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.

When Juveniles May Be Tried As Adults in NJ

Most NJ juvenile matters are under the jurisdiction of the Family Court. Upon satisfaction of the probable cause standard, prosecutors can obtain waiver of juveniles 14 or older to adult court if the juveniles commit certain enumerated crimes. In the case of juveniles ages 16 and 17, there is no right to present evidence of a reasonable prospect of rehabilitation outweighing the reasons supporting waiver to an adult trial. In a recent case in which juveniles seeking revenge were charged with murder, aggravated assault, conspiracy and attempted murder were fighting transfer from the Family Part to adult court, probable cause under the waiver statute was re-affirmed by the court as "a well-grounded suspicion or belief that the juvenile committed the alleged crime. " The court further held that if the state presents evidence, with reasonable inferences, that leads to a well-grounded suspicion that the juvenile committed one of the enumerated crimes then the probable cause for waiver standard is satisfied and the juvenile's matter may be transferred to an adult trial. Juvenile matters are extremely sensitive in nature as they may result in a criminal record which destroys the hope of certain educational and employment opportunities for the remainder of the juvenile's life. If your son or daughter is facing criminal charges, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on juvenile criminal matters including municipal court 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.