On July 5, 2016, defendant David Ramirez of Yolo County, California filed a motion to suppress evidence pursuant to CA Penal Code § 1538.5 through his attorney. Mr. Ramirez is charged with possessing a controlled substance and drug paraphernalia, both of which he has claimed was discovered during an illegal traffic stop. Back in January of 2016, Mr. Ramirez was a passenger in a car that was stopped for a cracked rear taillight. The deputies allegedly questioned all the passengers including Mr. Ramirez, and they were asked to be detained for a pat-down (frisk) search. The driver and front seat passenger consented and were searched, and nothing was found. Mr. Ramirez however, did not consent to the search (and was well within his rights not to consent). The police further pushed and allegedly stated they were only looking for weapons. After Mr. Ramirez consented, the police then reportedly found a meth pipe, which was seized. Mr. Ramirez has argued that his…
Yolo County: Motion to Suppress Evidence of Controlled Substance and Paraphernalia Confiscated During Illegal Stop
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Penalties for Abandonment, Neglect of Elderly Person, Disabled Adult (N.J.S.A. 2C:24-8) in New Jersey
Protecting the elderly and disabled from abuse and neglect is a concern for the state, and to that end, the legislature has enacted N.J.S.A. 2C:24-8, Abandonment, Neglect of Elderly Person, Disabled Adult criminal charges. Under the statute, it is a crime of the third degree for a person having a legal duty to care for a person 60 years of age or older, or a disabled adult, to abandon the person, to unreasonably neglect their care, or to fail to permit necessary acts for their physical or mental health. If convicted of a crime of the third degree, you can be sentenced to three to five years in a New Jersey state prison and be ordered to pay $15,000 in fines, plus restitution to victims. You’ll also be wide open to civil litigation if a criminal case against you is considered proven. Don’t let your future get away from you. Call Matthew Reisig today at 732-625-9661 and talk to an experienced New Jersey criminal defense attorney for free. The post Penalties for…
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Sleeping Man Charged with DWI in New Jersey Diner
Did you know you can be arrested for DUI even if you’re not in your vehicle? That’s a lesson one New Jersey man learned after nodding off in the Budd Lake Diner. William J. Whelan, 44, of Rockaway, reportedly fell asleep at the counter of the diner and was subsequently awakened by a Mount Olive police officer. The officer smelled alcohol on Whelan and determined that he appeared to be impaired. Whelan was charged with DWI, reckless driving, and driving under the influence of a controlled dangerous substance. New Jersey has some of the toughest DWI laws in the nation, and this case illustrates that it can even be charged when you’ve safely exited your vehicle. When you’ve been arrested for DWI in New Jersey, get experienced help right away. Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction on drunk driving charges. Call 732-625-9660 today for a free consultation.
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Red Bull Delivery Driver Charged with DWI After NJ Wreck
Red Bull may give you wings, but it won’t get you out of a drunk driving charge. Nicholas Skokos, 28, found this out while driving the company delivery truck apparently under the influence. The truck left the traffic lane and collided with a utility pole, then a park fence at the Allaire State Park in Wall, New Jersey. Skokos sustained minor injuries and was taken to Jersey Shore University Medical Center, where he was charged by police with driving while intoxicated. Commercial drivers operate under different rules than the rest of us, and CDL drivers can be charged with DWI in New Jersey with blood alcohol levels as low as .04%. Conviction will cost you your job if you hold a CDL, and even after your driver’s license is restored, there’s little chance that a company will trust you to operate their vehicles given the liability risk. Your best chance at coming through this with your career intact is to work with an experienced New Jersey DUI/DWI attorney.…
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New Jersey Defense Attorney for Use of 17-Year-Old or Younger to Commit Criminal Offense (N.J.S.A. 2C:24-9)
Protecting children from exposure to criminal activity is a big priority for political leaders. It helps in the fight against gang violence, to be sure, but keeping children away from participation in any crime can head off future criminal acts. To this end, New Jersey adopted penalties for N.J.S.A. 2C:24-9, Use of 17-Year-Old or Younger to Commit Criminal Offense. The statute is a way of enhancing the penalty for a person over the age of 18 who is convicted of using, directing, or hiring a person who is 17 years of age or younger for the underlying offense. Where the underlying crime is a disorderly persons offense (a misdemeanor in most states), they will also be charged and sentenced for violation of a fourth degree crime under 2C:24-9. In every other instance, the Use of 17-Year-Old allegation will be charged one degree higher than the underlying offense. It’s no defense to claim you didn’t know the person’s age. Your best hope is to work with an…
