Alcohol and vehicular troubles are nothing new to collegiate athletes, unfortunately. So this story can be added to the others covered here. Notre Dame's Wide Receiver Michael Floyd was reportedly sentenced to a year of probation and cannot drive for 90 days following his guilty plea to a misdemeanor drunk driving charge. Once Floyd's license is reinstated he will have a device in his car for 180 days that will monitor Floyd's blood-alcohol level and will prevent the car from starting if his blood-alcohol level is too high. Floyd was arrested for driving while intoxicated in March in South Bend, Indiana. At the time of his arrest, his blood-alcohol level was 0.19%, which is more then double the legal limit. Any attorney in this position would likely be patting himself on the back. He seems to have some trouble maintaining the separation of driving and drinking, so perhaps his sentence is fitting and will help him focus on his talents.
In Indiana drunk driving is considered a misdemeanor crime. Had Floyd been arrested in New Jersey he would have instead committed a Title 39 motor vehicle violation rather than a crime. The minimum penalty in New Jersey for a DUI is 7 months loss of drivers license. Since his blood-alcohol level was as high as a 0.19% (New Jersey considers over a 0.08% blood alcohol level to be driving under the influence) he would be required to have a mandatory interlock device. This device of course would prevent the car from starting if his blood-alcohol level is too high. He would be stuck with the interlock device for six months after his license was restored.
There are many permutations of penalties and sentences you may receive depending upon the number of infractions you have on your record. It helps to have an experienced attorney on your side. If you have been charged with a DUI you should seek help from a licensed attorney immediately.

There was no way that the defendant knew he was attacking the wife of Pittsburgh Pirate pitcher Chris Snyder, and that his temper tantrum was criminal. Driving without a license is indeed illegal, as is aggravated assault. Episodes of road rage similar to his occur every day all over the country on the nations streets and highways. A professional athlete's wife being attacked, while he and their children sit in the car, is genuinely newsworthy, and will not help the defendant's chances in court.

Because the baseball player was incapacitated by back surgery seated in the car and could do nothing but helplessly watch his wife get attacked, an innocent bystander and an off duty cop were left to intervene on Ms. Snyder's behalf, fending off bites, punches with keys between his fingers, and flying shoes. As a result of his extremely poor behavior following a close call while the victim was driving and he was riding a scooter, Mr. Modhwadia was charged with driving with an invalid license, aggravated assault, assault, and criminal mischief. He is being held on $25,000 bail. This will not be an easy case for his attorney.

In New Jersey, any criminal defense attorney should be able to tell you that aggravated assault is governed by NJSA 2C:12-1(b) which governs "attempts to cause serious bodily injury to another..[.]" Based upon police notes from the scene and witness accounts, there is evidence to show that Mr. Modhwadia attempted to cause serious harm to Carla Snyder. Additionally, in New Jersey the aggravated assault is an indictable crime so it would be review by the county prosecutor and most likely would remain in the Superior Court. This defendant is headed for far more than anger management. Anyone who has been the victim of a road rage tantrum, or has had an episode of behavior which has resulted in criminal charges, should without momentary hesitation contact a highly skilled attorney who has years of experience with these types of cases.

A man has been arrested for stealing over half a million dollars worth of jewelry from properties along the Navesink, among them, Jon Bon Jovi's wife's jewelry! Police have reported that the Beachwood man, only 21 years old, robbed a large handful of mansions and estates on Navesink River Road, and ultimately was caught by tripping an alarm in one of them. Also among the burglary victims is former head of American Eagle Outfitters, George Kolber, and a Middletown ophthalmologist.

The Defendant, Nicholas Tracy, is charged with three counts of second-degree theft and four counts of third-degree burglary. He is in jail with a hefty bail set at $100,000.00, and he was not given the option to post 10% as an alternative. This young man is in very deep, hot water and some would say gutsy, in foolish, wrongheaded, stupid sort of way for a 21 year old. It is unknown as to whether or not he was aware of the fact that he was stealing from the home of one of New Jersey's all time most beloved celebrities. The details of the reports don't seem to suggest that this inconvenient coincidence contributed to his getting caught.

Celebrity status of a victim aside, the Defendant stole a significant amount of worth of valuables in this case. Burglary, in its simplest definition, means breaking into the dwelling of another with the intent to commit a crime. Here, breaking into another's home to "steal" items fits the definition. One factor weighing in the Defendant's favor would be if he did not yet unload or sell the jewelry. If he still had the stolen property in his possession, then making restitution to the victims would be easier. Restitution is basically where the defendant makes a payment or returns stolen items to the victims or true owners. Many times, restitution is the key to resolving the case in a more favorable manner for the defendant. If a defendant is able to return an expensive item, such as jewelry, he is more likely to receive a lesser sentence. If he has already pawned the times, usually for less than they are worth, if the items were pawned for cash, and if he spent the cash with no way to repay it, the legal penalty will tend to be more severe.

