New Jersey Criminal Lawyer Blog

Whether it is New Jersey or California, a Municipal Court judge may order a person to serve jail time. In New Jersey, the longest a person can be sentenced to serve in jail is 180 days in Municipal Court. Naturally, jail time is not common for municipal offenses, outside of a mandatory sentence for a third DUI offense. The key word in all of this is "may," because the law does give a judge the authority to order jail time for things such as disorderly persons offenses. The statute puts a cap on the amount of time, but as anyone would imagine, most people do have an aversion to any prison time.

Lindsay Lohan makes the news by being sentenced to 90 days jail time because, despite her exquisite display of tears and remorse, she has blatantly disregarded the prior court orders. She has missed court dates and failed to comply with terms of her probation, and further, she has erred more than once. Lets hope the jail time is a wake up call to Ms. Lohan, even if she is released after serving a fraction of her jail sentence. If the wake-up call hits, perhaps her mandatory in-house substance abuse rehabilitation following jail might have a shot at being effective.

This Georgia attorney practices tax law, but he now will get an education in criminal law. According to his website, Mr. Tenney enjoys photography in his spare time. It seems that the hobby occupies his working time as well. A female employee of his allegedly found a camera hidden under her desk. Also a CPA, Mr. Tenney spend 2 hours in jail, before being freed on $10,000.00 bail.

This case is a good illustration of what it means for a defendant to be charged with numerous counts. Many people often wonder why some crimes warrant multiple counts. Does that make the crime more severe? This is a common misconception which an attorney can easily clarify and defend against.

The severity of a crime is measured in degrees. Though you might hear the terms "felony" and "misdemeanor" on Law and Order, these terms of art are not used in New Jersey. Instead, the terms "indictable" or "non-indictable" are used. For example, a 1st degree case is the most severe and a 4th degree the least with respect to indictable crimes. Non-indictable crimes are typically lesser crimes, and frequently occur in municipal court. Non-indictable crimes are classified as disorderly person offenses.

The phrase "multiple counts" refers to how many times the crime is committed. Each instance an accused person allegedly commits a crime equates to one count, even if it was the same victim and same action repeated. This surveillance case alleges that the victim was recorded on three different occasions. As such, there are three separate counts relating to the different dates on which the Defendant allegedly recorded the victim without her knowledge. A skilled attorney should be hired at the first possible moment, to sort through the requirements of each degree of a charge and whether or not there is proof that they are met, as well as the circumstances that generated the multiple counts.

A 17 year-old girl pleaded guilty to misdemeanor driving while intoxicated and criminally negligent homicide connected to a car crash that killed her boyfriend. She was driving drunk in the middle of the night, and crashed her car into a brick pole. She had a blood alcohol level of .13 % and was driving 56 m.p.h. in a 30 m.p.h. zone. Basically, she got behind the wheel of a car while drunk, and should have known that doing so could easily kill someone. Every state, including New Jersey, has its own requirements, definitions and terms for driving while under the influence of drugs or alcohol and the crimes that stem from that action. As always, it is crucial to consult an attorney well versed in those laws.

The Judge denied her youthful offender status and imposed a 6-month jail sentence reportedly because he had seen a picture she posted of herself on Facebook. The photograph was taken of her one month after the crash, and she posted it captioned "drunk in Florida." She could have gotten as much as 4 years in state prison, but the Judge reportedly felt forced to consider her young age and clear history.

Her drivers license is revoked, and following her jail sentence, she will be under electronic home monitoring for one year and on probation for five, during which she is not allowed to drink under its terms.

A judge wants to see a remorseful defendant regardless of the crimes he or she has been charged with or found guilty of, and evidence to the contrary is extremely damaging. The Judge is free to consider all factors that have any arguable relevance. Every defendant should keep in mind that the Judge wants to see that his or her encounter with the criminal justice system has taught a lesson and changed his or her behavior for the better. The Internet has created a new environment in which to evaluate a defendant's behavior, and it is completely public. There is a new way we are all being held accountable for our behavior, and the legal profession is aware, that is nothing new. The consequences can clearly be harsh, and it is yet another lesson young adults have to learn.

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.