Atlantic City Criminal Defense Attorney Blog

Judge sets bail at $20K for Atlantic City man facing DUI charges

2012-05-18T17:32:52Z

For many people who have been arrested for suspicion of driving while under the influence of alcohol, it is the first and only time which they have been arrested. In fact it is often the only interaction that they have had with a police officer outside of a traffic ticket, or following their instructions when they are directing traffic. A drunk driving arrest can be a frightening and humiliating experience.

After being arrested for a drunk driving charge, people just want to move past the experience as quickly as possible and move on with their lives. But even a first offense can result in the revocation of your license or up to a year, up to thirty days in a county jail, fines, and the potential to be required to install an ignition interlock device. Subsequent DUI charges carry significantly more serious penalties. One Atlantic City man saw his bail raised to $20,000 due in part to prior drunk driving and other charges.

]]> The man facing the $20,000 in bail is facing charges from five alleged incidents of driving under the influence in the last few months. In the most recent incident he was also charged with being under the influence of a prescription painkiller. It was this additional charge which gave the police an opportunity to hold the man in lieu of the large sum required for bail.

It is important to consult with an experienced DWI attorney as soon as possible after you are arrested. There are any number of factors that can be used to defend against drunk driving charges. The validity of the initial stop as well as the maintenance and operation of the breath testing equipment can both serve as defenses. If the machine is miscalibrated, or if the officer has not been properly trained, or does not follow the proper procedures in administering the test, the results may not be accurate.

Source: Press of Atlantic City, "Repeat drunken-driving offender from Vineland sees his bail doubled to $20,000 cash," Tom Barlas, May 18, 2012

Broken bumper leads to drug arrest of mayor's son

2012-05-16T19:27:56Z

Being famous or being related to someone who is may make it harder rather than easier to defend against criminal accusations. An arrest on drug charges for a well-known individual can erase a long-cultivated reputation, even before any proof leads to a conviction. The good standing of family members can also be affected.

When the defendant's father is the mayor of Englewood Cliffs, the case becomes extraordinary news.

]]> The 22-year-old son of the politician was recently arrested by Palisades Interstate Parkway Police and charged with heroin possession. Drugs were not the reason the arresting officer says he stopped a 2010 Lexus SUV on the northbound roadway. Apparently, the vehicle's bumper was hanging down, as if the SUV had been in an accident.

According to police records, the officer approached the driver to question him and smelled marijuana. The broken bumper appears to be the reason that the car was initially pulled over, but the officer claimed that he also smelled marijuana after when he approached the car. The officer says this made him believe that the driver may have been under the influence.

Inside the vehicle, the officer reportedly found a pair of syringes, four bags of alleged heroin sectioned into envelopes made of wax paper and a plastic start containing a powdery, white residue.

The mayor's son was arrested and taken into custody. The young man was transported to Palisades Interstate Parkway Police headquarters and booked on separate charges of heroin, hypodermic syringe and drug paraphernalia possession. He was also formally accused of having narcotics in his SUV and driving an unsafe vehicle, the SUV with the loose bumper. The politician's son was released to await further court action.

One of the answers officials hope to get through a continued investigation is the cause of the damaged Lexus bumper. It was not reported whether the suspect provided police with any clues to that query.

Source: NorthJersey.com, "Son of Englewood Cliffs mayor charged with heroin possession," MELISSA HAYES, May 11, 2012

The criminal justice system is not immune to errors

2012-05-12T00:49:41Z

In some situations the allegation of a criminal act on its own is enough to throw someone's life into a tailspin. This is especially true in rape, referred to in New Jersey as "sexual assault." This is the type of allegation that can lead to ostracization and serious damage to one's personal relationships and standing in the community.

Under the law a suspect is innocent until proven guilty, the burden is one the state prosecutor to prove guilt beyond a reasonable. But many who have been accused are not viewed as innocent until they are proclaimed not guilty by the court. With this tremendous power placed in the hands of the criminal justice system, one would hope that we had come up with an error free system of determining the innocence or guilt a suspect, particularly one accused of a sex offense. Unfortunately, that is not the case.

