New Jersey Criminal Defense Blog

Juveniles Arrested in Newark for Assault after Red Hot Chili Peppers Concert

Fri, 18 May 2012 08:20:12 -0500

Two 15-year-olds and a 16-year-old were arrested in Newark after a series of violent assaults occurred at Newark’s Prudential Center. According to a news report in The Associated Press, the arrests occurred after police officers received a tip regarding a few of the teenagers involved in the incident. Officials say about 15 youths got into a fight after a Red Hot Chili Peppers concert that left one man with a fractured eye socket and another with a broken collarbone. It is unclear why the authorities arrested these three youths in particular. The three teens now face charges of rioting, aggravated assault, robbery, and conspiracy.

Under N.J.S.A. 2C:33-2, a person is guilty of rioting if he and others participate in disorderly conduct “with purpose to commit or facilitate the commission of a crime; (2) With purpose to prevent or coerce official action; or (3) When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon.” Cases involving riots are often extremely complicated because multiple people are involved and there is often a lot of confusion regarding who participated and what occurred. Usually, multiple charges are filed as a result.

When a juvenile is involved in a riot or aggravated assault, it is important that the charges are taken seriously. If severe injuries resulted from the incident, it is possible that the court will have the juvenile charged as an adult and the resulting penalties to be life changing.

Juvenile crime defense attorney Gabriel Lependorf of Lependorf & Silverstein has a successful track record of handling serious criminal cases involving juvenile defendants. We fight to keep these cases out of adult court and for the youth to receive a fair trial. If your child is facing serious penalties such as assault or rioting, please call our juvenile defense attorneys right away at (609) 240-0040 for a no-cost consultation.

Woman Arrested with $100,000 Worth of Marijuana in Newark Home

Thu, 17 May 2012 07:27:04 -0500

A New Jersey woman faces a number of drug charges after allegedly growing more than $100,000 worth of marijuana in her residence. According to a news report by USA Today, the 41-year-old woman was arrested at her Newark home. Officials say that the Division of Youth and Family Services was responding following an anonymous tip of child abuse when detectives and police found marijuana plants and drug-related materials in her home. The woman was arrested for maintaining an indoor marijuana cultivation operation and is being held on $100,000 bail.

It is a felony to cultivate as little as an ounce of marijuana. Growing between one ounce and five pounds of marijuana (less than 10 plants) is a felony punishable by three to five years of incarceration with a fine of $25,000. Individuals charged with growing between 10 and 49 plants could face between five and 10 years of incarceration and a $150,000 fine. New Jersey residents convicted of growing 50 plants or more can face a fine of $300,000 and up to 20 years of incarceration.

New Jersey may have new medical marijuana laws, but it is still illegal to possess, transport, distribute, and cultivate marijuana in New Jersey. Anyone facing marijuana-related charges in this complex environment would be well advised to immediately contact an experienced drug crime defense attorney to help them fight the charges.

The experienced marijuana cultivation defense attorneys at Lependorf & Silverstein have the knowledge, skills, and resources necessary to successfully fight marijuana charges. If you have been accused of possessing, distributing, or cultivating marijuana in New Jersey, please contact us at (609) 240-0040 for a free and comprehensive consultation and read more about our track record of success from testimonials by our past clients.

New Jersey Supreme Court Looks at Laws about When Juveniles May Be Tried as Adults

Wed, 16 May 2012 07:46:57 -0500

Last month, the New Jersey Supreme Court began looking at the merits of state laws that allow county prosecutors to determine when a child can be tried as an adult. According to a news report in The Record, the case is a power struggle between the state Superior Court judges and prosecutors. As the law stands now, judges essentially have to rubber-stamp a prosecutor’s request for charging a juvenile as an adult, which could result in far more severe penalties for the young defendant.

The American Civil Liberties Union and the state Public Defender’s Officer have teamed up with dozens of other groups to challenge the current juvenile waiver laws. They believe that the decision to move a case to an adult court is a constitutional decision and that the judicial branch should be more involved. Prosecutors in New Jersey have the right to request a transfer of a juvenile case and as the law is currently written, judges can only override that request if it represents a “patent abuse of discretion.”

Under New Jersey law, a juvenile is defined as someone 17 years of age or younger. Juveniles who are under 17 may face adult charges if they are charged with a serious offense such as kidnapping, aggravated assault, homicide, and other violent crimes. It is in the best interest of a young defendant to face charges in juvenile court for several reasons, the most important being protection of privacy and more alternative sentencing options. The goal of adult court is punishment, while juvenile courts aim to rehabilitate young people and prevent them from choosing a path of crime.

