May 2010 Archives

May 25, 2010

Mr. Jolly Is In More Legal Trouble

More legal troubles for Johnny Jolly, defensive end for the Green Bay Packers. The key issue in this matter is that Mr. Jolly is out on a bond with pending criminal charges against him. When a person is arrested they have to post bail. Bail can have many different restrictions, and it is often newsworthy when a high bail is set, or a celebrity is released after posting a large sum of money. When arrested on the most minor criminal charges, most people are 'release on their own recognizance" (R.O.R.), meaning they are free to go but agree to appear in court at a set time and date. The Judge may very likely issue a warrant for arrest if you fail to appear at that predetermined time. Lindsay Lohan has had recent problems in this regard as well, stemming from criminal charges in California.

Mr. Jolly's charges appear to have been more significant, and as such, he was forced to post money in order to be released. The amount of money is usually commensurate with the nature of the crime and degree of flight risk of defendant. Flight risk doesn't mean someone who will not be present in the area, but rather, someone who may run from these charges and be difficult to find. Mr. Jolly would be a very low flight risk due to his employment in the N.F.L. As a team member of the Green Bay Packers, he could be easily located if he ever failed to appear at a court proceeding. And since the defendant has criminal charges pending against him, the Judge can put conditions on the bail. Here, the Judge appears to be unhappy that Mr. Jolly continues to be frequenting night clubs with alcoholic beverages present, and has "grounded" him while this case is still pending. Once the case concludes, the Judge no longer has a right to control Mr. Jolly's conduct. But until that time, Mr. Jolly must obey the Judge's orders or find himself explaining to the Judge why he cannot comply with the conditions of his bail. Even the best defense attorney would have difficulty with the case, if he continues to brazenly disregard the Judicial system.

May 21, 2010

This Attorney's Hobby Became Criminal: Unlawful Surveillance

This Georgia attorney practices tax law, but he now will get an education in criminal law. According to his website, Mr. Tenney enjoys photography in his spare time. It seems that the hobby occupies his working time as well. A female employee of his allegedly found a camera hidden under her desk. Also a CPA, Mr. Tenney spend 2 hours in jail, before being freed on $10,000.00 bail.

This case is a good illustration of what it means for a defendant to be charged with numerous counts. Many people often wonder why some crimes warrant multiple counts. Does that make the crime more severe? This is a common misconception which an attorney can easily clarify and defend against.

The severity of a crime is measured in degrees. Though you might hear the terms "felony" and "misdemeanor" on Law and Order, these terms of art are not used in New Jersey. Instead, the terms "indictable" or "non-indictable" are used. For example, a 1st degree case is the most severe and a 4th degree the least with respect to indictable crimes. Non-indictable crimes are typically lesser crimes, and frequently occur in municipal court. Non-indictable crimes are classified as disorderly person offenses.

The phrase "multiple counts" refers to how many times the crime is committed. Each instance an accused person allegedly commits a crime equates to one count, even if it was the same victim and same action repeated. This surveillance case alleges that the victim was recorded on three different occasions. As such, there are three separate counts relating to the different dates on which the Defendant allegedly recorded the victim without her knowledge. A skilled attorney should be hired at the first possible moment, to sort through the requirements of each degree of a charge and whether or not there is proof that they are met, as well as the circumstances that generated the multiple counts.

May 18, 2010

Move Over Law!

This blog is to publicize a relatively recent change in New Jersey motor vehicle law that affects us all. This statute is referred to as the "New Jersey Move Over Law" (N.J.S.A. 39:4-92.2). The law reads that the operator of a vehicle approaching a stationary emergency vehicle, e.g., police car, ambulance, etc., that is displaying flashing emergency lights shall approach the emergency vehicle with due caution and shall either (1) make a lane change into a lane not adjacent to the emergency vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change would be impossible, then reduce the speed of the vehicle to a reasonable and proper speed for the existing roadway and traffic conditions, which shall be less than the posted speed limit.
What does that mean in practical terms? If you're driving along the road and you see something like a police car with its lights on at the shoulder of the road, you should move over a lane if you can. If changing lanes is impossible, then you should slow down considerably and pass the police car with extreme caution. The penalty for this ticket is a fine between $100 and $500 and two motor vehicle points. With this degree of potential expense and long term inconvenience of points on your license, you should contact an attorney immediately in order to defend against and potentially lessen these charges or challenge their validity.

