New Jersey Defense Lawyer

N.J. Court Considers Spanish Speaking DWI Suspects

admin — Tue, 03 Aug 2010 20:32:43 +0000

The New Jersey Supreme Court made an important ruling recently about the need for non-English speaking DWI offenders to understand the process of a breath test and potential repercussions for refusing it. Previously, there was no requirement for officers to translate or even try to deliver an understandable summary of the laws. Now, that has changed.

The case that made it to the state Supreme Court involved a non-English speaking man who was suspected of DWI. It was explained to him, in English, that refusing a breath test could result in additional charges and penalties. He didn’t understand and refused to take the test.

The court ruled that the suspect needs to understand the consequences of refusing. This means police will have to find ways to get the language they use translated in a manner that can be understood. According to USA Today, there are several options available for officers including a website and telephone number that can be accessed, providing an audio translation of the consequences.

The ACLU (American Civil Liberties Union) argued that Spanish speaking drivers cannot be expected to remember what was in the driver’s manual regarding breath tests while English speaking drivers are reminded when they are pulled over on suspicion of DWI. They pointed out that Miranda Rights and other such notifications are required to be translated as should be this notification.

Refusing to take a breath test is a serious matter. For your first offense, you will have your license suspended for 6 months. If this isn’t your first time, you could lose your driving privileges for up to 2 years for a second offense or 10 years for a third. This is in addition to any penalties you face for the DWI.

Though DWI’s are quite common this doesn’t mean they are any less serious. If charged with a DWI, you are looking at jail time, fines, and the loss of your license. When facing these charges, you need an attorney on your side willing to fight tirelessly in your defense.

If you are up against DWI charges, call me today. I can give you a free consultation and we can discuss the best way to handle your case.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

New Jersey High Court Questions Accuracy of Eyewitness ID’s

admin — Mon, 28 Jun 2010 17:27:57 +0000

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.

New Jersey High Court Clarifies Stalking Language In regards to a stalking law that has been...

Related posts brought to you by Yet Another Related Posts Plugin.

Update on the NJ Weedman Case

admin — Fri, 28 May 2010 02:14:40 +0000

Ed Forchion is determined to challenge New Jersey drug laws, and by extension his New Jersey marijuana possession charge on Constitutional grounds. His legal theory is based on a reading of the new medical marijuana law, and believes his criminal charges give him standing to do so in court.

According to phillyburbs.com, the man called “NJ Weedman”, believes that the drug possession law under which his was arrested may be invalid, since it states that “marijuana has no medicinal value”. Given the new limited medical marijuana use law in NJ, those laws appear to be in conflict.

Forchion now operates a legal marijuana dispensary in California, believes the New Jersey medical marijuana law is unfairly restrictive about the very limited legal uses for marijuana for medicinal purposes. He is a cult hero and activist for marijuana legalization, and is promoting his legal battle at his site njweedman.com.

As we noted before, Mr. Forchion faces serious criminal charges of marijuana possession and distribution, after a traffic stop in Burlington County. If convicted, he could face significant prison time for this indictable (felony level) offense.

New Jersey “Weedman” Arrested on Possession and Distribution Charges The self proclaimed “Weedman” was arrested last week in...
NJ Legislature Passes Medical Marijuana Bill In a move that would make New Jersey the...

Related posts brought to you by Yet Another Related Posts Plugin.

New Jersey Trooper Driven Home More than Once After Drinking and Driving

admin — Wed, 05 May 2010 20:59:17 +0000

It’s called a “professional courtesy” when an officer of the law is let off a traffic or other violation that would’ve garnered stricter attention with a regular citizen. Professional courtesies happen quite often between among the law enforcement community but rarely, it seems, when a criminal law has been broken.

According to The Start Ledger, one trooper may have gotten away with several instances of DUI between 2007 and 2008. The report claims she was pulled over 10 times between March 2007 and April 2008. At least one of those times it is suspected that she was under the influence of alcohol.

The trooper reportedly admitted to drinking “a lot” when she was pulled over in one of the incidences. That time she was transported to the local precinct where her fellow troopers picked her up and took her home. In another case the officer who pulled her over gave the trooper a ride home.

This case is particularly interesting considering the DUI crackdowns in the state recently. With drunk driving deaths and accidents regularly in the news, it is pretty rare to hear of anyone “getting away” with driving drunk.

