Last month Governor Chris Christie signed legislation canceling the mandatory early release program that set inmates free after serving only a portion of their sentence. He stated that it took away the discretion of the parole board to determine who warranted an early release. More recently, Christie backtracked on a plan to send drug addicted inmates into residential treatment programs. All of these changes are quite possible spurred by fear of looking soft and losing political clout.

Across the country lawmakers are making major changes to their criminal justice policies and laws as people from both political parties recognize the old way of doing things simply isn’t working. Prisons are bursting at the seams and inmates are released only to return again. But in New Jersey this same progressive movement doesn’t seem to be taking hold.

According to NJ.com, one lawmaker admits that others don’t want to “take the political risk” of appearing soft on crime. Apparently they don’t think the general public has enough common sense to recognize good, effective criminal justice policies from those that have proven time and time again to perpetuate the problems of the system.

Senator Raymond Lesniak, a Democrat says, “Basically what they’ve told me is that any early release, as meritorious as this is, as helpful as this is in preventing recidivism, they don’t want to take the risk of anyone committing murders.” The end to the mandatory early release program was spurred by two released inmates who went on to commit murders, nevermind the fact that they would’ve likely done the same thing had they been released on a normal timeline.

The Christie Administration has mentioned they will be proposing a reentry program to help inmates find employment and stay out of prison. This would be a move in the right direction, though details are still unavailable.

Jeff Mellow of the John Jay College of Criminal Justice points out that appropriate housing, employment, education, and mental health counseling are just some of the things that can keep former inmates from reentering the system. These resources, plus the added supervision of a parole officer is what was thought to have made the former early release program effective.

Sometimes, even before someone is convicted of a crime, these resources can be used to lessen their sentence and improve their standings in the community.

If you are facing charges for a crime and are interested in avoiding prison time, there may be options available to you. Contact my offices today for a consultation on your case

The Weedman is back in New Jersey to challenge the states marijuana laws, and try to keep himself out of jail. He faces charges of possession of marijuana with intent to distribute, after a car stop in April 2010.

According to PhillyBurbs.com, Ed “NJWeedman” Forchion was recent in New Jersey Superior Court, hoping to get his case dismissed on an illegal search and seizure motion. He was stopped for allegedly drifting four feet through a red light, and a subsequent search lead to the 1 pound of marijuana in the trunk. the judge denied the motion to dismiss, so the case will move forward.

That decision was not unexpected, and Forchion is continuing the case, representing himself, and has a unique legal challenge. As we noted before, he believes he can sway a jury based on the existing New Jersey marijuana statute that reads that marijuana has “no medicinal value”. He believes this law is legally invalid, since last year, then Governor Corzine signed a medical marijuana law. That law has still not effectively been put into practice.

If convicted for possession with intent to distribute marijuana in New Jersey, Forchion faces up to 10 years in prison.

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Update: More on NJ marijuana charges.

In a wave of legislation crossing the country, New Jersey might be the next state to ban what’s commonly sold as “bath salts” but is described as some to be a synthetic drug more dangerous than methamphetamines. Both the state Senate and Assembly are drafting bills to make this ban a reality.

According to the Star Ledger there have been cases of suicide, self mutilation, and even murder related in recent months to the use of bath salts across the country.

Locally, a senior at Rutgers University is alleged to have been murdered by her mentally ill boyfriend who had been using the salts recently. The suspect’s mother has spoken out in recent days, not in defense of her son, rather to warn others about the dangers of these easily accessible substances.

Assembly Deputy Speaker John McKeon states, “The recent tragedy is deadly proof of the devastation that can be caused when dangerous drugs are masqueraded as bath salts and are openly available to the public, especially our youth who are the highest users of such hallucinogenic substances.”

The suspect in that particular case has now been charged with murder after the body of his girlfriend was found in his basement. According to his mother, he had battled bipolar disorder for years and had most recently been experiencing high levels of paranoia she attributed to his use of “bath salts”.

