New Jersey Criminal Defense Law Blog

Felony Offenses in New Jersey

John Marshall — Sun, 14 Mar 2010 21:21:00 -0500

The framework for classifying criminal charges in NJ does not follow the traditional approach of many states. Most jurisdictions categorize crimes in terms of Misdemeanor and Felony Offenses. Our criminal code does not subscribe to this approach and, instead, speaks in terms of Indictable Crimes and Disorderly Persons Offenses.

A felony is typically viewed as any charge that involves a potential period of incarceration of more than six (6) months. Under New Jersey law, this would include First Degree, Second Degree, Third Degree, and Fourth Degree crimes. All of these grades of offense involve jail exposure exceeding a year. Therefore, they fall within the traditional definition for a "felony". Additionally, the US Constitution mandates that a state indict an individual before they may be convicted of a "crime" or felony. First, Second, Third, and Fourth Degree crimes carry a right of indictment in NJ so they, again, are felonies on this basis as well.

This explanation is provided as individuals are often unaware of whether they are the subject of a felony or misdemeanor when they receive a complaint. If the charge involves a crime of any "Degree", it is a felony.

NJ Disorderly Persons Offenses & Charges

John Marshall — Sat, 06 Mar 2010 05:58:29 -0500

Disorderly Persons Offenses comprise a significant percentage of the criminal cases pending every year in New Jersey. In fact, the Administrative Office of the Courts indicates that over 250,000 petty disorderly persons and disorderly persons charges were filed over the six months ending January 1, 2010. While that certainly is a significant number, most people have little idea what is involved when they are arrested or charged with this pedigree of violation.

The terms "disorderly persons offense" or "petty disorderly persons offense" largely arise out of the definition of classes of offenses found in the NJ Criminal Code. In this regard, N.J.S.A. 2C:1-4 indicates that every violation of the code is either a "crime" or a disorderly persons offense (including petty). When an individual is convicted of a "crime" he or she loses certain rights under the New Jersey Constitution, including the right to vote and sit on a jury.

When a particular violation constitutes a petty disorderly or disorderly persons offense as opposed to a "crime", it will indicate as such in the related law. An offense is a crime whenever it is referred to as a crime of the First Degree, Second Degree, Third Degree or Fourth Degree. These are also referred to as NJ Indictable Offenses. They are indictable charges because the law affords a right to presentation and indictment by a Grand Jury. There is no right to presentation of a disorderly person offense to a grand jury nor, for that matter, presentation of a case to a jury at all. The vast majority of disorderly persons offenses are therefore heard in Municipal Court, which has original jurisdiction over these types of cases. An attorney appointed by the municipality to act as its judge presides over and decides all cases in Municipal Court. Common types of disorderly persons charges are possession of less than 50 grams of marijuana, shoplifting something with a value of less than $200, and harassment.

While a disorderly persons offense is not a "crime" under NJ law, a conviction results in a criminal record that is not eligible for expungement for five (5) years. This means that a conviction shall follow an individual around for a minimum of 5 years absent defense and/or a downgrade of the charge. Another collateral consequence of a NJ Disorderly Persons Offense is the potential penalties, including up to six (6) months in jail, fines, probation, and even drivers license suspension. If you require additional information or assistance regarding a disorderly persons offense, do not hesitate to contact our office at 1-877-450-8301 to speak to one of our attorneys without obligation.

Prescription Opiates and Heroin: Two Paths that Often Converge

John Marshall — Fri, 12 Feb 2010 17:50:50 -0500

I am certain that most individuals who abuse opiate prescription drugs have little thought of progressing to heroin. Nonetheless, when doctors refuse to refill prescriptions and/or the drugs become prohibitively costly, a readily accessible and cheaper form of opium is frequently enlisted - heroin. This pattern of progression to heroin is illustrated over and over again in our practice every day. Consider the following three (3) stories.

