Former mayor and current Sparta town councilman Jerard “Jerry” Murphy, was pulled over one night in February after local police witnessed him speeding and weaving. Once stopped, they smelled alcohol on his breath and ordered the 71-year-old to perform a series of field sobriety tests, which police say he failed. Murphy was arrested on suspicion of driving while intoxicated, and cited for a variety of other traffic offenses. Cases like this highlight the complexity of many DWI arrests. Police will allege, or may be able to document via dashcam footage, that a driver was driving erratically, speeding, leaving their lane, or engaging in other behavior that suggests intoxication. The more citations you’re facing, the harder it can be to build a substantial case in your defense. You need to work with an experienced New Jersey DUI attorney who can push back at the constellation of charges you’re facing, not just the allegation that you were driving…
Sparta Councilman Faces Multiple Charges From DWI Stop
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Centennial Crash Caused by Intoxicated Teen Leaves Two Dead
On Friday, April 1, an 18-year-old man was charged with one count each of DUI, possession of a forged instrument, reckless driving, and two counts of vehicular homicide after a crash on Colorado Boulevard resulted in the deaths of two women. Taden Jones was reportedly crashed into another vehicle just after 3:30 p.m. on Friday as he was driving in the area of South Colorado Boulevard and East Peakview Circle in Centennial. Two women were inside the vehicle Jones crashed with, one of them ejected from the vehicle who died at the scene. The other woman was injured and taken to a hospital, where she later succumbed to her injuries. Jones and a passenger in his vehicle were not injured. Jones was arrested and booked at the Arapahoe County Detention Facility, his bond set at $50,000. Continue reading
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Penalties For Deceptive Business Practices (N.J.S.A. 2C:21-7) In New Jersey
Criminal Lawyer For Deceptive Business Practices (N.J.S.A. 2C:21-7) When a business engages in fraud in the course of its normal operations, owners can be charged under N.J.S.A. 2C:21-7, Deceptive Business Practices. Prohibited conduct includes: Using false weights or measures Providing less than the represented quantity of a good or service Taking more from a buyer than was agreed upon Mislabeling or adulterating goods Making false or misleading statements in advertisements. Conduct under the statute is normally a disorderly persons offense, which exposes you to up to six months in jail. This level of charge would be called a misdemeanor in most states. More seriously though, you can be charged with a crime of the fourth degree if your business engages in fraud in obtaining property or credit, or uses fraud to sell securities. Omitting required information in a securities sale is the same as providing false or misleading information. Conviction at the fourth degree level…
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New Jersey Defense Attorney For False Representation (N.J.S.A. 2C:21-7.3)
Criminal Lawyer For False Representation (N.J.S.A. 2C:21-7.3) Protecting religious minorities is one of the most important civil rights roles for a government, and in New Jersey, our state takes very seriously the dietary needs of Jewish citizens who keep kosher. Businesses that engage in deceptive practices when it comes to providing customers with kosher foods may find their owners charged with a disorderly persons offense under the False Representation statute (N.J.S.A. 2C:21-7.3). If convicted, you can be imprisoned for as long as six months, but more importantly, your business will be wide open to civil claims from customers and the state’s inspectors may even be able to shut you down. Operating in good faith and maintaining proper documentation is your biggest weapon in avoiding a False Representation charge, but if things have fallen through the cracks and you’re being investigated for claims of deceptive business practices, you need to get help right now.…
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Effects of Persistent Cannibis Dependence
Some of the best information we have in social sciences comes from longitudinal studies, where people are followed and data gathered over a long period of time. Such studies are more likely to give us definitive answers than "snapshot" correlational studies that look at a sample at one time and merely tell us that certain factors tend to go together in members of the sample.The problem with longitudinal studies, of course, is that they necessarily take a very long time to do. Some of the best work has come out of New Zealand. Magdalena Cerda, Terrie Moffitt, et al. have this article in Clinical Psychological Science on results from the Dunedin Longitudinal Study on the long-term effects of persistent marijuana use. Here is the abstract:With the increasing legalization of cannabis, understanding the consequences of cannabis use is particularly timely. We examined the association between cannabis use and dependence, prospectively assessed…
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Young & Petersilia on Surveillance, Control, and the Expansion of the Carceral State
Kathryne M. Young and Joan Petersilia (Stanford University - Bill Lane Center for the American West and Stanford University) have posted Keeping Track: Surveillance, Control, and the Expansion of the Carceral State (Harvard Law Review, Vol. 129, p. 1318, 2016)...
