New Jersey Criminal Lawyer Blog

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

Jasmine Fiore, 28, a former swimsuit model beauty, was found dead on Saturday, August 15, 2009 in Los Angeles. Her body was found strangled left in a suitcase in Buena Park, CA. Later that day, her husband Ryan Alexander Jenkins, 32, reported her missing and subsequently, Mr. Jenkins has gone missing as well. Jenkins was a former contestant on VH1's dating reality show "Megan wants a Millionaire."

Police said that Fiore was last seen alive on Friday night at her Los Angeles home. She and Jenkins were planning on attending a poker party in San Diego that evening. Police have stated that Jenkins is a "person of interest" in the investigation. Moreover, Police believe the Canadian citizen may be headed north to Canada in Fiore's 2007 Mercedes CL S550. Border authorities have been notified.

New Jersey Criminal Lawyer Blog's Take: When someone is called a "person of interest," it means the Police want to talk with this person and obtain a formal statement. Depending on the results of the statement, a person such as Jenkins in this case could be charged with the crime. The reason he is not a suspect at this time is probably because police are still investigating the crime.

There is a report from TMZ.com that says Jenkins publicist said that "Ryan is currently speaking to his attorney and will fully cooperate with the police in this matter. He is planning on meeting with them in the near future." This would be the logically step if Ryan has sought legal representation. However, the fact that he cannot be located does make one wonder if something else is going on in this matter.

It can be common for people to assume that someone is "hiding" something if one seeks an attorney at this stage. Actually, hiring legal counsel is the prudent move. The attorney should let the police department know that the person has hired legal counsel. Therefore, any communication between the "person of interest" and the police will be handled through the attorney's law office. The attorney will then let the police gather their facts and then determine whether his client is going to give a formal statement. If the client rushed to give a formal statement it could allow the police to confuse the person and get answers the police want rather than objectively conducting an investigation.

In this instance, the issue is the fact that Jenkins has disappeared altogether. Besides, the poor impression it makes it could create a bigger problem when he is eventually caught. If the TMZ.com report is accurate and he has retained a lawyer, the first thing his attorney should advise him is that he should return to the area. Although, they may hold off on a formal statement at this time; nonetheless, the police know where Jenkins is located when the time comes to question him about Fiore's death.

Reality Show finalist sought in Swimsuit model's murder - Fox News 8/19/09

VH1 Reality Show Contestant sought - ABC News 8/19/09

New York Knicks guard Nate Robinson is known for thrilling drives to the hoop on the court; however, off the court it appears he shouldn't be driving anything. Robinson's driver's license was suspended for the 5th time this June stemming from an outstanding summons. Yesterday, Robinson was arrested for driving with a suspended license. Robinson was allegedly pulled over for failure to wear a seat belt at which time the pint-sized dunk champion was discovered to be operating his vehicle without a valid driver's license.

New Jersey Criminal Lawyer Blog's Take: This occured in the State of New York, so their laws naturally govern this situation. In New Jersey, Robinson would be looking at a stiff fine for a first offense, but could face jail time with a second offense. Additionally, his license suspension will most likely be extended. This is no laughing matter despite the fact that Robinson was "tweeting" on his Twitter page during the motor vehicle stop. As one can see from the penalities, driving with a suspended license is an offense that warrants consulting an attorney if charged.

Knicks Star Arrested - New York Post 8/19/09

Knicks Guard Nate Robinson arrested in Bronx - New York Daily News 8/19/09

Plaxico Burress was indicted by a Manhattan grand jury on two counts of criminal possession and one count of reckless endangerment.

The two counts of criminal possesion of a weapon in the second degree, a Class C violent felony, each carry a minimum of 3-1/2 years in state prison and a maxiumum of 15 years. The sentences would be imposed concurrently.

New Jersey Criminal Lawyer Blog's Take: An update to a prior entry, Plaxico Burress's appearance before the grand jury did not work and he was indicted. As stated in previous entry, it was a long shot at best for this defense to work and now Burress will face trial. Furthermore, Burress is now bound by his grand jury testimony and cannot stray from it or else he faces additional perjury charges.

The best Plaxico can do now is hope to get a beneficial plea. It appears no matter what happens whether by plea or a conviction at trial, the former Giants player will be spending time in the state prison.

Plaxico Burress indicted - Newsday 8/3/09