The first client that comes to mind is a gentleman for whom I am now guardian. He was a fireman in a large NJ city and sustained many orthopedic injuries during the course of his job. These injuries gave rise to over 15 surgeries and years of opiate pain medication. Eventually, doctors realized that he was abusing the drugs although all recognized that he endured significant pain on a daily basis. While no one would suspect that he would resort to heroin, he did when the opiate medication was curtailed and he began to get sick. I am sorry to say that he overdosed on heroin shortly into his usage and this resulted in permanent brain damage for which he now resides in a nursing home. He has three small children.

Another story involves an individual who also sustained an orthopedic injury for which he was prescribed opiate pain medication. He also had problems with addiction to the medication and, in fact, entered a drug rehabilitation facility to combat his problem. Unfortunately, he decided to "party" with an aquaintence he met in rehab and the suggestion was made that he try heroin to quench his opiate thurst. I am sad to say that this short deviation into heroin also resulted in an overdose that proved fatal. This banker left a wife and three small children.

The third story, and the one which prompted this blog, involved a 24 year old young man I met today at the Middlesex County Jail. Although I knew that he had been battling heroin addiction for several years, I had no idea how it originated. Then I heard his story and immediately recognized so many attributes, including his obvious intelligence. He had sustained an orthopedic injury as a freshman at Rutgers University that resulted in his starting to consume opiate pain medication. He became addicted and experienced difficulty obtaining the medication, becoming very sick from opiate withdrawal. Someone suggested that he snort some heroin as it might combat his sickness. He took the suggestion and it started him off on a downward spiral whose end is still unclear. His future, which was once so bright, is now highly questionable and the pain caused to his family has been immeasurable.

I have many more stories of individuals resorting to heroin after a prescription drug habit cannot be quenched. My hope is that someone heading down the road of opiate prescription drug addiction recognizes that these stories are not so far fetched given the type of people I have described and does not make this progression. Indeed, every person in these stories came from good stable families and had absolutely no thought that heroin had any chance of crossing their path.

Handgun at an Atlantic City Casino: Prescription for Disaster in New Jesey

John Marshall — Tue, 09 Feb 2010 13:31:38 -0500

One would be shocked by the number of telephone calls I get every year from individuals arrested for illegal weapon possession at or on their way to a NJ casino. The scenarios go on and on. There is the guy who is charged when a pistol is discovered by police as a result of a domestic event with a wife, girlfriend, or boyfriend at a casino. We also find individuals running into trouble by virtue of partying in their room and the situation escalating to the point that the police are summoned. Another common scenario is the accused who leaves a weapon in his vehicle while or after valet parking, or in a bag at Atlantic City Airport.

The truth is that New Jersey takes unlicensed handguns very seriously and mandates imposition of a jail sentence in most cases. One would assume that this fact would prompt individuals to retain private counsel soon after arrest but the unfortunate reality is that the majority of the calls I receive involve out-of-state residents who take the charges lightly, opt for a public defender, and finally realize what they are up against when they are facing a plea cutoff. The plea cutoff typically requires that the defendant either accept a plea that involves 1 or 3 years of parole ineligibility, meaning that they must serve at least one year or three years of any sentence before they are even eligible for release from jail (e.g. 3 years with 1 year of parole ineligibility or 5 years with 3 years of parole ineligibility), or proceed to trial and face at least 5 years in jail if found guilty. Why do individuals repeatedly make this mistake -- a lack of knowledge of the law and penalties for unlicensed handgun possession in NJ. Indeed, what may apply in terms of handgun possession in states like, for example, Florida, Virginia, Georgia, Pennsylvania, has no bearing in this state.

My hope is that through blog posts like this and other information on the internet, suspects charged with possessing an illegal gun will seek legal assistance early. Perhaps, this will translate into better outcomes for the long list of defendants who end up contacting us when it is too late to avoid a mandatory jail sentence and/or conviction. An even more optimist goal is to encourage individuals to leave their guns at home when they visit New Jersey as there really is no legally permissible use for them within the state absent a license.

