A former Dover police dispatcher faced serious charges and was left with a four year prison sentence and no question about the judge’s desire to make an example of him. The thirty-nine year old man worked for the department for six years, during which time he was accused of several offenses. He pled guilty to one.

He admitted to wrongdoing back in February of this year and stated he provided information to friends and family members about criminal histories and automobile registrations. He also got discounts from a towing company by awarding business to the company, who was not on a list of approved towers for the city. Finally, he disclosed the identity of a witness to a relative.

He waived his right to a grand jury hearing in exchange for only having to plead guilty to one count of the New Jersey criminal charge of official misconduct. Such a crime applies to people who work for the public and use their power and privileges for unethical behaviors. It’s commonly applied to police officers and other civil servants.

Upon sentencing the defendant to 4 years in prison the judge said “This significant sentence should serve to send the message that public officials will be harshly dealt with when they violate their obligations to the public.”

Anytime a judge talks about “sending a message”, it’s clear proof they are trying to make an example of someone. And while this man’s actions were not just or legal, his sentence is a pretty harsh one for certain. But judges are given a sentencing range and given the power to use all of the facts of the case to determine an appropriate place within that range to sentence the defendant. This judge obviously thought 4 years was appropriate.

The defendant will be eligible for parole after 2 years and is barred from holding public employment in the future.

It’s not unusual for a defendant to feel like their sentence is unjust. A defense attorney can assist you in determining why the judge sentenced you the way they did and the factors that may be considered by the judge at sentencing time.

If you are facing criminal charges, contact our offices today. I have experience in handling all kinds of New Jersey criminal cases and would like to assist you with yours.

In a move unmatched by any other state, the Supreme Court of New Jersey has looked at piles of scientific evidence concerning the reliability of eyewitness testimony and developed procedures to minimize the disastrous effects of misidentification.

According to the Innocence Project, 75% of all 254 DNA exonerees across the country were initially convicted on the basis of eyewitness testimony. 3 out of 5 of the New Jersey exonerations involved mistaken identifications as well. Because eyewitness identification plays such a big role in many criminal cases, ensuring their accuracy is crucial in preventing the incarceration of the innocent.

The Court examined more than 200 pieces of research, books, and articles concerning the subject and had 7 experts testify. Recommendations include having pretrial hearings to validate the reliability of eyewitness and the procedures used in the fact finding and investigation stages of the case. The burden would rest on the prosecution to prove the witnesses reliability.

As the Inquirer report points out, many factors can influence eyewitness identification. Rarely, if ever, is the misidentification intentional. Instead, it is most often an honest mistake caused by any number of influences.

The race of the witness when compared with the alleged suspect can affect their ability to identify them. Also, whether a weapon was present or not can cause a witness to miss details of a person’s appearance.

Many police departments across the nation have changed the way they do photo lineups in recent years in an effort to minimize mistakes. How they arrange the photos and the things they say during the identification phase can all slightly shift a witness’s choice and cops must be extremely careful so as not to unconsciously influence the id.

All of the evidence used against you during criminal proceedings must be foolproof. As your attorney, if there is any doubt of the reliability of any of the evidence, we can challenge its admissibility in court. Whether you are facing assault charges or drug charges, I can help.

Contact my offices today for a free consultation on your criminal case.

In regards to a stalking law that has been changed and changed again, the New Jersey Supreme Court took further actions to clarify what exactly must be present for a stalking charge to “stick”. They ruled the intentions of the defendant are inconsequential and that defendant doesn’t have to know or intend their actions to cause fear in order to be convicted of stalking.

According to this briefing from Law.com, the stalking law (NJSA 2C: 12-10) on New Jersey’s books has been changed multiple times since its enactment in 1992.

Stalking laws across the country are relatively new as it is a fairly modern crime. Amendments are normal in new criminal laws as the system seeks to close loop holes and ensure they are written correctly. These changes often come about through legislative changes but also through appeals processes.

As it was originally written the law required proof that the defendant actually intended to cause fright, alarm, or annoyance with the stalking activity. In 1996 this requirement of intent was narrowed before being completely removed in 1999. The case which appeared before the N.J. Supreme Court last month affirmed the most recent change, stating that the defendant does not have to intend the resulted fear or annoyance.

This is important because intention or the motivation behind an act is often what separates criminal and non criminal situations. However, according to the ruling that intention isn’t required for a stalking conviction.

