This issue may seem small, but it is important. The New Jersey juvenile court system and adult court system are very different, and whether a juvenile is tried in adult court could mean the difference between obtaining a future job and being turned down due to an adult criminal record.
]]> Differences Between Juvenile and Adult CourtThere are substantial differences between the adult court and juvenile court systems. They include:
Currently, prosecutors are the ones to decide whether a juvenile should be tried as an adult. While judges are able to overturn prosecutors' decisions, they may only do so in limited circumstances - circumstances where there has been a "patent abuse of discretion." If the Supreme Court reviews the case, it may decide to take some of that discretion away from prosecutors and put it into the hands of judges.
Source: North Jersey.com, "The Record: Juvenile Justice," Apr. 29, 2012.
]]>A petition may be filed and presented, and the court may grant an expungement pursuant to this section when:
(a) at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole or release from incarceration, whichever is later; and
(b) the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction and the court finds that expungement is in the public interest, giving due consideration to the nature of the offense and the applicant's character and conduct since conviction.
A recent Atlantic County case addressed the new expungement law where the prosecutor objected to an early expungement arguing that it was not in the public interest.
]]> The petitioner pled guilty to one count of distribution of a controlled dangerous substance (Ecstasy). The sentence was a three-year probationary term, conditioned upon completion of 45 days in the Atlantic County jail. The petitioner successfully completed all of the terms and conditions of his probation on September 13, 2002. On March 18, 2010 he sought to expunge his record. He petitioned the Atlantic County Superior Court-Law Division pursuant to the amendment to the expungement statute permitting a petition to be filed less than ten years following completion of probation. The State opposed the motion and argued that an earlier expungement was not in the public's interest because of the seriousness of the offense involving a sale of CDS.An Atlantic County Superior Court Judge found that the petitioner satisfied the first two requirements for relief under the expungement statute. At least five years had passed since he had completed probation and he had not been convicted of any other offense since the conviction. However, the Court found that it was not in the public's interest to expunge the conviction, despite the petitioner's steps toward repairing his good name and reputation. The expungement petition was denied.
This Atlantic County expungement case does recognize the new change in the expungement law that allows a person to apply for an expungement after five years following satisfactory completion of probation or release from incarceration. The prosecutor's office evaluates the expungement application based on the specific offenses in each case.
]]>The Casino Control Act (N.J.S.A. 5:12-119) prohibits anyone under the age of 21 from gambling in an Atlantic City casino or any simulcast facility. If an individual is convicted of underage gambling the penalty is a disorderly persons offense which is a criminal charge that becomes part of your criminal record. A conviction for underage gambling will also result in a fine of between $500 and $1,000 and the individual's driver's license will be suspended for six months. If the individual is under 17 and has not yet obtained a driver's license, the issuance of that person's driver's license will be postponed for six months.
In fact, if a parent or a person who has custody or control of a person under the age of 21 allows an underage individual to gamble, that person can be charged with a disorderly persons offense. N.J.S.A. 5:12-119(c).
The real issue with these underage gambling charges is there are no plea bargains offered by the State. Thus, the State requires the defendant to either plead guilty to the charge or stand trial. You should contact an experienced criminal defense lawyer to represent you if you find yourself in this position. There is no reason to plead guilty to the offense. I can take the case to trial and make the State prove the charges against you beyond a reasonable doubt. Many times the State's witnesses fail to appear and the case can be dismissed against you. Regardless, it is imperative that you defend yourself at trial and attempt to avoid a permanent criminal charge on your record. This can have serious repercussions in terms of employment and educational opportunities.
I am John W. Tumelty, and I have practiced criminal defense in Atlantic City, Cape May County and across the state of New Jersey. For more 28 years, I have prosecuted and defended individuals on a wide range of criminal charges, including underage gambling and other juvenile crimes.
If you are being charged with underage gambling, or your child is facing such a serious charge, you need to speak with an experienced criminal defense lawyer.
If you or a loved one has been arrested for underage gambling in New Jersey, contact me today to discuss what I can do to defend you against the criminal charges. Schedule a free initial consultation by calling toll free at 866-677-2549.
]]>One way inmates maintain contact with fellow gang members is via cell phones. By maintaining contact, criminals are able to order hits, make financial transactions and continue running drug operations while incarcerated. Cell phones are typically smuggled in by visitors and corrupt guards. This activity makes it difficult for prison officials to maintain safe facilities and can increase violence when convicts are released back into the general public.
]]> The study made several recommendations to curtail the convicts' illegal activity. Recommendations include the installation of equipment that would detect and alert prison officials to any cell phones or other electronic devices that a visitor has prior to entering the visiting area. In one New Jersey prison, officials are using specially trained dogs to sniff out and expose individuals who are attempting to smuggle in cell phones. These dogs are trained to smell the gases that these phones emit. Dog officers have detected and assisted in the confiscation of over 200 cell phones in the last year.Prison officials have also taken measures to ensure that guards are unable to bring the cell phones into the prisons. In the past, guards were required to wear stab-proof vests under their uniforms. These vests gave the guards the ability to hide the cell phones without being detected by metal detectors. After working with union officials, the guards now wear vests over their uniforms, and the vests are searched prior to guards entering the prison.