New Jersey Expungement Law Now Includes Drug Distribution & A Reduced Waiting Period For Indictable Offenses

John Marshall — Sat, 16 Jan 2010 21:00:45 -0500

While it is extremely rare that NJ legislators do anything that can be construed as favoring criminal defendants, that may just have happened last week when bill number A-1771 was signed into law. The legislation amends longstanding regulations regarding what can be expunged and the waiting period that must expire before a petition to expunge can be filed. New Jersey Expungement Attorneys and their clients will find these amendments extremely pleasing.

Under the new law, individuals who have been convicted of possession with intent to distribute controlled dangerous substances ("CDS") are now eligible for expungement. Previously, the only distribution charges that could be expunged were those involving "young offenders" who sold marijuana. The expungement law now expands eligibility to include all Third Degree and Fourth Degree drug distribution convictions, even those involving heroin, cocaine, crack and prescription drugs.

Another significant change contained in the law involves the reduction of the waiting period for expungement of indictable (a.k.a. felony) offenses from ten (10) years to five (5) years.

The new provisions of this law will undoubtedly help hundreds, if not thousands of individuals, to expunge criminal records which previously were permanent. This means that all those people who were convicted of intent to distribute marijuana, cocaine, or some other form of CDS decades ago, can finally get the monkey off their back. I can tell you first hand that this is going to make the lives of many individuals much better. I cannot explain just how many calls we field every year from individuals convicted years ago for distribution and who have suffered for their mistake every time they have attempted to get a better job. This issue can finally be put behind them.

Penalties for Unlawful Possession of a BB Gun, Pellet Gun or Air Soft Gun Can Be Severe Under New Jersey Law

John Marshall — Tue, 05 Jan 2010 04:24:58 -0500

The site of a crossman bb gun used to be commonplace in the homes of my friends when I was growing up. Once and a while, you would also come across a friend or his older brother that had a pellet gun. These days, the classic bb gun seems to have been replaced by what are commonly referred to as airsoft guns or even paintball guns. These items are often purchased by innocent children or adults who have absolutely no idea of the potential penalties and consequences of unlicensed possession under New Jersey Law.

As a New Jersey Gun Lawyer, I witness the havoc that an unlawful possession of a firearm charge can have on an individual possessing an airsoft, bb, or pellet gun without a license. The reason why this crops up stems from the fact that the definition of "firearm" under NJ Law includes a handgun or rifle whose projectile is fueled by air or an air cartridge. Accordingly, what is often viewed as a toy, is actually a gun under the law. See State v. Mieles, 199 N.J.Super. 29 (App.Div.), certif. denied 101 N.J. 265 (1985)(BB gun is a "firearm" under NJ law). This opens up a entire host of problems when someone is found in possession without a valid gun license and this can even include a charge of unlawful possession of a handgun with its mandatory parole ineligibility requirements. A great example of just how this can unfold was related in a news article regarding a boy exposed to a three year jail term for possessing a bb gun.

If you or a loved one has been charged with Possession of a Firearm for Unlawful Purpose or Unlawful Possession of a Gun, the situation is extremely serious. This is especially true where the airsoft or other form of air gun is used to shoot someone, scare someone, or even in conjunction with a theft. A thorough review of NJ Gun Laws, including those implicating these types of firearms, is contained at www.newjerseycriminallawattorney.com/CM/Custom/TOCWeapons.asp. It should be readily clear from both this article and the citations, that jail is a definite possibility in these types of scenarios absent some good lawyering. I am happy to report that we have been fortunate enought to avoid jail terms for our clients in these cases.

Do You Need An Attorney for NJ Simple Assault Charges?

