New Jersey Criminal Defense Journal

Defendant attacks his own lawyer during trial

Travis Tormey — Wed, 03 Mar 2010 11:11:46 -0500

A criminal defendant from Neptune attacked his Public Defender during a trial at the Ocean County Superior Court in Toms River on Tuesday. The Defendant, who is facing a multitude of charges including aggravated assault on a police officer and eluding police, smacked his lawyer in the face above his eye during the trial and right in front of the jury. I wouldn't say that this is the best strategy to win over a jury. Then, later in the afternoon, the Defendant, now shackled because of the first outburst, grabbed a microphone from the defense table and threw it at his attorney who blocked the object with his foot. For an image of this throw and the block by this lawyer, please see the Asbury Park Press article entitled, "Defendant attacks his own lawyer twice in court". Even after the Defendant attacked his lawyer twice, the Public Defender gave his summation to the jury and asked them to acquit the defendant on these charges. What a trooper huh? I have to say, it would have been difficult to continue to represent someone who just assaulted me and it also would have been difficult not to retaliate after being smacked in the face by another human being. In any case, thankfully I have never been assaulted by a client during a trial and hopefully never will be.

Long Branch man enters guilty plea after case is reversed on appeal

Travis Tormey — Tue, 02 Mar 2010 10:21:06 -0500

A Long Branch man plead guilty Monday to charges of aggravated manslaughter and armed robbery in Monmouth County Superior Court and faces up to 50 years in state prison as a result of the plea. The Defendant had his 2006 murder convicted overturned on appeal by the New Jersey Appellate Division based on several errors made by the trial court. According to the Asbury Park Press article, "Bruce D. Beacham Jr., 29, was found guilty of felony murder and aggravated manslaughter by a Monmouth County trial jury in the May 10, 2004 shooting death of 22-year-old Luis Gonzalez during an armed robbery of the man's Long Branch apartment." The Defendant admitted, as a factual basis for his guilty plea, that he and his co-consirator broke into the victim's apartment in search for drugs and money but were interrupted when the victim and his friends returned to the apartment. The Defendant was struggling with the victim when his gun fired and hit the victim in the head. Following the trial in 2006, the Defendant was sentenced to 40 years in State prison. As a result, it looks like although the appeal was successful and the case was remanded back to Monmouth County Superior Court for trial, the Defendant and his attorney decided to plead guilty rather than take the case to trial a second time.

Lawmakers Consider Privatizing the Monmouth County Jail

Travis Tormey — Fri, 26 Feb 2010 15:10:47 -0500

A Monmouth County Board of Freeholders created a panel this past week to study whether the Monmouth County Jail, located in Freehold, New Jersey, down the street from the Monmouth County Superior Court, should be privatized. Currently, the 1,328-bed facility is run by the State and is currently paid for by the county tax levy.

According to the Asbury Park Press article entitled "Panel formed to study privatizing county jail", there are currently no county jail systems in New Jersey run by private companies but Camden County is also considering privatizing their facility. According to the article, public employee union contracts for the 300 corrections officers are no longer sustainable. The Monmouth County Jail's payroll for last year was $36.5 million.

It appears that the corrections officers are not happy about this possibility of privatization. I can't blame them. From my experience, the Monmouth County Jail is run very well and is a highly functioning facility. I am at the jail on a weekly basis meeting with clients and I have never experienced any issues or problems with the jail. As you might expect, that is not always the case when it comes to jails. As a result, I think the jail should remain a publicly funded and run facility.

New Jersey Gun Laws: The Graves Act

Travis Tormey — Thu, 25 Feb 2010 16:15:54 -0500

In New Jersey, we have some of the most strict gun laws in the nation. In particular, the Graves Act , N.J.S.A. 2C:43-6, requires mandatory jail time and periods of parole ineligibility for certain gun offenses as well as for certain other offenses which were committed while in possession of a firearm. As a result, it is difficult to plea bargain many of these cases. This leads to more trials like the recent gun trial in Monmouth County in which we obtained a not guilty verdict from the jury.

