New Jersey Criminal Lawyer Blog

A defendant who pleaded guilty to assault, and charged with drunken driving, drug possession among other things, fled his home state recently. But according to a report, he virtually turned himself in using Facebook. He was living in a nearby state since the fall, and has been wanted by police for failure to appear at his sentencing. Perhaps he didn't realize that police use the Internet too. The tech-savvy police posted a thank-you note too, for the defendant's diligent status posts, which led them to his whereabouts.

A 17 year-old girl pleaded guilty to misdemeanor driving while intoxicated and criminally negligent homicide connected to a car crash that killed her boyfriend. She was driving drunk in the middle of the night, and crashed her car into a brick pole. She had a blood alcohol level of .13 % and was driving 56 m.p.h. in a 30 m.p.h. zone. Basically, she got behind the wheel of a car while drunk, and should have known that doing so could easily kill someone. Every state, including New Jersey, has its own requirements, definitions and terms for driving while under the influence of drugs or alcohol and the crimes that stem from that action. As always, it is crucial to consult an attorney well versed in those laws.

The Judge denied her youthful offender status and imposed a 6-month jail sentence reportedly because he had seen a picture she posted of herself on Facebook. The photograph was taken of her one month after the crash, and she posted it captioned "drunk in Florida." She could have gotten as much as 4 years in state prison, but the Judge reportedly felt forced to consider her young age and clear history.

Her drivers license is revoked, and following her jail sentence, she will be under electronic home monitoring for one year and on probation for five, during which she is not allowed to drink under its terms.

A judge wants to see a remorseful defendant regardless of the crimes he or she has been charged with or found guilty of, and evidence to the contrary is extremely damaging. The Judge is free to consider all factors that have any arguable relevance. Every defendant should keep in mind that the Judge wants to see that his or her encounter with the criminal justice system has taught a lesson and changed his or her behavior for the better. The Internet has created a new environment in which to evaluate a defendant's behavior, and it is completely public. There is a new way we are all being held accountable for our behavior, and the legal profession is aware, that is nothing new. The consequences can clearly be harsh, and it is yet another lesson young adults have to learn.

Arrested on drunken and careless driving charges, NFL linebacker Rey Maualuga reportedly hit a parking meter and two cars after a traffic accident was called in to local police. Apparently, after police were notified of the incident, the officers were able to conclude that Maualuga was driving the Pontiac that had hit the parked cars and meter. There were two female passengers with him who were released and not charged.

According to reports, he had a blood alcohol content of .157, admitted to having six drinks, and failed field sobriety tests. He had bloodshot eyes, slurred speech and was visibly unsteady. His first arrest was in 2005 on charges of misdemeanor battery, after he got in a fight at a party as a college freshman. Upon agreeing to community service, counseling and attending Alcoholics Anonymous meetings, the charges were dismissed.

It is unclear how police connected the football player to the car after the fact. This continues a trend of Cincinnati Bengals players that have been arrested in past years. Under New Jersey law, even if the police do not see the accident in progress, police can arrest someone after the fact if the officer can trace the car to the driver, and the driver is intoxicated. In this case it appears that happened and Maualuga was visibly intoxicated so he was charged. An experienced, skilled attorney can analyze the circumstances of a case like this to determine how to best defend against these types of subsequent charges.

Chris Terry was charged with a DUI, a class A felony dealing cocaine, a class C felony drug possession, resisting arrest, possession of a handgun without a permit and driving with a suspended license, in Clarksville, Indiana. Another man and woman were also in the car, in the man's pocket was $1,200.00 and near him was a large amount of cocaine. They were arrested for similar charges, including public intoxication. The arrest was made at a traffic stop early Wednesday morning when a police officer witnessed him driving erratically. Under Terry's his seat was a loaded handgun and in the cup holder next to him was some cocaine. Add to these elements that Terry is 6'5" and 295 pounds and that he allegedly refused to follow police instruction, this could certainly present a very dangerous set of circumstances. Terry is currently being held without bond.