John Marshall — Tue, 15 Dec 2009 20:42:13 -0500

Today, I received another telephone call from an individual who attempted to defend a simple assault charge on his own. The result was a conviction for simple assault in accordance with N.J.S.A. 2C:12-1. The man was extremely concerned about the impact the criminal record would have on his employment, as well as his immigration status. We are going to file an application for post-conviction relief to vacate the conviction and, if that fails, an appeal is contemplated.

In accordance with N.J.S.A. 2C:12-1, an individual may be found guilty of "simple assault" in New Jersey under any of three scenarios. The first situation is where an individual attempts to cause or recklessly, knowingly, or purposely causes bodily injury to another. The second scenario is where bodily injury is negligently caused with a deadly weapon. The third and final setting is where an individual attempts to put another in fear of serious bodily injury through physical menace. Simple assault is a disorderly persons offense except where it is the result of a fight by mutual consent, in which case it is a petty disorderly persons offense.

The error made by the individual who retained our office today was in attempting to defend himself. He candidly had no business playing around where the potential ramifications were so significant; unless or until we vacate the simple assault conviction, he shall possess a criminal record. There is little doubt in my mind that this outcome would have been avoided had we represented him. I think that the situation represents a perfect example of how individuals make the mistake of believing that a charge like simple assault does not require an attorney by virtue of not thinking through about what the potential ramifications shall be if they are convicted. It really is not worth the risk in my view given the marginal expense of hiring NJ Simple Assault Lawyers. I am certain that this individual will not make the same mistake again.

New Jersey Involved in Federal Arrest for Marijuana Distribution and Maintaining a Marijuana Production Facility

John Marshall — Wed, 25 Nov 2009 12:25:24 -0500

A massive seizure of marijuana plants, in excess of 1,000, was reported in the Star Ledger. The arrest was made in conjunction with a joint investigation involving the NJ State Police, Pennsylvania law enforcement, and the Drug Enforcement Administration ("DEA"). Approximately $100,000 in cash and 3 pounds of processed marijuana was also seized. It is believed that those arrested shall be charged with Marijuana Distribution, as well as Maintaining a Marijuana Production Facility. The case shall be prosecuted in Federal Court.

In accordance with New Jersey's drug distribution laws, possession of marijuana plants can have severe ramificatons. The penalties for this offense are stiff and include grading as a First Degree Crime to possess fifty (50) or more plants irrespective of the size of the marijuana growings. A crime of the First Degree carries not only ten (10) to twenty (20) years in prison, but automatically triggers the Brimage Guidelines. These guidelines set strict rules for plea offers and negotiations with those falling within its parameters.

As a practicing New Jersey Marijuana Distribution Attorney, I certainly appreciate the goal behind the NJ law concerning possession of marijuana plants. However, this regulation leads to extreme results in my view. For example, the high school senior who is growing small plants in the woods behind his house - should he be incarcerated for over a decade? I think most can glean my opinion in this regard. We will obviously have to continue this fight in our Courts as there is little likelihood of an amendment of this statute in my view.

Heroin Problem in Monmouth County is Second Only to Essex County

John Marshall — Wed, 25 Nov 2009 10:21:26 -0500

I think a poll of NJ residents would have little chance of identifying Monmouth County or Ocean County as top counties in terms of heroin possession and usage. The reality is, however, that Monmouth County ranked second behind Essex County in terms of heroin addiction. Ocean County was number five in terms of heroin addicts.

As a criminal defense attorney in New Jersey, I witness the aftermath of heroin possession, distribution and usage every day. Usage includes young and old, rich and poor, and does not delineate between man or women. The prevalence of heroin usage is staggering in my view and manifests just how robust the supply of dope is in NJ. Its cheap, readily accessible, and almost instantly addictive. To make matters worse, the primary means of controlling addiction is methadone - another drug that is highly addictive and ripe with dependency issues. I do not have the answer for the problem but simply know that it is growing every day. We help those that we can and keep our fingers crossed that our efforts provide some longterm benefit to the heroin user and their families.