Specifically, the Graves Act in New Jersey provides for mandatory imprisonment and parole ineligibility for certain crimes including:

Sawed Off Shotgun Possession - N.J.S.A. 2C:39-3(b)
Possession of a Defaced Firearm - N.J.S.A. 2C:39-3(d)
Possession of a Firearm for an Unlawful Purpose - N.J.S.A. 2C:39-4(a)
Unlawful Possession of a Machine Gun - N.J.S.A. 2C:39-5(a)
Unlawful Possession of a Handgun - N.J.S.A. 2C:39-5(b)
Unlawful Possession of a Rifle or Shotgun - N.J.S.A. 2C:39-5(c)
Certain Persons Not to Have Weapons - N.J.S.A. 2C:39-7
Manufacture, Transport of a Machine Gun - N.J.S.A. 2C:39-9(a)
Manufacture, Transport of a Sawed Off Shotgun - N.J.S.A. 2C:39-9(b)
Manufacture, Transport of Defaced Firearms - N.J.S.A. 2C:39-9(e)
Manufacture, Transport of Assault Firearms - N.J.S.A. 2C:39-9(g)

Further, if the Defendant is accused of committing or attempting to commit any of the following offenses while using or in possession of a firearm, the Graves Act requires mandatory prison time and parole ineligibility:

Homicide - N.J.S.A. 2C:11-3
Manslaughter - N.J.S.A. 2C:11-4
Aggravated Assault - N.J.S.A. 2C:12-1(b)
Kidnapping - N.J.S.A. 2C:13-1
Sexual Assault - N.J.S.A. 2C:14-2(a)
Aggravated Sexual Contact - N.J.S.A. 2C:14-3(a)
Robbery - N.J.S.A. 2C:15-1
Burglary - N.J.S.A. 2C:18-2
Escape - N.J.S.A. 2C:29-5

Long Branch police officer arrested and charged with aggravated assault

Travis Tormey — Tue, 23 Feb 2010 14:16:09 -0500

A Long Branch police officer has been arrested and suspended from the force after he was charged with second degree aggravated assault in connection with an altercation outside a nightclub. The alleged assault of a 33-year-old Neptune man resulted in a broken jaw among other injuries. The police officer has been suspended from his job without pay. According to the Asbury Press Article, the officer was involved in the January 31 assault outside the Headliner Night Club in Neptune, New Jersey. The police officer was released on $25,000 bail with a 10% option.

This sounds like a typical bar fight or altercation outside of a bar or nightclub. Many times, individuals have too much to drink and get involved in incidents that they otherwise would not have been involved in. We'll see if the officer has any claims for self-defense or that this was a consensual fight that he happened to get the best of. This will change the types of penalties and jail time that he may be facing. However, because it is a 2nd degree charge for aggravated assault, there is a presumption of incarceration associated with any second degree crime even if the defendant has no prior record. We'll see how this case develops.

Recent Burglary Incidents in Little Silver

Travis Tormey — Thu, 18 Feb 2010 13:08:59 -0500

In a recent Asbury Park Press article, Little Silver residents have been warned regarding a recent series of burglaries in the area. On February 10th or 11th, a burglar entered a garage of a residence on Little Silver Point Road. On Tuesday or Wednesday of last week a home on Riverview Avenue was burglarized and two more homes on Paag Circle were also burglarized. All the burglaries happened sometime between the late evening and early morning hours and electronics and jewelry were stolen from the homes involved. Police are reminding residents to lock the doors and windows to their homes and activate their home alarm systems if they have them.

Anymore with information regarding these recent burglaries in Little SIlver is asked to contact Detective Sgt. Daniel Shaffery or Patrolman Gregory Oliva at (732)747-5900.

Iler Law Firm wins Gun Possession Trial in Monmouth County

Travis Tormey — Wed, 10 Feb 2010 17:36:01 -0500

The Iler Law Firm recently tried a case at the Monmouth County Superior Court in Freehold, New Jersey. Our client, a 22-year-old defendant from Long Branch , was charged with unlawful possession of a weapon in the second degree. He was facing a ten-year jail sentence if convicted with a 5-year minimum term of parole ineligibility. In other words, he would have served at least 5 years in state prison before he would have been eligible for parole if convicted of this crime.

Alexander M. Iler and I tried the case at the Monmouth County Superior Court. The parties selected a 14 person jury (12 jurors and 2 alternates) and the State put on their case. Then, the defendant presented his case to the jury and testified on his own behalf. Both sides presented their closing arguments and the case went to the jury for a verdict. Following a short deliberation, the jury returned a verdict of "not guilty" and the defendant was free to go. This was an extremely exciting time for the defendant, his family, and the Iler Law Firm. As you can imagine, this young man's life would have been very different had he been found guilty and spent a minimum of five (5) years in state prison. This result was extremely rewarding to the firm.

