or she has been crime-free for at least 10 years. The courts don't generally grant this remedy where the individual is a multi-offender. However, the appellate court's decision clarifies that juvenile offenses are not to be considered as additional crimes in determining whether an expungement is warranted.An order of expungement by a New Jersey court will result in no adult criminal record showing up on routine background checks that are made by prospective employers and others. It has always been the case that juvenile offenses do not show up in a general background check. With an order of expungement, a person with a long record of rehabilitation can get a deserved final closure and put the past to rest.
Source: nj.com, "Man's criminal record expunged after 18 years, despite juvenile offenses," Lillian Shupe, Feb. 1, 2013
]]>The ring is accused of making up 25,000 fake credit cards and charging them to the hilt. The scheme reportedly has international ties and went on for 10 years. The participants are charged with falsifying credit reports, creating sham companies to run fake cards through card swipe machines and buying names of customers from jewelry stores. They also created 80 sham companies that allowed them to run bogus charges through credit-card swipe machines.
]]> Several of those arrested are from foreign countries and some are United States citizens. They reside in New York, New Jersey and Pennsylvania. A criminal defense for each would not normally depend on their citizenship or residency. However, in this case some of the fraud was carried out in several other countries and there may be some aspects of the prosecution that rely on evidence from international sources.As in any criminal prosecution that involves a large, widespread conspiracy, there can be individuals who are mistakenly arrested or brought into suspicion merely because of their unwise or unwitting association with others. When authorities arrest many individuals in one sweep, there are increased chances of a criminal charge against someone who is only a bystander or has been used as an innocent pawn by others. A New Jersey resident facing this kind of a crisis will benefit from early and swift action to organize his or her resources, and to prepare a strong and effective defense.
Source: New York Post, "Credit card scammers steal more than $200M," Josh Margolin, Feb. 5, 2013
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