According to officials with the State Police, this particular trooper did have a problem which has since been rectified. While they don’t come out and say it, they allude to the fact that she may have had a drinking problem and is now sober.

Regular people like you and I aren’t so lucky. If you are charged with DWI in New Jersey, you can face serious repercussions including jail time, fines, and a suspension on your driver’s license.

If you are facing charges like this now, you need the assistance of an aggressive defense lawyer that will look out for your best interests in court. Contact me today for a free consultation.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

New Jersey “Weedman” Arrested on Possession and Distribution Charges

admin — Mon, 12 Apr 2010 18:49:31 +0000

The self proclaimed “Weedman” was arrested last week in Mount Holly as he was transporting a suitcase of marijuana is the trunk of his rental car. The man, who has incidentally ran for numerous public offices, is now facing charges of possession and distribution for the pound that was confiscated.

The “NJ Weedman”, as this story from the Philadelphia Inquirer states, believes the arrest was destiny and a future platform for him to fight what he believes are unconstitutional aspects of the marijuana laws in New Jersey.

Although he is a personal fan of marijuana, he is opposed to the medical marijuana legislation because he believes it violates the “equal protection” clause of the U.S. Constitution, only protecting certain people from prosecution for marijuana crimes.

Although it is unlikely the “Weedman” will successfully battle the new medical marijuana laws, his theories are interesting, if nothing else.

Marijuana laws are changing all over the country as states consider legislation for everything from medical marijuana to legalizing the drug altogether. Here in New Jersey, some residents have the mistaken opinion that medical marijuana will somehow decrease the seriousness of a pot charge.

Unfortunately, for everyday people charged of marijuana possession or even distribution, the new medical marijuana laws will do nothing. If anything, judges and prosecutors will be on the lookout to ensure the new laws don’t minimize the public’s perception of marijuana as a controlled substance.

Possession of marijuana, though less serious than possession of many other drugs, is still a serious criminal charge. Even for your first offense, you stand to face several months in jail. If you are accused of possession with intent to sell, those penalties go through the roof.

If you are charged with a marijuana offense, don’t take the law into your own hand. The Constitution guarantees your right to attorney representation for a reason. Call me today to discuss the details of your case.

NJ Legislature Passes Medical Marijuana Bill In a move that would make New Jersey the...
Operation Wetlands Nabs New Jersey Drugs, Guns A multi-agency effort to stop the efforts of a...

Related posts brought to you by Yet Another Related Posts Plugin.

NJ Drug Cases to be Vacated Due to Corruption?

admin — Fri, 19 Mar 2010 20:20:02 +0000

In a story that broke last week in the Asbury Park Press, numerous charges could end up being dropped and convictions vacated due to possible corruption within the Camden Police Department. According to the report, it could affect as many as 50 people who have been convicted or are currently facing mostly drug charges.

Four police officers were supposedly suspended last November and since their suspension, several people that they had arrested have seen their convictions overturned and their criminal charges dropped. Those people affected state that the cops planted drug evidence and coerced them into cooperation. Officials, however, are silent.

Neither law enforcement nor the Camden County prosecutor and an Assistant U.S. Attorney will discuss the investigation or even confirm an investigation is taking place. However, defense lawyers representing the cleared suspects and the suspects themselves are talking.

It seems that in Camden, a city notorious for its crime rate, these officers may be suspected of planting drug evidence and pressuring the people they were tasked with protecting. One public defender told the AP that more than 50 of the clients she works with have been affected—some seeing their charges dropped and some, already convicted, being released from custody.

There is nothing quite as frightening as someone in a position of power abusing that power. While most police officers are hard working, good people, incidents like this one serve to do nothing more than increase the public’s mistrust of the police and increase the rift that often exists between law enforcement and the people.

When you are facing criminal charges, the last thing that should be on your mind is whether or not someone in the system is out to deprive you of your rights. Maybe no one planted evidence on you but it’s still okay to be leery of the system. When your future freedom is on the line, skepticism can serve you well.

Whether its drug charges or an assault case that you are facing, I can help. Knowing what you are up against and having someone on your side willing to fight for your rights is crucial in the satisfactory conclusion of your case. Call me today for a consultation on the charges against you.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.