New Jersey law enforcement officials are known for being aggressive in their pursuit of drug offenses. However, in at least one city it appears that several police officers have been willing to even use illegal tactics to make an arrest and gain a conviction.
More than 100 people who have been accused and convicted of dealing drugs in Camden, New Jersey, have complained that those convictions were based on fabricated and tainted evidence gathered by corrupt police.
A 46 year old Morris County woman was arrested for allegedly driving while intoxicated ("DWI") to a police station last week. The woman, a resident of Pomptom Plains, drove to the Kinnelon police station to pick up a police report. While at the station, an officer noticed that she was dazed and had difficulty maintaining her balance. The officer proceeded to question the woman and determined that she had driven to the police station after taking several prescription medications. The woman was unable to recall the dosages that she took and the police officials did not disclose the exact type of medication she had taken. The alleged offender was issued a summons for driving while intoxicated and was released to a third party pending a court appearance.
Drivers in New Jersey can be arrested and charged for DWI if suspected of driving under the influence of narcotics including marijuana, cocaine, prescription drugs and other hallucinogens. Recently, the New Jersey Court of Appeals upheld a DWI conviction of a Hunterdon county man who was arrested while driving home from a local hospital after being given a cocktail of prescription drugs, even though there was no alcohol in his system.
New Jersey's penalties for DWI are very severe. A first DWI conviction could result in a loss of license for a period of time ranging from three months to a year. Those found guilty of DWI also face a fine of up to $500 as well as possible imprisonment. Furthermore, New Jersey assesses a surcharge of $1,000 per year for three years.
The consequences of a DWI are serious and can affect every aspect of your life. For this reason, anyone charged with the offense of DWI should choose an attorney who is well qualified and experienced in handling DWI cases in Morris County and throughout the State of New Jersey. It takes the expertise of an experienced criminal defense attorney to protect your rights, analyze your case and obtain the best possible outcome on your behalf.
Source: nj.com, "Woman charged with driving intoxicated to Kinnelon police station," Dan Goldberg, The Star-Ledger. April 3, 2012.
Source: nj.com, "DWI conviction of driver impaired by prescription drugs upheld by New Jersey appellate court," Lillian Shupe, Hunterton County Democrat. March 21, 2012.
N.J.S.A. 39:4-50 Driving while intoxicated (2012).
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In the early days of police surveillance, so-called gangsters were known to be on the lookout for electronic bugs and potential informers wearing a wire. Today, New Jersey law enforcement undoubtedly still uses electronic surveillance, but increasingly local law enforcement is making use of cell phone text messages and Facebook.
A recent news article listed several examples of individuals who are facing criminal charges, including felonies, due in part to the damaging evidence found in text messages and Facebook postings. It is wise for everyone to keep in mind that once you hit the "send" button, your electronic message is out of your control.
Authorities have arrested seven people who were allegedly involved in a jewelry theft ring. The group is accused of absconding with more than $4.6 million in goods from traveling salesmen in New Jersey and throughout the eastern seaboard. The individuals who were apprehended were federally charged during their first official court appearance earlier this month.
Government officials said the group is associated with an international crime syndicate that is accused of committing 17 other robberies. The suspects are accused of attacking jewelry sales representatives while they were traveling between their homes, hotels and business locations.
Although questions often arise in criminal cases about the propriety of specific law enforcement and prosecutorial conduct, most people recognize that there is a public safety necessity for the police and criminal justice systems. In fact, during instances where police and prosecutors improperly cut corners, we often hear the excuse that there are limited resources to ensure public safety.
In this context, it boggles the minds as to why a college student was charged with several charges including theft, fraud, and possession of stolen goods after filling an empty cup with ice after he had purchased some french fries from the school cafeteria.
Continue reading Student facing criminal charges for 'stealing' a cup of ice
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Picture an accused drug dealer. Perhaps you think of a user on the streets, a kingpin in a posh mansion, or maybe even a teenager. The truth is, though, that anyone could be accused of being involved in drug distribution, even those who are supposed to watch over the safety of others. That's exactly what happened to a New Jersey prison guard who is now facing drug charges.