]]> The criminal justice system can make errors, particularly if the constitutional rights of the suspect are not vigorously defended. Our protections from unreasonable search and seizure and self incrimination are important underpinnings of justice system. But despite these explicit protections in the Constitution, these rights are too often impinged upon.

IN recent years the availability of DNA analysis of evidence has called many prior convictions into question. Many individuals at both the state and federal level have been accused of crimes only later to be exonerated by this type of evidence. It is troubling to consider that without the technological advances that have facilitated this type of evidence many of these people would have faced countless more years behind bars.

Source: MPR News, "Is the criminal justice system as good as you think it is?" John Radsan, May 10, 2012

DWI charges increase for Parsippany woman in fatal crash

2012-05-09T19:20:03Z

The fate of a driver can turn in a moment when there is an accident. If drunk driving is suspected for causing a crash, injuries or death, legal and personal penalties can be severe.

Charges against a Parsippany woman involved in a fatal pedestrian accident were elevated from second-degree vehicular homicide to first-degree aggravated manslaughter. Prosecutors claim the 32-year-old was drunk when she struck and killed an auto repair shop owner standing next to his truck in East Hanover.

]]> In addition to the more serious charge, the driver is accused of careless, reckless and drunk driving. The woman allegedly violated several traffic laws near the first block of Ridgedale Avenue, including driving an unregistered vehicle with bad tires.

According to Morris County prosecutors and investigators, the intoxicated driver swerved a 2008 Toyota Camry into a man who was standing at the side of a pickup truck. The truck was parked on the street in a designated parking spot just around 1:50 p.m. on a Saturday afternoon.

Prosecutors say the Camry hit and killed the 49-year-old victim and continued to roll down the avenue for an additional 60 feet, smashing the Toyota into other vehicles parked in a lot.

The accused drunk driver was taken into custody and placed in the Morris County Correctional Facility on $100,000 bail. An option for the suspect to pay 10 percent of the amount for release was denied. As Morris County authorities increased the severity of the charges, bail was increased to $400,000.

The initial charge of DWI vehicular manslaughter made the day after the crash was amended on Monday by prosecutors. If convicted of the upgrade manslaughter charge, the suspected drunk driver could face a maximum prison term of 30 years.

A spokesman for the prosecutor's office stated that the upgraded charge was "appropriate" according to information provided by accident investigators and a legal review of the ongoing investigation.

Source: Chatham Patch, "Prosecutor: Drunk Driver Kills East Hanover Man," May 06, 2012

Three arrested on drug charges

2012-05-04T20:45:39Z

The Salem County Prosecutor's Office's Gangs, Guns and Narcotics Task Force, the Salem City Police Department and the New Jersey State Police Troop A's TEAMS Unit worked together on an investigation that resulted in the arrest of three people on drug charges. All three people lived in the same residence. A 19-year-old man, a 36-year-old woman and an 18-year-old man were arrested.

Authorities said that a search warrant was executed at the residence by the three teams. The teams found an unknown quantity of marijuana, which was valued between $500 and $1,000. Additionally, drug paraphernalia was also found with the alleged drugs, according to authorities. The warrant was issued after an investigation that took a month.

]]> The 19-year-old man was charged with possession with intent to distribute, possession marijuana, possession of a controlled dangerous substance with intent to distribute within 500 feet of a public housing facility. He was also charged with possession of drug paraphernalia. The 19-year-old was released pending a court date.

The 36-year-old was arrested on another warrant from a different court. It is unknown what the subject of the warrant was and the woman was released on her own recognizance. The 18-year-old was also arrested on a warrant from another court. He was being held in lieu of bail. Media sources did not state what his warrant contained and how much his bail was set for. Authorities said the three teams will continue working together to bring down drug dealers.