The juvenile criminal defense attorney Gabriel R. Lependorf of Lependorf & Silverstein has years of experience negotiating with prosecutors on behalf of clients. Mr. Lependorf know how to keep a case in juvenile court and how to fight wrongful charges. To discuss how to protect your best interests, please call us today at (609) 240-0040 for a no-cost consultation.

Hamilton Township Teen Charged with Assaulting Officer

Tue, 15 May 2012 07:43:30 -0500

A New Jersey juvenile has been placed in custody after allegedly resisting arrest resulting in injuries to an officer. According to a NBC 40 news report, the assault incident occurred in the Mizpah section of Hamilton Township. Officials responded to calls of a car being taken without the owner’s consent. According to the report, the juvenile refused to exit the car and he shut the window on an officer’s arm. After a brief struggle, the juvenile was charged with aggravated assault on a police officer and resisting arrest. The officer involved was released from the hospital with a minor injury.

Under N.J.S.A. 2C:29-2: “A person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.” The law also states, “A person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.”

Resisting arrest and assault on a police officer are serious charges that commonly involve juveniles who are afraid of being arrested and simply do not know that it is in their best interest to go with the officer peacefully. Young individuals who may have made a poor choice can make their situations much worse if they attempt to evade the authorities or if they attempt to fight back during the arrest. It is crucial that juveniles in these types of cases have a skilled juvenile crime defense lawyer on their side who will fight for the case to remain in juvenile court and out of the adult criminal system.

The knowledgeable Hamilton Township criminal defense attorneys at Lependorf & Silverstein have a long history representing juveniles and experience handling assault and resisting arrest charges. If your child is facing charges in New Jersey, please call our offices right away at (609) 240-0040.

Man Faces Charges in Connection with Lawrence Township Robbery

Mon, 14 May 2012 07:39:36 -0500

A 24-year-old Hamilton Township man has been arrested on suspicion of robbing a CVS Pharmacy. According to The Lawrenceville Patch, the man was arrested for a robbery that took place at the CVS on Brunswick Pike at Cherry Tree Lane in Lawrence Township. Officials say the man stole a bottle of Oxycodone painkillers after showing a note that claimed he had a gun. He then eluded authorities by fleeing the state. He now faces a $150,000 bail for taking the $500 bottle of painkillers and faces charges of robbery and theft. It is unclear if he actually had a gun.

Theft charges increase to robbery under N.J.S.A. 2C:15-1, “if, in the course of committing a theft, he: (1) Inflicts bodily injury or uses force upon another; or (2) Threatens another with or purposely puts him in fear of immediate bodily injury; or (3) Commits or threatens immediately to commit any crime of the first or second degree.” Robbery is typically a second-degree offense unless during the theft the person attempts to cause serious bodily injury or uses a deadly weapon.

When robbery charges cannot be dismissed, a skilled criminal defense attorney will vigorously fight to have the charges reduced to theft. There are several questions that must be asked. Was a dangerous weapon really used? Did the alleged victim have reason to believe that his or her life was in danger? Does the defendant have a record of violence or are the robbery charges too severe for the circumstances of the incident?

The Lawrence Township criminal defense attorneys at Lependorf & Silverstein have successfully handled theft and robbery cases in New Jersey.

If you or a loved one is facing these serious, life-changing accusations, please contact us at (609) 240-0040 for a free and comprehensive consultation.

Couple Charged with Selling Counterfeit Merchandise at Lawrenceville Main Street Jubilee

Fri, 11 May 2012 07:36:06 -0500

Two vendors at a New Jersey street fair were recently arrested for allegedly selling counterfeit handbags. According to a report in The Lawrenceville Patch, the incident occurred at the Annual Lawrenceville Main Street Jubilee in Lawrenceville. Officials arrested a 44-year-old woman and a 43-year-old man for the possession and sale of over 200 bags and other items that had fake designer marks. The brands involved included Louis Vuitton, Gucci, Coach, and Burberry.

It is a serious crime to sell counterfeit merchandise. Under N.J.S.A. 2C:21-32: “A person commits the offense of counterfeiting who, with the intent to deceive or defraud some other person, knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute within, or in conjunction with commercial activities within New Jersey, any item, or services, bearing, or identified by, a counterfeit mark.”

