Friday, February 8, 2013
NJ Forfeiture Requires Proof Defendant Used the Property in Furtherance of a Crime
In State v. $569,950 in US Currency, a confidential informant alleged defendant was involved in a drug transaction from which defendant received substantial funds and that defendant was in danger of being robbed of his funds. The New Jersey State Police used the information obtained from the caller as probable cause to search defendant's hotel room. The police seized the cash and defendant's tractor trailer which was parked outside. The evidence located by the police in the illegal search was suppressed by the Judge as a result of a suppression hearing and all the police were left with to prove their case was the fact that defendant was in possession of a large sum of cash. Defendant explained the manner in which he obtained large amounts of cash through his trucking business, why he did not have prior tax returns or other information and that he had the cash on hand as a result of his intent to purchase a trucking operation in NJ. The court ruled that, in light of the explanation for the cash, the State failed to meet its burden of proof and dismissed the complaint against defendant. If you are charged with robbery, burglary, theft, attempt or other criminal charges it is imperative that you discuss your matter with an experienced criminal defense attorney immediately to insure your rights are protected. For more information about robbery, burglary, theft , shoplifting, attempt or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.