New Jersey Criminal Lawyer Blog

Sometimes a simple disorderly persons offense can lead its way to the 3rd degree assault on a police officer. This is what happens when you lay your hands on a police officer or in this instance squirt a substance, or bodily fluid, at a cop. Here, a Kentucky woman was being jailed for public intoxication, but she decided to express her displeasure by squirting breast milk in the face of a female police officer while she was changing into the intimate clothes. Her judgment was obviously impaired, but this was a big mistake because instead of probably merely paying a fine, this woman will face a potential criminal record and even jail time.

A common misconception out there is that you must punch or strike someone to qualify for criminal assault. This is simply not the case. As strange as it sounds squirting breast milk at someone can qualify as criminal assault because all that is necessary is that an actor makes contact with someone. The contact can be with your fist, a weapon, or in this case bodily fluid. To make matters worse, this woman assaulted a police officer, which usually carries a stiffer penalty than if she had done this to her neighbor or co-worker. While, Kentucky is a different jurisdiction than New Jersey of course, the laws are most likely similar in dealing with assault on law enforcement officers. This will be a rather expensive legal lesson for this Kentucky woman, but a good tutorial for everyone else out there. Remember when you are around police officers keep your hands, feet, and breast milk to yourself, and always retain an attorney if your behavior has been perceived as an assault.

For the second time in 12 months, Steelers Quarterback Ben Roethlisberger finds himself responding to questions about sexual assault. However, this time the woman did not wait a full year to report the crime.

During the late summer of 2009, a Reno casino employee accused Roethlisberger of sexual assault for an alleged incident that occurred in 2008. This woman filed a civil law suit in attempt to get money from Big Ben. This is much different matter. A woman claims she was assault last night and has filed criminal charges with local police in Georgia.

Naturally, this matter is in infancy, but the first few hours are critical in a sexual assault criminal investigation. Here reports indicate that the victim has already gone to the hospital where an forensic evidence will be gathered and she has told her story to police. The two-time Super Bowl champion QB will also be questioned, and he can choose to either refuse or answer the questions. Regardless of guilt or innocence, it is generally advised not to answer questions without a lawyer present.

As the police continue to gather information, it is important to remember that is an ongoing investigation. The fact that someone brought charges does not mean the police have to follow through with them. Rather the police must investigate the matter and if they find probable cause that alleged assault occurred then they can filed chargers against the Steelers QB.

Charges of a drug-fueled rape of a potential client do not do much to help the legal profession. Mr. Al Garcia's rape trial began with his accuser's testimony that when she appeared for a consultation for his legal services one evening, she was instead offered cocaine, raped and forced to perform sexual acts. While three others have come forward to testify that Mr. Garcia attempted to trade legal services for sex, the defense has offered evidence that shows no signs of force or injury in the medical report taken after the alleged attack.

While this story leaps of the page due to the "shock value" the case may still be a difficult for prosecutor's to prove based on the facts that have been publicized. This case ultimately comes down to the credibility of both the victim and the attorney. This is because the attorney's defense is not a denial that sexual acts occurred, but rather that the sexual acts were consensual. The fact that Judge is allowing three witnesses to testify appears to undermine the defense. Witness testimony like this can backfire, though, because the defense may argue that the victim in this case was accepting the attorney's offer. However, the fact that the attorney was allegedly using narcotics really damages the attorney's image for the jury. The jury is going to have to weigh the evidence, and the drug use may be a factor is convincing a jury that the attorney did sexually assault the victim and that there was no consent. An experienced attorney can determine the strongest defense against these types of charges, with extremely sensitive and nebulous circumstances, based upon the specific facts of each individual case.

In addition to the State trial, Garcia has been convicted in Federal Court as well for distribution of cocaine and methamphetamine, though the State jury will not know this, at least until the trial is over. Regardless of the outcome of the state trial, Garcia faces attorney discipline including potential disbarment. His law license has already been suspended, and he will probably be looking for a new line of work. The only question is whether he'll have a stopover in the state prison.

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.

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