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Penalties for Use of 17-Year-Old or Younger to Commit Criminal Offense (N.J.S.A. 2C:24-9) in New Jersey
When you’re facing criminal charges and N.J.S.A. 2C:24-9, Use of 17-Year-Old or Younger to Commit Criminal Offense, is included, your charges will expand, and under 2C:24-9, you’ll face another allegation that will be classified one degree higher than the underlying crime. This means that a charge for, say, fourth degree larceny would include a third degree charge of Use of 17-Year-Old or Younger when the defendant is over 18 and employed, directed, solicited, or conspired with someone younger than 18 to commit the act. Penalties will vary based on the type of crime, but the statute specifically forbids merging the sentences for the two convictions. This means that in a fourth degree larceny case, you’ll face up to 18 months for the underlying crime, and three to five years for the violation of 2C:24-9. Judges and prosecutors take allegations that you recruited children or teenagers very seriously, and often treat these types of cases as gang activity.…
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New Jersey Criminal Defense Lawyer for Female Genital Mutilation of Females Under 18 Years of Age (N.J.S.A. 2C:24-10)
America is a melting pot, and New Jersey contains a vastly diverse population representing an endless array of cultures, religions, and beliefs. While most are welcomed wholeheartedly, the state has determined that certain customs are not permissible under our laws. N.J.S.A. 2C:24-10, Female Genital Mutilation of Females Under 18 Years of Age, holds liable any person who knowingly performs a circumcision or excision of the genitals of a girl under 18 years of age, and also holds their parents or guardians accountable if they consent or allow such a procedure. This is a third degree crime in New Jersey and conviction can mean a three to five year prison sentence, plus fines of up to $15,000. These are very serious charges, and the implications for your family and your community if you’re convicted can go well beyond your personal problems. Don’t take risks when facing allegations like this. Call Matthew Reisig today at 732-625-9661 and talk to an experienced New…
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DUI Chase Ends With Foot Race for NJ Driver with Suspended License
A Manchester Township man led Lakehurst police on a lengthy trip when they recently spotted him driving away from a liquor store and across a neighboring yard, nearly striking a house. Police tried to pull over Craig Bolzau, 48, but he accelerated instead, driving down several streets before coming to a stop, exiting the vehicle, and running away across residential lawns. Police officers eventually caught up with him, and he was arrested for driving while intoxicated, eluding, operating a motor vehicle during a period of suspension, and reckless driving. Bolzau has a previous DWI conviction, which resulted in the suspended license. New Jersey’s suspended license protocol has caught up many drivers who need their vehicles to get to work, school, and take care of their family. Without any sort of conditional license after a DUI conviction, many drivers have ended up in a cycle of suspensions, arrests for driving on a suspended license, and additional time added to their…
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Pennsylvania Driver Charged with DWI, Related Offenses in New Jersey
Police in Barnagat, New Jersey, recently observed a Pennsylvania driver following another vehicle too closely and failing to maintain her lane. When they stopped Hillary O’Reilly, a resident of Ambler, Pennsylvania, they determined that she was intoxicated and arrested her on a bevy of charges, including DWI, failure to provide a valid registration card, failure to provide a valid insurance card, and failure to maintain lane. Unfortunately for O’Reilly, the fact that the DUI happened outside of her home state does not mean that the consequences won’t travel with her when she goes back to Pennsylvania. Because of an interstate compact that most states are parties to, Pennsylvania will be notified of any drunk driving conviction that results, and can take action against her driving privileges as though the DWI happened there. When you’re charged with DWI while traveling out of state in NJ, it’s vital that you retain local legal help to protect your…
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Penalties for Female Genital Mutilation of Females Under 18 Years of Age (N.J.S.A. 2C:24-10) in New Jersey