Charges of DUI, drug possession, dealing, possession of a loaded weapon without a permit, resisting arrest and public intoxication carry serious penalties in every state, including New Jersey. This is quite a fall from Terry's football days. He attended the University of Georgia, and played for the Carolina Panthers, the Seattle Seahawks, and most recently, the Kansas City Chiefs in 2006 and 2007. It was reported that the Chiefs cut him for being absent from team meetings in 2007. The NFL suspended him from the 2008 season for substance abuse, after already having been suspended in 2003 drugs and a domestic dispute. Domestic violence and drugs are a common pair, and they should be taken very seriously.

In New Jersey, cocaine is considered a "Controlled Dangerous Substance," or CDS. As one example, this felony possession charge could lead to up to 5 years in jail and remain on your record permanently. If it is your first offense, you could be eligible for the Pretrial Intervention program, which can lead to a dismissal of charges after 1 year. One way to defend against charges of this nature is to question the method of the police search and seizure, or how the cocaine was discovered. The specific facts of the arrest are crucial in determining the best legal course of action.

If you have been involved in domestic violence, or charged with DUI, drug possession charges, weapons charges, or any of these crimes, it is crucial that you call an attorney immediately. Experienced attorneys can be reached at Chamlin, Rosen, Uliano and Witherington.

Braylon Edwards has had the rest of this week to practice with a clear mind for this Sunday's highly anticipated AFC Championship game. The Jets wide receiver, originally out of the University of Michigan, does not have to worry about jail time - what a relief! Though he did have to miss practice to appear in Court in Cleveland, Ohio on Tuesday to plead no-contest in person to misdemeanor aggravated disorderly conduct charges, he returned promptly to focus on preparation with his teammates.

The incident that led to these charges, of course, was punching a pal of fellow professional athlete, NBA Cavalier LeBron James, outside of a nightclub, while he was still a Cleveland Brown. He became a New York Jet player two days later. Judge Michelle Earley ruled that Edwards receive a $1000.00 fine, a 180-day suspended jail sentence, and that he be placed on inactive probation, meaning that he is not required to appear before a probation officer. Thankfully, his criminal record is otherwise clear, and though NFL Commissioner Roger Goodell could suspend him, an additional fine from the NFL is more likely disciplinary action.

In general, disorderly conduct charges usually provoke some sort of social disturbance, like fighting, public drunkenness, loitering, using loud and offensive language publicly, or somehow disturbing the peace. While in and of itself, disorderly conduct is not widely considered very serious, depending upon the circumstances and degree, jail time, community service and fines are all possible outcomes. Further, a disorderly conduct conviction could jeopardize your results if charged with any subsequent crimes.

Misdemeanors are usually low levels of crime convictions that carry less severe punishments, though jail time and heavy fines are certainly among the penalties. Misdemeanor charges are often included with more significant felony charges as a prosecutorial strategy. The facts and surrounding circumstances of your case determine what the prosecutor will charge and whether or not you may be convicted of a lesser charge or not.

Edwards initially pleaded "Not Guilty" and then changed his plea to "No Contest." In New Jersey, you may plead "Guilty," "Not Guilty," "No Contest" or "Mute" plea. Edwards, by doing so, acknowledged the charge but avoided admitting any guilt of the accused charge. There are pros and cons to each plea, depending upon the facts and circumstances of the accused, that may have a long term impact on your criminal record as well as your vulnerability to civil litigation.

Edwards is lucky in that his record is otherwise clean and it bodes well if in fact he wants to stay with the Jets. If you find yourself facing any charges like these, contact Chamlin, Rosen, Uliano & Witherington to ensure you go into Court prepared with the best legal representation possible.