Field Sobriety Tests in New Jersey Drunk Driving Cases

Travis Tormey — Mon, 01 Feb 2010 12:09:22 -0500

There is no statutory requirement that an arrested defendant perform field sobriety tests at the request of a law police officer. Field sobriety tests are the psychophysical tests that the officer asks you to perform which can include the "horizontal gaze nystagmus test" (HGN test), the "walk and turn test", and the "one-leg stand test". However, the duty to submit to field sobriety testing has been established through case law in New Jersey. In State v. Macuk, the court held that "[t]here is a clear legal right to require a motor vehicle operator, arrested on probable cause for 'driving under the influence' or 'while impaired' to submit to a chemical test of bodily substances to determine the amount of alcohol in his blood, or, for that matter, to a physical coordination test." There is no statutory penalty for refusal to submit to field sobriety tests. But, there is an express duty to submit and no right to refuse and this fact can be used against the defendant at trial.

For additional information, please see my DWI page on the Iler Law Firm website.

New speedy trial DWI case comes down from the Appellate Division

Travis Tormey — Fri, 22 Jan 2010 13:14:07 -0500

The Appellate Division came down with an important decision last week regarding a drunk driving case in North Brunswick, New Jersey. The Court vacated a DWI conviction which came three and a half years after the defendant was charged with drunk driving. The Court found this to be a violation of the defendant's Sixth Amendment right to a speedy trial. In the opinion, State v. Iskander, the Court found the lenghty delay to be largely the fault of the Municipal Court judge and the prosecutor. The case was stayed while the arresting officer served 13 months on military deployment but the rest of the delays were based on the State's failure to provide discovery and the Court's faulty scheduling practices. The defendant entered a conditional plea of guilty pending his appeal based on a denial of his right to a speedy trial. This appeal was heard in Middlesex County Superior Court and denied. As a result, the defendant's counsel appealed this denial to the Appellate Division and was ultimately successful.

Removal from Megan's Law in New Jersey

Travis Tormey — Fri, 22 Jan 2010 11:28:34 -0500

Under New Jersey law, after fifteen (15) years, individuals who have been convicted of certains sex crimes can move to terminate the obligation to register and/or be released from parole supervision. Megan's Law became effective on 10/31/94 so many individuals are now eligible to be removed from Megan's Law registration requirements if certain criteria are met.

A Motion to be removed from Megan's Law must be filed with the Assignment Judge in the County in which you were convicted of a sex crime. A copy of this motion must be sent to the County Prosecutor's Office in the County in which you were convicted or plead guilty. The Motion must include the date of conviction. Also, you should consult an experienced criminal defense attorney to determine whether or not you are eligible for removal. For example, certain crimes like first degree aggravated sexual assault or a sexual assault on a minor prevent you from filing this Motion for Removal. In the motion, you must show the Court that you are no longer a threat to the community and you have not committed any other offenses. Remember, fifteen (15) years must have elapsed since the date of conviction for you to be eligible for removal. Finally, many Judges are requiring a psychological evaluation and report as part of the Motion for Removal.

If you are interested in filing a Motion for Removal from Megan's Law, please contact myself or Alexander Iler at (732)842-7787.

Potential Resolutions to Juvenile Cases in New Jersey

Travis Tormey — Wed, 20 Jan 2010 16:28:15 -0500

Here are some potential resolutions/outcomes to Juvenile cases which are held in Superior Court, Family Division in New Jersey.

Juvenile Conference Committee: A Juvenile Conference Committee is comprised of a group of citizens who have been trained to conduct these hearings and volunteer to participate in the panel. These members of the Committee have been appointed by the Presiding Judge of the Family Division in the County in which the juvenile is charged. The parent or guardian, the juvenile, and the complainant or victim are allowed to participate and discuss the alleged charges with the Committee as well as any surrounding factors. The Committe does not determinen the guilt or innocence of the juvenile. This is an informal discussion among the parties in an attempt to achieve a resolution of the matter. The Committee considers the facts and charges and makes a recommendation in order to rehabilitate the minor. This resolution which will be proposed by the committee can include curfew, counseling, community service, evaluation, restitution, etc. If all parties agree on the proposed resolution, an agreement is signed which lays out the conditions and a time frame for them to be completed.