Generally, unless a restraining order is in place or this is a second offense, stalking is a 4^th degree offense. This carries a penalty of 18 months in prison. If, however, it is in violation of a restraining order or it isn’t the first conviction, the offense has a potential to carry up to 5 years behind bars.

There are numerous approaches that your attorney can take to defend you against stalking charges. If you are facing charges like these or charges of harassment, contact me today. I can give you some free legal advice and we can discuss your case.

New police technology in New Jersey is being used to aggressively scan and track citizens, searching for criminal and civil violations.According to this article, the Deptford PD has acquired automatic license plate scanning systems installed in police vehicles. These systems can identify thousands of license plates, whether they are parked or moving at highway speeds. If a license plate is scanned and matches any tag identified in an on board database, the police officer is instantly notified while still in close proximity to the car in question.

In a recent run through the parking lot at the Deptford mall, the system identified and flagged three stolen vehicles.

The database can be set to match any criteria. Stolen vehicles and amber alerts are just the beginning. The system can be cross referenced with DMV owner records, so that the owner of a vehicle who might have a suspended drivers license in New Jersey or out of state, or an outstanding criminal warrant, either locally, or matched with federal law enforcement databases, can be instantly identified and arrested.

Other possible uses are for locating ticket scofflaws, or even people owning municipal back taxes. Anything that can be matched to a government database can make you and your vehicle a target.

And that’s not all. Even if you have done nothing wrong, or are not wanted or suspected of anything, you are still being tracked. All of those license plate “misses” stay in the database indefinitely. Your movements can easily be tracked by anyone able to search the historical location data. Every plate tagged is matched with a time, date, and GPS location.

If you happened to be parked somewhere near where a crime was committed a month ago, you can be identified and questioned. And the data can be used in all kinds of other frightening ways. The government can make associations with other people parked near you. If there was a political event or gathering, the police can track anyone who was parked nearby, and look for patterns in the data.

And there is no way to “opt out” of this monitoring, other than not owning  a car. As these systems are deployed nationwide, the amount of data and possible mining of that data will be tremendous.

Civil liberties law has not caught up to these possibilities, and it is something that everyone should be aware of. And it may be noteworthy that these plate scanners were paid for with a federal grant from the Department of Homeland Security. Is this a long term plan for a nationwide net of federal tracking?

But in the mean time, if your driver’s license is suspended, or you accidentally missed a court date, you simply can’t expect to be able to even drive to the supermarket or mall without the police identifying you, and very likely arresting you on the spot.

Update: Another story on the scanner purchase in the Courier Post.

Newark officials are expected to clear several old warrants over a 4 day period this week in a program that is both fair and effective. Fugitive Safe Surrender is costing the state $100,000 but saving much more than that as it allows people to bring themselves in rather than waiting for law enforcement to come find them.

The program has set up shop in the Bethel Baptist Church on Market Street where people are encouraged to turn themselves in, in exchange for leniency on nonviolent charges.

According to the New York Times, 1,000 people had taken advantage of the program in the first two days. In Camden, where the original round up occurred last year, 2,245 turned themselves in over a two day period. That drive cleared 7,000 warrants from the books.

Fugitives, which seems such a harsh word for people accused of traffic violations, enter the church where their warrant is looked up on a computer. Then, they head next door where makeshift courtrooms are set up in order to work out a deal with the judge.

The Times article details several examples of people going in there with suspended licenses and walking out with accommodations. One man, who owed $1,500 for several non violent charges, got his fine reduced to $15 and the warrant cleared.

Another, owing back child support but unable to work due to the warrant, was granted relief from the warrant on a promise to appear for future court dates, allowing him to get started on making the money that he owes.

The stressful feeling of having a warrant out for your arrest can be horrible. It’s like a constant shadow over your shoulder. This fear can make it difficult to know what to do. While the Fugitive Safe Surrender program is only a 4 day event, the right defense attorney can assist you with working out a plea deal when you have charges or a warrant out for your arrest. Old warrants can be cleared by other legal means, sometimes without you needing to come to court.

If you failed to report for court and a warrant was issued, you must eventually answer to those charges. Call me today to discuss the best way to handle your situation.

Beginning about a month ago, white vans filled with volunteers and community officials took to the street in the late night and early morning hours. These “caravans” are intended to prevent crime by making their concern for safer neighborhoods known.

Community Caravan Night Patrols are made up of volunteers, city officials, and off dut police officers. They pile into vans and patrol the neighborhoods, neighborhoods known for their violent tendencies.

The citizens are not allowed to leave the vehicle and instead drive around, witnessing and being aware. Although the vans are flanked by off duty officers who can stop and investigate a situation if needed, the caravans have their critics.