NJ Fugitive from Justice Surrender Initiative is a Success

John Marshall — Fri, 20 Nov 2009 18:59:11 -0500

The topic of extradition is something to which I have published quite a few articles. This subject matter has, however, undergone a recent twist by virtue of the Fugitive Safe Surrender Initiative. This program allows an individual with an outstanding felony warrant to surrender himself without threat of additional penalty, for example, bail jumping. Most individuals who participate in the initiative will not be held and shall be released the same day according to NJ officials. An individual who takes advantage of the program can avoid extradition on an outstanding New Jersey warrant altogether by surrendering to law enforcement in accordance with this initiative.

The classic approach which we have taken in fugitive cases is to arrange a surrender whenever we are dealing with a defendant who wishes to voluntarily address outstanding charges. While surrender has often resulted in more favorable treatment than what would be the case if the client were picked up on the related warrant, situations like these typically are no cakewalk. The scenario is significantly different, however, by virtue of the Safe Surrender initiative. Since the stated purpose of the program is to encourage voluntary surrender, courts, prosecutors, and probation, are less apt to hammer fugitives and attorneys that take advantage of the program. Indeed, if treatment were otherwise, there would be a chilling effect on the goal of the initiative, namely, to foster surrender of New Jersey fugitives from justice.

Individuals who are the subject of a warrant in NJ for a non-violent felony offense, may want to consult an attorney immediately to explore a surrender. This may be an excellent opportunity to finally resolve criminal charges, a violation of probation, or parole violation, that has been outstanding for many years or even decades.

NJ Needle & Syringe Exchanges: Impact on Drug Paraphernalia Charges

John Marshall — Sun, 15 Nov 2009 09:35:46 -0500

I recently published several articles concerning the proliferation of heroin possession and related charges in NJ and note an interesting editorial in the Star Ledger on needle exchange programs. These types of programs arose almost two decades ago to combat the spread of AIDS. Public funding for syringe distribution has been a matter of controversy in the past and the escalation of the drug problem has translated into heightened use of this paraphernalia. New Jersey has been significantly lagging in this initiative and only opened these types of clinics a few years ago. But how does this tie into the New Jersey law prohibiting possession of drug paraphernalia?

The NJ Bloodborne Disease Harm Reduction Act was signed by Governor Corzine in 2006 and decriminalizes certain conduct relative to the exchange of needles. In particular, the law provides that:

[t]he possession of a hypodermic syringe or needle by a consumer who participates in, or an employee or volunteer of, a sterile syringe access program established pursuant to the bill will not constitute an offense pursuant to N.J.S.A.2C:36-1 et seq. This provision extends to a hypodermic syringe or needle that contains a residual amount of a controlled dangerous substance or controlled substance analog.

While the statute provides for relative immunity for workers in the syringe supply chain, there is no commensurate prohibition from prosecution for those who might otherwise be charged with possession of a needle for personal use. Notwithstanding, stated law enforcement commentators have indicated that enforcement of N.J.S.A. 2C:36-2 and 2C:36-6, the New Jersey Drug Paraphernalia Laws, is non-existent or extremely low in areas where a clinic has been established. Additionally, resolutions from city authorities that have clinics often indicate a policy to eliminate enforcement and arrest individuals possessing a syringe or needle by virtue of the exchange.

The honest truth is that in those NJ cities that have gone as far as to start a clinic, the incentive to police the related surroundings for paraphernalia is low. These are communities where there is a high incident of heroin use and where it is fundamentally more beneficial to control low end users and the IV transmission of disease rather than to make these types of arrests. My thought is that law enforcement shall have little visibility in these areas. Indeed, why spend community money to provide such a facility if you are only going to arrest people who come thereby eliminating the demand for the syringes.

Caught in NJ Trying to Fill a Fake, Forged or Stolen Prescription?