Many question why prison officials do not jam cell phone signals from inside to stop the use of the phones. Federal regulations do not allow this practice. Also, prison officials are working on gaining permission from the state to install high-tech detection devices. However, these types of measures must preserve the delicate balance between the constitutional rights of inmates and the need to protect the public from dangerous individuals.
]]>Attorney John W. Tumelty recently had Ocean City drug (marijuana) charges dismissed in Ocean City Municipal Court, Cape May County, New Jersey, resulting from an illegal car search. An Ocean City, NJ Police officer stopped his client's car for a motor vehicle violation. The officer pulled the car over and approached the client requesting his credentials. The officer observed a strong smell of marijuana coming from inside the car. He called for back-up officers for assistance. The officers ordered the client out of the car. The officers immediately began searching the car and seized a brown bag on the rear floor. They opened the bag and found clear plastic bags with marijuana.
Attorney Tumelty filed a motion to suppress the evidence challenging the officer's right to search the car. The police may not search a car without a warrant or exigent circumstances. The illegal search led to a dismissal of the marijuana charges. The client avoided a criminal record for marijuana possession and a loss of driver's license.
See our complete criminal defense website at www.johntumeltylaw.com
]]>Yet, businesspeople should not archive the number of that Atlantic City white collar crimes attorney just yet. The drop in prosecutions aside, law enforcement officials are still very watchful for certain types of corporate fraud, and some experts are predicting a "bubble" in white collar cases as long-term investigations begin to bear fruit.
]]> Lack of Resources, Investigative Challenges Hinder ProsecutionsAccording to the Transactional Records Access Clearinghouse at Syracuse University, over the last ten years, the number of federal financial fraud cases has fallen by 57.7 percent, notwithstanding indicators that do not appear to reveal a corresponding drop in crime rates. So why are fewer cases being prosecuted?
Investigating complex white collar cases can be very expensive. Budgetary constraints are cited as one reason for the declining prosecution rates.
Given the government belt-tightening that is going on across the country, enforcement agencies have to be more careful about where they focus resources. Couple this reality with a string of recent legal decisions that invalidate what were once comparatively cheap white collar investigative tactics, and the fiscal strain generated by white collar cases becomes readily apparent.
The inherent difficulty of investigating white collar cases, particularly as new technologies become increasingly integrated into the business world, also contributes to the downward trend in prosecutions. The nature of business fraud and other white collar crimes may mean that prosecuting attorneys require expertise or skills outside their normal areas of expertise in order to develop strong cases.
Meanwhile, defense attorneys are more likely to be able to specialize in white collar cases, and are often retained as soon as an SEC investigation begins, resulting in a serious head start. Often, this advantage is enough to stop a white collar criminal case before it even begins: studies show that approximately 48 percent of cases recommended for prosecution by the SEC are not prosecuted and never go to trial.
A Bubble of White Collar Prosecutions?
Even with a general trend towards fewer white collar prosecutions, investigations of fraud, embezzlement, computer crimes and identity theft remain a top government priority. And, some experts expect a coming spike in white collar prosecution numbers.
Given the long timeframe required to investigate corporate crimes, indictments tied to 2008's financial meltdown may soon begin to surface. If they do, courts could see an unparalleled surge in white collar prosecutions, and a possible end to the downward trend.
]]>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.
]]> However, Sen. Christopher "Kip" Bateman introduced a bill in New Jersey last month that would now make failure to report child sexual abuse a felony. Since the term "abuse" has a broad definition, it will be important for people to understand what to report and how to report it.Right now people are required to report abuse to both the police and child welfare agencies. This rule may need to be changed since the average person should not be required to tell two different places, especially since the police and child welfare agencies will tell each other about the abuse anyway.
It will also be crucial for police, lawyers and judges to apply this new law very carefully. Since the punishment for not reporting will now be higher, they must make sure they do not unfairly punish someone for not reporting something that they did not know they were supposed to report because it was too ambiguous to show clear child abuse.
If the bill is passed and failure to report child sexual abuse becomes a felony, a person will be charged and punished for having a reasonable suspicion of the abuse and failing to report it. The new punishment will be up to a year and a half in state prison and a $10,000 fine.
]]>However, a teen whose alcohol use leads to a charge for New Jersey underage drinking or DWI faces serious, and possibly life-altering, penalties.
]]> New Jersey youth under the age of 21 who are caught purchasing or drinking alcohol at an establishment with an alcohol beverage license will be fined $500 and have their driver's license suspended for six months. For teens who do not yet have a driver's license, the suspension will start when they first become eligible for a license.However, the consequences of New Jersey underage drinking often extend far beyond the criminal penalties. At an age when many are just starting out, a suspended license can make it difficult to secure or retain a job, attend college classes or participate in extracurricular activities.
Penalties Are Worse for Underage DWI
The consequences can be even worse if a teen's underage drinking leads to a charge for drinking and driving. New Jersey DWI penalties are especially strict for underage drivers.