His defense attorney should do whatever he can to sway the Court, and the victims, that he is a young man who has lost his way, and that with some support, he can alter his path, (hopefully) repay the members of the wealthy community he targeted, learn his lesson without posing any further threat to society. The details would have to support this position in some way, but any attorney would consider using his relative youth as a legal strategy. Of course, he is not a minor, and this young adult would have to be extremely remorseful for his crime.

Three days is all it took for a released sex offender to victimize another person, a teenager, no less, and it gets worse: a disabled teenager, in a bathroom, of all places. Police reportedly found the fourteen year-old victim in Newark's Penn Station appearing as if something was amiss. She told them that she had been assaulted in a library restroom. The forty-five year-old accused had been released from state prison and was wearing an ankle monitor. As of the date of the report, it was unclear if he had retained a defense attorney.

Criminally, this person has definitely dug himself into a grave. He is a "recidivating" or re-offending sex offender, meaning that a subsequent offense will land him an automatic mandatory minimum of five years in prison with no possibility of parole, who can be sent to an additional five years in prison if he faces a new sexual assault charge with aggravating factors. Those aggravating factors include if the rape was forcible, if the victim was a minor, and if he or she is disabled.

Assessments of this sort of behavior lead many to believe that these urges are not easily suppressed or quelled. According to Dr. Gregory J. Coram, Forensic and Medical Psychologist and Director of the Masters program in Criminal Justice at Monmouth University, the acts in which these urges manifest are often unpredictable, repetitive, and non-stop. Rehabilitative treatments, are not often, if ever, likely to be effective when it comes to sex offenders.

"Due to the nature of these sexual disorders," says Dr. Coram, "it is very difficult to make any reasonable prediction on whether or not these individuals will re-offend. Sexual behavior is an integral part of the individual, and any distortions or pathology in that area will permeate their personality. Therefore, I am not a strong believer in true rehabilitation for these types of offenders. They have their signature and their methods, and the capability of rehabilitative treatment to break that pattern of behavior is something I believe to be unrealistic with current treatments."

This type of attack is very serious, and even if the sexual activity itself was not initiated by means of an attack, that is, if it was "consensual", the act would still be considered statutory rape, considering the victim was underage, and in no determinable position to give consent. In terms of legality of sexual activity, any act that is coerced is illegal. Physical force and/or threats need not be used to qualify as criminal.

You might ask, why do I need to know the law? It's not like I would ever commit such an atrocity.

Naturally, it's not expected that any reasonable person would perpetrate a crime like this. However, the laws about statutory rape are not always as crystal clear to everyone as they should be. Plainly, an attorney is in the best position to sort through the details of a questionable scenario as it may be construed by the law. The New Jersey Criminal Code states that sexual activity between an adult (18+) and a child between the ages of 13 and 16 is illegal unless the participants are within four years of age of one another. For example, it is legal for a 20-year old and a 17-year old to engage in sexual activity, but illegal for a 20-year old and a 15 year old to do so. Additionally, any sexual activity involving a child under the age of 13 is strictly illegal. It is worth noting that the gender of the victim or the assailant is not specified.

When it comes to a question of statutory rape, remember: it does not matter if both participants are willing, or even if the underage participant initiates the act itself. The law views a person under the age of 16 as lacking the emotional maturity to give consent to sexual activity, except in the circumstances provided above. And always remember: any act of forcible sex, that is, against the will of either participant, is considered aggravated sexual assault.

The courts do not accept a defense of mistaken age, e.g., "She looked like she was of age to me." The presumption is that if the participant looks underage, it should be assumed that he or she is underage. Real life often presents complications and complexities even where the facts seem clear. As such, anyone involved in an attack, or a relationship or circumstance where these laws may be considered, should contact an attorney who is an expert in this area of practice.

Ms. Pressly is latest Hollywood star to find herself spending a night in a California prison. The "My Name Is Earl" co-star was pulled over for something she did or failed to do behind the wheel of a car; there was no collision, car crash or automobile accident reported. From that point, the officer apparently brought her in to the precinct, having detected some reason to believe she had been drunk driving. She posted bail of $15,000.00 and was released the next morning.

While it is reported that she has been booked on suspicion of DUI, that term can mean different things in various jurisdictions. The key point in this story is that you do not have to be over the legal limit of .08 in New Jersey, and nearly every other state, in order to be in DUI trouble. Perhaps the starlett slurred her words, or gave some other clue.

For example, if a police officer initiates a motor vehicle stop and observes the driver to be potentially impaired he can ask the driver to get out of the car to start a test. If the driver then proceeds to have difficulty saying the alphabet, walking a straight line, standing on one foot, or any other similar test, he or she is then placed under arrest for suspicion on DUI, or driving under the influence of alcohol. The breath test or blood test will reveal if the person is under the influence of alcohol. It should be noted that one can get DUI for being under the influence of any type of drug, including prescription or recreational drugs. Naturally, the breathalyzer does not apply in that situation.