This serious offense is a third-degree crime if it involves between 100 and 1,000 items bearing a counterfeit mark and a fourth-degree crime if the offense involves fewer than 100 counterfeit items. These types of crimes can result in lengthy jail time and thousands of dollars worth of fines. Anyone facing these types of life-changing penalties would be well advised to discuss their case with an experienced criminal defense attorney.

The criminal defense lawyers at Lependorf & Silverstein have successfully handled fraud and counterfeit merchandise charges in New Jersey. We know when to fight the charges and how to negotiate for lesser penalties. If you or a loved one has been charged with a crime, please call our offices right away at (609) 240-0040.

Tough Economic Times Linked to Rise in Domestic Violence Incidents

Thu, 10 May 2012 08:19:10 -0500

The Police Executive Research Forum has released the results of a national survey regarding the link between domestic violence and tough economic times. According to a news report in The Courier Post Online, 56 percent of the 410 responding agencies reported that the increase in domestic conflict from the year 2010 to the year 2011 might be linked to tough economic times. While there has been an annual decline in overall violence since the year 2008, there was a 40 percent increase in domestic conflict last year.

The Courier Post Online article specifically references the increase in domestic violence cases in New Jersey. Police in Camden, for example, responded to 9,100 domestic disturbance incidents in 2011, up from 7,500 calls in 2010. Other New Jersey cities that have experienced economic hardships are reporting similar increases in domestic violence cases.

Many domestic disputes result from stress, frustration, anger, alcohol consumption, and misunderstanding. It is important that each case is handled separately and that individuals who may have had a lapse in judgment or may have made one poor choice in the heat of the moment are not treated as dangerous criminals.

The domestic violence defense lawyers in New Jersey at Lependorf & Silverstein have a long history of handling domestic abuse and domestic violence cases in New Jersey. We know how to fight wrongful charges and how to work towards a fair agreement that works in the best interests of everyone involved. To discuss your case at absolutely no cost, please call our offices today at (609) 240-0040.

River Vale Teenager Charged with Intent to Distribute Drugs

Wed, 09 May 2012 08:17:37 -0500

A 19-year-old River Vale man faces multiple drug charges after authorities conducted a month-long investigation in Bergen County. According to a news report in NorthJersey.com, the arrest occurred following a search warrant in River Vale. Officials say they found Xanax, Suboxone, Oxycodone, and marijuana. The teenager was arrested and charged with possession of a controlled dangerous substance and possession with intent to distribute Oxycodone.

Under N.J.S.A. 2C:35-5: “It shall be unlawful for any person knowingly or purposely: (1) To manufacture, distribute, or dispense, or to possess or have under his control with intent to manufacture, distribute, or dispense, a controlled dangerous substance or controlled substance analog; or (2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.”

Being convicted of possession of controlled substances with intent to distribute in New Jersey will likely result in serious consequences including prison time, hefty fines, and a criminal record. It is critical that these charges be taken extremely seriously. The seriousness of the drug charges and the penalties usually depend on the circumstances of the case, the quantity of drugs confiscated, and the defendant's prior criminal record.

An experienced NJ drug distribution defense attorney at Lependorf & Silverstein has the years of experience to successfully defend clients from such charges. We have a successful track record of obtaining acquittals and getting charges reduced for our clients. If you or a loved one is facing similar drug charges, please contact us at (609) 240-0040 for a free, confidential, and comprehensive consultation.

Man Sentenced for Brokering Scheme to Sell New Jersey Driver’s Licenses

Tue, 08 May 2012 08:15:06 -0500

A 44-year-old Carlstadt man has been sentenced to four years in prison for being involved in the sale of New Jersey driver’s licenses. According to The Record, the man admitted in a state Superior Court in Hackensack to participating in a ring to sell digital licenses to individuals who did not have “six-point verification.”

Officials say the man worked with several Department of Motor Vehicles clerks and others to provide driver’s licenses to individuals who did not have the required documentation to obtain them. Despite having a clean criminal record and being considered only a marginal player in this New Jersey fraud crime, he was sentenced to four years in prison and given a $20,000 fine. He was only one of 40 people named in the December 2011 indictment.

Many of the individuals involved in this scheme will likely face conspiracy charges. Under N.J.S.A. 2C:5-2, a person is guilty of conspiracy with another person or persons to commit a crime if he or she “(1) Agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime: or (2) Agrees to aid such other person or persons in the planning or commission of such crime.”

These types of crimes result in severe and potentially life changing penalties. Individuals convicted of conspiracy charges, for example, may not only face jail time and fines but also a criminal record that could adversely affect their professional and financial well being.