Experts, though no names are mentioned, state that these salts are highly dangerous. Though there is no clinical evidence, the experts claim they are far more dangerous than many controlled substances already banned by law.

The proposed legislation would make it a crime in the 3^rd degree to possess, manufacture, or distribute either of the two active chemical compounds found in the products. This means those found in violation of the law would face a potential 3 to 5 years in prison and $15,000 in fines.

Currently, “bath salts” can be found easily at convenience stores and “head shops”. The Star-Ledger reportedly found clerks willing to discuss which varieties were strongest when selling the substances.

A quick search on a news source reveals similar legislation being passed and proposed across the country, to go after so called synthetic drugs. Just this week, North Carolina lawmakers moved to ban bath salts and the synthetic marijuana K2 or “spice”.

These kind of substances are particularly alluring to young people. They offer a quick, cheap, and at least for now, a legal high. But if the dangers are real and not an anomaly, perhaps removing them from the shelves is a good idea.

This legislation, once drafted, is likely to pass. In the meantime, however, if you are caught in possession of any controlled substance, you need the assistance of a local criminal defense attorney. Contact my offices today to discuss the specifics of your case.

It isn’t so rare to hear of prescription drug charges in the local courts. From possessing a prescription drug that wasn’t lawfully prescribed to you to forging prescriptions, these offenses seem to becoming more and more prevalent. It is rare, however, that the drugs in question would be life saving drugs for a disease rather than drugs used to get a high or to achieve an altered state.

Just this week, however, a Fairview man admitted he and two others were engaged in trafficking of HIV medication, more than $2 million dollars worth. They were arrested when found in the process of removing labels from about 6,000 bottles in their apartment.

According to NorthJersey.com, the neighbors reported a noxious odor coming from the apartment. The odor was from lighter fluid being used to remove adhesive on the pill bottles–this despite the windows being covered with plastic and attempts at covering the smell.

The men were engaged in obtaining these drugs, prescribed to hundreds of different people, removing the labels and eventually shipping them to the Dominican Republic. It isn’t clear if the D.R. was the pills’ final destination or if perhaps traffickers there sent them on to additional destinations.

Usually criminal prescription drug charges involve narcotics and other addictive mind altering controlled substance. It’s unusual to see HIV medications being illegally trafficked, and quite sad actually.

Regardless, found dealing in illegal prescription drugs can lead to a prison sentence, fines, and forever being labeled a convicted felon. Typically, even possession of a relatively small amount of prescription drugs (not lawfully obtained) is considered a 3^rd degree indictable offense, punishable by up to 5 years in prison.

Sometimes, the means you use to get the prescription drugs in question can bring about another criminal charge altogether. Prescription drug fraud including forging prescriptions, stealing prescription pads, or altering a lawful prescription is an entirely separate offense.

The prescription drug trade is growing at a reportedly alarming rate. Highly addictive and often readily available, prescription drugs seem to be the new drug of choice for many. The response to such a trade is growing proportionately, with more and more cases of prescription drug crimes hitting the media.

If you are facing charges related to illegal prescription drugs in New Jersey, you could be facing years in prison. Contact me today for a free consultation on your case and to get assistance in understanding your options.

A recently released report is touting the success of the decade old New Jersey drug court system. Many have long thought helping drug offenders rather than simply locking them up was the key to reducing recidivism and the new Department of Corrections report seems to support this.

According to A Model for Success: A Report on New Jersey’s Adult Drug Courts, recidivism has fallen quite dramatically over the past ten years among drug offenders. A 2001 report showed a 54% re-arrest rate after leaving prison. Now, however, three years after graduation from a N.J. drug court only 16% of graduates have been rearrested.

The drug courts don’t just punish someone for violating the law, they help a drug offender gain control of their life and drug habit to ensure it doesn’t happen again. Drug courts aren’t a walk in the park and require real effort and commitment to sobriety by those who are fortunate enough to have their cases handled there.