John Marshall — Fri, 13 Nov 2009 02:10:05 -0500

If you find yourself arrested or otherwise charged with a criminal offense because you attempted to fill a bogus prescription form, blank or tablet, you certainly are not alone. As the managing partner of a major New Jersey criminal defense firm, I can tell you that this may just be the most rapidly growing area of drug offense. Cases like these arise in a variety of settings including altered or altering a prescription (e.g. increasing the quantity of medication), forgery, forged or forging a prescription blank, calling in a fake medication order, or stealing prescription blanks. Whether it is an opiate based drug such as oxycodone, percocet, valium, roxicontin, or oxycontin, or some other prescription medication, prescription forgery, fraud, possession and theft is becoming more and more prevalent.

Charges or even an indictment for this type of conduct can be multi-layered. The reason for this is the fact that a white collar case involving prescription fraud can trigger implication of various laws and related penalties. For example, N.J.S.A. 2C: 21-1 sets forth the offense of prescription forgery, N.J.S.A. 2C:35-13 concerns prescription drug fraud, N.J.S.A. 2C:20-3 is the NJ law for theft by deception, and N.J.S.A. 2C:35-10.5 concerns illegal possession of prescription drugs. All four(4) statutes often come into play when someone is arrested for this variety of drug offense. While the applicability of so many potential violations can be somewhat overwhelming to a person charged in this setting, the good news is that these types of cases are often extremely defensible for lawyers possessing experience in these cases like our law firm.

East Orange NJ Heroin Arrests Are Up

John Marshall — Mon, 02 Nov 2009 15:09:28 -0500

With all the recent press regarding the abundance of heroin in New Jersey and the fact that the Airport and Port are the major points of entry, it should come as no surprise that East Orange is a relative hot bed for street sales. In response to this activity, the East Orange Police Department and Essex County Narcotics Task Force has turned up the heat. In the past two weeks alone, our attorneys have been consulted and/or retained in multiple cases involving intent to distribute heroin or simple possession of heroin in East Orange.

Most recently, I was retained earlier today to represent a 22 year old man from a middle class community. He routinely visited East Orange to buy heroin on the street. He was arrested based on apparent surveillance of a high crime area by police. Similar factual scenarios have been related by others charged with heroin possession in East Orange. There is little doubt, given what has been related by our clients, that law enforcement in East Orange has intensified its efforts to make heroin arrests. In point of fact, our client in this case related that there were as many as sixteen (16) young men and women in the holding cell as a result of attempting or conspiring to purchase heroin in East Orange.

The typical charge in these cases is Third Degree Heroin Possession. There are also those matters where distribution or trafficking is alleged but I have found these allegations to be a stretch by the street crimes unit. For the most part, we are talking about run of the mill possession cases involving young people addicted to heroin. Thankfully, we are able to resolve most of these cases with little long-term impact on the suspect's life from the perspective of court supervision and criminal record. Their battle to shake the addiction is a whole other question which can often linger.

165 Pounds of Heroin?

John Marshall — Fri, 23 Oct 2009 22:18:42 -0500

Fox News recently released a report that indicated that the largest heroin bust in New Jersey history took place in the last few weeks. The quantity of heroin - 165 pounds. By way of comparison, a total of 300 pounds was seized statewide in NJ during the entire calender year of 2008. The report reinforces the fact that the supply of heroin in New Jersey continues to grow as manifested by this record possession.

Fortunately or unfortunately, our criminal defense firm has occasion to defend more and more individuals on heroin charges. The pain and misfortune that individuals can experience as a result of involvement with this drug is inescapable. It seems that the wreckage of heroin is virtually endless. All that one has to do is walk into any County Drug Court and recognize that individuals often accrue years of criminal arrests for heroin possession after they become hooked on the drug. The sad point is that while we succeed in keeping most of these individuals out of jail (even in heroin distribution cases), the number of people who find themselves charged with a heroin offense continues to grow.

