Before she leaves her post as State Attorney General, Paula Dow is facing some criticism on the new reporting forms she rolled out to reportedly improve accountability among police internal affairs units. The problem, say many, is that the forms don’t require departments to note how many investigations are open at the close of the year. For others, despite this minor oversight, the reports are a step in the right direction.

Under the new system, prosecutors for the county are tasked with monitoring police complaints and correcting discrepancies among internal affairs units. The form that is facing criticism is designed for the public to review the departments’ data on internal affairs investigations.

From 2000 to 2008, it was found that one in every ten complaints at the Newark police department’s internal affairs was not reported to the Attorney General. Reporting such complaints is required by law. Also, of 90,423 complaints only 86,925 dispositions were made available to the public, a real problem for accountability.

The police departments maintain that any dispositions that were not made publicly available were due to “clerical errors”. If that’s truly the case, perhaps some clerical training is in order. 3,498 clerical errors seem to be evidence of a different sort of problem.

The bottom line is that the people of New Jersey want to know that investigations into police misbehavior are being treated appropriately. When they can’t trust the departments because everything is done behind closed doors, this will be reflected in their respect for the officers on the streets.

The ACLU of New Jersey is criticizing the new forms, stating that they represent a step backward rather than forward, that “it’s the more serious internal affairs complaints that take longer to investigate,” and that disclosing how many are open at years end can provide a more accurate snapshot of what departments are doing to address citizen concerns.

Other new policies implemented under Dow, however, are receiving props. Departments must not track complaints by officer in order to look for patterns and officers who might be getting more than their share of complaints. The departments must also make public any serious investigations, though they aren’t required to name officers. Also, there is more money being invested in training.

Dow shared her thoughts about police accountability to the public when she said, “It is absolutely critical that law enforcement agencies investigate allegations against officers thoroughly and fairly, and that we provide the public with meaningful data about the complaints.” Unfortunately, not everyone thinks her actions reflect those words.

When you are mistreated by the police, you want to know that your accusations are taken seriously. You know that if you are accused of breaking the law, the state will take those accusations seriously. If you are facing criminal charges and want someone in your corner, advocating on your behalf—contact my offices today.

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By now we’ve all heard of the Innocence Project, the organization that works to free those who were wrongly convicted using DNA evidence. But DNA evidence isn’t available in all criminal cases. As a matter of fact, it’s not available in most criminal cases. One program, out of Seton Hall University Law School is working on all of the other cases, those in which the convicted maintains their innocence but where there is no DNA evidence available.

Called the Last Resort Exoneration Project, the group has been working together since February of this year. According to MyCentralJersey.com, Last Resort has received over 100 letters from New Jersey inmates and is in the process of reviewing about 90 completed applications and cases where the convicted claims they are wrongfully incarcerated.

The Innocence Project, on the other hand, handles about 200 new requests every single month on a national basis. They simply aren’t equipped to take on those cases without DNA evidence and reject those cases immediately.

The majority of cases are for serious offenses like rape and murder. They say many come from Camden, Trenton, Newark, and East Orange.

The staff and volunteers who are involved in Last Resort comb through the applications and files, grading them on the likliehood of success. Right now, there are three cases in particular that seem promising, though the program hasn’t officially taken on any of them.

Once they’ve determined there is enough evidence to fight for a new trial or exoneration, the process can take years, building a case for innocence. Once the case is put together you can file briefs with the court asking for hearings.

Things like false identifications, poor interrogation tactics, withheld evidence, and poor police work can all play a role in convicting the innocent. And cases of wrongful convictions may be happening more than we realize.

Since 1992, the Innocence Project has worked to secure more than 200 exonerations with the use of DNA evidence. If DNA is only available in a fraction of cases, one might surmise that these 200 cases of wrongful convictions only represent a fraction of the innocent behind bars.

The statistics are staggering when one looks at the number of people who actually plead guilty to a crime they didn’t commit. This is usually because the projected outcome at trial looks bleak and the prosecutor offers a plea agreement that seems to be less daunting than the maximum sentence.

When you are accused of a criminal charge in New Jersey you didn’t commit, your confidence could be very high that justice will be served and you will walk away unscathed. But history proves that this isn’t always the case. Consulting with a criminal defense lawyer about your options can provide a reality check on what you can expect when you go before the judge.

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Last Friday night began a campaign by Trenton police officers to “Send a Message” to criminals and would-be criminals alike. The message—that officer layoffs doesn’t detract from the departments commitment to violent crime enforcement.

From Friday evening until Sunday night, the department served 9 search warrants, recovered 8 guns, and made 41 arrests.

