Impersonation; Theft of identity, N.J.S.A. 2c:21-17
NEW BRUNSWICK—Hon. Dennis Nieves, J.S.C., recently sentenced a Sayreville couple for their involvement in an identity theft ring targeting mental health patients, per the news. The basic facts remind me of Pres. Barack Hussein Obama’s memorable statement, If you’ve got a business — you didn’t build that. Somebody else made that happen. For this couple, however, the admonition actually applies. Indeed, it is as if the couple took Pres. Obama’s words to heart. In the same speech, he said, there are some things we do better together. Acting together, the pair apparently stole thousands of dollars with the stolen identities through shopping sprees, trips, and food, per the news. The couple previously plead guilty to theft of identity and other related offenses. Keep on reading!
Withdrawal of Plea, R. 3:9-3
New Jersey Superior Court Judge Salem Ahto recently rejected a former Mount Olive cop’s motion for withdrawal of plea. And he took 90 minutes to do it, too! Apparently, the judge intended the lecture as a tribute. Indeed, Judge Ahto told the officer, “I don’t want you to think I just blew through this,” per nj dot com. Additionally, he said, “I’m aware of your contributions to the community.” Now that is a fine how-do-ya-do. Then again, when is the next time the judge will address an audience of 60 supporters for a defendant in his courtroom? The officer had previously entered a guilty plea to obstructing administration of law. Therefore, under the plea agreement, the State dismissed one count of Official Misconduct, and the cop received a $625 fine, with no jail time or probation. But he had to give up his job. Keep on reading!
Loitering to Obtain or Distribute CDS, N.J.S.A. 2c:33-2.1
Gloucester Township police arrested 13 people after a two-month “drug house” investigation, per patch dot com. But apparently the house was actually an apartment, not a house. Indeed, detectives and the Gloucester Township Police Special Response Team (SWAT) executed a search warrant at the Fairways Apartment Complex. While at the scene investigating, police arrested 10 people with loitering to obtain or distribute CDS. Additionally, the cops charged three primary suspects with more serious crimes after they seized:
- over 250 bags of alleged heroin,
- a quantity of alleged marijuana,
- a quantity of alleged fentanyl patches,
- 118 alleged prescription pills,
- and over $12,000 in cash.
The Right to Remain Silent, Miranda v. Arizona
Disorderly Conduct, NJSA 2c:33-2
Do you remember Jake and Caroline in Sixteen Candles? Some people know how to throw a party! Similarly, a couple of Monmouth University football players recently hosted 200-300 people at a party, per nj dot com. They had more guests than some weddings! But when a fight broke out after they turned away 30 people, police responded from Deal, Ocean Township, Long Branch, and Allenhurst. In addition to causing a fight, apparently the rejection also caused the disgruntled guests to vandalize cars. In addition, police claim several smaller fights broke out as they tried to clear the premises. Thus far, the police charged only two tenants and a guest with various offenses, including Disorderly Conduct. Keep on reading!
Bail Reform and Political Scapegoating
Recently I read about and listened to Gov. Chris Christie’s criticism of the bail bond industry in the context of New Jersey bail reform.1Like a politician, he conjured up a scapegoat by shining a spotlight on bail bondsmen while defending the Bail Reform Act. Indeed, Gov. Christie claimed, “The bail bonds community has made a fortune over the years predominantly on the backs of poor people in New Jersey.” Oh, really? Read more
Pretrial Detention and the N.J. Bail Reform Act
Under what circumstances may the prosecutor file for pretrial detention?
The State may file for the pretrial detention of an eligible defendant charged for any crime or offense:1
- of the first or second degree enumerated under subsection d. of section 2 of N.J.S.A. 2c:43-7.2
- that subjects the eligible defendant to an ordinary or extended term of life imprisonment;
- if the eligible defendant’s criminal history reflects convictions for two or more offenses for either of the above categories;
- enumerated under paragraph (2) of subsection b. of section 2 of N.J.S.A. 2c:7-2 or crime involving human trafficking pursuant to section 1 of N.J.S.A. 2c:13-8 or N.J.S.A. 52:17B-237 et al. when the victim is a minor, or the crime of endangering the welfare of a child under N.J.S.A. 2c:24-4;
- enumerated under subsection c. of N.J.S.A. 2c:43-6;
- involving domestic violence as defined in subsection a. of section 3 of N.J.S.A. 2c:25-19; or
- for which the prosecutor believes there is a serious risk that:
- the eligible defendant will not appear in court as required;
- the eligible defendant will pose a danger to any other person or the community; or
- the eligible defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror.
Speedy Trial, Excludible Time, and New Jersey Criminal Justice Reform
Previously I blogged about the Pretrial Detention Hearing Factors under the New Jersey Bail Reform Act. Although the policy of New Jersey’s criminal justice reform favors pretrial release, a prosecutor may move before the court for pretrial detention. In practical terms, a defendant ought not get his hopes up until the court orders the defendant released from custody. Indeed, the court could grant the State’s motion. Consequently, the State would lock up the defendant. If so, in addition to other obligations the court must also calculate speedy trial deadlines.1, 2
But the court may also exclude thirteen thirteen periods in calculating the time for a case to be indicted and tried.3 Read more
Pretrial Detention Hearing Factors
The Three Primary Goals of the New Jersey Bail Reform Act
Previously I blogged about the New Jersey Criminal Justice Reform and the Bail Reform Act, which took effect on January 1, 2017. Among other things, these legal developments favor, though not exclusively, the pretrial release of eligible defendants. But a prosecutor may file a motion for the court to permit the State to lock up the defendant before trial. Accordingly, the Bail Reform Act provides Pretrial Detention Hearing Factors for the court to consider.
In deciding whether to grant a prosecutor’s motion for pretrial detention, the court must find no amount of monetary bail, non-monetary conditions or combination of monetary bail and conditions Read more