Assault with a deadly weapon and attempted premeditated murder of an ex-girlfriend could be considered the antithesis of what one associates with a hilarious blockbuster comedy. An actor who appeared in "The 40 Year Old Virgin," however, has reportedly been charged and convicted of these violent crimes and been sentenced to life in prison with the possibility of parole in twelve years. There is nothing funny about that. While Shelley Malil's defense attorney described his ex as a violent drama queen, it was the defendant that stabbed her multiple times with a kitchen knife in a jealous rage upon finding her sharing a drink with a male friend in her own home.

A jury has convicted the actor and sentenced him to life in prison for attempted premeditated murder and assault with a deadly weapon. The assault was of course that he stabbed her repeatedly with a kitchen knife. The premeditated murder charge may be analagous to an attempted murder charge in New Jersey. The issue for the jury was to decide if the Defendant had the intent to kill the victim when he began stabbing her. In this instance, they found that he intended to kill her when he began to stab her and he was convicted of that crime. He was also charged with burglary but acquitted on that lesser charge. He can be charged with burglary because he meets the elements of the crime: he entered her home as an uninvited guest and committed a crime in the dwelling. However, it also had to be shown that he had the intent to commit that crime when entered her home. In this situation, the defendant showed that he did not have the intent to assault and murder her. This would be because he did not know the victim was with another man until after he entered the dwelling. He actually only went to her house uninvited to tell her that he had taken her pot and sent some explicit sex photos of the two of them to her co-workers. There is nothing funny about that either.

The mild upside for the Defendant is that he eventually can be eligible for parole and thus most likely will not be confined to prison for the rest of his life. While domestic violence is common, it is not likely that the average person would have this nuanced legal knowledge or even if they did, be capable of drawing upon it in the midst of a conflict. If an individual describe themselves as having a emotionally volatile temperament and intense relationships, or as being involved with this type of personality, he or she would be well served by identifying an experienced attorney to call immediately should he or she be involved in any domestic altercation in order to best protect his or her legal rights.

One pound of most things is not a lot. A person can lose a pound in a day fairly easily, and gain one as well. But 585 grams, just over ½ of a kilogram or approximately one pound, when it comes to a controlled substance, is all it takes to get yourself in very, very hot water. Two nineteen year old men are certainly in some trouble for allegedly being found with an open container of alcohol, underage drinking, and interestingly, exactly 585 grams of marijuana while in their car in Brick, New Jersey.

Let's be clear: when it comes to pot, there are really only two options. The first is possession of under 50 grams, in which the charge is a disorderly persons offense (non-indictable, although you will be arrested, booked, and arraigned). The second is possession of over 50 grams. This one, considered intent to distribute, is, according to N.J.S.A 2C:35-10, a crime of the fourth degree, and can carry with it a fine of up to $25,000.00. It gets even better: possess drugs within 1,000 feet of a school zone, and if you're not imprisoned (as defined by the penal code), you'll have a mandatory 100 hours of community service you'll have to complete.

When it comes to determining whether or not there was intent to distribute, the factor most largely examined by the court is the amount of the drug that was seized by police. Someone caught with 30 grams of pot is more likely to convince a judge that it was for personal use than say, someone caught with 585 grams (about one pound). Some even try to argue that their 200+ grams of marijuana in the freezer bag in their desk drawer is for personal use, and that they just prefer to "stock up". Your personal preference of keeping a full stash is simply not persuasive or relevant for legal purposes.

In a Court of law, even with an attorney, that approach will not work. In fact, the New Jersey law allows an individual to possess a relatively large amount of marijuana, 50 grams. It's extremely unlikely that someone who possesses over two ounces of pot would have it and keep it to avoid the inconvenience of seeing their distributor or dealer once a week.

The bottom line? Possession of pot in excess of 50 grams will get someone in a whole lot more trouble than an amount under 50. So if police find you in possession of any pot/marijuana or any controlled substance, call a lawyer, obtain legal counsel, retain an attorney immediately. A good attorney will examine the details of your case, including method of arrest, search, seizure, and measured amount of controlled substance, among other aspects that might affect your welfare and determine the most appropriate legal strategy for your defense.

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.

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.

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.