Defense of Others, N.J.S.A. 2c:3-5

Recently Fair Lawn authorities charged a husband and wife after an alleged altercation involving road rage and another driver. News reports indicate problems began when the husband stopped his minivan in front of a compact car. After the drivers emerged from each vehicle, they exchanged words. Next, news reports claim the husband returned to his vehicle and got a golf club. Subsequently, he hit the other man in the head with it, per the news. Because the physical struggle continued, the wife also allegedly struck the man several times with club. Thus, some might view her actions as defense of others. Nevertheless, the cops charged the husband and wife with aggravated assault and possession of a weapon for an unlawful purpose. Read More

Possession as an Act, N.J.S.A. 2c:2-1(c)

Hoboken cops recently charged five young adults with various drug offenses, per the news. Indeed, the charges include drug possession and drug possession with intent to distribute, per nj dot com. It all began when the cops saw an illegally parked car. Additionally, the cops claim the vehicle was registered to an individual with a suspended license. But the news report does not indicate what made the position of the car illegal. Furthermore, although the vehicle apparently moved, the news omits that detail. Instead, the news indicates the cops stopped the vehicle two blocks from the illegal parking spot. While approaching the vehicle, the cops allegedly saw a cloud of smoke exit from the window. And apparently it was the driver’s window, but the news is ambiguous about that too. Moreover, the cops allegedly detected a strong odor of burnt marijuana inside the vehicle. Read more

Conspiracy, N.J.S.A. 2c:5-2

A five month investigation in Hudson and Passaic counties resulted in a drug bust involving eight people, per the news. Indeed, the cops charged residents of North Bergen and Clifton on various drugs and weapon charges. Consequently, the charges against two include leading a narcotics trafficking network. Additionally, the charges include possession with the intent to distribute prescription legend drugs and possession of a prohibited device. As well, the charges include conspiracy to commit money laundering and money laundering. Furthermore, charges include unlawful possession of a weapon during commission of a drug offense, and unlawful possession of weapon. Also, the cocaine charge includes conspiracy to distribute cocaine. Moreover, marijuana charges include conspiracy to distribute marijuana and possession with intent to distribute marijuana. Read More

Criminal Attempt, N.J.S.A. 2c:5-1

Fans of Bruce Springsteen around the world know down the shore everything’s all right. Unfortunately, recent news suggests some problems there for one Jersey Girl. Indeed, Wildwood City cops recently charged a nurse with various crimes involving prescription fraud, per their news release. The investigation began when a victim reported a female of Asian descent for allegedly filling out prescriptions in his name. And the cops claim they verified this with the pharmacy. The investigation developed when police received a subsequent complaint of an Asian female’s alleged attempt to fill a fraudulent prescription. This time, the suspect had not left the premises. Consequently, the police arrested her. Additional investigations indicate the nurse allegedly forged prescriptions on more than one date. Therefore, the cops charged her with forgery, obtaining prescription by fraud, and criminal attempt, per the news.
Read More

Burglar’s Tools, N.J.S.A. 2c:5-5

On 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

Justifications For Punishment

The life of the law has not been logic; it has been experience…
Oliver Wendell Holmes Jr., The Common Law 1 (1881).

The Hopatcong cop charged with simple assault after his encounter with an air horn wielding individual in a bunny costume has made the news again. If nothing else, this will provide a case study, an object lesson if you will, in the justifications for punishment. I learned this in law school, so you might want to pay attention.

Apparently, the Sussex County First Assistant Prosecutor recently charged the officer with harassment, too. Indeed, one might say the government is providing the officer with on the job training for something that the criminals already know—don’t get caught. And let’s be candid. 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, lawyer

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.
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

Self Defense, N.J.S.A. 2c:3-4

Willingboro cops charged a woman for allegedly killing her husband, per nj dot com. Charged with murder and a weapons charge, she allegedly struck him over and over with a fire extinguisher. Another press release from law enforcement passed off as the news. Who might question their narrative?
Read more

General Requirements of Culpability, N.J.S.A. 2c:2-2

This is the final post in a series on the mental culpability element in criminal law. The previous posts addressed the common law and the Model Penal Code (“MPC”). Those posts are available here, here, and here. This post, however, will discuss statutory reform and New Jersey’s adoption of the MPC in the New Jersey Code of Criminal Justice. Furthermore, this post will focus on the General Requirements of Culpability under New Jersey law. Read more

SMOLENSKY LAW

NJ CRIMINAL DEFENSE LAWYER | Call Now! (856) 812-0321

Category: General Provisions