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.

Right to Refuse Consent to Search in NJ

When law enforcement officers want to undertake a search, absent exigent circumstances (learn more about exigent circumstances by visiting HeatherDarlingLawyer.com), they are required to obtain a warrant or obtain consent of an individual who has authority over the place or item to be searched. If you are confronted by law enforcement officers, you have a right to refuse consent to search. More importantly, the officers are required to advise you very clearly of your right to refuse consent. The officers should make sure you have enough of an understanding of that right to make a decision as to whether you wish to provide consent or not. In the event officers have the opportunity to advise you of your right to refuse consent but do not do so before you offer consent and a search is undertaken of your property, any evidence discovered through the search may be suppressed. Furthermore, at all times during a search in which you have provided consent, you must be present and aware of your right to stop the search at any time. In order for a consent search to be valid, the officers conducting the search must 1) advise you of your right to refuse consent; 2) insure you are able to watch them conduct the search; 3) make you aware of your right to stop the search at any time; and 4) stop the search immediately in the event you withdraw consent. 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 face criminal charges and believe you were subject to an illegal search, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on consent searches, search and seizure, illegal search, warrantless search, domestic violence, anonymous tips or other criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com.

Possible Expansion of DNA Collection in NJ

If pending bill, S-436, becomes law, DNA collection will be expanded from those convicted of, or pleading guilty to indictable offenses. The new law would permit the collection of DNA to those convicted of disorderly persons offenses or found not guilty by reason of insanity. This means that those convicted, or entering guilty pleas, in Municipal Court would be required to provide a DNA sample. The law would also apply to juvenile offenders. This will greatly expand the DNA database and could have serious implications on members of society who have been labeled, by virtue of having a record from a low level municipal offense, as offenders of our laws. Minor offenders may be incriminated for future crimes by virtue of their DNA being found in an area they frequent for lawful purposes. 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, even if you believe it to be a minor municipal offense, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on criminal law or municipal court matters in New Jersey visit HeatherDarlingLawyer.com.