In State v. Ellis, the New Jersey Court considered the elements required for a first degree kingpin charge and found that enlisting 2 separate runners on 2 separate occasions to sell drugs to undercover officers did not make defendant a kingpin under the legislature's intent that the stature be applied narrowly and that it not pertain to every drug sale operation.
The elements for conviction under the kingpin statute are (1) defendant conspired with at least 2 others; (2) defendant exercised control over the others; (3) the conspiracy was for profit; and (4) the conspiracy included a scheme or operation of CDS distribution.
The existence of a drug-trafficking network must be proven by the prosecution by establishing that at least 3 individuals were working together and all 3 were aware that they were working together. The kingpin element must be proven by a showing that one of the 3 individuals exercised control over the other 2 individuals in the form of a "leadership" role.
Merely providing drugs to runners and instructing them as to when and where to distribute them is not evidence of control, but rather a simple transaction.
Remember that it is always the prosecution's burden to prove the elements of a crime charged. If you are charged with a crime you should immediately obtain an experienced criminal attorney to protect your rights. For more information on protecting your rights if charged with possession of CDS, theft, burglary, assault, domestic violence or other crimes in NJ visit HeatherDarlingLawyer.com
Friday, March 30, 2012
Cohabitation and Alimony Termination in NJ
In Clayton v. Clayton, the New Jersey Court recently held that in considering an application to reduce or terminate spousal support the Judge must make specific findings 1) that cohabitation exists and 2) that the financial support received from the cohabitant constitutes a change in circumstances sufficient to justify a downward modification or termination of alimony.
Further, the Judge must make specific findings to determine whether 1) the cohabitant's financial contribution to the household covers only his or her own monthly expenses, 2) whether the contribution also contributes to the supported former spouse's income or 3) whether the support paid by the obligor is being used to support both the former spouse and his or her cohabitant.
This is far from the understanding of most obligor spouses entering into Property Settlement Agreements which provide for the termination of alimony upon remarriage or cohabitation in a relationship akin to marriage. Whether you are entering into a Property Settlement Agreement or returning to court for a post-judgment modification or termination of support you should have an experienced family attorney at your side to ensure you have a full understanding of your legal matter. Payment of alimony to or from a former spouse is typically a contentious and sensitive matter having a very significant impact on the financial situation of both parties. A matrimonial lawyer will make sure your rights are protected. For more information on alimony, spousal support, divorce, child support, civil unions, child custody or other family law matters visit HeatherDarlingLawyer.com.
Further, the Judge must make specific findings to determine whether 1) the cohabitant's financial contribution to the household covers only his or her own monthly expenses, 2) whether the contribution also contributes to the supported former spouse's income or 3) whether the support paid by the obligor is being used to support both the former spouse and his or her cohabitant.
This is far from the understanding of most obligor spouses entering into Property Settlement Agreements which provide for the termination of alimony upon remarriage or cohabitation in a relationship akin to marriage. Whether you are entering into a Property Settlement Agreement or returning to court for a post-judgment modification or termination of support you should have an experienced family attorney at your side to ensure you have a full understanding of your legal matter. Payment of alimony to or from a former spouse is typically a contentious and sensitive matter having a very significant impact on the financial situation of both parties. A matrimonial lawyer will make sure your rights are protected. For more information on alimony, spousal support, divorce, child support, civil unions, child custody or other family law matters visit HeatherDarlingLawyer.com.
Friday, March 23, 2012
NJ Megan's Law Pleas
The effects of a plea guilty plea to sex offenses in New Jersey are serious and include a damaging criminal record and lifetime registry on the sex offender list, no matter what degree of charges or length of sentence result.
In making a plea to a sex crime, an accused must be notified of the full consequences of the plea. In the recent case of State v. S.C., an accused entered a guilty plea to sex offenses and was notified at sentencing he would be subject to Megan's Law and parole supervision for life. After sentencing, as a condition of parole, the accused was advised he would no longer be able to reside with his wife and child. The accused appealed and it was held that an accused entering into a plea subject to Megan's Law must be fully apprised of all possible consequences. Failure to notify the accused of the consequences is reversible based on ineffective assistance of counsel.
