New Jersey Criminal Lawyers Blog

Laws On Marijuana In NJ May Have Huge Impact On "Bamboozle" in Asbury

Thu, 17 May 2012 15:54:05 -0500

"Bamboozle" Will Significantly Increase Population In Asbury Park

According to CBS New York, "Tens of thousands of music fans will descend on Asbury Park this weekend for the Bamboozle Festival, a three-day event described by promoters as the largest beach concert in the United States this year." Due to the large number of fans heading to Asbury Park to see their favorite bands, there will most likely be crowd control issues and the laws on marijuana in NJ may come into effect.

What Are the Laws on Marijuana In NJ?

Quite simply, if you are caught with less than 50 grams of marijuana you will face penalties as a disorderly person, which may include jail time, fines, and possible community service. The laws on marijuana in NJ do NOT treat the offender as a criminal if caught with less than 50 grams. However, if you are caught with over 50 grams of marijuana, you can be charged with an indictable criminal offense and face much more severe penalties. 50 grams of marijuana is a large amount and you will most likely not be carrying that much at Bamboozle, but it is important to remember that any amount of marijuana found will result in detention, fines, and other penalties.

Point Pleasant Beach Bars to Close at Midnight; Disorderly Conduct Will Still Be a Problem

Thu, 17 May 2012 12:02:52 -0500

In a recent vote by the borough's council, Point Pleasant Beach Bars will have to close their doors at midnight instead of 2:00 am. The Associated Press reports, "... as it stands now, the bars have to shut down at midnight effective July 1, yet they have no mechanism to buy themselves more time to stay open." Homeowners cited excessive noise, intoxication, and overall rowdy behavior of bar patrons as their primary reason for wanting the bars to shut down early. The problem, however, is that the closing time of Martells, and Jenks will not stop the behavior associated with leaving the bar after a night of drinking. Point Pleasant Beach police officers have a tough job of controlling the mass exodus of intoxicated young adults and often write charges for disorderly conduct, resisting arrest, and simple assault (all of the above are classified as disorderly persons offenses) to control and deter destructive behavior.

Disorderly Conduct, Simple Assault, and Resisting Arrest Often Go Together

You could in fact be charged with disorderly conduct, resisting arrest, and simple assault simultaneously as you are leaving a popular bar. For example, you may have been involved in an altercation with someone who knocked over your drink. As you confront the person and begin shouting or yelling curse words, the police may already have enough to charge you with disorderly conduct. If the confrontation escalates and you place your hands on another, the Point Pleasant Beach police officer may have seen enough to charge you with simple assault as well. If the officer attempts to break up the altercation, and you resist him from restraining you, you can also be charged with resisting arrest.

What is the Purpose of Pretrial Intervention Program and

Sat, 12 May 2012 15:41:21 -0500

What is the Purpose of Pretrial Intervention Program and

Pretrial Intervention (PTI) has a purpose of providing defendants with opportunities to avoid ordinary prosecution by receiving early rehabilitative services when they can be expected to deter future criminal behavior by the defendant and when there is a causal connection between the offense charged and the rehabilitative need. Furthermore, to provide an alternative to prosecution for defendants who might be harmed by the imposition of criminal sanctions to deter criminal conduct. Therefore, the method is to provide a mechanism for permitting the least burdensome form of prosecution possible for defendant charged with "victimless" offenses. Lastly, it is to assist in the relief of presently overburdened criminal calendars to focus expenditure of criminal justice resources on matters involving severe correctional problems and to deter future criminal or disorderly behavior by a defendant/participant in pretrial intervention.

The greatest benefit of acceptance to PTI, if eligible, is that there is no conviction on the defendant's crimina record for the alleged crime since technically you are no

15 Year Old Arrested For Dealing Marijuana in Dover Township

Thu, 10 May 2012 11:58:35 -0500

On Saturday, May 5th a 15 year old male was charged with posession and distribution of marijuana after he was arrested at a house party in Dover Township. The arresting office Michael Pier, was responding to a report of a loud party at a Prospect Street residence. The 15 year old was found to have 11 bags of Marijuana and three Marijuana cigarettes. He was released to the custody of his mother and charged with distribution of drugs, possession with the intent to distribute and possession with intent to distribute within a school zone.

