Archive for August 2009

Attempted Murder in New Jersey – Not Always Easy to Prove

As I wrote in yesterday's attempted murder related post, attempted murder is not an easy charge for the Prosecutor to prove in New Jersey. Consequently, a defense attorney can often negotiate a better deal with the Prosecutor or defend the case at trial when an attempted murder charge is the primary crime charged against a defendant. Read the rest of this entry »

Attempted Murder and Aggravated Assault in Monmouth County Jail – Consecutive Sentencing in New Jersey

A Monmouth County New Jersey defendant has recently been charged with attempted murder, two counts of aggravated assault, possession of a weapon for an unlawful purpose, unlawful possession of a weapon and making terroristic threats in connection with an attack on three corrections officers in the Monmouth County Jail on Monday August 24, 2009, according to APP.com . The defendant, incarcerated on an unrelated Eluding charge, allegedly stabbed the officers with a homemade shank (knife) as they entered his cell to fix a broken light. All of the Officers were treated for their injuries at Jersey Shore University Hospital in Neptune and released. Read the rest of this entry »

Official Misconduct Penalties in New Jersey Are Serious – Edison Police Shoplifter Lucky

An Edison New Jersey Police Officer plead guilty to Shoplifting in Middlesex County Superior Court on August 10, 2009, according mycentraljersey.com . Forget for a minute that a 29 year police veteran would need to, want to or risk, Shoplifting $42.00 worth of items from a supermarket where he works off-duty on a security detail. The real story is that he was able to avoid mandatory state prison time for Official Misconduct. Official Misconduct in New Jersey (N.J.S.A. 2C: 30-2) occurs when a public servant (yes, a police officer) commits an act relating to his office with the purpose to obtain a benefit for himself. In this case, the officer's attorney stated that his client felt pressured to plea to the Shoplifting because the State was threatening to Indict the officer for Official Misconduct. Read the rest of this entry »

New Jersey Sex Crimes – Megan’s Law Does not Always Apply

A female New Jersey High School teacher fom Howell Township New Jersey recently received a five year probationary term from a Middlesex County Judge for having a sexual relationship with one of her seventeen year old male students. The teacher waived her right to have the case presented to grand jury and plead guilty to a fourth degree count of cruelty and neglect. Apparently the teacher was 35 or 36 at the time the sexual relationship with the seventeen year old student. This case highlights one of the potential advantages to negotiating at the early stages of a case. I do not know the strengths and weaknesses of the State's case but the plea allowed the defendant to avoid a potential indictment for second degree sexual assault. Perhaps even more importantly, the defendant avoided the implications of Megan's law and parole supervision for life . Read the rest of this entry »

Maintaining or Operating a Marijuana Production Facility in New Jersey – It Does Not Take Much Marijuana

A New Jersey man was recently charged with Maintaining or Operating a Marijuana Production Facility and Possession of a Controlled Dangerous Substance (Marijuana) with the intent to distribute in Cumberland County New Jersey. Based on the charges, you would probably expect that extremely large amounts of marijuana and a sophisticated drug operation were uncovered but that was not the case. After someone consented to a search of the defendant's New Jersey home, the police found only 15 marijuana plants and six ounces of packaged marijuana (0.375 lbs). According to the State Police, paraphernalia consistent with an indoor marijuana growing operation was also recovered. Read the rest of this entry »
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