New Jersey Criminal Lawyer Blog

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.