It is very easy to find yourself in DUI trouble, even if you think you have been cautious. Call an attorney immediately if you have been pulled over and questioned about drugs or alcohol use.

MTV's "America's Best Dance Crew" is getting attention it doesn't want. A former judge and hip hop choreographer, Melvin Shane Sparks, aged 41, will be going to trial on eight counts of sex crimes, stemming from his arrest last December. After posting $590,000.00 bail, he was released. The arrest was a result of alleged oral copulation and lewd acts with an underage girl, which allegedly occurred over a three-year period ending in the spring of 1997. He will be arraigned on November 15, 2010.

Here is what happened in this situation. It can be reasonably inferred that a Motion to Dismiss the Indictment was filed by the defense counsel and the Court denied the motion. The Judge is basically saying that based on all the evidence presented to the Court thus far, there is enough to of it to have the matter proceed to trial, to be evaluated in that forum. Evidence may take the form of sworn testimony of the victim, witnesses or those who had first hand knowledge of events, in addition to physical evidence.

The Court is not indicating that the defendant is guilty. The Judge, and therefore, the Court, is simply stating that based on all the evidence gathered, the case may be permitted to proceed to a jury who may make the determination of guilt. The jury will have a much higher standard than the prosecutor needs to prove the case beyond a reasonable doubt. The Judge did not view the evidence by that standard, but rather, as dictated by Court rules, a much more broad standard. The judge must have determined in this case that a jury could reasonably find the defendant guilty of the crimes charged against him.

At any rate, both prosecution and defense attorneys have a challenging case ahead of them, due to the time that has passed, the sensitive nature of the charges, the fact that the alleged perpetrator or defendant is so much older than the alleged victim (the conduct did not occur between two teenagers, for example), and the quasi-pseudo-celebrity of the defendant. An individual in any sort of situation involving such sensitive allegations should contact an attorney immediately, in order to determine the legal strategy that most thoroughly protects his or her rights and interests.

A developing story as Jeremy Green of ESPN has been arrested in Connecticut on charges of first-degree possession of child pornography, possession of narcotics and possession of drug paraphernalia. As of the date of the story, Green was in custody on $750,000 cash bail. Green worked as an NFL analyst for ESPN, and is the son of former NFL Coach Dennis Green.

The amount and nature of the bail set indicates that Green is facing serious charges of child pornography. Criminal charges are organized according to degree, and the first degree means that alleged crime is the most serious offense under the applicable statute. In New Jersey, the relevant law also places the burden on the defendant, or the person charged with these illicit materials, to provide the defense. This does not mean that he is presumed guilty unless he can prove otherwise, but it makes it very difficult to exploit gray areas of the law. For example, any person that presents the appearance of being under the age of 16 is assumed to be under 16 and it is not a defense for one to claim that he "thought" the person in question was older than 16. Therefore, it is a strict liability offense with limited defenses available. Unlike many other media personalities, Mr. Green's offense is not merely embarrassing but disturbing. It is a crime that has cost him his ESPN job. Even with an excellent defense attorney, he will likely face significant prison time unless new facts emerge.

An arrest has reportedly been made of a high school senior, who is charged with third-degree aggravated criminal sexual contact and third-degree criminal sexual contact, which allegedly occurred in Seaside Heights, following his prom in northern New Jersey. It is said that the 18 year old woman was incapacitated when she was victimized in a hotel, meaning she was indisputably unable to or did not give consent and anything that may have transpired was not consentual. The young man, who is in the U.S. on a student visa from Zimbabwe, is being held on $125,000.00 bail in Toms River and has been relieved of his passport.

The fact that Mr. Kabete is on a visa makes his potential trouble even more severe for him since he can be deported if he is convicted with a crime. If he cannot make bail, Mr. Kabete will be sitting in jail for a while, since this matter will have to present for indictment with the grand jury. If the grand jury returns an indictment, he will then have to be arraigned, which means he must plead guilty or not guilty. This is the stage at which a public defender would enter the proceedings, unless Mr. Kabete can afford to hire a private attorney. After an indictment and at the arraignment, the law requires someone to be represented by a lawyer, assuming he hasn't chosen to represent himself. Mr. Kabete has no such right at this time and will have a long process to get there if the reports prove to be true. It is clear, however, that his interests would be best served by the counsel of a skilled attorney who has experience with these types of charges.

Details have yet to be provided, and the victim's identity continues to be protected due to age and the nature of the crimes. These charges can include a wide array of conduct involved with an act of sexual penetration such as use of a weapon, physical force, threats, the aid of another person, severe personal injury, or it coincides with assault on another. The severity of the charges remains to be seen, but the occurrence of this sort of crime is a huge fear often associated with risky behavior surrounding proms. It should serve as a warning, with weeks left in the prom season. If you find yourself in any way related to a similar occurrence, it is in your best interest to contact an attorney.

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.