Marijuana is defined under the New Jersey Code of Criminal Justice 2C: 35-2 to mean all parts of the plant Genus Cannabis L., whether growing or not; the seeds thereof, and every compound, manufacture salt, derivative, mixutre, or preparation of such plant or its seeds.

Distribution of drugs is a crime under New Jersey Code of Criminal Justice 2C: 35-5. The law states that it is unlawful for any person to "create, distribute, or possess or have under his control with intent to distribute , a counterfeit controlled dangerous substance.

New Jersey's Highest Court to Hear Constitutional Claims Against Young Driver's Decal Requirement

Wed, 09 May 2012 16:37:14 -0500

New Jersey's Highest Court to Hear Constitutional Claims Against Young Driver's Decal Requirement

Currently, NJ law requires young drivers to display red decals on their license plates to signify that they are subject to restricted privileges such as occupancy rate of the vehicle and the times they are allowed to drive. This law is known as Kyleigh's law and was enacted in New Jersey in 2010 in recognition of a teenager who was killed in a 2006 car crash.

Today, a lawyer representing his own son is arguing before the New Jersey Supreme Court that Kyleigh's law violates the federal Driver's Privacy Protection Act, 18 U.S.C. 2721-2725. This act prohibits states from releasing a driver's "highly restricted personal information". The case is Trautmann v. Christie and in it Trautmann will argue in addition to the law's violation of the federal Driver's Privacy Protection Act that it is in opposition to the U.S. and New Jersey's constitutions' equal protection and search-and-seizure clauses.

Do Police Officers Need a Warrant to Search My Car?

Wed, 09 May 2012 10:41:07 -0500

Do Police Officers Need a Warrant to Search My Car?

Unless a police officer has probable cause to believe that your car contains contraband or evidence of criminality, he cannot search your car without a warrant. This is due to the 4th Amendment to the U.S. Constitution, which protects citizens against unreasonable government searches and seizures. While 4th Amendment protections are relaxed whenever one drives on a public road or highway, law enforcement officers are still required to obtain a warrant from a judge before lawfully searching a car. A warrant will only be issued if the arresting officer is able to swear to the existence of specific facts or information that the judge finds gives rise to probable cause. While difficult to define, probable cause generally means a "well grounded suspicion that a crime has been or is being committed." It is more than "mere naked suspicion but less than legal evidence necessary to convict."

Thus, if you are pulled over and a police officer asks to search your car, you are well within your rights to say "no." If the officer proceeds to conduct a search in the absence of your consent and without a warrant, then this search is presumed to be illegal unless the officer is able to prove that a specific exception applies. The law provides for many exceptions (such as "plain view", "border search", and "incident to a lawful arrest") but the most commonly invoked exception when it comes to searching a car on a public highway is the "motor vehicle exception." Under Federal law, this exception allows a motor vehicle to be searched without a warrant so long as there is probable cause to believe the vehicle contains either contraband or evidence of criminality. On the other hand, New Jersey's version of the exception offers more protection to individuals by requiring an officer to demonstrate more than just probable before conducting a lawful search of your vehicle.

In New Jersey, a warrantless search of your car is lawful if and only if three specific conditions have been met:
1)The stop of the vehicle must be unexpected.
2)There must be probable cause to believe that the vehicle has contraband or some other evidence of criminality.
3)There must be exigent circumstances that would make it impractical to obtain a warrant.