Intake Services Conference: The Intake Services Conference is conducted by a Probation Officer in a Superior Family Court in New Jersey. This conference is very similar to the Juvenile Conference Committee. The Probation Officer will make a recommendation to the parties which may include any of the conditions listed above under the Juvenile Conference Committee.

Formal or Counsel Mandatory Court: A Formal hearing can only be conducted by a Judge in Superior Court, Family Division. In these hearings, the juvenile must be represented by an attorney. The juvenile must plead guilty or not guilty to the charges. If the minor pleads not guilty, a trial will be scheduled. The Judge decides the guilt or innocence of the minor at trial.

Informal/Juvenile Referee or Counsel Non-Mandatory Court: A Juvenile Referee has been approved by the Supreme Court. This individual may be a Judge or a Hearing Officer who oversees this informal proceeding. He or she will review the case and make a recommendation to the Family Court Judge regarding a potential resolution to the matter. If the juvenile's representative or parent disagrees with the recommendation of the Referee, the case will be heard by a Judge at a Formal Court Hearing. At that hearing, the Judge will decide the case and, if he or she finds the juvenile guilty, the Judge will impose a disposition.

Frequently Asked Questions in New Jersey Juvenile Cases

Travis Tormey — Mon, 18 Jan 2010 14:00:06 -0500

Here are some Frequently Asked Questions (FAQ) our criminal defense firm receives pertaining to New Jersey Juvenile cases:

What is Station House Adjustment?

Station House Adjustment allows law enforcement officers to resolve minor issues without the necessity of filing a formal Complaint with the court. A police officer can ask the parent or guardian of the juvenile along with the victim, if willing, to come to the police station and discuss a possible resolution to the case. The juvenile and the parent or guardian are asked to assure the police officer that the juvenile will "stay out of trouble" and not commit any future offenses. The police officer can refer the child to a variety of services and programs and may also require the juvenile to make restitution in some form if property has been stolen or damaged. Also, community service or written essays may be required.

Who is eligible for Station House Adjustment?

Any juvenile who has been arrested and charged with a Petty Disorderly Persons Offense (known as a "PDP") or an ordinance violation may be eligible. Also, in some cases where the juvenile has no prior record, they may be eligible even if charged with a 4th degree offense. Juveniles with more serious charges, or that are on probation, or that have charges already pending are not eligible.

Does the Juvenile need a lawyer?

A parent or guardian is always permitted to hire an attorney to represent a minor at any court appearance. Further, in certain Formal and Counsel Mandatory Court proceedings, the minor must have an attorney. Some other complaints do not require an attorney to be present. However, if there is a threat of incarceration, the Court will require that the minor be represented by counsel.

What are Detention Alternatives?

Detentional Alternatives are other options besides incarceration which are available to the Judge when deciding whether to detain the minor in the Youth Detention Center. A Detention Alternative program allows the minor to be supervised in the community while charges are pending. The primary goal of the detention alternative program is to ensure that the minor appears in court when required and does not commit any further offenses if released from custody. If the minor is accepted into the program, he or she will be supervised by the Detention Alternative Coordinator and will be required to follow specific guidelines (similar to probation for adult offenders). Non-compliance with these guidelines will result in the minor being placed in a Youth Detention Center.

The Juvenile Justice System in New Jersey

Travis Tormey — Mon, 18 Jan 2010 09:52:31 -0500

I am often consulted at my Red Bank, New Jersey office by parents regarding offenses committed by their young children. Here is a brief overview of the Juvenile Justice System in New Jersey. The Juvenile Court system in New Jersey is very different from the adult court system. The defendant, a juvenile under the age of 18, has had a formal complaint signed against him/her and is being charged with "delinquency". Delinquency is an act that would be a crime, an offense, or a violation if the act had been committed by an adult. The Complaint describes the facts that the defendant allegedly committed and the violation of the law that the defendant is being charged with. The parent or guardian will receive a copy of the Complaint. Most juvenile complaints are signed by the police either based on personal knowledge or information supplied by others (witnesses). Complaints can also be signed by school officials or the victim of a crime.

If the defendant (the juvenile) is required to have an attorney, the parent or guardian is required to retain one. If you cannot afford an attorney, you can fill out what is known as a "5A" application to determine if you are eligible for a pubic defender. However, if you do not financially qualify for a Public Defender, you must hire an attorney.