Heroin Distribution on the Rise in New Jersey

John Marshall — Sun, 18 Oct 2009 13:45:11 -0500

I am not surprised to learn that there has been an increased supply of Heroin in New Jersey. We have definitely noticed a spike in the number of individuals charged with Heroin related offenses and the article I just read in the NY Times concerning the clearance of heroin in Asia may explain why the number of arrests is up.

The political turmoil in Southeast Asia and, in particular, Thailand, has apparently prompted growers to wholesale heroin at record low prices. They are unloading supply in hopes of collecting their money now rather than risking losses associated with a change in politics in their counties. The report went as far as to indicate that some heroin suppliers are selling on credit. It hard to believe - distribution of heroin on credit! The increased supply of heroin provides some explanation of why we are seeing a heightened incidence of suspects arrested for heroin possession and so too, possession with intent to distribute heroin, in New Jersey.

What has gone into defending this influx of heroin charges has really depended on the severity of the offense. With three criminal defense attorneys, two former prosecutors, and over sixty (60) years in practice, we have been asked to defend everything from Third Degree possession offenses to First Degree Drug Kingpin arrests. We can only hope that our success in defending these new cases is consistent with that which we have enjoyed in the past.

New Jersey Shoplifting Conviction Needs to be Avoided by a Visa Holder

John Marshall — Sat, 17 Oct 2009 07:57:04 -0500

New Jersey court statistics show that shoplifting arrests are up throughout the state. Many attribute this to the downturn in the economy. Irrespective, it is clear that our criminal defense law firm has seen a spike in retail theft charges. A significant portion of those arrested involves suspects who are not a citizen, for example, a green card holder or even visa holder (e.g. H1 or H4). A shoplifting conviction can be particularly troublesome for such a person.

When someone is admitted to the country on a temporary basis, it is typically achieved through an immigration visa. When the admission stems from sponsorship by an employer, it is termed a H1 visa. The dependents of someone holding a H1 visa are also admitted into the country under a H4 visa. Both H1 & H4 visas are temporary and must periodically be renewed or extended. A shoplifting conviction can, however, significantly complicate this effort.

There are various basis for Removal, also referred to as Deportation, or non-renewal of a visa by immigration authorities. A single conviction for shoplifting traditionally provided no issue as to Deportation, Removal or Non-Renewal but we are finding that this is not necessarily the situation for H1 & H4 visa holders these days. We recently had an individual held up by Homeland Security, Customs and/or INS, upon returning to New Jersey from oversees. The client had apparently pled guilty to shoplifting years prior and was now consulting us because their immigration status was in jeopardy because of the conviction. We were consulted for purposes of filing an application for Post-Conviction relief. The petition to vacate the shoplifting conviction is pending. The immigration status of our H4 client and her husband, a sponsored employee on a H1 visa, is at serious risk. It is unfortunate that cultural differences and a lack of knowledge concerning the NJ legal system often motivate immigrants to simply plead guilty and/or hire the cheapest lawyer they can find. Such a decision can have potentially disastrous consequences. I am hoping we can overcome the poor decision of our client in this case and avoid Deportation.

Heroin Possession Rises in New Jersey With Purity of Drug

John Marshall — Fri, 16 Oct 2009 19:08:21 -0500

The Star Ledger recently reported that NJ bears the accolade of having some of the purest heroin in the nation. The reason for the potency of the heroin relates to the ease to which heroin is smuggled into the state. Our various seaports and Newark International Airport apparently make for an enticing entry point for heroin. Insofar as the drug enters the country here, it is less apt to be cut thereby correlating into heroin that is, on average, 72% pure.

The frequency of Heroin Possession and Intent to Distribute charges seems to rise continuously at our criminal defense firm. This should probably be no surprise given the fact that the DEA reports that use of heroin is double the national average in New Jersey among young adults. We witness all walks of life being arrested for heroin offenses. This is a powerful and high addictive opiate for anyone who makes the decision to ingest it more than once. Thankfully, we can assist many defendants who have been charged with heroin related crimes before they reach the point of no return.

