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Criminal Justice in New Jersey
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Lawsuit Tests if Judiciary Must Pay To Fix Unconstitutional Courtroom | New Jersey Law Journal

Lawsuit Tests if Judiciary Must Pay To Fix Unconstitutional Courtroom | New Jersey Law Journal | JerseyJustice | Scoop.it
Pending litigation begs the question who will foot the bill to fix a New Jersey courtroom deemed 'constitutionally defective' for criminal trials.
smolenskylaw's insight:

Chances are you have heard of the so-called "Bridgegate" involving Christopher Christie. Throw that red herring back where you found it. 


Facts like the ones in this news story cannot be invented.


Repeat after me: We. Made. A. Mistake.

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Salem County man sentenced in kidnapping of Harrison Township woman

Salem County man sentenced in kidnapping of Harrison Township woman | JerseyJustice | Scoop.it
The Salem County man must serve 85 percent of his sentence before being considered for parole.
smolenskylaw's insight:
The No Early Release Act (NERA) applies to certain New Jersey crimes, requiring defendants to serve time in prison with parole ineligibility for 85% of their sentence.
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Nutley Police Chief Warns of Burglaries

Burglaries reported on Thursday and Friday.
smolenskylaw's insight:

N.J.S.A. 2c:18-2 defines burglary and provides, "A person is guilty of burglary if, with purpose to commit an offense therein, he:

 

1. Enters a research facility, structure, or separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; or

 

2. Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.


Burglary is a second degree crime if in the course of committing the offense, the actor: 


1. Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or


2. Is armed with or displays what appear to be explosives or a deadly weapon.

 

Otherwise, burglary is a third degree crime.

 

Gavel Report, my blog offers more information about Burglary at this URL: http://bit.ly/WUSdCr

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Wife's 911 Call in Mall Carjacking: 'We Called an Ambulance a Half an Hour Ago'

Ambulance took 18 minutes to arrive at scene, and then couldn't immediately reach victim because of parking garage's low ceiling entrance, report said
smolenskylaw's insight:

A person is guilty of carjacking based on N.J.S.A 2c:15-2 if, in the course of committing an unlawful taking of a motor vehicle, or in an attempt to commit an unlawful taking of a motor vehicle, he:

 

a) inflicts bodily injury or uses force upon an occupant or person in possession or control of a motor vehicle; OR

 

(b) threatens an occupant or person in control of a motor vehicle with, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of, immediate bodily injury; OR

 

(c) commits or threatens immediately to commit any crime of the first or second degree; OR

 

(d) operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle.

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Gloucester County Grand Jury indicts 16: burglary, forgery, theft charges included

Gloucester County Grand Jury indicts 16: burglary, forgery, theft charges included | JerseyJustice | Scoop.it
A 47-year-old Wenonah man is accused of driving on a suspended license once in December and again in March.
smolenskylaw's insight:

For more information about the right to indictment by grand jury, including a video presentation, please visit this page on Gavel Report, my blog: http://gavelreport.blogspot.com/2012/12/new-jersey-indictment-by-grand-jury.html

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Gavel Report: Distracted Driving: Nationally and in New Jersey

Gavel Report: Distracted Driving: Nationally and in New Jersey | JerseyJustice | Scoop.it
This post defines, illustrates, and provides examples, figures, and survey results about “distracted driving” nationally and in New Jersey.
smolenskylaw's insight:

Did you know distracted driving posed dangers of this magnitude?

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DUIs and the Latino Community - Interlock Talk - The Official LifeSafer Blog

DUIs and the Latino Community - Interlock Talk - The Official LifeSafer Blog | JerseyJustice | Scoop.it
A recent report by the NHTSA highlighted how drinking and driving is becoming a growing problem in the Latino community.
smolenskylaw's insight:

Estudié el español en la escuela secundaria, y concentré en ella en la universidad. Hoy día ayudo a miembros de la comunidad latina. Aprecian que podemos discutir las circunstancias personales en la lengua madre.