The unexpected stop requirement means that the police cannot conduct a search of your car without a warrant unless the stop was made because of some unforeseen and spontaneous reason (such as for a traffic violation). In other words, the police cannot search your car without a warrant if they had been planning to do so ahead of time. This prevents the police from simply using the motor vehicle exception as a shortcut around obtaining a warrant by waiting for you to enter your car. As discussed above, the probable cause requirement means that the police must have more than just a hunch before searching your car--they must be able to reference specific facts or evidence that gives them a well grounded reason for believing that some sort of criminality has taken place. Finally, the exigent circumstances requirement means that the officer must be able to prove that the circumstances surrounding the search made it impractical or unrealistic to obtain a warrant before conducting the search. In order to meet this requirement the officer has to prove that circumstances made it very difficult to obtain a warrant at the time of the search or that the evidence was likely to disappear before a warrant could reasonably be obtained. Whether the circumstances are exigent will depend on various factors such as the time of day, the ratio of officers to suspects, and how likely it is that the contents of the car could be tampered with or removed.

If all of these conditions are met, then a police officer can lawfully search you car without a warrant. However if an officer conducts a search without a warrant and there is any question as to whether these conditions are present, then the search may be illegal. Any evidence obtained as a result of an illegal is not admissible in a court of law and must be thrown out. Thus, it is important to know when warrantless searches are permitted under the law because even if officers find contraband in your vehicle, this evidence can be thrown out if your attorney is able to prove that the search was not properly conducted.

What if a Police Officer Smells Marijuana From My Car During a Traffic Stop?

Mon, 30 Apr 2012 10:14:02 -0500

What if a Police Officer Smells Marijuana From My Car During a Traffic Stop?

If a police officer smells marijuana coming from your car during a traffic stop, whether or not he is lawfully permitted to search your vehicle is heavily dependent on the circumstances of the individual case. The 4th Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures by the government or law enforcement. However there are exceptions to this general rule including the so-called "motor vehicle exception." Under federal law, this exception means that law enforcement officials cannot search your car without a warrant unless there is probable cause to believe that a search would reveal either contraband or evidence of criminality. However New Jersey law makes it tougher for police officers to conduct a search. In New Jersey, a warrantless search of your car is lawful if and only if three specific conditions have been met:

The stop of the vehicle must be unexpected.

There must be probable cause to believe that the vehicle has contraband or some other evidence of criminality.

There must be exigent circumstances that would make it impractical to obtain a warrant.

The unexpected stop requirement means that the police are only allowed to search your car if the stop was made for an unforeseen and spontaneous reason (such as for a traffic violation). Probable cause is difficult to define but is often referred to as a "well grounded suspicion that a crime has been or is being committed." In other words, it requires an arresting officer to have more than just a hunch before searching your car--they must be able to reference certain facts or evidence that gives them a reason to believe that some sort of criminality has taken place. Finally, the exigent circumstances requirement means that the officer must be able to prove that the circumstances surrounding the search made it impractical or unrealistic to obtain a warrant before conducting the search. In order to meet this requirement the officer has to prove that the circumstances made it very difficult or impossible to obtain a warrant at the time of the search or that the evidence as likely to disappear before a warrant could be obtained. Whether the circumstances are exigent will depend on various factors such as the time of day, the ratio of officers to suspects, and how likely it is that the contents of the car could be tampered with or removed.

Because of these restrictions, the first thing a police officer will do if she smells marijuana coming from your car during a traffic stop is ask for your consent to search the vehicle. You are well within your rights to say "no." If you do not consent to the search, she is not allowed to search your vehicle without a warrant unless the above three conditions are met. Whether a judge would find that these conditions have been met is hard to predict and extremely dependent on the facts of the individual case. For instance, in a 2009 case, State v. Pena-Flores, a police officer smelled marijuana coming from a car after pulling the driver over for a traffic violation later at night. The police officer was not able to see any contraband in plain view, but after opening the passenger door he found two clear bags of marijuana on the floor. The New Jersey Supreme Court determined that this search was constitutional despite the fact that it was conducted without a warrant. They found that the probable cause requirement was met when the officer smelled marijuana and that the need to conduct the search was exigent because the car was pulled over late at night and it would not have been possible to obtain a warrant at that time. In a similar case from 2010, State v. Pompa, a police officer pulled over a tractor-trailer on I-78 at 8:30 in the morning and was struck by the smell of 20 air fresheners hanging in the cab. Upon lawfully entering the cab he smelled marijuana coming from the sleeper compartment. He decided to search the sleeper compartment, where he uncovered 30 pounds of marijuana hidden in a closet. The Appellate Division found that this search was illegal and did not allow the evidence of the marijuana to be used against the driver. While the smell of marijuana represented probable cause, the search did not meet the exigency requirement because there was no danger that the evidence was going to disappear. The fact that the search was conducted at 8:30 in the morning meant that he should have been able to obtain a warrant before conducting the search.