Next month, 108 officers are scheduled to be laid off. Acting Police Director Joseph Juniak says, “Regardless, we had to let the criminal element know, even with layoffs looming, our focus is on violent offenders in the city and will continue to be.”

Since the beginning of the year, officers have taken 179 guns off the streets, yet there has continued to be an increase in gun violence. As of the publishing of this article on NJ.com on Wednesday, there had been 503 shots fired calls since the beginning of the year. Some of those calls were unfounded, but others resulted in injuries and even deaths.

In 2010, 42 people had been shot in Trenton between January and mid-August. This year, in that same timeframe, the number has jumped considerably to 83—a 95% increase.

The city can’t afford the 108 officers who are expecting lay-offs. But they hope it doesn’t come at an even greater cost—further increasing the violence in the already volatile streets of Trenton. The people of the city, no doubt, feel the same way.

The majority of the arrests made over the past weekend were for drug related offenses. Juniak says most of the violence is related to the drug trade and gangs. He calls the current situation “alarming”. Once the 108 officers are gone, it will be interesting to see how effective operations similar to “Send a Message” are.

Because violent gun crimes are so high right now in the area and police can’t stay on top of all of the offenses being committed, you can bet prosecutors will be clamping down on those cases they do get. For this reason, if you are charged with a gun crime or even a drug offense that could tie you into the larger drug trade, you could be made an example of in the courts.

If you are charged with any criminal offense in Trenton, now is the time to discuss your case with a criminal defense attorney. All hope is not lost. Even if you have a criminal history, there is a chance we could work out a favorable plea agreement with the prosecution.

Contact our offices today to discuss the specifics of your case and how we might be able to help.

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1. Statewide Use of Confidential Informants Unorganized, Inconsistent The New Jersey chapter of the American Civil Liberties Union...

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Acting Police Director Samuel DeMaio says things are “headed in the right direction” despite a 40% rise in gun violence this year. He is confident his new “Safe City” campaign will ultimately have a positive effect and points to a recent downward trend as evidence.

According to the Star-Ledger there were 175 shootings in Newark between January 1 and July 10. These shootings left 213 people dead or injured. During the same period in 2010, there were 125 shootings and 161 injured or dead. This is a pretty significant rise in violence for the troubled city, but something DeMaio says is soon to turn around.

“We’re not going to turn everything around in one month. That’s impossibility. But we’re heading in the right direction.” DeMaio went on to say, “We weren’t doing the right thing in January, February, March, April, or May.”

Within one month of taking over the position in May, DeMaio implemented the “Safe City” anti-violence program, increasing police presence and community involvement in the most dangerous neighborhoods. While the number of shootings in June 2011 was greater than in June 2010, the amount fell from May to June this year, evidence he says that the program is working.

The community is cautious in its relief, however, particularly after this week of significant violence. Two massive shooting incidents happened early this week, killing a 15 year old high school football player and injuring 11 others.

Officials say the shootings are due to “a small group of individuals”, members of competing “drug crews”, though they won’t say if the crews are gang related. In both major shootings this week, a car pulled alongside a group before multiple people opened fire.

Increasing police presence and community involvement seem to be obvious solutions. But when  a city has seen as much violence as Newark, it’s no wonder the people are suspicious of the potential benefits. When people live in violent neighborhoods and don’t see law enforcement as being particularly helpful, they are more likely to feel hopeless and to hide out indoors rather than get involved to help stop the violence.

You can bet if you are caught in violation of gun laws or arrested for drug related violence, you will face some serious consequences in the local courts. When violence is out of control, as it seems to be here, the police, prosecutors, and courts would like to make an example of the people they do catch in hopes of deterring those they can’t.

If you are facing drug charges or weapons charges in New Jersey, contact me today to discuss the details of your case.

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The New Jersey chapter of the American Civil Liberties Union (ACLU) conducted a three year investigation into the statewide use of confidential informants in criminal cases. According to the Associated Press, what they found was somewhat disturbing.

Confidential informants are the citizens who get into trouble and quickly get back out of trouble by cooperating with police, providing information about other people who may be involved in criminal activity. Typically, CIs are used to catch the “big guys”, and they give cops an inside look into happenings they might not have access too without someone “on the inside”.

But, the three year investigation from the ACLU showed that just how these CIs were used was largely unregulated and the potential cause of many problems within criminal cases. Over half of the officers they interviewed were unclear on the policies regarding the uses of confidential informants, a problem considering just how often they are used.

