Hindering Apprehension, N.J.S.A. 2c:29-3

Hindering Apprehension, N.J.S.A. 2c:29-3, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerTrenton cops charged a man who ran after they confronted him, and found 118 decks of alleged heroin on him. The cops claim they saw a drug transaction with this man as the seller. When they confronted him, however, they say he ran. Nevertheless, the cops caught him and found the alleged CDS and currency. Consequently, they charged him with hindering apprehension, heroin possession, heroin possession with intent to distribute, disorderly conduct, resisting arrest and obstruction.

On an unrelated note, I had a unique experience while returning today from the Cumberland County Courthouse to my office. Traveling on Route 77, Read more


Resisting Arrest and the Rise of #Resist

#Resist


Have you noticed #resist on social media? Unless you live under a rock, the answer should be an emphatic yes! Its rise in popularity appears to be a result of the election of Donald Trump. For example, after his first Muslim ban, #Resist and #TheResistance appeared in over 2.5 million tweets Read more


Fraudulently Obtaining CDS, N.J.S.A. 2c:35-13

Fraudulently Obtaining CDS, Controlled Dangerous Substances, CDS, N.J.S.A. 2c:35-13, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerWestampton cops charged a Delanco woman with using a forged prescription to get painkillers. Indeed, they arrested the woman at a CVS where she allegedly presented a forged script for oxycodone and, previously, Xanax. The authorities charged the woman with forgery, fraudulently obtaining CDS (prescription medication), and attempting to obtain CDS (prescription medication) by fraud.

WebMD dot com provides these warning signs of painkiller addiction. They are:

  1. Thinking alot about your medication
  2. Taking different amounts than prescribed by your doctor
  3. Doctor shopping
  4. Getting painkillers from other sources
  5. Long term painkiller use
  6. Getting angry when someone tries to talk about it Read more

Time Limitations pursuant to N.J.S.A. 2c:1-6

drinking and driving, crime, disorderly persons offense, petty disorderly persons offense, drunk driving, dui, dwi, Time limitations, N.J.S.A. 2c-1-6, statute of limitations, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerTwelve years after an alleged incident, police arrested a man, took him from his home, and threw him in jail. Subsequently, a Union County grand jury returned an indictment against the South Plainfield man for murder and weapons offenses. Twelve years is a long time. Additionally, the victim died less than a day after the police found him shot in the head. Furthermore, authorities have not revealed to the media the reason for the 12 year delay. The only reason the State can get away with charging a man over a decade later is the statute that sets forth time limitations. What kind of evidence did the State spend all these years obtaining? Additionally, how good are their witnesses against this man? How well do they remember events from 12 years ago? Furthermore, how will this man track down defense witnesses? These and other questions create skepticism and doubt about the State’s case.
Read more

Consideration for Pretrial Release, N.J.S.A. 2A:162-17

bail reform act, bail, consideration for pretrial release, njsa 2A-162-17, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerPreviously I blogged about the New Jersey Bail Reform Act. The law favors pretrial release. But it also requires the court to analyze various factors. This post will set forth the factors the court must weigh in consideration for pretrial release of an eligible defendant.

Except as otherwise provided concerning a hearing on pretrial detention, the New Jersey Bail Reform Act requires a court to make a pretrial release decision for an eligible defendant without unnecessary delay, but in no case later than 48 hours after the eligible defendant’s commitment to jail. Read more


Schedule IV, Controlled Dangerous Substances, N.J.S.A. 24:21-8

Schedule IV

a. Tests. The director shall place a substance in Schedule IV if he finds that the substance: (1) has low potential for abuse relative to the substances listed in Schedule III; (2) has currently accepted medical use in treatment in the United States; and (3) may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule III.

b. The controlled dangerous substances listed in this section are included in Schedule IV.

c. Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with Read more


Schedule III, Controlled Dangerous Substances, N.J.S.A. 24:21-7

Schedule III

a. Tests. The director shall place a substance in Schedule III if he finds that the substance: (1) has a potential for abuse less than the substances listed in Schedules I and II; (2) has currently accepted medical use in treatment in the United States; and (3) abuse may lead to moderate or low physical dependence or high psychological dependence.

b. The controlled dangerous substances listed in this section are included in Schedule III, subject to any revision and republishing by the director pursuant to subsection d. of section 3 of P.L.1970, c.226 (C.24:21-3), and except to the extent Read more


Schedule II, Controlled Dangerous Substances, N.J.S.A. 24:21-6

Schedule II

a. Tests. The director shall place a substance in Schedule II if he finds that the substance: (1) has high potential for abuse; (2) has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) abuse may lead to severe psychic or physical dependence.

b. The controlled dangerous substances listed in this section are included in Schedule II, subject to any revision and republishing by the director pursuant to subsection d. of section 3 of P.L.1970, c.226 (C.24:21-3), and except to the extent Read more


Schedule I, Controlled Dangerous Substances, N.J.S.A. 24:21-5

Schedule I

a. Tests. The director shall place a substance in Schedule I if he finds that the substance: (1) has high potential for abuse; and (2) has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision.

b. The controlled dangerous substances listed in this section are included in Schedule I, subject to any revision and republishing by the director pursuant to subsection d. of section 3 of P.L.1970, c.226 (C.24:21-3), and except to the extent Read more


New Jersey Controlled Dangerous Substances Act, Definitions

Administer

The direct application of a controlled dangerous substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (1) a practitioner (or, in his presence, by his lawfully authorized agent), or (2) the patient or research subject at the lawful direction and in the presence of the practitioner.

Agent

An authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof.

Commissioner

The Commissioner of Health.

Controlled dangerous substance

A drug, Read more