The New Jersey Appellate Division issued its opinion in State in the Interests of P.M.P. on Monday. The case involved the issue of whether it was proper for county investigators to interrogate a juvenile who had been arrested for sexual assault but who was already represented by counsel in a separate matter.  The suspect provided a full confession during the course of the interrogation and his attorney sought to invalidate the confession. In ruling on this issue, the Trial Court found that it was improper for the questioning to take place without counsel being present.  

The Appellate Division overturned the Trial Court and concluded that the confession was properly admissible against the Juvenile.  In reaching this conclusion, the Court found the fact that the juvenile knowingly and voluntarily waived his right to counsel to be significant. The Court also reasoned that juvenile delinquency is a different process with different objectives such that the rule which might apply to adult criminal defendants in a similar position need not be applied in the context of a juvenile defendant.

I find the decision in this case somewhat alarming.  The case has opened the door to a rather scary scenario where juvenile defendants can be interrogated without counsel notwithstanding full knowledge that he is represented by counsel in an independent case.  The New Jersey Juvenile Defense Lawyers at our office will continue to apply the philosophy that children should be afforded greater protection than adults and that the decision in this case is therefore more of a reflection of unique facts rather than a general proposition of law to be applied in every case.

The NY Daily News reported Wednesday that Lawrence Tynes, the kicker for the New York Giant, is seeking a pardon for his brother.  His brother is currently serving a 27 year Federal prison sentence for drug distribution.  The hope is that President Bush will include the pardon as part of those anticipated prior to his departure from office.

Where an individual is seeking relief from a Federal conviction, an expungement is not permissible.  Federal law does not provide for expungement but does allow for pardon. The process is extremely involved and pardons are only granted on a limited basis.  An attorney experienced in expungement and Federal pardon is an absolute must if an individual is going to have any probability of success in our view.

The slumping economy has apparently resulted in more Divorced Couples Living Together.  One would expect incidents of domestic violence to escalate in New Jersey if this information is accurate.  Arguments are bound to crop up, for example, what happens when an ex-spouse starts dating?  This is obviously the extreme but these types of scenarios will have to be dealt with diplomatically, otherwise, we are going to have a flood of restraining orders and domestic violence complaints.

It is sad that financial stresses have gotten so bad as to mandate divorced couples residing with one another.  Our criminal defense lawyers see the negative effect of forced interaction between estranged spouses almost every day.  We can only hope that the financial realities for continuing to live together temper behavior or families will be further damaged.

The New Jersey State Police highway fatality statistics are in and the numbers have significantly declined.  In fact, there was in excess of a twenty percent reduction in the roadway fatilities in Monmouth County and Middlesex County, and an approximately fifty percent reduction in Ocean County.  The total fatalities statewide were 724 in 2007, as compared to 547 drivers and passengers in 2008.

There is no doubt that a number of measures were undertaken this year to insure that the fatalities were reduced.  In particular, the New Jersey Administrative Office of the Courts and/or Attorney General’s Office adopted strict rules prohibiting amendments of traffic tickets for probationary drivers.  They have also sought heightened enforcement against this class of drivers based on several highly publicized fatalities in prior years. 

My observation is that there are a number of factors which effected these figures including the reduction in driving which has taken place based on higher fuel costs and the declining economy.  Irrespective, it is nice to see that lives were saved this year.

The Red Bank Police Department shall conduct a checkpoint (a.k.a. roadblock) which is intended to target drunk drivers.  The checkpoint shall be stationed on Newman Springs Road and shall be in effect from 11:00 p.m. to 3:00 a.m.  Drivers shall be subject to random stop at the checkpoint.

Checkpoints such as this one in Red Bank are set up at locations which have shown a higher incident of dwi arrests than elsewhere in a municipality.  Newman Springs Road undoubtedly falls within this category as it is basically the main roadway in and out of the restaurant and club sector in downtown Red Bank.

We appear in Red Bank Municipal Court all the time as it is the location of our main office.  We anticipate that there may be arrests made this evening although we hope this blog helps to reduce the numbers.