The senior corrections officer, who was arrested earlier this month on drug charges, has received a bail reduction from a Superior Court judge. The guard, 36, was taken into custody on March 9. He had been under investigation for more than six months, according to the county prosecutor and the state Department of Corrections. He has been charged with possession of a controlled dangerous substance, distribution of that substance, conspiracy to distribute the substance and official misconduct, according to jail officials.
On the afternoon of Wednesday, March 14, an ongoing police surveillance investigation into "the delivery of large amounts of drugs" resulted in the seizure of more than $15,000 in heroin and a semi-automatic weapon from an alleged East Orange drug dealer.
Essex County Sheriff's detectives observed the man pull his car into a Dunkin Donuts parking lot near Park Avenue and North 6th street. When officers approached the vehicle, the suspect attempted to drive away but was apprehended before he was able. According to officers on scene, upon being removed from the car, the man dropped approximately 400 bags on the ground.
The man's car was impounded and a search revealed a trap compartment where officers discovered 991 bags of heroin and a fully loaded TEC-9 semi-automatic handgun. Officers also found digital scales and other drug paraphernalia in the trunk of the car.
The suspect was arraigned the following day and held at the Essex County Correctional Facility. He faces multiple drugs and weapons offenses.
Source: nj.com, "East Orange man caught with nearly 1,400 bags of heroin, handgun," James Queally, The Star-Ledger. March 15, 2012.
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There is an inclination to empathize with those who claim to have been the victims of a criminal act. This is particularly true when the purported event put the alleged victim in serious danger. This can be seen anytime the news reports on criminal allegations, they are often reported as if the suspect has already confessed and been convicted. But of course, accusations of criminal activity are not always what they seem.
A recent incident in New Jersey is a good example. Two men described a harrowing event to police. They explained how a man had approached them and carjacked them. They told the police that he had a gun and made the men drive off in their car. A short time later the car crashed injuring one of the apparent victims. There was in fact a car crash, but there was no carjacker and no carjacking.
A Belleville woman was recently charged with one count of identity theft after she allegedly created a fake Facebook page in order to humiliate her ex-boyfriend. However, the lone charge may be dismissed if she successfully completes the New Jersey Pretrial Intervention (PTI) program.
According to the state judiciary, the program "provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services, when such services can reasonably be expected to deter future criminal behavior. The PTI program is based on a rehabilitative model that recognizes that there may be an apparent causal connection between the offense charged and the rehabilitative needs of a defendant."
In this case, the Morristown Superior Court admitted the accused into the PTI program for one year. The woman will be required to regularly see a probation officer, complete 50 hours of community service and undergo a psychological evaluation.
The judge explicitly informed the defendant "PTI is not a right. It is an opportunity to get the charges dismissed." If the program is not satisfactorily completed, the charges will be reinstated.
Source: nj.com, "Belleville woman accused of creating fake Facebook page to mock ex-boyfriend gets probation," Ben Horowitz, The Star-Ledger. March 19, 2012.
Source: Pre Trial Intervention Program (PTI), New Jersey Courts.
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Saint Patrick's Day is quickly approaching, and New Jersey police officers are targeting drivers this weekend in search of drunk driving arrests. It is likely true that some holiday weekends such as St. Patrick's Day may result in an increased risk in people getting behind the wheel after having been out with friends. But when police use DUI checkpoints it seems like they cast their net so widely that they are more likely to arrest a driver who is not exhibiting any signs of impairment than if they instead looked for those drivers who are obviously impaired.
As you may know, the law in New Jersey provides for harsh penalties for drunk driving convictions. Even a first offense can result in a license revocation. A second offence can result in jail time. Fortunately a DUI arrest does not mean that a conviction is inevitable. You can fight a drunk driving charge.
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