May 14, 2010

Burglary Charges Result in a 'No Contest' Plea for Reality Star

A reality star and aspiring model allegedly burglarized those whom she sought to hobnob with, and has been charged with the crime, along with six others. Alexis Neiers, who at age 18 is an adult, pleaded 'no contest' and received six months in jail and three years probation. If she violates probation, she can get as much as two years in state prison. The plea of 'no contest' here was her best option to serve the least amount of jail time. She could have been sentenced to six years in prison if she risked mounting a defending at trial and getting convicted. The defendant here was part of group that was also targeting other celebrities. As such, the burglary of Mr. Bloom's house was not isolated but part of a larger criminal enterprise. Other celebrity targets allegedly include Paris Hilton, Lindsay Lohan and Rachel Bilson. She could face charges for conspiracy on the other houses. She has until the end of June to enjoy her freedom, before heading to jail, for which it is reported that she will testify against the other individuals charged. They are scheduled for a Court appearance at the end of the month. This is an example of the benefits a defendant can avail him or herself of when hiring a skilled defense attorney at the first possible opportunity following an arrest.

May 7, 2010

Was It Cocaine or Baby Powder? Oregano or Marijuana?

Drug tests results carry a lot of weight in a courtroom. They are a requirement of any prosecution of a drug related crime. A scientist at NYPD forensic lab tech has been accused of falsifying drug test results and suspended when a trial was stopped due to concerns about her testimony. Mariem Megalla is reported to have mislabeled samples as positive, and failing to retest negative samples and marking them positive to save herself the work. The media has reported the details of her mishandling, misdeads and omissions. With 180 open felony cases from this year alone, this could rock the criminal justice system for the near future, possibly triggering appeals where possible. The Quality Control staff of the NYPD uncovered her alleged botched tests. This is not the first time that the forensic labs have been accused of sloppiness, laziness or incompetence, the most recent of which was in 2006.

This is a very serious matter because it puts the reliable of the state's evidence at stake. In a case involving drugs, the police cannot claim a substance is, for example, cocaine, without having it tested. Here is a hypothetical example: A car is stopped and police located packs of white powder, which they believe to be cocaine in the backseat of the car. The suspect can be arrested and charged with possession of cocaine; however, the state must prove that substance in cocaine at the time of trial in order to obtain a conviction. In this matter, it appears a lazy lab tech has put the state in a bind. If the substance was not properly tested defense counsel will move to have the evidence suppressed and then State will have no case to prove. This may turn out to only be an isolated incident, but every New York attorney that had a case where Ms. Megalla was the lab tech will surely be seeking that the State verify the results. Of course, a good attorney defending drug charges will examine the veracity of forensic evidence.

May 5, 2010

Privileged Student-Athlete Relationship Leads to Tragic Murder

The police are still investigating the situation even though they know that George Huguely killed Yeardley Love. However, the police are doing their due diligence to make sure they prove their case. Also, the police are searching for information about the lacrosse player's state of mind. If they can find some evidence of proof that he intended to kill Ms. Yeardley, also a lacrosse player, then he can be charged with first-degree murder. This is a much different ranking than the rest of his team, ranked first in collegiate lacrosse right now. If that evidence cannot be produced then Mr. Huguely can argue that the crime was manslaughter. That means the death was an accident or that he didn't intend to kill her, but only intended to harm her. Practically speaking this could mean the difference of the young man spending life in prison with no chance of parole or merely spending a very long time in prison.

It is beginning to look like there is evidence of his state of mind because it has been reported that he allegedly attacked Ms. Yeardley before, at another university, the University of North Carolina. They had a long term, on-off-again volatile relationship. Our "gentleman" student-athlete has been arrested for threatening to kill a female police officer while drunk, in an altercation where the officer eventually tasered him. He apparently jumped off the family yacht when his father called the police to come out a quarter mile off shore from the family's Florida estate to help with a domestic dispute. Both the defendant and the victim were raised in a life of privilege, complete with prestigious prep schools the likes of which make this story ripe for a made-for-television-movie. In the interim, the trial will unfold that will demonstrate the relevant issues in prosecuting and defending crimes of passion. There are many lesser crimes resulting from domestic type disputes that, if prosecuted, could prevent the violence from escalating. A proper, skilled defense by an experienced attorney can redirect someone a defendant on a destructive path toward a more productive, mentally healthy life and protect those around him or her.