According to this article from The Star Ledger a professor at the John Jay College of Criminal Justice points out that the volunteer’s time would be far better spent actually out in the communities getting a feel for what can be done to improve the situation.

Although sightseeing from a van doesn’t sound like effective crime prevention, the report states that while the patrols are going on, no murders have occurred in these high crime areas. However, there have been some just before and immediately following the evening caravans.

Police presence has long been considered a deterrent to crime and it’s not clear if volunteer presence has the same effect. However, the program is not costing taxpayers anything and it is expected to continue.

High crime neighborhoods are often wrought with poverty. For many, criminal behavior is something they are raised around and accustomed to. For others, it may be seen as the easiest way to get an income during these tough economical times.

While I understand some of the reasons for criminal behavior, these excuses can’t often be used as a defense in a court of law.

When you are facing criminal charges you need someone who is understanding of your situation but also aggressive in defending your rights. You want a defense lawyer who will listen and then turn around and make something happen.

If you are facing theft, assault, or drug charges and need assistance with your case, I can help. Contact me immediately to discuss the details of your case and for some free legal advice.

Sixty three year old Roy Campbell has been a common feature of the affluent Glen Ridge area for the past five years. In those five years Campbell has given many rides to the residents and visitors here without charging a penny.

An employee of Glen Ridge, as a jitney driver, Campbell has many fans in the community, fans that came to his court date in a show of support and in disbelief that the man they know as a helpful friend could be guilty of the harassment he was charged with.

Campbell was charged with harassment in early March of this year when he was accused of touching a passenger inappropriately. This “inappropriate” touch involved Campbell putting his hands on the forearms of 53 year old female.

According to Campbell he got off the bus to thank the woman, who he knew, for a favor. Coincidentally a few days earlier Campbell had actually helped the alleged victim by getting a disabled vehicle towed from her home.

A police officer saw Campbell approach the woman and get what he thought was “too close” to her. The officer, a rookie names Michelle Provenzano, urged Campbell to “be on with his business” and move away from the woman. The woman reportedly thanked her.

Many in the community see this case as an overreaction and claim the situation stinks of racial discrimination. Campbell’s defense attorney is quoted in this Star-Ledger report as stating the situation is “more akin to something out of Birmingham, Ala., in the 1950s”. He goes on to allege that the end result would have not been criminal charges if Campbell was a weathy white man.

Regardless of the motivation, the harassment charges were dropped and Campbell’s supporters did not have to speak on his behalf, something that many were prepared to do.

However, in order for the charges to be dropped, Campbell was required to apologize for the misunderstanding and refrain from having contact with the woman in question.

Harassment is defined in several manners under New Jersey law. One of the possible definitions that were likely being used in the charges against Mr. Campbell was “acting in a manner to cause annoyance or alarm” or “subjecting another to offensive touching”.

The criminal offense of harassment is related to the disorderly persons crimes. If you are accused of either of these you need an aggressive defense attorney on your site representing your best interests.

When facing charges of this nature or any other New Jersey criminal charges, contact me immediately to discuss your case and the possible outcomes.

A New Jersey Prosecutor’s Detective warns students that sending sexually explicit photos or text messages is a crime under New Jersey law.As noted in this article in the New Jersey Herald, criminal charges can range from invasion of privacy and harassment to distribution of child pornography. An a criminal conviction of a sex crime can result in a requirement to register as a sex offender in certain cases.

Fortunately, most cases involving minors who are involved in sexting cases don’t get far in the criminal court system. More typically, even if the police and courts get involved, and the incident isn’t deemed serious, prosecutors will agree to drop the charges if the victim agrees.

And the State Legislator is working on proposed laws that would allow for formal alternative dispositions instead of putting a sexting case through the New Jersey juvenile court system. Some lawmakers would like to see a formal education program on the dangers of sexting in exchange for charges dropped.

School authorities note that the majority of sexting games are girls sending their boyfriends photos. They are typically extremely naive about the likelihood of the photos being circulated, especially after a tumultuous teen relationship ends. Other sexting cases result from cyberbulling or other forms of peer pressure.

The universal access to cell phone cameras makes in incredibly simple for a momentary lapse of judgment or bad decision to result in an embarrassing outcome, or worse, actual criminal charges.  Many kids are simply impulsive and oblivious to the dangers and harm that can result.

If you or someone you love is involved in a criminal sexting case in New Jersey, please contact me for help in resolving the matter as quickly as possible.