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

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

Previously 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

<h2″>Schedule Ia. 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

Intoxication: Does this provide a defense to a crime under New Jersey law?

RIVERSIDE TWP.—Local cops charged an allegedly drunk train passenger with aggravated assault on a police office. The NJ Transit River Line passenger had allegedly consumed alcohol and cursed at passengers, per the news. Police claim the man had multiple open containers of beer when they approached him. Additionally, while escorting him off the train, the man allegedly assaulted one cop. Furthermore, they claim the senior citizen spit in the face of another. Eventually, the cops took the passenger to a hospital for his extreme level of intoxication. Consequently, Read more

Privilege Against Self Incrimination under New Jersey Law

Last week I blogged about the Fifth Amendment, Miranda v. Arizona¹, and the right to remain silent. This post will summarize how New Jersey’s privilege against self incrimination applies more broadly than federal law. Additionally, it will look at issues related to federalism.

Before an American court will admit a confession, the State must prove the police informed the individual of her rights. Additionally, the State must prove s‎he knowingly, voluntarily, and intelligently waived her rights before she confessed. Indeed, these warnings negate perceptions related to psychological stress in police-controlled circumstances. This stress might compel a person to ‎speak where she would not have spoken otherwise. Read more

Cocaine Possession with Intent to Distribute, N.J.S.A. 2c:35-5

Cocaine Possession with Intent to Distribute, Possession with Intent to Distribute Controlled Dangerous Substances, N.J.S.A. 2c:35-5, cocaine, Coke, Flake, Snow, Blow, White, Toot, Base, Basa, Powder, Dust, Big Rush, Pearl, Candy, Cola, C, Big flakes, Nose candy, Baseball, Bump, Line, Rail, Snow, Stash, Yeyo, Snow coke, Rocks, Black rock, Chemical, Candy, Nuggets, Gravel, Grit, Hail, Hard rock, Jelly beans, Cookies, Dice, Purple caps, Scrabble, Yam, Sleet, Tornado, Speedball, Spaceball, Woo-woo, Cocopuffs, Woolies, Boy-girl, Candy flipping, Bumping up, Snow seals, Flamethrowers, 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, lawyer

NEWARK—The Essex County Sheriff’s Office Bureau of Narcotics charged a father and son after a raid on their bodega. The cops allegedly seized pot, cocaine and pills, per the news. The authorities executed a search warrant, suggesting they had the pair under surveillance for some time. This is because the Fourth Amendment¹ requires police to file sworn affidavits with the court to establish probable cause before a judge will issue a warrant. Of course, the investigation provides the basis for the affidavits. Additionally, before entering the store, surveillance officers claim they saw the father remove a black bag from a nearby parked car and place it behind the store’s counter. Authorities claim this bag held cocaine and marijuana. Furthermore, the police also claim to have found an opioid pain medication while executing the warrant. Among other crimes, the cops filed charges for cocaine possession with intent to distribute. Read more

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