International Extradition Appeal Fails

John Marshall — Sat, 10 Oct 2009 23:18:52 -0500

The subject of extradition has seen recent attention in the last several weeks. A major portion of this publicity has come as a result of the Roman Polanski case. Mr. Polanski is in the process of being extradited to the United States. In another case, a UK hacker who apparently broke into United States military computers, has lost his fight and the extraditing process shall now be effectuated.

We receive calls and are consulted, over and over again, by individuals interested in Fighting Extradition to New Jesey. The honest truth is that avoiding extradition is extremely rare and objections often only serve to delay the inevitable. An Extradition Waiver can avoid this delay but that was not something which the UK Hacker was willing to adopt. The same appears to be the case with Mr. Polanski who is preparing to fight transport back to authorities in the United States. I am not optimistic that his fight shall have any success given my experience in NJ Extradition.

Extradition is on the Rise in New Jersey

John Marshall — Sun, 20 Sep 2009 06:53:03 -0500

There is no doubt that extradition has been a practice area of criminal law for decades in NJ but I have definitely witnessed a rise in activity. In fact, the US Marshalls service and state law enforcement undertook an initiative approximately six (6) months ago to roundup fugitives from justice. Our office was consulted and/or retained on several cases arising out of this effort and some individuals were to be extradited on warrants that originated as much as fifteen (15) years old. But what does this renaissance in the government's interest to extradite really mean for the public and legal community?

My impression is that a lot of the renewed interest has to do with money. Almost every state and the Federal Government are strapped for funds so a nice target is fugitives. If someone has fled a jurisdiction before completing probation or parole, or before resolving a criminal charge, they are deemed criminal fugitives; the term of art is "fugitive from justice". Not only First Degree and Second Degree Crimes carry the potential for someone being extradited - Third and Fourth Degree charges can also provide a basis to extradite. There certainly is no compelling reason to have any sympathy for these individuals in the eyes of the general public. And if a defendant is going to have any chance of resolving his underlying criminal charges he or she is going to have to make good for all kinds of financial liabilities to the government including extradition costs and expenses, bail, contempt orders, probation and parole fees, etc. This all means not only revenue to the states and/or federal government but also good public relations.

In tough times like these, government is exploring all avenues to generate revenue. Fugitives are much like lawyers - a group to which the general public is not sympathetic. Perhaps this analogy is an extreme but I would have to admit that it really is not far off. Bring on the orders and warrants for extradition for our brethren.

Aggravated Assault Charges Filed Against Westfield Woman

John Marshall — Sat, 22 Aug 2009 19:08:18 -0500

I have posted many times on the subject of Assault by Auto in DWI cases. Many individuals may think that these types of charges only effect "problem" individuals. This interpretation could not be more off base and, if you read the StarLedger recently, you would have witnessed this first hand. In this regard, a 55 year old woman from Westfield, who never had any problems with the law previously, struck a pedestrian in the parking lot of Lord & Taylor. It later turned out that this driver was driving while intoxicated.

The suspect in this case was originally issued several motor vehicle summonses. Further investigation apparently substantiated probable cause to issue indictable felony charges. As a result, the motorist was arrested this week on a charge of Aggravated Assault. This offense can be very serious and even includes a grade of Second Degree where injuries are serious enough. I would suspect that this charge is Third Degree based on the facts and the bail amount of $20,000, which is in the range of a Third Degree Aggravated Assault. The defendant is definitely in need of a solid Union County Aggravated Assault Attorney as incarceration could be a possibility depending on the seriousness of the injuries involved, the position of the victim on sentencing, and other factors. My real point is that someone from an affluent community, who is otherwise law abiding, can also be the subject of an Aggravated Assault. The poor judgment in getting into her car drunk could lead to severe penalties for this middle aged suspect.