Atlantic City, New Jersey Criminal Law Blog

The recent Penn State scandal involving Jerry Sandusky has raised some questions in towns like Cape May and around the country about when a person is legally, as well as morally, required to report a crime. We have already seen some situations which require reporting of certain acts to authorities, such as suspected terrorism in Britain or toxic waste dumping in areas of the United States. Many people feel reporting should also be required in cases of child molestation or other sexual abuse involving a child.

While the state of New Jersey already requires every person to report child abuse, not reporting it is currently only a misdemeanor. Charges are usually only filed if a person has failed to report serious abuse, works in a setting where they have supervisory authority over kids or works in a position that requires a special license, such as a doctor.

It's a fact of life that most teenagers, even responsible kids from good families, will make some bad decisions as they're growing up. Despite their parents' warnings to the contrary, many will use alcohol. In fact, a recent survey showed that over 27 percent of New Jersey youth between the ages of 12 and 20 admitted to drinking alcohol within the past month.

However, a teen whose alcohol use leads to a charge for New Jersey underage drinking or DWI faces serious, and possibly life-altering, penalties.

Today, the United States Supreme Court will listen to oral arguments in Perry v. New Hampshire. This criminal defense case asks a very important question about eyewitness identification: Must a court exclude eyewitness identification evidence in every situation where the identification was unreliable because it suggested that the defendant committed a crime, or only in unreliable police eyewitness identifications?

As the law stands, police-arranged eyewitness identifications can be challenged in court. If the court finds that the eyewitness identification was too suggestive, it can exclude the evidence. Identifications performed by civilians, on the other hand, are not excluded. Instead, the jury decides whether the evidence is reliable or unreliable. This is one way that innocent defendants are wrongfully convicted of Atlantic City sex crimes, drug crimes, even murder.

For any driver who is stopped and charged with DWI / DUI (driving under the influence), one of the most pressing questions is: how will this charge affect my license? Will it lead to a driver's license suspension?

As DWI arrest defense lawyers know, your license is important to you. This blog post addresses some of the basics of driver's license suspension in New Jersey.

Law Offices of John W. Tumelty

On May 25, 2011, Ocean City DWI Attorney John W. Tumelty was successful in getting Ms. Camacho found not guilty of a DWI "for drugs" charge following a two day trial.

The Ocean City Police arrested Ms. Camacho several months ago for speeding over the 9^th Street Bridge-Causeway. She was stopped for doing 76 mph in a 30 mph speed zone. The police ordered Ms. Camacho out of the vehicle, had her perform field sobriety tests, and placed her under arrest for DWI. The arresting officer stated that the defendant failed the field sobriety tests that where performed on the street. The police department breath test results showed that she had no alcohol in her system. The arresting officer had Ms. Camacho evaluated by a Drug Recognition Expert police officer. Sgt. Daniel Dubbs of the Ocean City Police Department is a Certified Drug Recognition Expert in the State of New Jersey. Sgt. Dubbs conducted a comprehensive physical examination of Ms. Camacho in an effort to determine whether she was under the influence of drugs. Sgt. Dubbs had her do coordination tests, eye tests, and checked her pulse, blood pressure, and body temperature. Sgt. Dubbs concluded that Ms. Camacho was under the influence of a central nervous system stimulant and marijuana. The toxicology report was positive for Ecstasy which is a hallucinogenic drug.

A not guilty verdict was entered following two-days of trial. This included testimony from the State's toxicology expert who formed an opinion that Ms. Camacho was under the influence of drugs. Ocean City and Cape May County DWI defense attorney John W. Tumelty successfully argued that the evidence was insufficient to prove drug intoxication beyond a reasonable doubt. The defense hired an expert witness, Dr. Richard Saferstein, Ph.D. Dr. Saferstein is an expert toxicologist and a pharmacologist. Dr. Saferstein prepared a report where he stated that the defendant was not under the influence of drugs. Dr. Saferstein stated that Ecstasy can be found in human urine up to 72 hours after the drug is ingested and long after the effects of this drug have dissipated. The physical effects of Ecstasy only last two to three hours. Hence, there was absolutely no correlation between the presence of Ecstasy in the defendant's urine and impaired driving performance. The extent of any impairment from drugs can only be estimated by a direct measurement of the quantity of Ecstasy in the blood. This determination was not performed by the forensic chemist working at the New Jersey State Police lab.