Under New Jersey’s statute N.J.S.A. 2C:24-10, Female Genital Mutilation of Females Under 18 Years of Age, it is a crime of the third degree to perform an act of female genital mutilation, to give consent to allowing a child under 18 in your care to undergo such a procedure, or to remove a child under 18 from state care in order to have such a procedure performed. New Jersey describes crimes differently than most states, but a third degree crime is comparable to a mid-level felony in other jurisdictions. Conviction can result in a sentence of three to five years, though many defendants will be subject to a presumption of non-incarceration that can mean you won’t serve time in prison if convicted. A felony record in New Jersey can have huge impacts on your life going forward, including your ability to find work and receive state benefits. A criminal conviction can also negatively impact immigration cases. Don’t take chances with so much at stake. Call Matthew…
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Penalties for Bribery in Official and Political Matters (N.J.S.A. 2C:27-2) in New Jersey
Bribery in Official and Political Matters (N.J.S.A. 2C:27-2) in New Jersey is a charge that can be applied to both parties in a bribe or bribery attempt. Offering or accepting any sort of benefit as a consideration for public duties can and is prosecuted in the state, and it isn’t only elected officials who can be penalized. Any public servant, judge, or other official is covered under the law. Bribery in Official and Political Matters is a crime of the second degree, and conviction will result in a sentence of between five and 10 years. Your career, obviously, will be over as well. It’s best to get legal help as early in the process as possible, so if you know or suspect that you’re under investigation for making or receiving bribes, reach out then. If you wait until charges are filed, the allegations alone can have a profoundly negative impact on you. Fight back when you’re facing allegations of improper conduct in public life. Call Matthew Reisig…
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Penalties for Threats and Other Improper Influence in Official and Political Matters (N.J.S.A. 2C:27-3) in New Jersey
These are tense times in politics, and the anger that regular people feel towards the political class is palpable. However much disdain you may feel toward those holding office, it is a crime to use threats of harm to influence a political decision or even another voter, or to use threats to cause a public servant to violate their official duty. Under N.J.S.A. 2C:27-3, Threats and Other Improper Influence in Official and Political Matters, it’s a crime of the third degree to engage in this conduct, and if you’re convicted, you could face a three to five year sentence, plus $15,000 in fines. Don’t get carried away when you’re engaging in the public discourse. If things get heated and you’re accused of crossing a line, get help right away. Attorney Matthew Reisig defends clients in New Jersey who are accused of a variety of crimes, and has been helping clients move on with their lives for nearly 20 years. Call 732-625-9661 today and talk to an…
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NJ Police Arrest Drunk Driver “Looking For New Jersey”
Last December, Port Authority police experienced what must have amounted to a relatively amusing DWI encounter on the New Jersey side of the Holland Tunnel. According to the Associated Press, 31-year-old Karol Andino pulled her vehicle over near the Holland Tunnel in Jersey City and exited the car. Police approached her around 2:30 a.m., at which time Andino told them she was “looking for New Jersey.” When told that she had found it, Andino continued to insist that she was “looking for New Jersey,” and was taken into custody on suspicion of DWI. Her blood alcohol content was later recorded as .25%, which is more than three times the legal limit of .08%. Amusing or not, DWI charges are extremely serious is New Jersey, and often result in a cycle of high fines, suspended license, further police encounters for driving on a suspended license in NJ, more high fines, and on and on. Thousands of New Jersey citizens are caught up in this, and the only way to…
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New Jersey DWI Arrest Following Crash By ATV in Millburn
A Florham Park ATV rider has been arrested on DWI and related charges following a crash in Millburn. Millburn police responded to reports of an ATV that had crashed on Passaic Avenue, and found Santos Rodriguez-Ocasio, 28, of Florham Park, on the scene with minor injuries. Paramedics transported Rodriguez-Ocasio to St. Barnabas Hospital for treatment, and police later charged him with DWI, driving without a license, and two ATV violations. It’s possible that Rodriguez-Ocasio thought that by taking a vehicle that wasn’t a car, he could avoid the risk of a DWI charge. Clearly that strategy failed not only in a legal sense, but in a safety and medical sense as well. Operating any motor vehicle while under the influence of drugs or alcohol in New Jersey puts you at risk for a DWI charge, and once police start investigating, you can trust them to throw every related infraction into the mix. Don’t take that chance. If you’ve been stopped for DWI in New…
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Aren’t Lawyers Victims Too?