 

Michael Smolensky, Esquire, New Jersey DWI Attorney

 

http://www.smolenskylaw.com

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Man indicted for obstructing prostitution investigation

Man indicted for obstructing prostitution investigation | JerseyJustice | Scoop.it
A former security manager at the Trump Taj Mahal casino in Atlantic City was indicted Wednesday for allegedly obstructing an undercover prostitution investigation.
smolenskylaw's insight:
"You're fired." (The Donald.)
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14-year sentence for robbing Washington Twp. TD Bank, West Deptford One Stop

14-year sentence for robbing Washington Twp. TD Bank, West Deptford One Stop | JerseyJustice | Scoop.it
James P. Taormina, 31, of Turnersville, admitted to robbing the bank and the One Stop stores in January.
smolenskylaw's insight:
I have represented clients charged with various crimes. For more information please visit http://www.smolenskylaw.com/practice.html
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9 Incredibly Creative Drug Smuggling Tricks

9 Incredibly Creative Drug Smuggling Tricks | JerseyJustice | Scoop.it
Check out photos of 9 Incredibly Creative Drug Smuggling Tricks
smolenskylaw's insight:

Can you say "dragnet?"

 

One client of mine was charged in a Second Degree Cocaine Distribution Conspiracy. This charge carries a sentencing exposure of 5 years to 10 years New Jersey State Prison. It is serious.

 

The sum and substance of the State's evidence against my client consisted of two voicemail messages, together totaling about 2 minutes duration.

 

Convinced that my client's mention of trash bags was oblique jargon for drugs, the prosecutor offered a 5 years state prison in exchange for a guilty plea.

 

We challenged the indictment pretrial, and the court granted our motion to dismiss.

 

For more information about New Jersey's "Comprehensive Drug Reform Act of 1987," please visit Gavel Report, my blog. http://bit.ly/10BpkyK

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Bloomfield man charged with DWI after he tells Jersey City cops he had an alleged 'Long Island,' report says

Bloomfield man charged with DWI after he tells Jersey City cops he had an alleged 'Long Island,' report says | JerseyJustice | Scoop.it

After receiving a call about someone driving erratically, Jersey City cops arrested a Bloomfield man who confessed he had consumed an alleged "Long Island," reports said.

smolenskylaw's insight:

Under New Jersey law, one may be convicted for DWI based on breathalyzer evidence or an arresting officer's field observations.

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Gavel Report: New Jersey Juror Questionnaire

Gavel Report: New Jersey Juror Questionnaire | JerseyJustice | Scoop.it
This post explains the types of questions that may appear on a juror questionnaire in New Jersey.

 

Oliver Wendell Holmes, Jr., Mar. 8, 1841–Mar. 6, 1935
U.S. Supreme Court, Associate Justice, 1902-1932

smolenskylaw's insight:

If you reside in New Jersey, you probably know a thing or two about jury service. Part of one's jury duty may involve preparing and filing answers to a  juror questionnaire. This post on Gavel Report explains the types of questions one should be prepared to answer.

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smolenskylaw's curator insight, April 22, 2013 3:38 PM

If you reside in New Jersey, you probably know a thing or two about jury service. Part of one's jury duty may involve preparing and filing answers to a  juror questionnaire. This post on Gavel Report explains the types of questions one should be prepared to answer.

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Accused synagogue arsonist wants Bergen County Prosecutor off his case.

Accused synagogue arsonist wants Bergen County Prosecutor off his case. | JerseyJustice | Scoop.it

A New Brunswick man charged with scheming to burn down local synagogues and kill an assistant prosecutor wants the Bergen County Prosecutor's Office removed from his case, the Record reported.