I am often asked whether or not the juvenile can and will be detained. A child can be detained upon the signing of the Complaint under certain circumstances. In determining whether detention is appropriate, the following factors must be considered: the health, the safety, and the welfare of the juvenile; the age of the juvenile; the juvenile's ties to the community; the juvenile's prior record; the nature and circumstances of the alleged offense; and the juvenile's record of appearance or nonappearance at prior court proceedings. If the juvenile is detained, an initial detention hearing must be held no later than the morning following the juvenile's placement in a juvenile detention facility. At this jearing, the Judge decides whether or not the juvenile should be released. The parent or guardian is expected to appear at all hearings involving the minor.

Medicinal Marijuana Bill Approved in Legislature

Travis Tormey — Wed, 13 Jan 2010 15:54:02 -0500

A new bill has passed through the Assembly and Senate which would allow some severely ill patients in New Jersey to be treated with medicinal marijuana. Governor Corzine has said that he will sign the bill into law. This bill is that much closer to becoming law after the Assembly voted 48-14 in favor of the bill (this means that 14 New Jersey lawmakers skipped the vote). The Senate voted in favor of the bill 25-13. According to lawmakers, this will be the "strictest medical marijuana law in the nation" as the bill was carefully drafted to include many hurdles and safeguards to make the medicinal marijuana hard to obtain. Also, according to the Asbury Press Article, the criminal laws will still apply to those individuals who are legally prescribed marijuana and get behind the wheel of a car. These individuals would still face driving while intoxicated (DWI) charges based on their choice to drive while under the influence of marijuana. It will be interesting to see if this bill actually becomes law and the ramifications for criminal law in New Jersey.

Gang member pleads guilty in connection with Asbury Park shooting

Travis Tormey — Tue, 29 Dec 2009 11:37:35 -0500

A well known Asbury Park gang member plead guilty to first degree aggravated manslaughter, first degree conspiracy to commit murder, and several weapons offenses in connection with a 2006 shooting which left a 21-year-old dead. In exchange for his guilty plea, the Monmouth County Prosecutor's Office agreed to recommend 30 years in prison for the 22-year-old member of the Bloods. According to the Asbury Park Press article, the victim was shot and killed outside the Frederick Douglas apartment complex on Mattison Avenue in Asbury Park as part of a dispute among members of the same Bloods sect. Several other gang members have also plead guilty in connection with this killing.

18-year-old Maryland teen charged with sexual assault of 12-year-old girl

Travis Tormey — Mon, 28 Dec 2009 15:07:03 -0500

A Maryland man was arrested and charged with sexually assaulting a 12-year-old Manalapan girl this past week. The 18-year-old was arrested early Saturday morning after the alleged victim's parents reported the incident to police. According to the Monmouth County Prosecutor's Office, the assault took place late Christmas night at the victim's home. The alleged sexual conduct is believed to be consensual but, based on the victim's age and the age difference between the parties, the State has charged him with aggravated sexual assault and endangering the welfare of a minor. For additional information, see the Asbury Park Press article entitled "Teen arrested, accused of sexually assaulting 12-year-old Manalapan girl".

In New Jersey, there is not a statutory rape charge. Instead, individuals facing charges like these are charged with aggravated sexual assault which provides:

§ 2C:14-2. Sexual assault

a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The victim is less than 13 years old;

(2) The victim is at least 13 but less than 16 years old; and

(a) The actor is related to the victim by blood or affinity to the third degree, or

(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or

(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;

(4) The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7) The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

Aggravated sexual assault is a crime of the first degree.

b. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

(2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;

(3) The victim is at least 16 but less than 18 years old and:

(a) The actor is related to the victim by blood or affinity to the third degree; or

(b) The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or

(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

Sexual assault is a crime of the second degree.

New Appellate Division decision regarding drunk driving and the right to a speedy trial

Travis Tormey — Wed, 23 Dec 2009 09:07:50 -0500

A decision came down from the Appellate Division last week regarding a defendant's right to a speedy trial in a drunk driving or driving while intoxicated (DWI) case in New Jersey. In State v. Tsetsekas, the Appellate Division held that the defendant's right to a speedy trial was violated when the State repeatedly failed to bring him to trial and there was an extensive delay in adjudicating his DWI charge. This is a violation of his due process rights in New Jersey. This extensive delay, almost one-year to prosecute the defendant for drunk driving, was based on the State's inability to provide discovery evidence (a videotape) and the State's failure to subpoena witnesses and prepare for trial. The State received four adjournments for the failure to provide the discovery evidence and at least three more were granted based on the State's witnesses (the State troopers) failure to appear at trial. As a result, the Appellate Division dismissed the charges against the defendant based on a violation of his due process rights and a violation of his right to a speedy trial in New Jersey. For a complete copy of the judicial opinion, see the New Jersey Judiciary website.

