New Jersey Criminal Lawyers Blog

Memorial Day Weekend In Belmar May See an Increase in Disorderly Conduct

Sat, 26 May 2012 16:45:44 -0500

Belmar is a Popular Memorial Day Hot Spot and Will See a Spike in Population

Belmar may see a significant increase in population over Memorial Day weekend. The significant increase may lead to more disorderly conduct in Belmar. Disorderly conduct is a "catch-all" offense that is often written to control large crowds of people. Belmar and neighboring Lake Como, see large numbers of beachgoers and bar patrons and police usually write disorderly conduct charges for varying types of inappropriate behavior. For example, if you have gotten into an argument with another patron and are shouting and making hand gestures, you may be charged with disorderly conduct in Belmar.

Disorderly Conduct Can Be Written With Other Charges

If you have been an involved in an altercation on the beach, or at a bar or restaurant, your conduct may cause police officers to charge you with disorderly conduct, simple assault, and/or resisting arrest depending on how disruptive the behavior was to the general public. Disorderly conduct in Belmar can lead to fines, community service, payments of restitution, and in some cases may lead to jail time. Of course, the penalties will be greater if you have been charged and convicted of disorderly conduct in Belmar along with resisting arrest and simple assault.

Memorial Weekend Fun In Point Pleasant Beach May Lead To Disorderly Conduct

Fri, 25 May 2012 16:59:50 -0500

Disorderly Conduct in Point Pleasant Beach Could Increase Over Memorial Day

Point Pleasant Beach, NJ sees a significant increase in its population over Memorial Day weekend. The huge influx of summer and weekend renters can sometimes lead to more disorderly conduct in Point Pleasant. Disorderly conduct is often used by police officers to control large crowds and to deter certain types of behavior. For example, local residents may complain if there are a lot of noisy people in the streets walking home from Point Pleasant's popular bars. This behavior alone may warrant a charge for disorderly conduct to be written.

Disorderly Conduct Charges Often Written With Other Charges

Disorderly conduct can encompass a lot of different behavior and it can also be written other disorderly persons charges. Most often, a scuffle at a bar or in the streets can lead to disorderly conduct, simple assault, and resisting arrest charges. Police officers responding to a loud verbal fight may witness fists being thrown or two people pushing each other. When officers attempt to restrain the two fighting, they may resist the officer thus leading to resisting arrest charges as well as disorderly conduct and simple assault.

Seaside Heights Disorderly Conduct Charges Could See Spike Over Memorial Day Weekend

Fri, 25 May 2012 15:43:16 -0500

Seaside Heights Increased Weekend Population May Cause Disorderly Conduct

Over Memorial Day weekend, Seaside Heights sees a significant increase in population. The increase in population leads to high revenue for bars and nightclubs as well as increased police activity. The increase in population and increase in police presence often clashes resulting in more disorderly conduct charges. Disorderly conduct in Seaside Heights is just one of the many charges police may write. Others that can be written simultaneously or alone are resisting arrest and simple assault. All three charges are classified as disorderly persons offenses in Seaside Heights. Disorderly persons offenses can carry fines, restitution payments, community service, and may even include jail time.

Seaside Heights Police Write Disorderly Conduct Charges To Deter Behavior

Disorderly conduct in Seaside Heights is a charge that is often written to control large amounts of people and deter certain types of behavior. Police officers often write disorderly conduct, simple assault, and resisting arrest charges towards the end of the night as bar patrons are leaving their favorite bar. Most commonly, police attempt to deter intoxicated patrons from leaving the bar in a loud and disruptive behavior that may lead to fighting or some other altercation. For example, you may be written a charge for disorderly conduct in Seaside Heights if you shout loud profanities at someone as you are in the bar or are about to leave the bar.

LBI Rentals For Memorial Day; More People Can Mean More Disorderly Conduct

Thu, 24 May 2012 12:26:22 -0500

Memorial Day Weekend Is One of LBI's Busiest Weekends

Memorial Day is just around the corner for Long Beach Island (LBI), New Jersey. The local LBI business owners are bracing for large crowds patronizing their stores, bars, restaurants, and beaches. When a large number of people gather, there is often in increase in disorderly conduct. Disorderly conduct in LBI is a "catch-all" offense that can include a lot of different behavior. Disorderly conduct can sometimes be written with other charges such as simple assault and resisting arrest.

Disorderly Conduct in LBI is Often Written With Other Charges

Disorderly conduct in LBI is a disorderly persons offense that can carry fines, jail time, community service, and payments for restitution. Other disorderly persons offenses that are often written with disorderly conduct in LBI are simple assault and resisting arrest. The disorderly conduct charge can be written for a number of reasons. For example, you could be having a loud argument outside a bar, using profanity and making threatening gestures. If an LBI police officer is nearby, you may be written a charge for disorderly conduct on Memorial Day in LBI. If the loud argument escalates and the threatening gestures cause alarm and people are in fear of imminent physical harm, you could be charged be simple assault and possibly resisting arrest if you need to be pulled away from another.

The Laws For Possession of Marijuana in NJ

Wed, 23 May 2012 16:13:48 -0500

The Penalties For Breaking the Laws For Possession of Marijuana in NJ Can Differ

The penalties for possession of marijuana in NJ will depend on how much marijuana you have at the time you are charged. The New Jersey legislature has placed a clear line at 50 grams between charging someone as a disorderly person or as a criminal.

Possession of Marijuana in NJ UNDER 50 Grams

If you are caught with less than 50 grams of Marijuana in NJ, you will be charged as a disorderly person. Police officers may be in an area where they can observe the marijuana in plain view, which would allow them to arrest you for possession of marijuana in NJ. If the amount of marijuana is below 50 grams, you may NOT be charged with an indictable criminal offense. Marijuana possession penalties can be serious even if under 50 grams. Marijuana possession charges can lead to jail time and fines no matter what amount is found.

Possession of Marijuana in NJ OVER 50 Grams

If you have been caught with over 50 grams of Marijuana in NJ, you may face much more severe penalties depending on the total amount found. The discovery of the marijuana could be a result of a routine traffic stop or it could be the result of a loud house party that police officers respond to. Either way, possession of marijuana in NJ over 50 grams is an indictable criminal offense with harsher penalties.

"Bamboozle" May Lead To Disorderly Conduct in Asbury Park

Mon, 21 May 2012 15:26:44 -0500

With A Surge In Population For "Bamboozle", There May Be Increased Disorderly Conduct in Asbury Park

Due to the fact that Asbury Park will be experiencing a surge in population for "Bamboozle", local police have stepped up security according to NBC news: "Asbury Park police say they are ready for the Bamboozle music festival on the city's boardwalk this weekend, a three-day event with a head count estimated at 100,000." With the increase in population, there may also be an increase in disorderly conduct in Asbury Park. Disorderly conduct is a disorderly persons offense.

What to Expect If You Are Charged With Disorderly Conduct in Asbury Park

If you have displayed behavior warranting a disorderly conduct charge, you may be issued a summons or may detained by Asbury Park police. Either way, you will be ordered to appear in court and plead guilty or not guilty. If you retain an attorney, you will be able to avoid this first appearance because your attorney will write a letter of representation to the court waiving the initial appearance and requesting any evidence related to your disorderly conduct in Asbury Park. An experienced attorney will be able to look at the facts of your case and determine the best way to defend against the charges levied against you at Bamboozle.

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.