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.

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.

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

Colts Defensive Tackle Darrell Reid, (of Freehold, NJ) was arrested in the early morning hours of February 8, 2009 for trespassing and disorderly conduct outside a nightclub in Indianapolis.  Mr. Reid pulled his vehicle into a parking lot, but Police stopped him from entering.  Mr. Reid explained that he knew the owner, but the Police informed him that club had reached its fire limit capacity.  However, Mr. Reid then attempted to use his status as a Colts player to demand entry.

New Jersey Criminal Lawyer Blog's Take:  Location, Location, Location.  This maxim applies mostly in real estate, but in this instance it applies in Criminal Law.  Allegedly, Mr. Reid used his status as a Colts player to demand entry, but was rebuffed by police.  However, Mr. Reid's vehicle was still partially on the public street.  The Marion County Prosecutor's Office has declined to pursue this case because Mr. Reid's vehicle was not completely on private property.  Moreover, the Prosecutor's office did not see the alleged conduct qualified as disorderly conduct under Indiana State Law.

While, the laws in Indiana and New Jersey may differ this is a helpful lesson to people in all jurisdictions.  It is not a good idea to get into a verbal altercation with police especially outside a crowded nightclub.  Mr. Reid won't be charged with any criminal acts, but due to the fact he is a public figure he still did significant damage to his reputation.  Although the charges were dropped most people only read the initial story describing the arrest and not the follow-up story explaining why the charges are dropped.

Colts Player Darrell Reid arrested, WTHR.com Feburary 8, 2009

Colts player Reid won't face charges in nightclub scuffle, WTHR.com February 9, 2009

Colts Reid won't face charges following arrest, USA Today February 9, 2009