Marijuana Laws Could Change in New Jersey

On Monday, the chronically or terminally ill in New Jersey came a step closer to finding relief in cannabis, legally anyway, with medical marijuana. Outgoing Governor Corzine stated that he would sign the bill approved by the legislature before he left office. Soon-to-be Governor Christie has given his support to the bill publicly, though he had a concern for loopholes that may be exploited for the purposes of drug abuse. The federal government, according to what Attorney General Eric Holder has been reported as stating, would not prosecute those who are abiding by medical marijuana laws of the state.

The requirements for New Jersey's version of the medical marijuana law is strict, including that patients have chronic pain, wasting syndrome, or 12 months or less to live if a physician determines that the illness is terminal. In addition, only specific illnesses or debilitating medical conditions qualify, including AIDS, multiple sclerosis and certain kinds of cancer. Patients with the selected diseases would be given an identification card permitting them to obtain 2 ounces of marijuana each month from dispensaries sanctioned by the state.

Marijuana legalization on the whole is no closer to reality, however. The current marijuana laws, presumably, would remain in place. While the lowest marijuana law is a disorderly persons offense, possession of less than 50 grams or merely being under the influence of marijuana is punishable by up to 6 months jail time and a $1,000.00 fine. If you are found to have more than 50 grams, that increases to 18 months and a $25,000.00 fine. Possession of paraphernalia alone can get you 6 months and $1,000.00. Distribution of less than one ounce can put you in jail for 18 months as well, and paying a $10,000.00 fine, while more than one ounce increases the jail time to 3 to 5 years and a $25,000.00 fine. If distribution within 1000 feet of a school bus or school property, or near public housing, public park or public building, or sale to a minor or pregnant woman is proven, these factors will significantly increase penalties and make some incarceration and fines mandatory.

Make no mistake: For the foreseeable future, marijuana is far from being legalized, outside of a narrow medical purpose. Be sure to know your rights.

If you have been arrested for any drug related offense, or have questions regarding this area of the law, call Chamlin, Rosen, Uliano & Witherington for a consultation right away.

Leandra's Law, or the Child Passenger Protection Act, has helped New York make a political statement publicizing the terrible toll paid when drunk drivers have children in the car. Leandra Rosado was killed in October when Carmen Huertas was drunk driving young girls to a slumber party and the car flipped and Leandra was thrown from the vehicle. The law makes a first offense drunk driving with minors under age 16 a felony, with penalties of up to four years in prison and fines up to $5,000.00. A driver convicted under Leandra's Law is reported to the Statewide Central Registry of Child Abuse and Maltreatment and is required to use the mandatory ignition interlock system as well.

While New Jersey does not have a Leandra's Law, a driver who is drunk or under the influence of any drug that can alter one's ability to operate a vehicle and has minor passengers can be charged with additional crimes, including endangering the welfare of a minor, a disorderly persons offense, in addition to the motor vehicle offense of DWI, for which no jury trial is permitted. No plea bargaining is allowed, though each charge must be proven in court, and the conviction on your record is permanent. Once convicted, drunk drivers of children will receive more jail time than those who did not drunk drive with children in the car.

If you find yourself in this position, it is important that you contact an attorney immediately. For more information, see the attorneys at Chamlin, Rosen, Uliano & Witherington, who can help assess the details associated with your case.

Tiger is lucky. Another professional athlete's domestic dispute has led to another motor vehicle accident, but the result is far more tragic than loss of sponsorships. Cincinnati Bengals wide receiver Chris Henry died today from injuries sustained by falling from a pick up truck, allegedly driven by his fiancée and mother of two of his children. Police will not say whether he fell out or was forced out of the vehicle, but homicide detectives have been assigned to the case and fiancée Loleini Tonga was driving the vehicle.

At age 26, Henry had a history of arrests, including gun, marijuana possession, and assault charges. The Bengals gave him a break after a rough career at West Virginia under then Coach Rich Rodriguez. At his worst, he was called "an embarrassment to himself and the program," and "a one-man crime wave." He had been suspended by the NFL three times, released and then resigned for another chance to "regroup, catch himself, and re-start his life." Recently, despite being plagued by injuries including a dislocated forearm, he was turning things around. Those around him were both proud and hopeful, saying that "When you see him up close, you'll find that you'll like him," that he "has done everything he can to make himself a better person" and is "a great kid with a great heart."