Mr. Tumelty cross-examined the police officers and the State's forensic chemist. Sgt. Dubbs stated that Ms. Camacho failed several sobriety tests at the police station. However, her blood pressure and body temperature were normal which is inconsistent with being under the influence of drugs. She did not show signs of slurred or impaired speech. Although the police said she was under the influence of marijuana, there was no odor of marijuana present on her or in her car. The police did not find any evidence of marijuana or smoking paraphernalia. The police had her do a finger-to-nose test at the police station which she perfomed fine.

The State's evidence in a DWI case for drugs must include a toxicology report showing drugs in blood or urine and testimony from a drug recognition police officer expert on his evaluation of the defendant. However, in this case the evidence was insufficient to sustain a conviction.

Call the Law Offices of John W. Tumelty if you are charged with DWI in Ocean City or any other shore town.

See the complete criminal website at www.johntumeltylaw.com

See Mr. Tumelty's recent trial successes by clicking on the Recent Successes tab.

As the shock of an arrest fades, thoughts often turn to finding a criminal defense lawyer. Beyond the choice of an individual attorney or firm, for those that qualify for a public defender, there may be the choice between accepting a public defender or court-appointed attorney and hiring a private criminal defense lawyer. But, is there really a difference in quality that needs to be considered when making this decision? According to two studies, there is.

According to Thomas Cohen at the Bureau of Justice Statistics, people who hire a private criminal defense attorney or receive a public defender receive better outcomes, in both adjudication and sentencing, than people who receive a court-appointed attorney.

Published by the Law Office of John W. Tumelty

This is a recent Sea Isle City drug possession case where I was successful in getting the evidence of marijuana and drug paraphernalia suppressed and the charges were dismissed. I represented a young man charged with possession of under 50 grams of marijuana and drug paraphernalia (a pipe) that resulted from the Sea Isle City police entering and searching his house without a search warrant.

The Sea Isle City Police responded to my client's house on a domestic violence call. The police knocked on the door, entered the house and addressed the domestic violence situation. The police were advised that my client had marijuana in the master bedroom. The police searched the master bedroom and found a small quantity of marijuana and paraphernalia.

I filed a motion to suppress the evidence challenging the legality of the warrantless search and seizure of the marijuana and paraphernalia. After a full hearing the municipal court judge ruled that the Sea Isle City Police conducted an illegal search of the master bedroom and all evidence was suppressed. This means the evidence was thrown out.

The drug charges were dismissed because the evidence was suppressed. My client avoided a criminal record and continues to enjoy an unblemished name and reputation.

See our complete criminal defense website at www.johntumeltylaw.com

Published by the Law Office of John W. Tumelty

I recently represented a college student charged with marijuana possession under 50 grams and possession of drug paraphernalia in the City of Wildwood, Cape May County, NJ. The case was handled in Wildwood Municipal Court.

This young man had no criminal record and was a year away from college graduation. I received the police reports which revealed a search and seizure issue in the case. The police report stated that the officer was on routine patrol when she saw my client walking near a park at approximately 2:00 a.m. The officer believed that my client looked suspicious and fit the description of an individual involved in a recent disorderly conduct incident. The officer stopped and searched my client and found a small quantity of marijuana and a pipe in his pants pocket. The officer seized the evidence and placed him under arrest for marijuana possession and possession of drug paraphernalia.

I filed a motion to suppress the evidence (throw-out evidence) arguing that that officer did not have probable cause to stop and search my client. The Wildwood Municipal Court judge held a full court hearing on the legality of the stop and search. After listening to the testimony of the officer, the court ruled that the officer did not have sufficient probable cause to stop and search my client. Thus, the judge determined that it was an unconstitutional search and the evidence (marijuana and pipe) was suppressed which means thrown-out.

The charges were dismissed in Wildwood Municipal Court. My client avoided a criminal record and preserved his otherwise unblemished name and reputation. We moved immediately to expunge the arrest from his record.

See our complete criminal defense website at www.johntumeltylaw.com