In criminal matters, the State is tasked with proving a defendant’s guilt. A defendant, conversely, does not bear any burden of proof and is not required to offer any evidence. In some instances, though, a defendant may wish to assert an affirmative defense in order to avoid a conviction. The affirmative defense of third-party guilt was the topic of a recent New Jersey opinion in a case in which the defendant appealed his convictions for numerous crimes arising out of the theft of a vehicle. If you are accused of theft or any other crime, it is wise to confer with a New Jersey criminal defense attorney to evaluate your possible defenses.

The Alleged Crime

It is reported that a man stole a blue SUV in March 2017 and then picked up the defendant and another individual. A police officer recognized the SUV on the highway and began following it. A high-speed chase ensued, and the SUV ultimately careened out of control and spun into a pole. The driver died on the scene. The defendant was charged with multiple crimes, including aggravated manslaughter, vehicular manslaughter, and receiving stolen property.

Allegedly, throughout the trial, the prosecution referred to the deceased man as the carjacker but indicated that the defendant was driving at the time of the crash and that if he had pulled over, the deceased man would have lived. The defendant was convicted as charged and appealed, arguing in part that the trial court erred in failing to instruct the jury regarding third-party guilt. (more…)

If a criminal defendant is charged with multiple offenses stemming from different incidents, the State will often try the defendant separately for each event. In some instances, though, the State may join multiple indictments for trial. While this is generally permissible, it may be barred in certain circumstances. Recently, a New Jersey court discussed when multiple indictments can be combined at trial, in a case in which the defendant was charged with two separate acts of shoplifting. If you are accused of committing one or more crimes, it is critical to retain an aggressive New Jersey criminal defense attorney who will fight to protect your rights.

Facts of the Case

It is alleged that the defendant took merchandise from a video game store in January of 2014. Then, in September 2015, he reportedly stole merchandise from a second video game store. The police used surveillance footage from the second incident to investigate both crimes, after which the defendant was indicted for two separate counts of third-degree shoplifting, one for each incident.

The State moved to join the indictments for trial, arguing in part that evidence relating to each crime would be admissible in both trials if the cases were tried separately. The court granted the motion, and the defendant was convicted of third-degree and fourth-degree shoplifting. He appealed, arguing in part that the joinder of the indictments for trial was improper as the evidence of either event would not have been admissible if there were separate hearings.

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A Hazlet man was arrested and charged with theft for stealing a wallet out of a woman’s shopping cart at K-Mart. The suspect has been charged with Theft by Unlawful Taking.  Bail has been set at $25,000 and the case will undoubtedly be referred to the Monmouth County Superior Court in view of the bail amount (i.e. appears to be Third Degree bail).

Under N.J.S.A. 2C:20-3 of New Jersey Criminal Law, an individual may be indicted for Theft by Unlawful Taking or Disposition and this can be a Second Degree, Third Degree or Fourth Degree crime. An indictment is properly grounded under N.J.S.A. 2C:20-3 when an individual unlawfully takes or exercises unlawful control over the property of another. The term “unlawful” refers to the accused’s knowledge that he was not entitled to take, exercise control over or dispose of the property. The accused must also intend to deprive the true owner of the property.

Here there is no question that the defendant comitted a theft by unlawful taking provided the story is accurate. He snatched the wallet and took off with it thereby manifesting an intent to deprive the owner of the property. The only real issue in this case appears to be where the charge will fall in terms of Degree of Crime. The grading of a theft by unlawful taking is predicated on the value of property or money involved: (a) it is a Second Degree Offense if the theft involved a value of $75,000 or more; (b) it is a Third Degree Offense if the value involved is between $500 and $75,000; and (c) it is a Fourth Degree Offense if the value involved is between $200 and $500. The extent of this suspect’s problem will hinge on how much money the woman was carrying in her wallet.  I certainly hope the victim did not have a winning lottery ticket in her wallet.