The New Jersey white collar crime attorneys at Lependorf & Silverstein have a long history of handling white-collar crimes such as conspiracy, money laundering, and embezzlement. If you or a loved one faces these types of serious charges in New Jersey, call a member of our skilled legal team today at (609) 240-0040 for a free consultation.

Teenager Charged with Assaulting Easton Police

Mon, 07 May 2012 08:13:27 -0500

A 19-year-old Easton man faces assault charges after allegedly struggling with a police officer. According to a news report in The Easton Patch, the incident occurred in the town of Belvidere. Officials say the teenager pushed a police chief who then fell and injured his hand and wrist. The man was arrested on suspicion of aggravated assault, resisting arrest, and simple assault. It is not clear from the report as to what led to the incident or if the man even intentionally pushed the officer.

Simple assault charges can increase to aggravated assault when an officer or a weapon is involved. According to N.J.S.A. 2C:12-1(b), “A person is guilty of aggravated assault if he: (1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or (2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or (3) Recklessly causes bodily injury to another with a deadly weapon.”

Many assault cases arise from a misunderstanding, intoxication, or self-defense. It is important to remember, however, that fighting against an unlawful arrest is not a valid defense. There is no legal basis to resist or fight off an illegal or unlawful arrest. Individuals who have been confronted by a police officer would be well advised to cooperate with the arresting officer while exercising their right to remain silent until they retain an attorney.

The experienced assault defense lawyers in NJ at Lependorf & Silverstein have a long history of handling simple and aggravated assault cases in New Jersey. If you or a loved one has been charged with assault in New Jersey, please call our offices at (609) 240-0040 before discussing the case with the authorities.

Willingboro Man Arrested on Suspicion of Selling Synthetic Marijuana to Undercover Cops

Fri, 04 May 2012 08:11:40 -0500

A 24-year-old Willingboro man faces multiple drug charges after allegedly selling synthetic marijuana to an undercover officer. According to a report by The Burlington County Times, the incident occurred at a Willingboro gas station. Officials say the man attempted to sell the newly outlawed synthetic marijuana to an undercover officer at a gas station that was within 1,000 feet of a high school. He faces charges for possession of a controlled dangerous substance, distribution of narcotics within 1,000 feet of a school, and related narcotics offenses. It is not clear how much of the drugs were seized or if anyone at the gas station will also face charges.

There are likely going to be a number of arrests involving this drug now that the law has changed regarding synthetic marijuana. In March of 2012, New Jersey announced a ban on all variants of synthetic marijuana. The ban began after users of artificial cannaboids were experiencing acute heart and lung problems. Because of the new ban, possession of substances commonly referred to as K2 or Spice can have serious criminal consequences.

Since March 10, anyone who failed to turn in their supply of synthetic marijuana could face up to five years of imprisonment and a fine of $25,000. Many individuals who had legal possession of the drug a couple of months ago may not even realize that they are now violating the law and subject to these severe penalties.

The knowledgeable Princeton marijuana defense attorneys at Lependorf & Silverstein have helped many individuals fight drug charges in New Jersey. If you or a loved one is facing drug charges relating to marijuana or synthetic marijuana in New Jersey, please call our offices at (609) 240-0040 for a no-cost consultation.

NJ Teenager Charged with Assault and Alcohol Consumption

Thu, 03 May 2012 07:56:21 -0500

A 19-year-old woman faces assault charges after allegedly fighting a detective who was questioning her about being an underage bar patron. According to report in The New Jersey Newsroom, the incident occurred at The Mason Jar in Ramapo. Officials with the Division of Alcohol Beverage Control were conducting an enforcement sweep throughout Bergen County when they allegedly witnessed the woman and a 19-year-old man of Mahwah being served alcohol without being asked for identification.

The woman faces New Jersey assault charges for allegedly kicking and punching a detective after attempting to flee the bar. She and the 19-year-old man face underage drinking charges and a 50-year-old man and a 20-year-old woman were issued summonses for selling alcohol to them.

According to N.J.S.A. 2C:33-15: “Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.”

There are additional penalties for underage drinkers if they operate a motor vehicle, if they cause a disturbance, or if they resist arrest or assault an officer. It is possible in these types of instances for the underage drinker to face adult charges that will remain on their criminal record.

A NJ underage DUI defense attorney at Lependorf & Silverstein knows how to fight alcohol-related charges and how to keep underage drinkers out of jail. If you or a loved one has been arrested in New Jersey on underage DUI charges, please contact us at (609) 240-0040 for a free and comprehensive consultation.