On Tuesday, the Elizabeth police made an arrest for distribution of small plastic bags commonly used to package marijuana.  While the case is somewhat unorthodox, there were approximately 4.0 million bags seized.  It was believed that the convenience store in question was the primary source for packaging materials in Elizabeth.  The police also seized digital scales, grinders, and approximately $66,000 in cash.

We have occasion to handle quite a number of marijuana charges in Union County Superior Court, as well as the municipal courts throughout the County.  While the arrest may be a legitimate one, I have a hard time believing that the arrest was intended to yield paraphernalia only.  The effect of the arrest on Marijuana distribution in Elizabeth and Union County probably will be neglible unless it yields cooperation, which is always a possibility.

Unfortunately, the poor judgment shown by Plaxico Burress may have perpetuated into another problem.  It was reported yesterday that the Totowa Police Department executed a search warrant at Burress’ home and that at least two guns were confiscated, along with a cache of ammunition.  Various publications have reported that one of the firearms was a handgun.  It is presumed that Burress lacks a license for a handgun insofar as he apparently failed to possess one early this month when he shot himself in New York and it would be next to impossible to secure one in New Jersey in the interim given the pending charges. 

While I am not on a speaking basis with Benjamin Brafman, defense counsel for Plaxico, he clearly is a skilled and savvy attorney.  I could almost guarantee that he counseled Mr. Burress about the risk associated with continued possession of a handgun and the possibility of a search warrant.  It is extremely difficult then to explain why the firearm was found in Burress’ New Jersey home other than to simply attribute it to a course of poor judgment.  This will undoubtedly result in a NJ gun charge if the information which has been reported is correct.  Lets hope this is the last chapter of this story.

Last month, a routine call to investigate a suspicious vehicle ended up resulting in seizure of approximately $250,000 of marijuana in Freehold.  A township police officer was responding to a call from a neighbor regarding a suspicious vehicle and when he pulled up to a U-Haul in the driveway,  he saw a large stash of marijuana plants apparently being moved.  On further investigation, many more plants and a marijuana production facility was discovered in the house. 

I am not naive enough to believe that small marijuana production facilities exist throughout New Jersey and Monmouth County.  However, this bust seemed to be a little more than one would anticipate.  There may be, however, an interesting issue concerning the arrest insofar as it sounds like the officer entered the house without a warrant.  A substantial portion of the weight of marijuana was comprised of the plants inside the house and they may well be excluded from the case because of a bad search.  The defense attorneys on the case will have to see how the facts unfold.

Our defense firm handles a substantial amount of marijuana charges in Monmouth County every year.  We find the prosecutors to be tough but fair.  While charges of manufacturing or distributing marijuana, or maintaining a marijuana production facility, are very serious, choosing an attorney experienced in handling marijuana charges in Monmouth County may make a big difference in the outcome of this case. 

The problematic allegation of odor of marijuana has, once again, been endorsed by our Courts as a valid basis for a warrantless automobile search.  In State v. Pena-Flores, the Supreme Court of New Jersey held that a valid traffic stop can properly mushroom into a full search where there is an odor of marijuana in the vehicle compartment.

Pena-Flores was stopped by Cranford police for a motor vehicle infraction.  As the officer approached the vehicle, he was unable to see into the car because of tinted windows.  Nonetheless, there was allegedly a strong odor of marijuana when he asked the driver for credentials.  The driver and his passenger were thereafter removed from the car and an ensuing search revealed drugs and a gun. The Supreme Court found the search by the Cranford police officer valid based on the fact that there was probable cause to believe that the vehicle contained marijuana by virtue of the smell of pot.

The imfamous “odor” or “smell” of weed rationale is obviously alive and futile.  I do not know why, however, the Court does not just pronounce a policy to be followed whenever there is a smell of weed from a car.  Why not simply arrest the occupants for consumption and get a warrant?  The reason for this is quite simple, that would subject police to scrutiny whenever they use smell of marijuana as their basis to search a vehicle. There surely has to be some common ground to establish a balance here and good lawyering will continue to be the only way for achieving this goal until such time as the Court takes a different view of this issue.