New Jersey follows a "zero tolerance rule" for underage DWI, meaning that teen drivers who have any detectable amount of alcohol in their system can be convicted of a criminal offense. Teens who test positive for alcohol but whose blood alcohol content is below the official drunk driving limit of 0.08 will lose their driving privileges for up to 90 days and will be sentenced to between 15 and 30 days of community service. They will also be required to participate in an alcohol safety education program.
If teens get caught driving with a license that has been suspended for drinking and driving, they will be fined $500 and may be sent to jail for up to 90 days. Further, their license will be suspended for an additional one to two years.
Teens caught driving with a blood alcohol content of 0.08 or above are subject to the same DWI penalties faced by adults.
Many teens think that underage drinking is no big deal. However, the consequences of getting caught for New Jersey underage drinking or DWI are serious business. If your teen has been charged with an alcohol violation, contact an experienced New Jersey underage drinking lawyer who can help protect your child's future.
Source: New Jersey Office of the Attorney General, "Alcohol Awareness: Driving While Intoxicated in New Jersey."
]]>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.
]]> Perry v. New Hampshire is the first time in more than three decades that the U.S Supreme Court has examined eyewitness identification. In 1967, there was some evidence showing that mistaken identification was possible. Today, there is a large body of science that speaks to the imperfections in memory and human perception. For example, police conduct (such as how the police arrange photos for a witness) can influence a witness' identification, but so can certain circumstances involving the alleged crime (such as the lighting in the area where the crime occurred).This large body of science will be front-and-center in today's oral arguments and may help determine whether courts need to exclude all unreliable eyewitness testimony.
This case follows a New Jersey Supreme Court decision, State v. Henderson, where the Court ruled that today's scientific evidence shows that many "variables can affect and dilute memory and lead to mis-identifications." The New Jersey Supreme Court created a new set of rules and procedures around witness identification, including pretrial hearings in all cases where evidence suggests that a witness' identification was unreliable or suggestive.
Source: SCOTUSblog, "Argument Preview: Can Eyewitness Be Believed?" Lyle Denniston, Oct. 29, 2011.
]]>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.
]]> DUI / DWI License SuspensionThe penalties you can face for DWI / DUI depend on your blood alcohol content - BAC - and the number of times you have been charged with DWI / DUI. The consequences can range from $250 in fines and license suspension to up to thousands of dollars in fines, 10-year license suspension and mandatory prison sentences.
Ignition interlock devices have to be installed and maintained at your expense. If you fail to have an ignition interlock installed when ordered by a judge, it could result in an additional one-year driver's license suspension.
Truck Driver or Drive for a Living?
The consequences of even one DWI / DUI conviction can be catastrophic for anyone who holds a Commercial Driver's License (CDL):
Because of the serious nature of even the lowest level of penalty for a DWI / DUI, you may want to speak with a DWI / DUI defense attorney who can help you understand your options and how best to protect your driving privileges in New Jersey.
]]>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 9th 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.
]]>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.
]]> Bureau of Justice Statistics' analysis shows that in the 75 most populous counties in the United States, the conviction rate for people who hire private criminal defense attorneys or have a public defender is less than those who have a court-appointed attorney (73 and 72 percent for the former compared to 78 percent for the latter). Of those convicted, almost half - 46 percent - of those with court-appointed attorneys received prison terms, while only a third of those with private counsel (29 percent) and public defenders (32 percent) received prison sentences.So, with private counsel and public defenders seemingly achieving better outcomes for defendants, is there a difference between private criminal defense attorneys and public defenders? A second study, reported in the New York Times, indicates that there may be.
In a study that looked at 2002 data from 5,000 felony cases in Denver, Colorado, it was found that people with a public defender received sentences that were, on average, 3 years longer than those who hired private criminal defense attorneys.
However, this study was quick to caution that there may be an explanation for this discrepancy. It was speculated that people who knew they were guilty or knew that there was overwhelming evidence against them, such as videotaped evidence, opted for public defenders rather than spending money on a private criminal defense attorney.
While these studies show the effects of private counsel, public defenders and court-appointed attorneys in a general sense, there are very good attorneys working in each of these roles. A person accused of a crime should weigh the options available to them and choose the best criminal defense attorney for their situation, which just may be private counsel.
Sources:
U.S. Bureau of Justice Statistics, "Who's Better at Defending Criminals?," Thomas H. Cohen, 2011.
The New York Times, "Free-Market Justice," Morris B. Hoffman, January 8, 2007.
]]>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
]]>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
]]>New Jersey Law: Shoplifting
Shoplifting / larceny is called "theft" under the New Jersey Code of Criminal Justice. Criminal penalties for theft vary depending on the amount and value of the goods the defendant is accused of stealing.
]]>In New Jersey, individuals convicted of theft / larceny also have to pay for the items they stole (restitution), court costs and a shoplifting surcharge (usually $150). If a child steals, his or her parents are responsible for paying the cost of the stolen goods.
Local courts handle shoplifting charges. Therefore, if you have been accused of shoplifting - no matter what your age - it is important to hire a shoplifting defense attorney who has practiced in your local court.
Source: New City Patch, "75-Year-Old N.J. Woman Accused of Shoplifting"
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