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Trying to Withdraw Guilty Plea After Probation Violation in Massachusetts
In Commonwealth v. Wallace, the defendant appealed from a sentence that was imposed when his probation for an unarmed burglary was revoked. He’d pled guilty, but the court denied his motion to withdraw the plea. The case arose when the defendant entered a home one night and stole various effects while the homeowner and her granddaughter were sleeping. The defendant pled guilty to larceny from a building and unarmed burglary. He entered into a plea deal even though he had a significant criminal record, and the Commonwealth claimed that he was a habitual offender. Habitual offenders have a mandatory minimum sentence of 20 years. The defendant was sentenced to three years of probation for burglary and time served on the larceny conviction. His probation issue was transferred. In 2012, the defendant was charged for a daytime breaking and entering. The Commonwealth alleged he stole property from someone’s house, and the police chased him in his car through…
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CFPB Accused of Discriminating Against Its Own Employees
Some of the recent items on the Consumer Financial Protection Bureau’s (CFPB) agenda have involved efforts to eliminate alleged discriminatory disparities amongst auto lenders and in connection with other private companies as well. However, the CFPB itself has been accused of discrimination under its own roof. Specifically, the CFPB is accused of discriminatory pay between minority and non-minority employees. During a hearing of the House Financial Services Committee at which CFPB Director Richard Cordray testified, Representative Jeb Hensarling of Texas, the chair of the committee, presented a study commissioned by the committee showing that the CFPB pays African-American employees approximately $16,000 less than their white counterparts. Director Cordray responded to the question by explaining that he did not know how the committee conducted its analysis, which Representative Hensarling had explained followed the same disparate-impact framework that the CFPB…
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California Senate Committee Passes IID Law
A couple of posts ago, I wrote about whether a person who has been convicted of a California DUI will be required to install and maintain an ignition interlock device. Currently, ignition interlock devices are only required by the DMV for people convicted of a California DUI in four counties as part of a pilot program: Alameda, Los Angeles, Tulare and Sacramento. Otherwise, the requirement that a person install an ignition interlock device is dependent upon whether a judge orders it as a condition of probation. Last year, Senate Bill 61 extended the pilot program, which was set to end January 1, 2016, to July 1, 2017. July 1, 2017, however, was too long for Senator Jerry Hill. Hill authored Senate Bill 1046 which, if passed, would require people convicted of a DUI to install an ignition interlock device in their vehicle throughout California. The bill took a big step into becoming law this past week when the California Senate Public Safety Committee voted 7-0 in favor…
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New Jersey Defense Lawyer For Misrepresentation Of Mileage Of Motor Vehicle (N.J.S.A. 2C:21-8)
Criminal Lawyer For Misrepresentation Of Mileage Of Motor Vehicle (N.J.S.A. 2C:21-8) Because of the nature of the used car market, a number of laws are in place to protect consumers from deceptive business practices by dealers. One of those, Misrepresentation of Mileage of Motor Vehicles (N.J.S.A. 2C:21-8), can be charged in cases where a dealer is believed to have tampered with a car’s odometer. The charge is a disorderly persons offense, with a maximum sentence of six months, but can be charged separately for each incident. You’ll also be open to civil claims based on the charges, and beating those suits can be extremely difficult if you’ve been convicted. The state’s Division of Motor Vehicles is also specifically authorized by the statute to revoke a motor vehicle dealer’s license upon notification and hearing. Fighting these charges isn’t just important to your freedom, but also to your career and your business. An experienced New…
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Who Let the Dogs In?
Supreme Court of Illinois holds that use of a drug-detection dog violated Fourth Amendment in People v. Burns. On January 10, 1013 at 3:20 am, the police along with a drug-detection dog went into defendant’s apartment building. This officer and his dog got into the building when a tenant let in a fellow officer, who was undercover. The drug dog alerted to defendant’s apartment door and a search warrant was obtained. The apartment was searched, drugs were found, and defendant was charged. The Illinois Supreme Court first looked at the United States Supreme Court case of Florida v. Jardines, in which the police took a drug dog to the front porch of the defendant’s home and sniffed the door. The Supreme Court of the United States found that this was a search for Fourth Amendment purposes. The US Supreme Court went on to state that the areas surrounding and associated with the home are considered part of the home. Continue reading
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Can I Have My Juvenile Records Expunged in New Jersey?
