New Jersey Criminal Lawyer Blog

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.

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.

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.

An overzealous wrestling fan has reportedly been charged with four counts of fourth-degree threatening, one count of second-degree harassment and two counts of second-degree threatening for making threatening phone calls to the WWE headquarters. Zavr Peygumbari was apparently upset over the release of one of his favorite wrestlers, former female champ Mickie James, when he called the WWE offices in Stamford, Connecticut to make numerous threats, including reportedly over 20 phone calls. Peygumbari was arrested on Friday and held on $250,000.00 bail before it was reduce in an arraignment and bail hearing on Monday. According to Court documents, New York Police have described the 22 year old man as "emotionally disturbed." He has previous marijuana charges in his file as well. His defense attorney described him as a fervent fan who would not follow through on threats.

This is a classic example of someone being overzealous and now having real legal troubles due to his charges. Peygumbari could be facing prison time with his second-degree charges, but it sounds like he might have been given the ultimate punishment in his release on bail, he was banned from attending an future WWE shows. This is not that uncommon in criminal law that a person would be banned from victim contact pending the outcome in the case; however, in this matter the "victim" just happens to be a large company.

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.

Part I
The "physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed." United States v. United States Dist. Court, 407 U.S. 297, 3131972). Accordingly, it is well established that "searches and seizures inside a home without a warrant are presumptively unreasonable," Payton v. New York, 445 U.S. 573, 586 (1980), and so "prohibited by the Fourth Amendment, absent probable cause and exigent circumstances." Welsh v. Wisconsin, 466 U.S. 740, 749 (1984). This is a constitutional right that should be protected by your attorney in any criminal defense case.

As noted in Welsh: Before agents of the government may invade the sanctity of the home, the burden is on the government to demonstrate exigent circumstances that overcome the presumption of unreasonableness that attaches to all warrantless home entries. When the government's interest is only to arrest for a minor offense, that presumption of unreasonableness is difficult to rebut, and the government usually should be allowed to make such arrests only with a warrant issued upon probable cause by a neutral and detached magistrate. 466 U.S. at 750.

In other words, the Court assumes that entry without a warrant is barred, and the burden is on the state to prove that the police had an urgency reason that prevented the ability to first obtain a warrant. If they cannot, any type of evidence obtained as a result of that entry will not be permitted to be relied upon at trial (fruit of the poisonous tree).

For example, in State v. Holland, 328 N.J.Super. 1 (App. Div. 2000), the officers conducted a warrantless search of a residence based upon the smell of burning marijuana emanating from the home. The average person would assume that the police could use that scent to generate probable cause. Probable cause should justify a warrant, not warrantless entry or entry without consent. If the suspect voluntarily permitted the police in, or if the suspect voluntarily left the home, that is a different legal situation. In this instance, relying upon several rulings of the United States Supreme Court which stress the sanctity of a person's home, the Holland Court found that there was probable cause to believe someone possessed marijuana, which is a disorderly persons offense, but the minor offense did not generate the exigent circumstances which would justify a warrantless search or arrest in the suspect's home. 328 N.J.Super. at 7. In that type of situation, anything the police found or were told when they entered the home without consent that would incriminate a suspect is barred.

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.

Chris Terry was charged with a DUI, a class A felony dealing cocaine, a class C felony drug possession, resisting arrest, possession of a handgun without a permit and driving with a suspended license, in Clarksville, Indiana. Another man and woman were also in the car, in the man's pocket was $1,200.00 and near him was a large amount of cocaine. They were arrested for similar charges, including public intoxication. The arrest was made at a traffic stop early Wednesday morning when a police officer witnessed him driving erratically. Under Terry's his seat was a loaded handgun and in the cup holder next to him was some cocaine. Add to these elements that Terry is 6'5" and 295 pounds and that he allegedly refused to follow police instruction, this could certainly present a very dangerous set of circumstances. Terry is currently being held without bond.

Charges of DUI, drug possession, dealing, possession of a loaded weapon without a permit, resisting arrest and public intoxication carry serious penalties in every state, including New Jersey. This is quite a fall from Terry's football days. He attended the University of Georgia, and played for the Carolina Panthers, the Seattle Seahawks, and most recently, the Kansas City Chiefs in 2006 and 2007. It was reported that the Chiefs cut him for being absent from team meetings in 2007. The NFL suspended him from the 2008 season for substance abuse, after already having been suspended in 2003 drugs and a domestic dispute. Domestic violence and drugs are a common pair, and they should be taken very seriously.

In New Jersey, cocaine is considered a "Controlled Dangerous Substance," or CDS. As one example, this felony possession charge could lead to up to 5 years in jail and remain on your record permanently. If it is your first offense, you could be eligible for the Pretrial Intervention program, which can lead to a dismissal of charges after 1 year. One way to defend against charges of this nature is to question the method of the police search and seizure, or how the cocaine was discovered. The specific facts of the arrest are crucial in determining the best legal course of action.

If you have been involved in domestic violence, or charged with DUI, drug possession charges, weapons charges, or any of these crimes, it is crucial that you call an attorney immediately. Experienced attorneys can be reached at Chamlin, Rosen, Uliano and Witherington.

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.

Tiger is lucky. Another professional athlete's domestic dispute has led to another motor vehicle accident, but the result is far more tragic than loss of sponsorships. Cincinnati Bengals wide receiver Chris Henry died today from injuries sustained by falling from a pick up truck, allegedly driven by his fiancée and mother of two of his children. Police will not say whether he fell out or was forced out of the vehicle, but homicide detectives have been assigned to the case and fiancée Loleini Tonga was driving the vehicle.

At age 26, Henry had a history of arrests, including gun, marijuana possession, and assault charges. The Bengals gave him a break after a rough career at West Virginia under then Coach Rich Rodriguez. At his worst, he was called "an embarrassment to himself and the program," and "a one-man crime wave." He had been suspended by the NFL three times, released and then resigned for another chance to "regroup, catch himself, and re-start his life." Recently, despite being plagued by injuries including a dislocated forearm, he was turning things around. Those around him were both proud and hopeful, saying that "When you see him up close, you'll find that you'll like him," that he "has done everything he can to make himself a better person" and is "a great kid with a great heart."

One doesn't have to dig deep to find a cautionary tale for college athletes, for those embroiled in domestic disputes (Steve McNair's death is also tied to trouble with a mistress girlfriend), for those involved with drugs on any level, and even for dangerous driving (how often do people get behind the wheel when they are upset or following a heated argument).

The legal penalties for all of this behavior quickly pile up, and can have a seriously negative impact on your life, whether you are an athlete or not. Costly fines, loss of drivers license, jail time and mandated community service and treatment programs are all possibilities, depending upon you are caught on a first, second or third offense, or the particular circumstances surrounding the incident. It is too bad that successful athletes who make the most of the opportunities that come their way, and who manage to make good choices do not make the headlines.