CIs are typically used in drug cases and have been the cause of many innocent people being charged and even killed. Whether it is the pressure put on these informants to divulge critical information or their desire to stay out of trouble, they have been known to provide false information. Without checks in place and strict procedures being followed, the risks to innocent people are too great.

According to the ACLU, their study found “some departments throughout New Jersey failed to put agreements in writing, circumvented search warrant requirements, used juveniles improperly, and insufficiently checked the reliability of information given by confidential informants.” Some even reported there was no CI policy in place, seemingly ignorant to the mandatory protocols from the state Attorney General.

As a result of their findings, the ACLU has put pressure on local departments to clean up their handling of informants and get all of their officers on the same page. Morris County Prosecutor Robert Bianchi has already made changes, requiring all officers who work with CIs to be certified by his office and mandating all officers go through annual training on the subject.

The use of confidential informants is not new. But there has been a growing reliance with the fighting of the unwinnable Drug War. These informants are often in no place to make accusations, though their words are taken as the truth. Being fingered as a suspect because of the statement of a CI really doesn’t mean you are guilty at all.

When other people accuse you of a crime you are not guilty of, it can seem impossible to get a fair shake. But with a criminal defense attorney on your side, you have an advocate in the courts, someone who wants to help you clear your name.

If you’ve been charged with a drug offense in New Jersey, contact me today to discuss your case.

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A Cumberland County man is likely wishing a decision had come sooner as a divided New Jersey Supreme Court ruled his 4 year old conviction be thrown out on account of an illegal search. He was initially charged with possession of cocaine after being stopped for riding his bicycle on a sidewalk.

According to the Star-Ledger, the defendant and five others were stopped by an officer for violating the municipal ordinance back in 2005. When the officer asked for their identifications and called them into dispatch, he was informed one of the parties had an active warrant in California.

Prior to arresting the man on the warrant, the officer conducted a pat down search (called a “search incident to arrest”) and found cocaine in his pocket. He was charged. After the fact, the officer found out there was no California warrant and that the dispatcher was mistaken.

The state Supreme Court ruled that the search was unconstitutional and therefore the evidence seized was inadmissible. Though the prosecutor argued the officer acted appropriately with the information he had, the majority opinion written by Justice Virginia Long claimed under the prosecutor’s argument “police operatives, like the dispatcher here, are free to act heedlessly and unreasonably, so long as the last man in the chain does not do so.”

The 4^th Amendment of the U.S. Constitution protects us against unreasonable searches and seizures. If it’s found that a search violates your constitutional rights, the fruit (evidence) of that search will be inadmissible in court, often leading to the entire case being thrown out.

The dispatcher’s mistake was in confusing the defendant with another man listed on a California warrant. Though it was an honest mistake, it ultimately led to the defendant being found guilty on the possession of cocaine charge and another unrelated charge. He was sentenced in 2007 to three years in prison and served 9 months before being paroled.

Having a defense attorney on your side when facing criminal charges helps you identify if you’ve been the subject of an illegal search. If the police sidestepped certain procedures it could mean major benefits for your case.

If you are facing criminal charges, consulting with a defense attorney should be your first priority. Contact me today for a free initial consultation on your New Jersey case.

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The New Jersey state Supreme Court ruled this past week that police officers cannot destroy notes taken throughout the course of an investigation, even after completing an official report. The reason is so that attorneys can have access to the initial observations of officers for use in the defense of their clients when accused of a crime.

In the past officers would discard initial notes, sometimes taken at crime scenes or when dealing with evidence. They would point to an unwritten “departmental policy” that said they were required to destroy such notes after the formal police report had been submitted. This will no longer be the case according to the recent ruling.

Not only are officers now required to hold onto the notes in case they are requested by an attorney, but they will be sanctioned if those notes are discarded. It isn’t clear what that penalty will be with the court only prescribing an “appropriate sanction” according to the Star-Ledger.

Police are concerned it’s making extra work and creating unnecessary paperwork when all of the pertinent information should be included in the final report. But for defense attorneys, being able to put their hands on these initial observations by police at the time criminal charges are issued and the arrest is made, could serve to assist them in the defense of criminal suspects.

Discrepancies between what is written in the notes and what is submitted in the final report could be cause to question the legitimacy and accuracy of the report or the officer’s version of events. In this manner, defendants would have a better opportunity for a favorable outcome.

Jon Shane, a professor at the reputable John Jay College of Criminal Justice states that it boils down to accountability. “It’s saying you can’t have policing in a half-hearted manner. It has to be in a systematic manner.”

