Burglar’s Tools, N.J.S.A. 2c:5-5

Burglar's Tools, N.J.S.A. 2c:5-5, shovel, spade, brick crowbars, slim jims, prying devices, lock pick, master keys, bolt cutters, center hole punch, dog treats, porcelain chips, screwdrivers, pliers, hammers, ropes, ceramic spark plugs, torches, thermal lances, explosives, dynamite, gun powder, 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, traffic ticket, juvenile, attorney, lawyerOn July 1, police in Evesham Township arrested a man in the parking lot at the Route 73 L.A. Fitness, per the news. Indeed, the cops alleged the man possessed pry bars, screwdrivers, a hammer, heroin, marijuana, and hypodermic needles. Consequently, the cops charged him with fourth-degree possession of burglary tools. Additionally, they charged him with third-degree possession of heroin. They also charged the male with possession of hypodermic needle and possession of marijuana, both disorderly persons offenses.

This arrest, however, was not the result of chance. On the contrary, at 4 p.m. authorities received a report about a suspicious male in a nearby Whole Foods parking lot. But the media does not disclose what the male did that appeared suspicious. Read More

Definitions for Burglary and Related Offenses

Definitions for Burglary and Related Offenses

definitions for burglary and related offensesThese definitions for burglary and related offense apply to these terms, unless a different meaning plainly applies:

Structure means any building, room, ship, vessel, car, vehicle or airplane, and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.

Utility Company Property means property (1) owned by a public utility, as defined in R.S.48:2-13, or by a municipality, county, water district, authority or other public agency, and (2) used for the purpose of providing electric, gas or water utility service.
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Lesser Included Offenses under New Jersey Law

Lesser Included OffensesIn an unpublished opinion, the Superior Court, Appellate Division of New Jersey reversed a jury’s guilty verdict for a defendant charged with third-degree terroristic threats, second-degree burglary, and fourth degree stalking. State v. Jose Ortiz. The panel held the judge violated the doctrine of Lesser Included Offenses by failing to charge simple assault at trial.

The news story appeared on nj dot com. This post will summarize the legal doctrine the panel applied to this case. Read more

Burglary under N.J.S.A. 2c:18-2

burglary, N.J.S.A. 2c:18-2The investigation of a November 1st breaking-and-entering by East Greenwich police resulted in charges against Daniel E. Holmes. The burglary allegedly occurred in Clarksboro, New Jersey, at a Heritage’s store on Kings Highway, according to nj.com. Apparently police responded to the scene for an alarm activation, and found the store’s front glass door smashed with a brick. Cigarettes were the only items stolen, according to the media.

Consequently, local authorities charged Holmes with burglary as well as other crimes, according to the press. Additionally, authorities believe Holmes allegedly participated in other recent smash-and-grab Read more