Thus, if an officer smells marijuana from your car during a traffic stop there is a good chance that this will be found to represent probable cause for a search of the vehicle. However the existence of probable cause alone is not enough to search a car without a warrant in New Jersey--there must also be an exigency which makes it impractical or impossible to obtain a warrant at that time.

If an officer conducts a search without a warrant and there is any question as to whether these conditions are present, then the search may be illegal. Any evidence obtained as a result of an illegal is not admissible in a court of law and must be thrown out. Thus, it is important to know when warrantless searches are permitted under the law because even if officers find contraband in your vehicle this evidence can be thrown out if your attorney is able to prove that the search was not properly conducted.

Cocaine Possession

Fri, 27 Apr 2012 09:23:58 -0500

Cocaine Possession

In 1970, the federal government passed the Controlled Substances Act in order to regulate possession of illicit drugs in the United States. This law created a classification system that assigns all Controlled Dangerous Substances (CDS) into one of five categories (Schedules) based on various considerations such potential for addiction, accepted medicinal uses, and general risk to health. Substances presenting a great risk of addiction and little to no accepted medical usage are classified in Section I, while relatively less dangerous drugs with greater accepted medical use are assigned to Schedule V. Cocaine is classified as a Schedule II drug due to its highly addictive nature and its very limited use in the medical profession.

Convictions for cocaine possession are among the most common drug-related offenses in New Jersey. Cocaine is typically possessed in one of two forms: in a powder form ingested by snorting through the nose or in a processed rock form known as "crack" that is heated up and smoked. In 1987, New Jersey passed the Comprehensive Drug Reform Act in order to "ensure the imposition of stern, consistent punishment for all drug offenders." The section of the statute that regulates cocaine possession in New Jersey is 2C:35-10, which states that it is illegal for anyone "knowingly or purposely, to obtain, or to possess, actively or constructively, a controlled dangerous substance." A person "purposely" possesses cocaine whenever it was his goal or objective to have the drug, and he is deemed to "knowingly" possess cocaine whenever he is virtually or practically certain that he is in possession. This language is important because it means that you can be convicted of cocaine possession even if you were not 100% certain that what you had in your possession was an illegal drug. In other words, if you are handed a suspicious white powder that you think might be cocaine, you cannot argue that you were unaware it was actually cocaine by simply remaining ignorant of that fact. All the state has to prove is that you were aware that there was a good chance that the substance you possessed was cocaine and that you failed to get rid of it in a timely manner.

Penalties under NJ 2C:35-10 depend on where the person is arrested and the quantity of cocaine in his or her possession. Possession of less than a half an ounce (even only trace amounts) is a third degree felony offense punishable by up to 5 years in prison and a fine between the amounts of $1,000 and $35,000. In addition, there is a mandatory forfeiture of driving privileges for at least 6 months and up to 2 years. Possession of more than half an ounce will lead to significantly harsher punishment because you are presumed to be in possession with intent to distribute, a much more serious offense than simple possession. Possession of a half an ounce to 5 ounces of cocaine is punishable by up to 10 years in prison, while possession of 5 or more ounces can result in a prison term of up to 20 years. Finally, penalties and fines can be significantly harsher if you are convicted near a school zone or in a public park.
If charged with simple possession of less than a half an ounce of cocaine, you may be subject to a range of penalties depending on whether or not you have any prior convictions for a drug or felony offense on your record. If you are a first-time offender charged with simple possession of cocaine, you will typically be allowed to apply for a Pre-Trial Intervention (PTI) program. Acceptance into this program will allow you to enter a drug treatment program instead of the standard court proceedings or trial. Successful completion of the program can lead to a dismissal of charges and no conviction on your record. On the other hand, you are charged with possession of cocaine and this is not your first drug or felony offense, then the chances that you will be permitted to enter a PTI as a substitute for trial are very slight. Any conviction for a drug-related offense remains on your record for 10 years, and carries a mandatory license suspension of at least 6 months and up to 2 years.

