New Jersey Criminal Lawyer Blog

The police are still investigating the situation even though they know that George Huguely killed Yeardley Love. However, the police are doing their due diligence to make sure they prove their case. Also, the police are searching for information about the lacrosse player's state of mind. If they can find some evidence of proof that he intended to kill Ms. Yeardley, also a lacrosse player, then he can be charged with first-degree murder. This is a much different ranking than the rest of his team, ranked first in collegiate lacrosse right now. If that evidence cannot be produced then Mr. Huguely can argue that the crime was manslaughter. That means the death was an accident or that he didn't intend to kill her, but only intended to harm her. Practically speaking this could mean the difference of the young man spending life in prison with no chance of parole or merely spending a very long time in prison.

It is beginning to look like there is evidence of his state of mind because it has been reported that he allegedly attacked Ms. Yeardley before, at another university, the University of North Carolina. They had a long term, on-off-again volatile relationship. Our "gentleman" student-athlete has been arrested for threatening to kill a female police officer while drunk, in an altercation where the officer eventually tasered him. He apparently jumped off the family yacht when his father called the police to come out a quarter mile off shore from the family's Florida estate to help with a domestic dispute. Both the defendant and the victim were raised in a life of privilege, complete with prestigious prep schools the likes of which make this story ripe for a made-for-television-movie. In the interim, the trial will unfold that will demonstrate the relevant issues in prosecuting and defending crimes of passion. There are many lesser crimes resulting from domestic type disputes that, if prosecuted, could prevent the violence from escalating. A proper, skilled defense by an experienced attorney can redirect someone a defendant on a destructive path toward a more productive, mentally healthy life and protect those around him or her.

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.

An update from a previous entry, Los Angeles Police have now charged Ryan Jenkins with the murder of his wife, Jasmine Fiore. Apparently, police were able to gather enough evidence to show that Mr. Jenkins was responsible.

Also, it appears doubtful that Jenkins retained a lawyer as he has escaped to Canada. If he is appreheneded in Canada, he can only be extradited to the United States if he would not face the death penalty.

New Jersey Criminal Lawyer Blog's Take: This is a sad turn, but it appears Jenkins has decided to take his chances on the run. This will be an interesting situation to see if Jenkins is caught in Canada or if he is seeking to escape to another country which will not extradite him to the U.S.

There is no legal strategy discussion left in this matter, it really just comes down to when and where the authorities capture Jenkins.

Megan Wants a Millionaire Star wanted for Murder - Times Online 8/21/09

Jasmine Fiore, 28, a former swimsuit model beauty, was found dead on Saturday, August 15, 2009 in Los Angeles. Her body was found strangled left in a suitcase in Buena Park, CA. Later that day, her husband Ryan Alexander Jenkins, 32, reported her missing and subsequently, Mr. Jenkins has gone missing as well. Jenkins was a former contestant on VH1's dating reality show "Megan wants a Millionaire."

Police said that Fiore was last seen alive on Friday night at her Los Angeles home. She and Jenkins were planning on attending a poker party in San Diego that evening. Police have stated that Jenkins is a "person of interest" in the investigation. Moreover, Police believe the Canadian citizen may be headed north to Canada in Fiore's 2007 Mercedes CL S550. Border authorities have been notified.

New Jersey Criminal Lawyer Blog's Take: When someone is called a "person of interest," it means the Police want to talk with this person and obtain a formal statement. Depending on the results of the statement, a person such as Jenkins in this case could be charged with the crime. The reason he is not a suspect at this time is probably because police are still investigating the crime.

There is a report from TMZ.com that says Jenkins publicist said that "Ryan is currently speaking to his attorney and will fully cooperate with the police in this matter. He is planning on meeting with them in the near future." This would be the logically step if Ryan has sought legal representation. However, the fact that he cannot be located does make one wonder if something else is going on in this matter.

It can be common for people to assume that someone is "hiding" something if one seeks an attorney at this stage. Actually, hiring legal counsel is the prudent move. The attorney should let the police department know that the person has hired legal counsel. Therefore, any communication between the "person of interest" and the police will be handled through the attorney's law office. The attorney will then let the police gather their facts and then determine whether his client is going to give a formal statement. If the client rushed to give a formal statement it could allow the police to confuse the person and get answers the police want rather than objectively conducting an investigation.

In this instance, the issue is the fact that Jenkins has disappeared altogether. Besides, the poor impression it makes it could create a bigger problem when he is eventually caught. If the TMZ.com report is accurate and he has retained a lawyer, the first thing his attorney should advise him is that he should return to the area. Although, they may hold off on a formal statement at this time; nonetheless, the police know where Jenkins is located when the time comes to question him about Fiore's death.

Reality Show finalist sought in Swimsuit model's murder - Fox News 8/19/09

VH1 Reality Show Contestant sought - ABC News 8/19/09