Source: Today's Sunbeam, "3 arrested in Salem on drug charges after raid on Keasbey Street home," Michael Williams, April 27, 2012

Review of bookkeeping discrepancy leads to criminal charges

2012-05-03T13:56:50Z

The Atlantic City Housing Authority has apparently long had history of billing discrepancies and sloppy recordkeeping. A representative for the Housing Authority explained that while there had been times where inconsistencies had been brought to light, such as two invoices for the same job, they were usually able to figure out where the paperwork had been mishandled. But in the wake of a new executive director for the agency, some of these discrepancies have now lead to allegations of theft.

Government officials claim that an employee of the agency was falsifying invoices for work that was never completed, or processing duplicate invoices for work that had already been completed by another contractor. The criminal charges are the result of an eighteen month investigation that included the Office of the Inspector General from the U.S. Department of Labor, the Federal Bureau of Investigation, the purchasing division within the Housing Authority, and the Atlantic County Prosecutor's Office.

]]> It is clear from the vast amount of resources invested into the investigation of the alleged overbilling in the purchasing department the investigators and prosecutors take these charges very seriously. In addition to the theft charges, prosecutors have tacked on a number of related charges including filing a false claim and unsworn falsification to authorities. These charges carry the potential of many years of incarceration.

While we will have to wait for the facts and circumstances in this case to come to light in a criminal trial, it is not difficult to imagine that when a new director takes over a troubled agency, there may be an inclination to demonstrate a commitment to saving costs and running a tight ship. There are few better ways to do this than by making very public accusations regarding allegedly fraudulent activities under the former management of the agency.

Source: Press of Atlantic City, "Employee turns himself in after allegedly stealing $150,000 from the Atlantic City Housing Authority," Emily Previti, May 2, 2012

Man formerly convicted of drug charges wins Truman Scholarship

2012-04-26T14:39:46Z

When a young man was stopped and arrested in New Jersey for drug charges, he was convicted and received a sentence of up to five years in jail with the possibility of parole after 26 months. At the time of his arrest, he said the police officer told him that the boy's life was over due to the poor choices he made. The young man said he took the officer's word about ruining his life. He decided he wasn't going to let his life amount to nothing, so he served his time and started school.

When he was released from jail, he was living in a halfway house waiting for parole. He started taking university classes through a program that helps those with felony convictions. The program was created by a Rutgers history professor in 2005. The program, which helps felons enroll as students, currently has 35 other students.

]]> Now, at 27 years old, the man is an honors student at Rutgers University. He just learned in mid-April that he won a $30,000 Truman Scholarship. The scholarship is only for students who are outstanding and are going to pursue a career in public affairs or with the government. The man is the only graduate from his state that has ever received the prestigious scholarship.

The man said that he knew he had to deal with the stigma of being a felon and thought that he'd never get rid of it. He said he knew he'd broken the law and had to pay for his choice, and that he would not wish prison on his worst enemy. The director of the program was impressed by the man's determination to better his life, and his brilliance. The man said he was lucky that he got a second chance and, because someone gave him a chance, he wants to help give others a second chance.

Source: Reuters News, "Former crack cocaine dealer wins Truman Scholarship," Jonathan Allen, March 30, 2012

Fugitive Safe Surrender program in Atlantic City

2012-04-23T18:58:43Z

For many people who have faced relatively minor criminal charges for non-violent offenses, the journey through the justice system is not a straight line from A to B. There may involve short periods of incarceration and probation, or a large number of scheduled court appearances while the suspect's status is not altogether clear. Some individuals find themselves in situation in which they are aware of the possibility that some criminal proceeding may still be pending but are unsure whether there is an outstanding warrant, or what the likely outcome may be if they are ever picked up for some unrelated matter.