Point Pleasant Borough: Chance to Dispose of Medication

Thu, 26 Apr 2012 14:23:17 -0500

Point Pleasant Borough: Chance to Dispose of Medication

On Saturday, April 28th, 2012 from 10 a.m. to 2 p.m., the Point Pleasant Police Department is hosting a collection site with the Drug Enforcement Administration's (DEA) New Jersey division.

Prescription drug abuse has become a problem of epidemic proportions throughout the U.S. Often, children, teenagers, or young adults obtain prescription drugs by ransacking another family member's medicine cabinets. Operation Take back New jersey is a safe and effective way to dispose of unused and unwanted medication.
The collection site this year will be at the Main Entrance to the Borough hall and the Municipal Court. Residents are advised to drop any unwanted medication they have in a drop box. The program is anonymous and thus it is requested that all resident either remove or black out any personal information that exists on the medication. Note that syringes and other sharp instruments will not be accepted.

Any questions should be directed to Detective Lieutenant Adam Picca at tel. No. (732)-892-0060.

Theft of Property in Unlocked Cars in Rumson Leads to Burglary Charges, Lack of Force Entry Does Not Negate the Crime.

Mon, 23 Apr 2012 10:16:46 -0500

Theft of Property in Unlocked Cars in Rumson Leads to Burglary Charges, Lack of Force Entry Does Not Negate the Crime.

After a month of nearly a dozen car break-ins, Matthew Mennillow, 31 of Toms River, and Lisa Clayton, 25, of Berkeley were arrested in Manchestor on nine counts of burglary, theft, and a count of criminal attempt to commit burglary.
According to the police report, all of the vehicles were unlocked and the suspects are accused of stealing about $1,800 in property. Most of the property consisted of cash, credit/debit cards, and GPS units. Police used surveillance video to find Mennilow and Clayton.

A burglary occurs when one 1) breaks into and 2) enters 3) a building or car 4) without consent and 5) with the intent to commit a felony or steal property.
In early common law, burglarly laws applied only to homes and only if it occurred at night. Under current law however, burglary laws have extended to many structures, even portabe ones like cars, boats, and mobile homes. Furthermore, burlarly used to require a forcible breaking and entry. Thus, under common law the two defendants discussed above would not have been able to be found guilty because the cars were unlocked. Under modern law any entry can constitute burglary, For example, even if the car windows were rolled down and the defendants simply put their arm through the window to grab the property it would still constitute burglary (assuming all of the other elements of the law are met)

Burgularly in Rumson, Monmouth County Legal Explanation of the Crime

Fri, 20 Apr 2012 12:14:40 -0500

Burgularly in Rumson, Monmouth County Legal Explanation of the Crime

Burglary is an increasingly common crime in Monmouth County during these rough economic times. As reported in the Asbury Park Press, a Rumson man was caught by the police shortly after his burglary attempt was ruined by the person inside the home. After David Wilt, 20, broke into a Hance Road Home at about 3:30 P.M. on Monday, April 16 he was confronted by someone in the house and fled. As he fled he left some debris behind and the victim was able to record Wilt's license plate number as he fled down Evergreen Drive in Rumson. After calling the police and providing the license plate information, Detective Dykstra tracked down and charged him with burglary, theft, possession of a controlled dangerous substance, forgery of prescription blanks, possession of stolen property, leaving the scene of a motor vehicle accident, and failure to report a motor vehicle accident. Will has posted $7,500 bail and was released from jail.

Burglary is well known as the crime of "breaking and entering." There is a common misconception that burglary means breaking and entering in order to steal, but in actuality it is any breaking and entering with the purpose to commit any crime. It just so happens that most burglaries are committed with the intent to steal. It is estimated by the FBI that approximately 2 million burglaries occur annually. This means that on average, a burglary occurs every 14.16 seconds, or 6,101 times per day. Most burglaries are of the home, taking place between the hours of 10AM and 3PM, and results in theft of items. The items most frequently stolen are electronics, jewelry, cash, firearms, and silverware. 85% of burglars are male.