One doesn't have to dig deep to find a cautionary tale for college athletes, for those embroiled in domestic disputes (Steve McNair's death is also tied to trouble with a mistress girlfriend), for those involved with drugs on any level, and even for dangerous driving (how often do people get behind the wheel when they are upset or following a heated argument).

The legal penalties for all of this behavior quickly pile up, and can have a seriously negative impact on your life, whether you are an athlete or not. Costly fines, loss of drivers license, jail time and mandated community service and treatment programs are all possibilities, depending upon you are caught on a first, second or third offense, or the particular circumstances surrounding the incident. It is too bad that successful athletes who make the most of the opportunities that come their way, and who manage to make good choices do not make the headlines.

DUI charges are always a big risk for college level student athletes. Unfortunately, University of Florida defensive end Carlos Dunlap made a really big mistake at a really bad time. With the Southeastern Conference Championship game against Alabama looming in just days, a police officer found the 20-year-old Dunlap asleep at the wheel at 3:25 early Tuesday, December 1st, 2009 while he was searching for a reported reckless driver in the area. The defensive MVP of the Bowl Championship Series national title game had difficulty performing the field sobriety test and refused a breath test. He was arrested and released six hours later without bond, having no prior offenses or failures to appear in court.

Dunlap, who has started every game this season but will not play Saturday, was apparently drinking under age, a common college campus occurrence, like it or not. He then chose to get behind the wheel of a car. He is yet another example of what not to do, as if any further examples were needed. A poor decision can be made by a "good kid" from a "good family," or by someone who has lacked the guidance and role models around him or her - the risks are the same in either case. The consequences of his actions are severe for his athletic career, but he is lucky he (and perhaps his team) is the only one paying for his mistake, as thankfully there was no collision and no one was hurt.

In New Jersey, DUI convictions carry heavy mandatory penalties including loss of license for a minimum of 3-12 months, prison for up to 30 days, fines and fees of up to $3,800.00 as well as 12-48 hours of community service. Failure to pay these fines could result in property liens and wage garnishment. If the driver is under 21 years of age, as Dunlap, there are additional fines, required participation in alcohol education and highway safety programs and more community service.

If you are arrested for DUI in New Jersey, you cannot refuse a breathalizer test like Dunlap did, because consenting to it is a condition of getting your drivers license. If you insist on refusing, you will lose your license, the police will detain you and bring you to a hospital where blood may be drawn.

If you have questions about New Jersey DUI law or how to handle these charges, the attorneys at Chamlin, Rosen, Uliano & Witherington can help.

In Somerville, Hunterdon County, NJ, former NBA star Jayson Williams was told by a judge that his defense attorney was unable to prove that any racial bias on the part of a county investigator constituted prosecutorial misconduct during his first trial back in 2004. Further, Williams' motion to overturn his conviction of tampering with evidence and witnesses to cover up his shooting of a limo driver in his own house with his own gun was denied. In order to make even the suspicion of racial bias a non-issue, state Attorney General's office has granted Hunterdon County Prosecutor J. Patrick Barnes's request and will be taking over the case.

New Jersey Criminal Lawyer Blog's Take: Apparently, evidence that a Captain William Hunt uttered the "n-word" during the course of the investigation was not enough to taint the evidence which showed that, upon the course of a house tour of his residence, Jayson Williams shot the driver-guest with his own shotgun, then wiped off his fingerprints, placed the gun in the driver's hand, directed his brother to lie to 911 operators about the shooting, change clothes giving his old clothes to a guest to hide, jump in the pool to wash off, and order all guests to lie that they were downstairs when they heard the gunshot. It seems that the Captain's second "wrong" does not make Williams' first "wrongs" right.