The Iler Law Firm currently has an appeal out of Morris County that is strikingly similar to this case. In our case, the Morristown Municipal Court took approximately 405 days to prosecute our client for driving while intoxicated (DWI). The reason for this extensive delay was the State's failure to provide basic discovery evidence which included the certification card of the officer who operated the breathalyzer machine and the videotape evidence of the field sobriety tests. Without the certification card, the breath test readings are inadmissible and the State can only try the case on the physical tests. However, without the videotape, it would also be very difficult for the State to try the case on the physical tests. As a result, the State requested and received a half-dozen adjournments to provide this discovery evidence. In fact, defense counsel requested and received a "try or dismiss" marking on one occasion and the Court failed to dismiss the case on the next listing and granted the State yet another additional adjournment. Thus, this new Appellate Division decision should really help our case and our argument which is scheduled in February before the Appellate Division in Trenton. I will keep you updated as to how the case finally turns out.

Four juveniles charged with theft and burglary in Union Beach

Travis Tormey — Tue, 22 Dec 2009 10:12:59 -0500

Four juveniles were charged with theft and burglary following a break in at a Union Beach home on December 9th. Three 16-year-olds and a 17-year-old allegedly broke into a home on Heckelman street on December 9th and stole hundreds of dollars in electronics. Police were able to recover a majority of the stolen goods from the alleged perpetrators. The names of the defendants have not been released since they are juveniles and they were released from custody after being charged on Saturday.

Juveniles charged with criminal offenses such as burglary and theft are treated very differently then adults in New Jersey. These matters will be heard in Family Court at the Superior Court in the county in which the alleged crimes were committed (in this case the Monmouth County Superior Court in Freehold). The standard in Family Court is the best interests of the child or minor. Thus, many of these sentences involve community service, counseling, etc. rather than incarceration. For additional information, see my criminal defense and drunk driving website.

Three Delaware men sentenced on armed robbery charges

Travis Tormey — Mon, 21 Dec 2009 10:01:28 -0500

Three Delaware men were sentenced Friday for their roles in several 2008 armed robberies in Eatontown, New Jersey. The two main Defendants, both aged 20, were sentenced to 15 years in state prison after pleading guilty to robbing the Exxon service station located at Route 35 South and Tinton Avenue and the Cabaret Gentleman's club three days later. The two men were armed with handguns as they assaulted employees and patrons during the robbery of the Cabaret Gentleman's Club. One of the patrons was able to call 911 while the perpetrators were still inside and gave the police a description of the vehicle as well as a Delaware license plate number. The third defendant, also aged 20, was sentenced to three years in state prison for his role as the getaway driver. All three defendants must served 85% of the prison term imposed by State Superior Court Judge Jamie Perri based on the No Early Release Act in New Jersey.

For additional information, see the Asbury Park Press article entitled "3 Delaware men sentenced to state prison".

Defendant gets five years for bar fight stabbing in Hazlet

Travis Tormey — Mon, 21 Dec 2009 09:47:26 -0500

A Sayreville man received a 5-year prison sentence for stabbing another patron outside a bar in Hazlet last Christmas. According to the Asbury Park Press article, the Defendant stabbed a Keyport man outside of Legends Bar and Grill the day after Christmas last year after a heated argument inside the bar spilled outside into the parking lot. As the Keyport man was smoking a cigarette outside the bar, the Defendant pulled a knife to the victim's neck before stabbing him twice in the lower back. The Defendant fled the scene with another man but not before they attacked another patron who tried to take a picture of their license plate. The Defendant was not apprehended for three months following the incident when police found him at his girlfriend's apartment in Old Bridge. State Superior Court Judge Anthony Mellaci Jr. sentenced the Defendant to a five-year prison term and the Defendant must serve 85% of this prison sentence based on the No Early Release Act.

This is a very lenient sentence as far as I am concerned. This Defendant could have easily received ten years or more in prison based on his actions. His defense attorney negotiated a very favorable plea deal with the Monmouth County Prosecutor's Office.