In New Jersey, a person is guilty of burglary if he enters any structure or part of a structure that is secured, with the intent to commit a crime (or other offense), and he has no right, privilege, or license to be there. It is also burglary for a person to secretly remain in a secured structure in order to commit a crime or offense. Trespassing with this same intent to commit a crime or offense on utility company property where public notice prohibiting trespass clearly is given is also considered burglary. New Jersey law specifies that breaking into or remaining in a research facility with the intent to commit an offense is burglary as well.

Burglary is a crime of second degree if "in the course of committing the offense," the actor inflicts, or threatens to inflict bodily injury on anyone; or is armed with or displays what appears to be explosives or a deadly weapon. In any other case burglary is a crime of third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

One can also face a fourth degree charge if he or she knowingly or purposefully manufactures tools, machines, or other devices made in order to assist in the crime of burglary. This charge applies to even print material, including instructions or plans that specify how to use or make tools for the purpose of burglarizing. The mere possession of such materials will be considered a disorderly person offense.

JERSEY SHORE HOUSE PARTIES LEAD TO DISORDERLY PERSONS AND UNDERAGE DRINKING

Wed, 18 Apr 2012 14:44:37 -0500

HOUSE PARTIES AT THE JERSEY SHORE LEAD TO DISORDERLY PERSONS AND UNDERAGE DRINKING

Currently the Jersey Shore is experiencing unusually warm Spring Days and as is customary, house parties and underage drinking result. Recently, in Rumson 40 teens were taken into custody and released to their parents after Lt. Scott Paterson was on Patrol and saw two extremely intoxicated girls walking towards the house part around 10:00 PM at night. Lt. Paterson determined that a large party with underage drinking was occuring at 60 Bellevue Avenue, Rumson. Later, Rumson officials confirmed that the listed homeowners of the Bellevue Avenue property were Adam and Roslyn Bryan. They were both charged with maintaining a nuisance, a disorderly person's offense, for which they are schedule to appear May 9.

Mayor John Ekdahl, in response to the underage drinking roundup, said that Rumson and surrounding towns are collaborating to roll out a comprehensive drug and alcohol awareness program. Termed as the Municipal Alliance to Prevent Drug and Alcohol Abuse, the task force is set to launch at the beginning of the next school year, and will target all school children from the elementary schools up to the high school. In addition, the program will offer expanded education on the pitfalls of substance abuse.

In New Jersey, underage drinking violations are considered disorderly persons offenses. A disorderly persons offense is a general category of offenses punishable by up to a $1,000.00 fine, payment of restitution, jail time, and other monetary fines and penalties. If you are caught consuming alcohol in a public place of assembly (a house party) and you are under the age of 21, you will be charged with either a New Jersey Statute violation or a municipal ordinance for underage drinking. Furthermore, if you obtained that alcohol by using a fake ID, you could also be charged with N.J.S. 2C: 28-7 (Tampering With Public Records or Information) or a similar local ordinance. In general, the fake ID charge is treated as a disorderly persons offense, but depending on the document used, it could be stepped up to a fourth or even third degree indictable offense, which can carry heavier penalties

5 Charged With Vandalism & Criminal Mischief; Connected to over 150 Police Reports of Broken Windows

Wed, 18 Apr 2012 09:45:38 -0500

5 Charged With Vandalism & Criminal Mischief; Connected to over 150 Police Reports of Broken Windows

Vandalism is one of the most common crimes at the Jersey Shore, especially in the summer months. Recently, police nabbed 5 people who had been terrorizing several Monmouth County towns for almost a year. Police Officials in the towns of Brielle, Atlantic Highlands, Howell, and Spring Lake recorded approximately 150 reports of rocks being thrown through car and living room windows over the year.

