Drug courts exist to help those accused of drug crimes get the treatment they need and want. But they are voluntary, and not everyone opts to have their cases heard in a drug court. If Governor Christie has his way, however, every qualifying drug offender would be required to participate in drug court programming, a suggestion that has some people worried.

Drug courts are far different from criminal courts. They take someone who is accused of a drug offense and put them under the strict supervision of the courts. Offenders are able to avoid jail time by participating in treatment programming, mental health services, and by maintaining employment or education, and staying crime free.

Drug courts are not easy and many people who would qualify for their services choose not to, whether because they would rather serve the jail time and put the incident behind them or because they simply aren’t ready to get help for an addiction.

Governor Christie sees drug treatment in lieu of punishment, a crucial key to fighting drug use and drug-related crimes in the state. By making drug courts mandatory, he hopes he can stretch their successes to those people who wouldn’t voluntarily participate.

Christie has asked for an additional $2.5 million from lawmakers this year in his budget proposal, strictly for expanding the drug courts. This price tag is just one reason that some are questioning the move. They suggest that $2.5 million isn’t enough for the kind of reach Christie wants and that it is only the tip of the iceberg.

An alternate program, offered by Democratic Senator Ray Lesniak, would expand the drug courts, but not to the extent that Christie wants. It would limit the mandatory drug court idea to only two counties and “expand the eligibility requirements to participate,” according to the Stateline.

Chairman of the state Senate budget and appropriations committee Senator Paul Sarlo estimates Lesniak’s pilot program would cost about $2.6 million per year and serve 131 people. Christie’s plan, on the other hand, is estimated to cost about $9.1 per year and serve 482 annually.

Another issue with the suggested mandatory courts is whether they would work for the people being forced into them. Treatment experts say that an addict or user has to want help before they are able to put down the drugs, a mandatory treatment program might be a waste of resources for those who simply aren’t ready.

Currently, drug courts exist throughout the state and are available for a wide number of drug offenders. The program isn’t easy but is shown to be very successful.

If you are facing drug charges and are curious about the drug courts and whether or not you would be a potential participant, contact us today to discuss your options.

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A 30-year old Guttenberg man is facing numerous criminal charges following a tragic accident that occurred last weekend. He is accused of driving drunk and causing an accident that ended in the death of his infant niece, only one year old.

According to The Jersey Journal, the man was driving his BMW X3 with six passengers inside. One of the passengers was his niece, who was sitting on someone’s lap. The BMW was heading north on Boulevard East around 9:30 p.m. when he is alleged to have crossed the center lane into oncoming traffic.

The child was immediately taken to Jersey City Medical Center but was then medevac’d to Hackensack University Medical Center. She died at approximately 2 a.m.

The child’s injuries were the only serious ones, but the man is likely facing a considerable amount of pain knowing his potentially preventable actions killed his young family member.

He is now charged with numerous different offenses including: endangering the welfare of a child, reckless driving, not having the child in a car seat, assault by auto, four DWI related charges and the most serious—vehicular homicide.

People are arrested for drunk driving every single day. Fortunately, it rarely ends in such tragedy. Typically the police pull someone over for erratic driving and it’s then that they are discovered to have possibly had too much to drink.

The legal limit in the state of New Jersey is .08. It isn’t clear what his blood alcohol content was, but considering the charges, it’s likely he was over the legal limit.

Each person is unique and how many drinks it takes you to get to a blood alcohol content of .08 is also unique. Sometimes, people feel completely fine and not intoxicated. It’s only when they are cuffed in the back of a cop car that they reconsider their choice to drive.

When you are accused of drunk driving, it can be a frightening time. Not only are you facing serious legal penalties, your reputation can be tarnished. Fortunately, not all charges end in conviction and as a local DWI attorney, I can help minimize the effects of such charges on your life.

If this is your first offense, your penalties could be much less severe than someone who already has a history of drunk driving. But when you’re the one facing jail time, “less severe” isn’t lenient enough.

If you are accused of any criminal charge in New Jersey, contact my offices today to discuss your case and how we might be able to help.

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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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