In New Jersey, juvenile records are generally hidden from public view. However having a criminal record can follow you for years and make finding a job, applying to schools, applying for housing, and applying for loans difficult if not altogether impossible. Many people solve this problem by having their criminal record cleared or expunged. Criminal […]
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Lessons from the Panama Papers
When is a big financial story an unsurprising financial story? When it turns out that people from corrupt and repressive countries are sneaking their money offshore to keep it hidden. The world today is tearing into a huge leak of Panamanian legal documents unearthed by a Swiss newspaper and shared via the International Consortium of Investigative Journalists. These have caused a political scandal in Iceland, among other places, because according to the report the prime minister of that country turned out (via a secret offshore company set up in Panama) to be a creditor to several Icelandic banks. That’s ordinarily not problem (other than not being able to get your money back in the case of Iceland at that time). But it is certainly awkward if you happen to be negotiating on behalf of the government against the creditors (i.e., against yourself). There are also figures in the United Kingdom said to have used offshore companies. Those were the big news-making events, even…
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WaPo: Applying the Fourth Amendment to cell-site simulators
WaPo: Applying the Fourth Amendment to cell-site simulators by Orin Kerr: The widespread use of cellphones gives the government a way to locate criminal suspects using a device known as a cell-site simulator. The Maryland Court of Special Appeals recently … Continue reading →
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News Scan
Obama Commuted Dozens of Firearm Offenders: In an appalling display of irony, President Obama commuted the sentences of 33 criminals convicted of firearm-related offenses while also pushing for gun control. Barbara Hollingsworth of CNS News reports that Obama recently commuted the sentences of 61 federal inmates, bringing the total of commutations to 248, more than the last six presidents combined. Among the criminals whose sentences were commuted, nine had convictions of possession of a firearm in furtherance of a drug trafficking crime and four were convicted of being a felon in possession of a firearm. The recent commutations come just months after Obama proposed executive actions restricting firearms.Executions Dates Set for Two Cop Killers: Murderers from Texas and Alabama have received execution dates for killing police officers in the 1980s. Brian Rodgers of Chron reports that 58-year-old Robert Mitchell Jennings will be executed on…
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DNA Database Reveals True Assailant in Decades-Old Rape and Murder Case in Virginia
Last month, the Innocence Blog reported that attorneys from the Innocence Project and Skadden, Arps, Slate, Meagher & Flom LLP, in collaboration with the Mid-Atlantic Innocence Project, filed a petition for a writ of actual innocence on behalf of Keith Allen Harward, a Virginia man who has spent more than 33 years of a life sentence in prison for rape and murder he did not commit. Results from DNA testing of crime scene evidence excluded Harward from a 1982 rape and murder scene in Newport News. Now, new DNA evidence and information reveals the identity of the actual perpetrator and further validates Harward’s innocence. A story in the Richmond Times-Dispatch reports that Jerry L. Crotty was the person responsible for killing a local Newport News man and raping the man’s wife in the couple’s home in September of 1982. According to the Virginia Department of Forensic Science, DNA from the crime scene was run through the national DNA…
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Flanders on Time, Death, and Retribution
Chad Flanders (Saint Louis University - School of Law) has posted Time, Death, and Retribution on SSRN. Here is the abstract: The heart of a Lackey claim is that when a death row inmate is kept waiting too long for...
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Petty Theft Dismissed For A Nursing Student In Grove City
In Grove City, Ohio a 19-year-old nursing student was charged with petty theft after being caught shoplifting at a local Walmart. The young woman knew her attempts at getting a nursing job would falter with a theft conviction; therefore, she started looking for experienced legal direction and chose the criminal defense attorneys with Luftman, Heck [...]The post Petty Theft Dismissed For A Nursing Student In Grove City appeared first on Columbus Criminal Attorney.
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Monday Open Thread: A New Network to Watch
It's a jail day for me, open thread for you. All topics welcome, but speaking of TV: Has anyone been watching the Viceland shows? Vice launched its own channel at the end of February and has about 8 shows. From what I've read (no time... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Futterman et al. on Youth/Police Encounters
Craig B. Futterman , Chaclyn Hunt and Jamie Kalven (University of Chicago Law School , Invisible Institute and Invisible Institute) have posted 'They Have All the Power': Youth/Police Encounters on Chicago's South Side (University of Chicago Legal Forum, Forthcoming) on...
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