Jayson Williams was hoping that his retrial for "reckless manslaughter" scheduled for January, 2010 would be dismissed due to the offensive utterance, theorizing that that word was evidence of prosecutorial misconduct motivated by racial bias, that would call into question all the evidence produced by that investigation. Williams also hoped that his conviction on the cover-up charges would be dismissed on the same theory. For some reason, three years had passed before the Judge received a letter from the Hunterdon County prosecutor notifying him of the use of this racial epithet by a county investigator.

So a jury did not believe that on February 13th, 2002 following a night out to see the Harlem Globetrotters and dinner, Williams acted in a way that demonstrated "extreme indifference to the value of human life," but that he should be retried to determine whether or not he "disregarded a substantial and unjustifiable risk of death," for which Williams could serve 10 years in prison. The evidence that the jury heard was not tainted by a racially biased investigation, and the fact that the jury could not decide on one count with the evidence presented is sufficient to warrant a retrial.

It is too bad his former teammates, now Globetrotters, Chris Morris and Benoit Benjamin, Curly "Boo" Johnson and Paul "Showtime" Gaffney, among other guests on Williams' house tour didn't bring more reason to the situation. It is impossible to foresee the array of crimes that a defendant may be charged with due to incorporated lesser charges.

Chargers Linebacker Shawne Merriman was arrested over Labor Day weekend for alleged assault and false imprisonment of Tila Tequila (real name: Tila Nguyen). Tequila best known for her MTV show "A Shot at Love," claims that Merriman restrained her and refused to let her leave his home. Merriman claims that he was merely attempting to prevent an intoxicated Tequila from driving an automobile.

New Jersey Criminal Lawyer Blog's Take: First, it should be noted that Tequila has signed a citizen's complaint against Merriman, but Merriman has not been charged by local law enforcement. At this stage the police are still investigating the matter. As for the charges it can be helpful to explain basic definitions. Assault means unwanted physical touching, it can be anything from striking a person with a closed fist to grabbing someone's arm to restrain them. Furthermore, there does not have to be any injury for an assault to take place. Many people get confused that assault has a higher threshold such as kicks and punches that leave bruises, but that is not the case.

False imprisonment sounds harsh as well. If one locked someone in the basement for days, most people would agree that is a clear example of false imprisonment. In this matter, it is alleged that Merriman refused to let Tequila leave his residence. That is actually enough to sign a complaint for false imprisionment. All one has to do is prevent someone from leaving. It can be as simple as pushing a door closed as the person attempts to leave the room.

Here, Merriman was arrested because once law enforcment arrived on the scene he was going to be taken into custody while they sorted out the case. Merriman promptly called his attorney and he was released while the matter is under investigation. Eventually, someone in the Sherrif's Department will make a decision on whether to formally charge Merriman. If they decline to charge the San Diego sackmaster, Ms. Tequila will be left with only potential civil remedies against Merriman.

Abuse probe continues - San Diego Union Tribune

According to a new study issued by the National Highway Traffic Safety Administration and data from the FBI, Driving Under the Influence citations have increased by nearly 30 percent among females over a 10-year period from 1998 to 2007. These stats are considered "disturbing" by the Transportation Board.

New Jersey Criminal Lawyer Blog's Take: As many are aware there have been national campaigns to raise awareness about the serious consequences of drunk driving. It is important to remember that in New Jersey the blood alcohol content is 0.08. Anything above that level is considered drunk driving in the eyes of New Jersey law. This study shows that more women are getting caught than in previous years. It is important to remember this fact when having social drinks prior to operating a motor vehicle. This study is a good heads up to all women out there that even a couple glasses of wine with dinner could result in an unfortunate DUI.

Feds: Spike in Female DUIs - CBS News 8/19/09

An update from a previous entry, Los Angeles Police have now charged Ryan Jenkins with the murder of his wife, Jasmine Fiore. Apparently, police were able to gather enough evidence to show that Mr. Jenkins was responsible.