This week in Atlantic City, the Fugitive Safe Surrender program is underway to encourage those that have outstanding warrants for non-violent offenses to turn themselves in. The idea is that the voluntary surrender will be taken into consideration when the charges are resolved. This program may be a worthwhile option to consider for some individuals, though it is important to understand the outstanding charges against you and what the potential outcomes may be.

]]> Officials said that on Saturday alone 1,500 outstanding warrants were processed, and that the average person that turned themselves in had three outstanding warrants each. While many of those people had to pay fines, albeit reduced, it is likely that many were simply happy to have been able to resolve these outstanding issues rather than always waiting around for the other shoe to drop, or that if they get pulled over for speeding they will end up being locked up.

Source: Press of Atlantic City, "Program held in Atlantic City lets people with warrants for nonviolent crimes settle them with reduced fines, no arrest" April 21, 2012

Non-violent juvenile detention rate down

2012-04-20T18:53:51Z

The Juvenile Justice Commission has been working to keep non-violent juveniles charged with juvenile charges out of detention meant for violent juveniles. It said that the number of non-violent juveniles held in detention dropped 54.8 percent in 15 county-run juvenile detention centers. The 2011 statistics were compared with 2010 statistics.

This means that on any given day, 446 less juveniles were held. Of the 54.8 percent decrease, 89.7 of the decline were minority youth. In 2011, compared to 2010, 59.8 percent fewer juveniles were admitted to juvenile detention. Further breakdown of the statistics showed that 65 percent less juveniles were admitted to juvenile detention for not complying with the rules of their probation. Juveniles who failed to appear in court dropped 53.7 percent in admittance to juvenile detention. Those who had other violations, such as non-delinquency, dropped by 33.2 percent.

]]> Further, only 2.9 percent of the detained juveniles were discharged from alternative detention programs because of new delinquency charges. Because of the decrease in juveniles held in detention centers, the cost savings has been significant, according to the report. Because the state reduced unnecessary use of juvenile detention centers, the counties involved in the Juvenile Detention Alternatives Initiative, showed a huge improvement of keeping those who did not deserve to be in juvenile detention while keeping the streets safe at the same time.

The non-violent offenders who should not have been held in juvenile detention while waiting for the outcome of their cases have been entered into other programs more suited to their alleged crimes and reduced juvenile detention center overcrowding.

Source: New Jersey Newsroom, "Detention of non-violent New Jersey juvenile delinquents saw over 50 percent decrease in 2011," Tom Hester, April 12, 2012

Many arrested for suspicion of stealing luxury cars in New Jersey

2012-04-19T15:19:52Z

Automobile theft is a serious charge that can carry substantial criminal penalties and long potential periods of incarceration. Now 11 individuals in New Jersey are facing auto theft charges in what law enforcement authorities are describing as a large scale auto theft ring. Police say that the group of conspirators targeted high end luxury cars and then sold them either resold them or chopped them down for parts.

Last August law enforcement officials noticed a spike in the number of stolen luxury vehicles in New Jersey. Police began a comprehensive investigation acting under the belief that the lefts may have been related as part of a conspiracy. Eventually the investigation included the police departments from a variety of New Jersey municipalities as well various prosecutors' offices and the New Jersey State Police.

]]> Authorities claim that the theft ring would seek out cars left unguarded in the early morning hours. They say that in many cases the owners of the stolen cars reported having had left their keys inside the cars. The cars that they believe where stolen by the theft ring included, two BMWs, a Ferrari, a Mercedes, and a Porsche. They believe that as many as ten other stolen vehicles may have been involved as well. The total value of the stolen cars amounted to hundreds of thousands of dollars.

Conspiracy charges are not uncommon in large scale criminal investigations such as this one. As the scope of the investigation widens, police seek to connect more and more people to the investigation as part of the conspiracy. This can lead to people who are only tangentially involved, if they are involved at all, coming under scrutiny.