Police responded to a 12:15 a.m. report of rocks being thrown through the windows of a car and home on Pitney Avenue, in Spring Lake. As the two police officers arrived on scene, a group on people were surrounding a SUV. Plainly visible from the outside were piled of rocks scattered on the seats and floors of the truck. All 5 suspects, ages ranging from 17-24, were arrested and charged with various counts of criminal mischief or other summons. Residents throughout Monmouth County should be delighted by the news as many felt helpless to stop such seemingly random acts throughout the county.
A charge of criminal mischief may result if an individual is thought to have caused damage to property belonging to someone else, for instance, a local businesses or private residence. The charge is usually written when a person purposely or knowingly damages the tangible property of another person or recklessly/negligently causes property damage in the employment of a fire, explosives, or other dangerous means.
Many acts can constitute criminal mischief. Some of these acts include damaging or defacing property, such as cars, trucks, buildings, and private residences (this includes rental property); interrupting a public communication, transportation, or supply of oil, water, gas or power; and tampering with a grave, headstone, crypt, or mausoleum. Other acts include destroying or tampering with signs, signals, or lights located on public streets and airports.

The degrees of offenses affiliated with criminal mischief are very fact specific. The facts of an individual's case will dictate what degree of the offense one may be charged with.
A charge of the disorderly persons offense of criminal mischief in New Jersey will result if one has damaged or destroyed the personal property of another in the amount of $500.00 or less. The value of the damage is determined by the fair market value of the property allegedly destroyed. If convicted of the disorderly offense of criminal mischief, one will typically face the standard disorderly persons penalties and will be ordered to pay restitution for the damaged caused. If the damage is found to be greater than $500.00, however, the charge is no longer a disorderly persons offense, and elevates to a much more serious, indictable offense.

An individual may be charged with an indictable offense of the 2nd degree if the damage done recklessly causes death. If one is found guilty of this 2nd degree offense, the result may be a substantial prison sentence.
An individual may be charged with the indictable crime of criminal mischief in the 3rd degree if he/she has purposely or knowingly caused damage that exceeds $2,000.00. One may also be charged of the crime of the 3rd degree if, in certain situations, bodily injury is caused to another person. If one is found guilty of a 3rd degree offense, they may face a prison sentence.

A charge of criminal mischief in the 4th degree may result if an individual has caused damage that is valued between $500.00 and $2,000.00. If one is found guilty of a 4th degree offense, they may face a prison sentence as well.
A type of criminal mischief that is frequently seen in New Jersey is when one purposely, knowingly or recklessly tampers with the property of another, including the rental premises by a tenant in retaliation for evictions proceedings. This aspect of the offense is personal to homeowners and landlords in Ocean and Monmouth Counties who rent their homes to vacation-goers during the summer season. If the homeowner/landlord decides to evict the tenant and the tenant damages the property in retaliation, the homeowner/landlord may bring a claim of criminal mischief against the tenant and recover the cost of the damage.

Charges and convictions involving an act of graffiti frequently fall under the criminal mischief offense as well. The repercussions that may flow as a result of this conviction include paying the monetary value of the amount the damage caused, performing community service for no less than 20 days or not less than the amount of days required for the removal of the graffiti from the property

Silence Cannot Be Considered Consent To Ssearch Of Bag's Contents In New Jersey Traffic Stop

Mon, 16 Apr 2012 14:02:03 -0500

SILENCE CANNOT BE CONSIDERED CONSENT TO SEARCH OF BAG'S CONTENTS IN NEW JERSEY TRAFFIC STOP

A recent case arising out of New Jersey's Appellate Court overturned the trial court's conviction based on evidence obtained without a warrant from a car which the defendant was a backseat passenger in. The car was searched with the oral consent of the driver, but not that of the defendant. This case provides insight into what the New Jersey Court deem proper criminal procedure in Ocean County and Monmouth County, New Jersey.