Newark Drug Raid Results in Heroin Arrest

Wed, 02 May 2012 07:50:42 -0500

A 36-year-old Newark man faces a multitude of drug charges after officials allegedly found $20,000 worth of heroin and cocaine in his home. According to a news report in The Star Ledger, the drug raid occurred on Unity Avenue in Newark and narcotics detectives used a metal battering ram to bust down the man’s door. They detained the Newark man without incident and seized 152 decks of heroin, 175 grams of cocaine, plastic bags, a digital scale, and other drug paraphernalia. He is currently being held in an Essex County Correctional Facility.

Drugs such as cocaine, heroin, and ecstasy are classified as “controlled dangerous substances.” Possession of these drugs for personal use or for sale can result in serious and potentially life-changing penalties. For example, possession of five or more ounces of heroin with intent to distribute can result in 10 to 20 years of imprisonment and a fine of $500,000. Having less than five ounces but more half an ounce of heroin is a second-degree offense that can result in five to 10 years of imprisonment. It is a third-degree crime to have less than an ounce of heroin, which is punishable by $75,000 and 18 months to five years of incarceration.

It is crucial for individuals facing heroin or cocaine charges to seek representation from a knowledgeable criminal defense attorney who can advise the defendant on how to fight the charges. The drug possession defense lawyers in Princeton at Lependorf & Silverstein have a proven track record of fighting heroin-related charges. Please contact us at (609) 240-0040 for a free case assessment.

Middlesex Police Offers Gun Surrender Program

Tue, 01 May 2012 07:43:48 -0500

Police officers in Middlesex County recently offered a gun surrender program in New Brunswick. According to a news report in New Jersey Today, the program took place over the weekend at Sacred Heart Parish Hall at 115 Commercial Avenue in New Brunswick. Officials paid $80 for each operable handgun and $150 for each operable assault weapon that was surrendered during the two-day event. Under such programs, all participants are paid, no questions are asked, and no arrests are made.

The goal of such programs is to reduce the number of guns in the community. Officials hope that fewer guns in the neighborhood will hopefully result in fewer incidents involving gun violence. Officials also provided free trigger locks to individuals who have guns at home that they were not surrendering. Anyone interested in turning in a gun should make sure it is not loaded before wrapping it up and placing it in a box, bag, or case.

Many of the individuals who participate in such programs do so because the weapon they have may be illegal. N.J.S.A. 2C:39-5(d) states that "any person who knowingly has in his possession any weapon [other than a handgun, rifle, shotgun or machine gun] under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree."

Gun charges in New Jersey should not be taken lightly. The New Jersey weapon violation attorneys at Lependorf & Silverstein have a long history of handling gun- and weapon-related charges in New Jersey. If you or a loved one has been charged with possession of illegal firearms, please call our offices at (609) 240-0040 for a free and comprehensive consultation.

Paterson Man Arrested after Trying to Mail Marijuana

Mon, 30 Apr 2012 07:33:38 -0500

A 29-year-old man from Paterson faces drug charges after allegedly trying to mail marijuana along with macaroni and cheese. According to The Passaic Valley Today, the incident occurred at a UPS store in Little Falls. A UPS clerk said the box smelled funny and gave it to his supervisor who then called the police. Officials seized 12.5 grams of marijuana in a laminated package. The man who attempted to ship the package faces possession of marijuana charges along with possession of marijuana with intent to distribute and possession of marijuana with intent to distribute in a school zone.

Possessing any amount of marijuana for sale is a serious offense in New Jersey. In fact, selling as little as one ounce of marijuana can result in a fine of $25,000 and up to 18 months of incarceration. Someone who has possession of up to five pounds of marijuana for sale can face between three and five years of incarceration. Additionally, there are penalties for public park, public housing area, and school zone marijuana offenses in New Jersey. There are even serious penalties for possessing drug paraphernalia such as baggies, scales, and piles of cash.

There is a lot of confusion regarding what is and isn’t legal in New Jersey since it is legal in the Garden State to use marijuana for medical purposes. It is important that New Jersey residents remember that it is still illegal to possess marijuana without a license. Understanding marijuana laws can be challenging because although medical marijuana is legal at the state level, it is still against federal law.

The NJ marijuana distribution defense lawyers at Lependorf & Silverstein know how to fight marijuana-related drug charges in New Jersey. Please contact our experienced criminal defense attorneys at (609) 240-0040 for a no-cost consultation.