This shows further support on the part of the NJ courts to require full notice to defendants of the consequences of any plea. In Nunez-Valdiz, the court recently held that non citizens must receive notice of the possible effects of a plea on their immigration status. NJ Courts including Morris, Bergen, Sussex, Essex, Hudson, Passaic and Warren County Courts have implemented procedures to insure appropriate notice is given to defendants but the Judge is not your lawyer.
Taking a plea without knowing your rights is dangerous. If you are accused of a crime in New Jersey, you should obtain an attorney immediately to ensure your rights are protected. For more information on criminal matters in NJ visit HeatherDarlingLawyer.com
In making a plea to a sex crime, an accused must be notified of the full consequences of the plea. In the recent case of State v. S.C., an accused entered a guilty plea to sex offenses and was notified at sentencing he would be subject to Megan's Law and parole supervision for life. After sentencing, as a condition of parole, the accused was advised he would no longer be able to reside with his wife and child. The accused appealed and it was held that an accused entering into a plea subject to Megan's Law must be fully apprised of all possible consequences. Failure to notify the accused of the consequences is reversible based on ineffective assistance of counsel.
This shows further support on the part of the NJ courts to require full notice to defendants of the consequences of any plea. In Nunez-Valdiz, the court recently held that non citizens must receive notice of the possible effects of a plea on their immigration status. NJ Courts including Morris, Bergen, Sussex, Essex, Hudson, Passaic and Warren County Courts have implemented procedures to insure appropriate notice is given to defendants but the Judge is not your lawyer.
Taking a plea without knowing your rights is dangerous. If you are accused of a crime in New Jersey, you should obtain an attorney immediately to ensure your rights are protected. For more information on criminal matters in NJ visit HeatherDarlingLawyer.com
Wednesday, March 21, 2012
DUI/DWI- Refusal to submit to breath test in NJ
A driver operating a vehicle in Fairfield, Essex County, NJ was arrested for Driving Under the Influence. the police conducted standard field sobriety tests, which the driver was reported to have failed, and attempted to administer the breathylizer (this incident took place in 2004 prior use of the current Alcotest device). The Driver refused to submit to the chemical breath test and, following substantial testimony that the prescription medication she was taking could have had an effect on her ability to drive, was convicted for refusal to provide breath samples and sentenced to a 3 month loss of license accordingly. On appeal the driver argued that the standard statement read to her at the time of arrest did not adequately inform her of the automatic loss of license. The Court held that knowing the penalties associated with refusal to provide breath samples is an essential element of a refusal to submit conviction.
No one is above the law. A former Morris County Municipal Court Judge serving on the Municipal Courts of Dover, Rockaway and Victory Gardens admitted to driving drunk following an arrest in Roxbury. The former Judge was then arrested for a second DWI and charged with refusing a breathylizer test. The Sussex County Judge hearing the case in Sparta found the former Judge guilty.
DUI/DWI in New Jersey is not taken lightly and if you are arrested for these charges, or refusal to submit to a breath test, you should seek an experienced attorney to assist you in your defense. Selecting an attorney who knows your rights and is able to avoid a conviction based on mistakes by officers in their attempt to prove your guilt is the difference between keeping or losing your license, as well as a host of other problems that come with a DUI conviction in NJ. If you are charged with DUI or refusal to submit to the Alcotest contact an attorney immediately to protect your rights. For more information on Driving While Intoxicated in NJ visit HeatherDarlingLawyer.com.
No one is above the law. A former Morris County Municipal Court Judge serving on the Municipal Courts of Dover, Rockaway and Victory Gardens admitted to driving drunk following an arrest in Roxbury. The former Judge was then arrested for a second DWI and charged with refusing a breathylizer test. The Sussex County Judge hearing the case in Sparta found the former Judge guilty.
DUI/DWI in New Jersey is not taken lightly and if you are arrested for these charges, or refusal to submit to a breath test, you should seek an experienced attorney to assist you in your defense. Selecting an attorney who knows your rights and is able to avoid a conviction based on mistakes by officers in their attempt to prove your guilt is the difference between keeping or losing your license, as well as a host of other problems that come with a DUI conviction in NJ. If you are charged with DUI or refusal to submit to the Alcotest contact an attorney immediately to protect your rights. For more information on Driving While Intoxicated in NJ visit HeatherDarlingLawyer.com.