An East Orange Patrol officer responded to a call in August 2008 about a dispute between a grandson and grandfather. Upon arrival, the officer observed a male matching the grandson's description jump into a vehicle with a bag. The officer pulled over the car which had three occupants, 1 of which was the defendant in the rear seat. After back up police arrived on scene, the three occupants were separated for questioning. The driver allegedly provided oral and written consent to the police to search the car. Interestingly, the state was unable to provide any evidence of the driver's written consent. The police then went into the car without a warrant and recovered a bag containing a handgun, marijuana, and a scale. At trial the judge found the defendant guilty of various drug related crimes. The judge agreed that the defendant was not free to leave while in the back of the police squad car but that there was no evidence of coercion of the driver's consent.

The Appellate Court overturned the trial court's conviction citing concerns regarding the ability of a 3rd party, driver, to consent to a search of a container unless he has common authority or an otherwise sufficient relationship to the container. Since the police officer saw defendant jump into the car with the bag, she had no reason to believe the bag belonged to the driver. In addition, the court noted that the defendant's silence at the scene cannot be considered to constitute consent to search the bag. The court cited case law from New Jersey's Supreme Court that held it is generally improper to equate a defendant's silence with a knowing waiver of the constitutional right to object to a search where a defendant is unaware of his right to refuse such consent.

Synthetic Marijuana In Ocean County and Monmouth County New Jersey

Wed, 11 Apr 2012 11:35:34 -0500

Synthetic Marijuana

Synthetic marijuana is a relatively new product that attempts to capture the effects of cannabis. It is a psychoactive herbal and chemical product that has gained immediate popularity since its introduction in 2002. Although it was first thought to contain a mixture of just legal herbs, laboratory studies have since shown that synthetic marijuana in fact contains synthetic cannabinoids. In order to avoid illegal status, many manufacturers use a large variety of synthetic cannabinoids in the creation of synthetic marijuana. The most common synthetic cannabinoids used are cannabicyclohexanol, JWH-018, JWH-073, and HU-210. This makes synthetic marijuana a type of designer drug. It is best known by its most popular brand names - Spice, K2, and Blaze. Like actual marijuana, synthetic marijuana is most often smoked. Its metabolites can be found through a urine test and seem to bind more permanently to receptors in the body and remain longer in major organs like the brain.

Synthetic marijuana mimics the look and feel of real marijuana, with colors varying from green, brown, yellow and red. It is often sold in small foil or plastic zip bags. As of yet, there have been no official studies on the effects of synthetic marijuana on its users, but it has been linked with many negative effects not associated with typical marijuana users, such as agitation, vomiting, heart palpitations, seizures, and psychosis. Individual users and reviewers have claimed that synthetic marijuana produces a high similar to real marijuana, except that the effects do not last as long. The chemist responsible for the development of one of the first synthetic cannabinoid JWH-018, has stated publicly that it was not meant for human consumption and "could very well have toxic effects. They absolutely should not be used as recreational drugs." In extreme cases, synthetic marijuana has led to heart attack-like symptoms in otherwise healthy teens, as well as death after a single use.

Some of the compounds found in synthetic marijuana have been scheduled under federal law (schedule 1), while others are only temporarily scheduled or not listed at all. It seems that as quickly as certain synthetic cannabinoids are banned, new ones emerge and are sold legally online and at liquor stores, gas stations, and convenience stores. In New Jersey, the Attorney General issued a statewide ban of all variations of synthetic marijuana as of late February 2012 through an emergency order that stands in effect for 270 days even without an act of the legislature. This ban gave sellers 10 days to surrender any products still on their shelves. The ban came into affect after reports of surging heart rates, seizures, paranoid delusions, and suicidal thoughts became widespread throughout the state. All synthetic marijuana variations are therefore considered a schedule 1 drug at this time. A public hearing will be held May 10, 2012 to allow interested parties a chance to provide testimonies concerning the state's intention to permanently place all synthetic cannabinoids in the category of schedule 1 drugs. As a schedule 1 substance, the possession, distribution, manufacturer, or dispensing of synthetic marijuana in a quantity of one ounce or more, including any adulterants or dilutants is considered a crime of the second degree. Synthetic marijuana in a quantity less than one ounce is a crime of third degree except that a fine of up to $75,000 may also be imposed.