The path of an investigation can be an extremely useful tool in building a defense when you are accused of a crime. Your attorney will want to know how the police and prosecutors developed the case and be able to examine evidence and evidence handling practices to ensure everything was done with respect to your Constitutional rights. This latest ruling makes that review process all the more thorough.

If you are facing charges, you want an attorney who will give your case the detailed and personalized attention it deserves. From reviewing the reports to analyzing the evidence, a criminal defense attorney should be willing to aggressively defend your good name in court. Contact me today to discuss how I can help you with your case.

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About 50 of the 200 Camden police officer (which was nearly half the force) are getting their jobs back. 

This is great news for what was a major budgetary problem that we previously noted. And no doubt, at least a partial relief to Camden’s citizens, which already faced one of the highest crime rates in the country.

However, according to the news reports, the funding is only available until June. And interestingly, though Governor Christie authorized the funding, it wasn’t due to largess from the State – it was actually money owed to Camden that finally got paid.

We’ll have to watch how this drama plays out, but at least for now it is good news for the citizens of Camden.

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Last October the ACLU filed a petition requesting the Department of Justice to take control of the Newark Police Department, stating the Department was unable to police itself. According to the Star-Ledger, the feds may be looking into the petition, having reportedly interviewed several players in the local justice system.

The DOJ hasn’t made any official announcement about an investigation but three civil rights leaders, a city councilman, presidents of the local police union, and one defense attorney who frequently represents officers have all been questioned in recent months.

At issue- the Department’s failure to sustain accusations of excessive force. Of 261 of the “most serious complaints” in a 2 ½ year period, only one was sustained, raising suspicions that the department may not be taking allegations seriously.

A U.S. Attorney has also met with the Police Director to discuss the ACLU petition, though neither has commented on the developing case. However, city officials state they are completely capable of managing the department and don’t need federal intervention.

It seems the DOJ is investigating cases of misconduct dating back to the 1980s, questioning victims and officials involved. One organization, the People’s Organization for Progress, is said to have given the federal agents 8 specific cases where inmates were seriously hurt or killed while in the custody of Newark police.

It’s believed the investigation could take up to a year, considering all of the cases the department has to sift through. Then they would make a decision as to whether federal oversight of the local police was necessary.

It’s understandable why local officials don’t want federal intervention—it’s a pain. Having someone stare over your shoulder and make recommendations can be nerve-wracking to say the least.

The Department of Justice doesn’t take over a locality’s police department on a whim either. If they do determine oversight is necessary, it’s not because they want to play big brother—it’s because the evidence showed the Newark PD couldn’t handle meting out justice to its own in a reputable manner.

Accusing the police of excessive force or even unlawful arrest can seem extremely frightening for a member of the public. If they do come forward with such accusations, they should be able to trust the local authorities to take their claims seriously and investigate them with absolute fairness and impartiality.

If you think you’ve been wrongly accused or mistreated by investigators in your criminal case, it could affect the outcome of your criminal charges. Contact our offices today if you’re facing charges, to receive a free consultation.

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Called “one of America’s most dangerous cities”, not even the Camden crime rate could save them from the effects of a cash-strapped year. The Mayor of Camden announced this week the lay-offs of nearly half of the entire police department, not to mention a third of the city’s firefighters.

The mayor needed $8 million in concessions to save the jobs, concessions she wasn’t able to get. Among those were asking the officers to pay more for their health coverage or to accept salary freezes, union backed officers weren’t about to let that happen.

According to CNN.com, Camden has the second highest crime rate in the country, hardly the ideal place to layoff half of a police force. But layoff they did, with the cuts taking effect immediately.

In an effort to appease those who stated public safety would be adversely affected, the department demoted many from desk duty back to patrol. Ninety-two percent of officers will be on the streets with the majority of layoffs occurring at the administrative level. The union, however, and likely anyone else with a sense of how law enforcement works states that cuts on such a dramatic level will affect safety.

Police Chief Scott Thomson admits that they won’t be able to respond to non-injury accidents, minor thefts, or calls about vandalism anymore—that they simply don’t have the manpower for these less serious offenses.

Although Camden’s population has shrunk over the past several years, from around 120,000 to 79,000, the department will only be working with around 200 officers, a number that is remarkably small for such a high crime city.

Logic would tell us that fewer cops will mean more crime or at least a smaller percentage of crime being penalized. And while crime rates are dropping across the country, it will be interesting to see how the layoffs affect the crime rate in Camden.

The cuts will be felt but this doesn’t give people the free-pass to commit crimes. Though 200 officers doesn’t seem like much, their impact will still be felt. Criminal charges will continue to be levied and the local courts will likely remain overburdened.

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