Source: Bloomberg Business Week, "NJ police: Theft ring stole $300K in luxury cars," SAMANTHA HENRY, April 18, 2012

Five accused of string of store thefts

2012-04-13T13:58:14Z

A 49-year-old man was arrested on April 3 in Jersey City, and accused of being the ringleader of a group engaged in a series of thefts at Home Depot stores in New Jersey and nearby states. Two alleged accomplices were also charged with theft, but were already incarcerated on other charges. Police are still seeking two other individuals who they claim were part of the suspected theft ring, and have warrants for their arrests.

The group allegedly targeted 70 Home Depot stores in the region, according to police accusations. Law enforcement reports claimed that the accused carried out thefts at several stores daily, taking merchandise from self-checkout registers in the stores and stealing items worth several hundreds of dollars in many instances by simply ringing up a lower price.

]]> Losses at the store, police asserted, totaled over $100,000 from around 500 such incidents. The arrests and issuance of the arrest warrants followed an investigation by the store itself in cooperation with the U.S. Secret Service and the N. J. Division of Criminal Justice. The accused are all citizens of South or Central American countries who currently live in Hudson County.

Police asserted that members of the suspected theft ring carried out operations on over 150 days in a six month recent period, visiting multiple Home Depot stores on each day. Investigators contended that they carried off expensive items of merchandise after failing to properly scan them in the self-checkout lanes of the store. Sometimes, these actions were supposedly concealed by a second member of the accused group doing acts designed to distract a store employee's attention away from the cash registers.

Charges against the five men include shoplifting and second degree conspiracy. If convicted, they could face a sentence of between five and 10 years in prison.

Source: NJTODAY.com "Authorities Arrest Alleged Leader Of Theft Ring That Targeted Home Depot Stores," April 6, 2012

Two accused of picking up drugs shipment at warehouse

2012-04-11T21:47:21Z

Police arrested a couple recently when they allegedly attempted to pick up a shipment of marijuana which had traveled from California to a warehouse in New Jersey. The drug charges filed against the 23-year-old man and 21-year-old woman stated that the drugs seized were worth approximately $250,000.

According to law enforcement officials the seized drugs weighed over 25 pounds. The two suspects arrested were charged with possession with intent to distribute, as well as conspiracy to distribute the drugs. The arrests came after an undercover investigation was carried out by federal, state, and local law enforcement agencies, including the federal Drug Enforcement Administration (DEA), New Jersey State Police, Morris County Sheriff's Office, Montville Township Police Department, and the Intelligence Crime Task Force of the local prosecutor's office.

]]> Investigators claimed that the marijuana was shipped to the warehouse packaged in a relocation cube used for families moving to a new location. They had received information leading them to believe the marijuana had been sent from Santa Rosa, California by a business which operates across state lines.

Officers staked out the warehouse when they received information that someone would attempt to pick up the shipment. They claim to have observed the couple approach the relocation cube. An officer posing as an official of the warehouse company reportedly helped the couple unload the drugs from the container at the warehouse before the arrest was made.

The arrestees are being held in custody in the Morris County jail because of their inability to post 10 percent of the $175,000 bail set for them. Law enforcement agencies indicated that their investigation into the origin and intended destination of the drugs was ongoing.

Source: The Citizen, "Pair busted picking up $250,000 in marijuana shipped to Montville warehouse," April 9, 2012

Courts: New Jersey must pay for bogus drug charges

2012-04-06T19:33:17Z

Facing drug charges in New Jersey is no small matter. Prosecutors will vigorously pursue anyone who has been arrested on suspicion of drug crimes. Law enforcement officials are likewise aggressive in the pursuit of criminal behavior, sometimes even to the point of fabricating evidence and violating the rights of innocent New Jersey residents.

Recently, it has been uncovered that several Camden, New Jersey, police officers have engaged in such corrupt activity. In fact, the willingness of police officers to lie, steal and cheat the criminal system in New Jersey has potentially resulted in the false arrests and wrongful convictions of more than 100 innocent victims.