Participants are closely monitored for compliance and kept within a tightly structured recovery process. The Courts utilize a combination of many resources and actors within the criminal justice system including the judge, defense attorney, probation officers, treatment professionals, and prosecutors all working together for the participant’s success rather than looking out for individual interests.

New Jersey drug offenders may qualify for drug court participation by being ordered to a period of special probation, or by being assessed as having drug or alcohol dependence and having no violent criminal history and posing no danger to the community.

In other words, not every drug crime will be heard in these courts. They are intense and structured but they are beneficial to those who qualify.

If you’re charged with an offense that involved a firearm, you won’t likely be seen in drug court. Likewise if you have a history of domestic violence or even a mutual fight on your record, you could be disqualified.

However, if you are facing drug charges and this is your first offense or you admit to having a problem and needing treatment, you may qualify for drug court. This isn’t just about paying for a crime, it’s about wanting to change your life.

Contact me today if you are facing drug charges and are interested in learning more or are curious about your eligibility. Even if you would rather serve your jail time and move on without going through drug courts—I can help.

As a criminal defense attorney, it’s my job to represent your interests. Contact me today to discuss your case.

Edward Forchion, known as “NJWeedman”, plead not guilty to charges of third-degree possession with the intent to distribute and fourth-degree possession of drug paraphernalia in Burlington County Superior Court.Forchion faces years in prison if convicted. The prosecutor has offered a deal of 6 years in prison, with 3 of those with no eligibility for parole.

According to Phillyburbs,  Forchion is free on bail, and intents to fight the case on Constitutional grounds that the legal code under which he is charge says that marijuana has “no medicinal value”.

Yet in January, outgoing governor Corzine signed a medical marijuana law in New Jersey.

He does not deny that he was in possession of one pound of marijuana when stopped by the police on April 1st, for running a red light.

Forchion is a longtime advocate and activist for marijuana legalization, and currently sells pot legally in California, as part of the Liberty Bell Temple, which he founded.

Last year, New Jersey officials collected about 9,500 pounds of medications—prescription and over the counter medications that may have otherwise been sold or used on the black market. This year they hope to surpass that weight with 400 New Jersey towns participating in the sweep.

This Saturday from 10 am to 2pm, drug stores, police stations, and libraries are among the organizations and businesses designated as drop off zones. Citizens are encouraged to bring in any expired or unwanted prescriptions and other medications at this time. The goal is to prevent illegal use of these drugs by people they weren’t intended for.

The availability of prescription drugs has contributed to their growing popularity among illicit drug users. From pain killers to anti anxiety medications, pills are more popular than ever and emergency rooms and police across the country are taking note.

Although Operation Medicine Cabinet was a success in New Jersey, this year the program is going nationwide in what the Drug Enforcement Agency is calling “The National Prescription Drug Take Back” campaign. All told 2,700 locations nationwide will be accepting the unwanted medications.

As this article from NJ.com points out, many kids first dabble in drugs by raiding their parents’ medicine cabinets. Although these drugs may originate from a legitimate, medical need they can quickly be converted for an illegal and dangerous high.

Not only that, but if you are caught in possession of a prescription medication that is not yours, you can be criminally charged. Because of the growing popularity of prescription drug abuse, both police and courts are cracking down on the practice.

Depending on the drug and how it is classified within the New Jersey penal code, you could spend years behind bars for just a possession charge. While that isn’t likely, it’s possible.

Luckily, if you face a drug possession charge in New Jersey and have an otherwise clean criminal record, you will have better chances of getting a favorable outcome in court. A defense attorney can help you figure out just what kind of consequences you’re facing for your criminal charge.

If you have prescription drugs you are not using, the best idea is to get rid of them. If, however, you are facing charges in regards to prescription drugs, the best idea is to talk to a defense attorney.

Call me today for a free consultation on your drug case. I can give you some valuable legal advice and help you make sense of your options.

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.

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.

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.