A twit from Clio’s “lawyer-in-residence” (whatever that means), Joshua Lenon, was an eye-catcher: ‘The average mental state of lawyers is depressed.’ Belief expressed at #shapethelaw It’s carefully worded to show that, while it was said, it wasn’t that Josh bought it. But still, it was said at a conference with a hashtag. This “group,” if that’s what it can be called, offers its slogan: Authentic Necessary Collaboration. That may mean something to you. It doesn’t to me, but then, what do I know? I’m just a lawyer. Our goal is to help shape the future in terms of how people work and how our legal system functions. This means improving the lives of both lawyers and consumers of legal services. We want to create a community of lawyers that are dedicated to practicing law with authenticity and courage. The community will support one another in creating a society in which law is used for good of all,…
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SurveyUSA: Prop. 62 Headed for Defeat.
SurveyUSA has this poll, conducted for four California TV stations. Among the findings:"Proposition 62, which would end the death penalty in CA and replace it with life in prison, trails by 16 points today and is headed for defeat." The overall result is 36% yes, 52% no, 12% undecided. They did not poll on Prop. 66, the reform initiative. The poll has some interesting crosstabs, and some quirky ones. Click on the "Printer Friendly PDF" link in the left sidebar for an easier-to-read version of the full results. Prop. 62 is Question 12 on pages 21-23 of the PDF file.Prop. 62 is losing with both genders, all education, income, and urbanity levels, all religion groups, and all four designated regions of the state. Yes, even the [in]famously lefty Bay Area.For party affiliation, a plurality (not a majority) of Democrats are in favor, but independents are solidly against by 2-1.Among racial and ethnic groups, white voters are…
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CLAY COUNTY SHERIFF’S OFFICE PROMOTION EXAM INVALIDATED
PENDING PROMOTIONS PLACED ON HOLD The content of the most recent promotional exam administered to the approximately 70 Clay County Sheriff’s Deputies striving to make the rank of sergeant or lieutenant may have been leaked in advance. According to a report, and statements made by outgoing Sheriff Rick Beesler’s department along with quotes directly from incoming Sheriff-elect Darryl Daniels, apparently some deputies who took the test may have had advance knowledge of what was to be included on the exam. Incoming Sheriff Daniels has stated that officers who received a promotion based upon this compromised exam will have to resume their former rank until a new test can be administered. Taking off rank in the world of law enforcement or the military is not a small move. While physically all the officer has to do is unpin his lieutenant bars on his collar or cut the sergeant stripes off of his sleeves, the amount of authority leaving the deputy…
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Another Poll Note
Jazmine Ulloa has this post on the LA Times political blog noting a "a new USC Dornsife/Los Angeles Times poll conducted by SurveyMonkey." This one shows Prop. 62 losing by 11%, 40-51. I have my doubts about SurveyMonkey's method, and I wouldn't put too much weight on it. Self-selected samples are dicey, even when "corrected" for demographic factors. Nate Silver and crew at 538 rate SurveyUSA an "A" and SurveyMonkey a "C-." Even so, when multiple sources give you more-or-less consistent results, it does boost confidence in those results. There is an interesting contrast in the two polls on the age crosstab. The SurveyUSA poll combines all 18-34 voters together and shows them 40-45 against Prop. 62, considerably smaller than the overall margin. The SurveyMonkey poll breaks this cohort into two, 18-24 and 25-34. Prop. 62 breaks even in the older group but gets walloped 32-59…
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Florida Supreme Court Considers Expert Witness Standard Changes
Three years ago, Florida legislators passed a controversial bill that affected almost every kind of court case in the system – including criminal cases. The change involved the standard to which expert witnesses are held in court. Their expert qualifications, their methodology, their testimony – all of this came under greater scrutiny when justices did away with the previous “Frye Standard” and instead adopted the “Daubert Standard,” which is used in federal courts and in most other states. This was largely deemed a positive move for two groups: Criminal and corporate civil defendants. However, personal injury lawyers and some state attorneys have taken issue with it. The Florida Bar is the group that has asked the Florida Supreme Court to consider reverting back to the Frye Standard. The Frye standard asks the judge to consider whether to allow expert witness testimony into evidence based only on whether the it represents principles…
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WaPo: The Watch: Your drug raid roundup: Family of 7 terrified by mistaken SWAT raid; Kentucky man who shot cop is out on bond; court tosses lawsuit over flashbang injury to bystander
WaPo: The Watch: Your drug raid roundup: Family of 7 terrified by mistaken SWAT raid; Kentucky man who shot cop is out on bond; court tosses lawsuit over flashbang injury to bystander by Radley Balko: The drug war marches on … Continue reading →
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