Friday, March 9, 2012
NJ DUI- Charged Without Officer Observation
In State v. Maclay the NJ Court held, when the only evidence of against the accused in a drunk driving case was driving or that the driving was erratic or unusual was from a 911 call, the accused has the right to view the 911 transcript and cross-examine the witness.
This decision offers opportunities for acquittal in NJ DUI/DWI matters. Often there is operation in front of an officer but in a case where operation is terminated prior to observation by an officer and the only observation of operation was by a witness not trained in DUI/DWI observation there is substantial opportunity for a good defense attorney to challenge what it was that witness actually observed. For example, erratic driving may be a result of texting while driving and, while illegal and dangerous, texting and driving certainly has no correlation to an under the influence charge. An experienced attorney will examine the facts and can tell you if the evidence used against you is admissible.
The Morris County Chief's Association operated numerous checkpoints in December 2011. Morristown, Teaneck, Newark, Orange, South Orange, Union City, Elmwood Park, Irvington, East Orange, Hopatcong, Parsippany have all set up sobriety checkpoints or publicized programs to crack down on DUI within the last few months. Strict criteria are established for such police activity but citizens observing erratic driving are not subject to the same criteria.
A DUI in Morris, Essex, Bergen, Passaic, Hudson, Sussex or Warren County will be taken seriously by the court and should be taken seriously by you. If you are charged with DUI/DWI in northern NJ you should consult an experienced attorney immediately to insure that your rights are protected. For more information on DUI/DWI in NJ visit HeatherDarlingLawyer.com
This decision offers opportunities for acquittal in NJ DUI/DWI matters. Often there is operation in front of an officer but in a case where operation is terminated prior to observation by an officer and the only observation of operation was by a witness not trained in DUI/DWI observation there is substantial opportunity for a good defense attorney to challenge what it was that witness actually observed. For example, erratic driving may be a result of texting while driving and, while illegal and dangerous, texting and driving certainly has no correlation to an under the influence charge. An experienced attorney will examine the facts and can tell you if the evidence used against you is admissible.
The Morris County Chief's Association operated numerous checkpoints in December 2011. Morristown, Teaneck, Newark, Orange, South Orange, Union City, Elmwood Park, Irvington, East Orange, Hopatcong, Parsippany have all set up sobriety checkpoints or publicized programs to crack down on DUI within the last few months. Strict criteria are established for such police activity but citizens observing erratic driving are not subject to the same criteria.
A DUI in Morris, Essex, Bergen, Passaic, Hudson, Sussex or Warren County will be taken seriously by the court and should be taken seriously by you. If you are charged with DUI/DWI in northern NJ you should consult an experienced attorney immediately to insure that your rights are protected. For more information on DUI/DWI in NJ visit HeatherDarlingLawyer.com
Thursday, March 8, 2012
Prescription Drug Abuse in NJ
New Jersey's new Attorney General has made it his mission to target prescription drug abuse. Two new units are being created to focus on prescription drug abuse, the Drug Division and Pharmacy Inspection Section. There will now be 52 investigators and a new Prescription Monitoring Program whereby pharmacies will provide law enforcement with information regarding sales of CDS and human growth hormones. There is now a website, including data collected from pharmacies since September 2011, permitting doctors and pharmacies to access data regarding patients.
The Prescription Monitoring Program will enable law enforcement to identify doctors and pharmacies that prescribe disproportionate amounts of CDS and human growth hormones (HGH), identify which geographic areas have an abnormally high levels of CDS and HGH prescription activity and other patterns of activity they wish to target.
The Morris County Sheriff's Office hosted the "American Medicine Chest Challenge" to raise awareness of prescription drug abuse. Morris County law enforcement officials have also cooperated in lengthy investigations of prescription painkiller rings spanning Bergen, Essex, Hudson and Passaic counties. Multiple fatalities in Essex County from Oxycodone led to the arrest of an Essex drug ring. A ring consisting of doctors, pharmacists and street level pushers in Hudson was arrested in connection with Percocet and Oxy-Contin sales. In Northern NJ, prescription drug abuse is being strictly monitored.
