Fleeing the Police Does Not Always Give Probable Cause to Arrest in NJ

The police must have probable cause to stop and search without a warrant. A man exited a residence which was under surveillance by Newark police detectives investigating a shooting. Detectives watched the man stand on the porch until another man, the co-defendant, approached. The defendant stepped off the porch to speak with the co-defendant and co-defendant showed him what appeared to be a gun. Defendant looked at the object but never held or possessed the object. When the detectives approached, the defendant ran back onto the residence with a detective in pursuit. The detective tackled defendant into the residence as he was entering the door and saw weapons in plain view. The detective observed a shotgun, 3 long rifles and a stock of ammunition. Defendant was charged with illegal possession of the weapons and made a motion to suppress the guns at trial. In a case relating to probable cause to stop and search without a warrant, the NJ appellate court reaffirmed the prior decision, in Illinois v. Wardlow, setting forth the premise that flight alone cannot be used to justify stopping those who flee the police. The Court must look at the overall circumstances to determine whether the police could have had reasonable suspicion that the defendant was involved in criminal activity. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are facing criminal charges as a result of a wrongful arrest or illegally obtained evidence and believe you may be entitled to suppression of the confession, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on probable cause, reasonable suspicion or other criminal law or municipal court issues in New Jersey visit HeatherDarlingLawyer.com.

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.

State Must Prove Operation of Vehicle to Win DUI Case in NJ

In NJ, courts have the discretion to broadly construe "operation" of a motor vehicle to include intent to drive while intoxicated. Intent to drive while under the influence has been proven by as little as sitting in a vehicle with the keys in your possession. There is not a true "motion" requirement for the vehicle and the arresting officer need not witness operation. However, no matter how amorphous the definition of "operation" may be, the fact remains that the prosecution bears the burden of proving the defendant was impaired, had the means to operate a vehicle in very close proximity and the intent to operate said vehicle while still under the influence of drugs or alcohol. A DWI in New Jersey carries serious consequences. If you are charged with driving under the influence of alcohol, illegal drugs such as heroin, cocaine, marijuana or ecstasy or prescription drugs such as oxycontin, percocet, roxycottin, valium or other drugs which may hinder your ability to drive, even if you have a prescription for them, you should consult an experienced DUI attorney immediately in order to ensure your rights are protected. Before conceding guilt, your matter should be fully reviewed by an experienced attorney to prevent you from being convicted when the state does not have adequate evidence to prove it's case. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are charged with a crime, you should consult an experienced DUI attorney immediately in order to protect your rights. For more information on driving while intoxicated, driving under the influence, controlled dangerous substances (CDS) in a motor vehicle or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.