]]> Many of the individuals who have been victims of this corruption have filed their own civil lawsuits, claiming that this type of violation against their rights entitles them to compensation. And the courts have agreed, awarding these victims a total of $340,000 so far in damages. More than 60 such cases are currently pending in Superior Court, while a similar number are pending in federal court.

This story highlights a problem that anyone facing criminal charges in New Jersey must watch out for. Corruption is obviously rampant, and it is very difficult to obtain a fair trial on drug charges when law enforcement officials are willing to break the law in order to gain a conviction.

If you are facing drug charges, or any other criminal charges in New Jersey, you would be wise to have an experienced and knowledgeable criminal defense attorney by your side fighting to protect your rights.

Source: The Inquirer, "Camden rogue police cost New Jersey, $340,000 in damages," George Anastasia, April 2, 2012

Routine traffic stop leads to Bobby Brown's drunk driving arrest

2012-04-04T14:30:55Z

Last month, New Jersey residents probably read about Bobby Brown in various newspaper headlines when his former wife, Whitney Houston, passed away. However, this week, the R&B singer is in the news for a very different reason--drunk driving.

An article reports that Brown was originally pulled over by authorities for using his cell phone and driving at the same time. Often, simple traffic stops can transform into more serious investigations. In this particular case, the routine traffic stop evolved into criminal charges for driving while intoxicated. Authorities performed an alcohol breath test, and the singer had a blood alcohol level of 0.08. Brown was arrested, but he was subsequently released on $5,000 bail.

]]> Brown's story is a reminder that anyone can unexpectedly be arrested for drunk driving. If you are confronting charges for DWI like the singer, you should know what to expect. The criminal justice system can be very confusing.

Depending on the particular set of circumstances surrounding an arrest, charges and sentencing can vary. For example, the penalties for a first offense--fines, incarceration and license suspension--are doubled with a second conviction. In sum, punishment increases with every succeeding DWI.

If you have been accused of drunk driving, you should know that you are nonetheless entitled to specific legal rights. While the criminal justice system can be intimidating and daunting, you can still successfully challenge any allegations against you. For this reason, as you prepare to dispute any charges, it is important to take the time to explore your inherent legal protections.

Source: ContactMusic.com, "Bobby Brown released on bail after DUI arrest," March 27, 2012

Appellate Court upholds prescription DWI case

2012-03-29T16:32:55Z

According to a New Jersey appeals court, a man who was found guilty of driving while intoxicated after taking prescription drugs was appropriately convicted,. The man had received the DWI conviction in Greenwich Township, but he chose to appeal to a Superior Court and the initial ruling was affirmed there. The appellate court upheld the ruling issued in both lower courts.

The man had been arrested after a visit to the hospital emergency room in April 2008, where he received a variety of medications for his complaint of stomach pain. Those medications included prescriptions for pain relief and heartburn relief, among others. He was also given Ambien, a sleeping pill, before he left. The man had the option to remain at the hospital for observation, but he chose to leave after discharge. The Superior Court judge who heard the arguments rejected the man's assertion that it was necessary for him to drive under the influence and said the patient could have waited until he got home to take the medications. Further, the judge noted that the patient could have taken a bus or taxi.

]]> The patient was arrested after police officers noticed his erratic driving during the early morning hours of April 27, 2008. He was driving along Route 78 in Greenwich. The arresting officer observed that the man's eyes were watering, and he seemed cognitively impaired. The man was transported to a police station, where medical evaluations were conducted, including a blood alcohol test, which showed a negative result.

Urine tests, however, showed that the man was under the influence of sleeping pills, barbiturates and other mood-altering medications. Toxicology reports indicate that the substances could cause dizziness, disorientation, confusion and sleepiness.

The Appellate Court found that the prior conviction was supported by the evidence presented in both previous cases, noting that the man was unable to complete sobriety tests and posed a hazard to other drivers.

Source: Connecticut Post, "Distracted driving enforcement lags in Stamford," March 25, 2012