If you have been arrested for CDS in New Jersey you may be facing severe penalties with long-term consequences. To protect yourself and your future you should seek legal counsel to guide you through the matter with the least possible damage to your life and your future from the charges. For more information on CDS charges in NJ, visit HeatherDarlingLawyer.com.
The Prescription Monitoring Program will enable law enforcement to identify doctors and pharmacies that prescribe disproportionate amounts of CDS and human growth hormones (HGH), identify which geographic areas have an abnormally high levels of CDS and HGH prescription activity and other patterns of activity they wish to target.
The Morris County Sheriff's Office hosted the "American Medicine Chest Challenge" to raise awareness of prescription drug abuse. Morris County law enforcement officials have also cooperated in lengthy investigations of prescription painkiller rings spanning Bergen, Essex, Hudson and Passaic counties. Multiple fatalities in Essex County from Oxycodone led to the arrest of an Essex drug ring. A ring consisting of doctors, pharmacists and street level pushers in Hudson was arrested in connection with Percocet and Oxy-Contin sales. In Northern NJ, prescription drug abuse is being strictly monitored.
If you have been arrested for CDS in New Jersey you may be facing severe penalties with long-term consequences. To protect yourself and your future you should seek legal counsel to guide you through the matter with the least possible damage to your life and your future from the charges. For more information on CDS charges in NJ, visit HeatherDarlingLawyer.com.
Tuesday, March 6, 2012
Administrative Searches and Criminal Charges in NJ
Local ordinances in certain towns require property owners to permit town officials to perform "routine" administrative searches of their property without the need for a warrant. Certainly, one having substantial work done on the property and needing a permit would anticipate inspectors to be viewing the property, especially the areas in which work is being performed and other affected areas.
The Fourth Amendment bans warrantless searches and affords the people an expectation of privacy in their personal property. Barring certain limited exceptions, citizens have a right to refuse officials entry onto their property for an administrative search or, other reasons, and require the officials to seek a warrant to enter the premises. Requiring a warrant forces the official seeking entry to demonstrate to a Judge that there is a compelling public need for the official to enter the premises. If the official cannot articulate the need to the Judge offering compelling reasons, the warrant will be denied. Alternatively, if a warrant is granted without due balancing of the individual's right to privacy and the need of the public to obtain access, anything discovered during any ensuing search can be excluded from evidence in a proceeding against the property owner.
The towns of Garfield, Paterson, Clifton, Bound Brook, Newark have considered this issue in the Bergen, Passaic, Somerset and Essex Courts with mixed results.
Often the need for an administrative search is claimed in order to obtain entry into a building where criminal activity is suspected. Such searches are illegal fishing expeditions by law enforcement officials and a violation of the 4th amendment rights of the property owner or anyone with a reasonable expectation of privacy in the premises.
If you, or someone you know, have been the subject of an administrative search resulting in criminal charges you should seek an attorney immediately in order to protect your rights. An experienced criminal attorney will be able to review the facts and know whether the search met the exceptions to the warrant requirement or whether any warrants were properly issued. Criminal charges in New Jersey have an impact on your record, your finances and future opportunities. You should take advantage of every opportunity to protect your rights.
For more information on criminal charges in New Jersey visit HeatherDarlingLawyer.com.
The Fourth Amendment bans warrantless searches and affords the people an expectation of privacy in their personal property. Barring certain limited exceptions, citizens have a right to refuse officials entry onto their property for an administrative search or, other reasons, and require the officials to seek a warrant to enter the premises. Requiring a warrant forces the official seeking entry to demonstrate to a Judge that there is a compelling public need for the official to enter the premises. If the official cannot articulate the need to the Judge offering compelling reasons, the warrant will be denied. Alternatively, if a warrant is granted without due balancing of the individual's right to privacy and the need of the public to obtain access, anything discovered during any ensuing search can be excluded from evidence in a proceeding against the property owner.
The towns of Garfield, Paterson, Clifton, Bound Brook, Newark have considered this issue in the Bergen, Passaic, Somerset and Essex Courts with mixed results.