Also, it appears doubtful that Jenkins retained a lawyer as he has escaped to Canada. If he is appreheneded in Canada, he can only be extradited to the United States if he would not face the death penalty.

New Jersey Criminal Lawyer Blog's Take: This is a sad turn, but it appears Jenkins has decided to take his chances on the run. This will be an interesting situation to see if Jenkins is caught in Canada or if he is seeking to escape to another country which will not extradite him to the U.S.

There is no legal strategy discussion left in this matter, it really just comes down to when and where the authorities capture Jenkins.

Megan Wants a Millionaire Star wanted for Murder - Times Online 8/21/09

University of Alabama football player, Courtney Upshaw, 19, and his girlfriend, Kendall Lynn Grzyb, 19, were arrested yesterday following a verbal altercation that turned physical.

A University of Alabama police officer arrested the couple after Upshaw allegedly became physical with Grzyb. According to reports, Grzyb and Upshaw had a verbal altercation at which point Grzyb walked away. Upshaw chased after her and according to the police report,

Grzyb escaped Upshaw's clutches and attempted to strike him, but at this point the police officer intervened. Both parties were arrested and Upshaw was charged with misdemeanor domestic violence and harassment.

An interesting note to this story is the fact that Grzyb's father, Dave Grzyb, indicated that the matter was a "simple lover's quarrel altercation." Further, Mr. Grzyb felt that the situation was initated by his daughter and he believed Upshaw had not laid on a hand on her.

New Jersey Criminal Lawyer Blog's Take: This is an interesting "lover's quarrel" as Dave Grzyb called it. First, we have the father taking the side of the football player over that of his own daughter. Naturally, this information is in contrast to the police report.

For purposes of this discussion, let's assume that Dave Grzyb is correct and this was really nothing but a lover's quarrel with no one injured and both parties refusing to press charges. The problem these individuals have is that a police officer observed their conduct. Further, the police officer has already memorialized his eyewitness account in a police report. This is a good lesson on why people should be aware of their actions. At the end of the day, it is most likely that neither party will face any serious convictions as a result of this incident. However, both parties will expend time and money as this proceeds through the system.

This is the classic example of how some people forget they live in the real world. You cannot engage in this type of behavior without consquences. This incident probably would not have been reported, but for the fact that police officer observed it. A good rule to apply is the same one we all learned in kindergarten: "keep your hands to yourself," and one can avoid the mess that these two University of Alabama students found themselves in.

Police Account says Upshaw grabbed Gryzb - Bama Beat

Father of girl involved in altercation: "I don't think he laid a hand on her." - Bama Beat

Tide Linebacker Courtney Upshaw and girlfriend arrested - Tide Source

Chicago Blackhawk Patrick Kane's summer vacation took a twist when he was arrested and charged with robbery and other counts following an altercation with a cabbie. Kane, 20, and his cousin James Kane, 21, were taken into custody early Sunday morning on August 9, 2009. The pair allegedly punched a cab driver and took their $15 fare from him after he did not have the 20 cent change for their cab ride.

Apparently, the cab driver suffered cuts to his face and his glasses were damaged in the tussle. Both Kanes were charged with felony robbery and misdemeanor counts of theft of services and criminal mischief.

Patrick Kane plays for the Chicago Blackhawks and was the #1 overall draft pick in the 2007 NHL draft.

New Jersey Criminal Lawyer Blog's Take: This is a classic example of a "stupid mistake." Kane and his cousin will have to show that they are contrite. The most important thing for them is what happens with the felony charge. They have been very fortunate to have avoided indictment on the most serious of the charges. They will both probably face steep fines and other potential sanctions, but the threat of any serious jail time has passed.

Once this matter reaches its conclusion, Patrick Kane will face the task of rehabbing his public image because there is not much sympathy for a professional athlete roughing up a taxi cab driver in the middle of the night.

Blackhawks F Kane arrested - ESPN 8/9/09

Grand jury dismissed felony robbery charge - ESPN 8/19/09