Often the need for an administrative search is claimed in order to obtain entry into a building where criminal activity is suspected. Such searches are illegal fishing expeditions by law enforcement officials and a violation of the 4th amendment rights of the property owner or anyone with a reasonable expectation of privacy in the premises.
If you, or someone you know, have been the subject of an administrative search resulting in criminal charges you should seek an attorney immediately in order to protect your rights. An experienced criminal attorney will be able to review the facts and know whether the search met the exceptions to the warrant requirement or whether any warrants were properly issued. Criminal charges in New Jersey have an impact on your record, your finances and future opportunities. You should take advantage of every opportunity to protect your rights.
For more information on criminal charges in New Jersey visit HeatherDarlingLawyer.com.
Monday, March 5, 2012
Development of a Criminal Defense in NJ
The New Jersey Rules of Criminal Procedure require automatic presentation, by the prosecutor to the defendant, of all information which would afford the defendant opportunity to present a complete defense. This information includes police reports, recordings of interviews with informants, witnesses, the accused and others, applications for search warrants, laboratory reports, description and photographs of evidence and any other information the prosecution used to develop their case against the accused.
Often reviewing this discovery in light of the prosecutions charges leads to the finding that discovery is not complete. Most often the defendant will not be provided with surveillance points of those claiming to observed defendant committing the crime or police records of the times and locations of patrol. This information can show that there is no way defendant or their actions could have been clearly observed by police or witnesses or that the police arrived based on the time of a confidential informant seeking a deal in their own case.
The defense of the accused is based on inconsistencies, gaps, inappropriate investigative tactics and other weaknesses in the state's case. Preparation of a strong defense requires a thorough investigation of all discovery provided, motions to exclude evidence obtained in violation of defendant's rights, the ability to recognize what information has not been provided by the prosecution and motions to the Court to obtain this information. Preparing a strong defense also requires visiting the scene of the crime to see what the police or witnesses could have seen, taking measurements, looking from the angles police or witness were looking from, viewing the evidence and obtaining experts to testify regarding the weaknesses of the prosecution's case. In preparing a defense the accused sees the strengths and weaknesses in the prosecution's case and can also make a better decision about whether to accept or deny a plea offer before or during the trial.
Those accused of a crime in NJ can be subject to a wide range of penalties including fines, probation, incarceration, loss of professional licenses or ability to own a gun and registration as a sex offender depending on the nature of the crime. Anyone accused of a crime in New Jersey should immediately obtain an attorney to prepare a defense. An experienced lawyer will immediately obtain discovery and begin to investigate all aspects of the prosecution's case in order to obtain the best possible outcome for the accused.
For more information on preparing a criminal defense visit HeatherDarlingLawyer.com.
Often reviewing this discovery in light of the prosecutions charges leads to the finding that discovery is not complete. Most often the defendant will not be provided with surveillance points of those claiming to observed defendant committing the crime or police records of the times and locations of patrol. This information can show that there is no way defendant or their actions could have been clearly observed by police or witnesses or that the police arrived based on the time of a confidential informant seeking a deal in their own case.
The defense of the accused is based on inconsistencies, gaps, inappropriate investigative tactics and other weaknesses in the state's case. Preparation of a strong defense requires a thorough investigation of all discovery provided, motions to exclude evidence obtained in violation of defendant's rights, the ability to recognize what information has not been provided by the prosecution and motions to the Court to obtain this information. Preparing a strong defense also requires visiting the scene of the crime to see what the police or witnesses could have seen, taking measurements, looking from the angles police or witness were looking from, viewing the evidence and obtaining experts to testify regarding the weaknesses of the prosecution's case. In preparing a defense the accused sees the strengths and weaknesses in the prosecution's case and can also make a better decision about whether to accept or deny a plea offer before or during the trial.
Those accused of a crime in NJ can be subject to a wide range of penalties including fines, probation, incarceration, loss of professional licenses or ability to own a gun and registration as a sex offender depending on the nature of the crime. Anyone accused of a crime in New Jersey should immediately obtain an attorney to prepare a defense. An experienced lawyer will immediately obtain discovery and begin to investigate all aspects of the prosecution's case in order to obtain the best possible outcome for the accused.
For more information on preparing a criminal defense visit HeatherDarlingLawyer.com.
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