~> http://bit.ly/17BYQ0w

Judith with the Head of Holofernes, by Elisabetta Sirani (1638–1665).

smolenskylaw's insight:

According to authorities, a grand jury indicted this man and a codefendant on 30 criminal charges, including attempted murder, bias intimidation and aggravated arson. Based on the news report, it appears this defendant may have placed himself in a compromising position. Therefore, it is foreseeable this will be resolved through a plea bargain.

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Textual citations make legal writing onerous, for lawyers and nonlawyers alike

Textual citations make legal writing onerous, for lawyers and nonlawyers alike | JerseyJustice | Scoop.it
smolenskylaw's insight:

But follow your court rules of style.

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Camden Man Accused of Armed Robbery Arrested in Woodlynne

County police and U.S. marshals captured Luther Yellock, who is accused of having stolen a bag of oxycodone at gunpoint on December 3.
smolenskylaw's insight:

New Jersey law prohibits the possession of a handgun without a permit. As provided by N.J.S.A. 2c:39-5:

 

Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

 

Otherwise it is a crime of the second degree.

 

Gavel Report, my blog offers more information about Unlawful Possession of a Weapon at this URL: http://bit.ly/WnroZv

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Man Purposely Rams SUV Into Vehicle With 5 People Inside, Police Say

Bloomfield man turned himself in Wednesday after fleeing crash sparked by argument in West Caldwell parking lot earlier this month, police said.
smolenskylaw's insight:

Aggravated Assault based on N.J.S.A. 2C:12-1(b) includes but is not limited to circumstances in which a person: 

 

1. Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly, or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

 

2. Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

 

3. Recklessly causes bodily injury to another with a deadly weapon.

 

Gavel Report, my blog has more information about Aggravated Assault at this URL: http://bit.ly/124QRKT

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Woman Robbed at Gunpoint on Jacoby Street

Two men with handguns stole money and cell phone, police said.
smolenskylaw's insight:

A person is guilty of robbery based on N.J.S.A. 2C:15-1 if, in the course of committing a theft, he:

 

(1) knowingly inflicts bodily injury or uses force upon another;

or

(2) threatens another with or purposely puts him in fear of immediate bodily injury;

or

(3) commits or threatens immediately to commit any crime of the first or second degree.

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Gavel Report: “You better have my bread.” Possession of Defaced Firearm, N.J.S.A. 2C:39-3d

Gavel Report: “You better have my bread.” Possession of Defaced Firearm, N.J.S.A. 2C:39-3d | JerseyJustice | Scoop.it
This post is about Defaced Firearm Possession, N.J.S.A. 2C:39-3d.
smolenskylaw's insight:

My law practice has been retained to represent clients charged with various weapons offenses in New Jersey.

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Gavel Report: New Jersey Distracted Driving Penalty Hike

Gavel Report: New Jersey Distracted Driving Penalty Hike | JerseyJustice | Scoop.it
This post spells out the penalties under New Jersey's amended Distracted Driving Statute, signed by Gov. Chris Christie on June 27, 2013.
smolenskylaw's insight:

How much can increased penalties be expected to deter distracted driving when the far greater consequence of injury or death have not deterred it?

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Triton teacher loses teaching certificates

Triton teacher loses teaching certificates | JerseyJustice | Scoop.it
A former Triton Regional High School teacher, who pleaded guilty to official misconduct after engaging in sexual activity with a student, has lost his teaching certificates.
smolenskylaw's insight:
When news originally broke of the allegations involving these educators, it caused a stir in this area.
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Woodbury sees rash of burglaries to unlocked vehicles

Woodbury sees rash of burglaries to unlocked vehicles | JerseyJustice | Scoop.it
Between May 8 and May 21, police said, 15 unlocked vehicles were burglarized in the city.
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Gloucester County grand jury indicts 22; several child abuse charges

Gloucester County grand jury indicts 22; several child abuse charges | JerseyJustice | Scoop.it
Also, several Gloucester County residents were indicted on theft and drug charges.
smolenskylaw's insight:
My professional experience includes representing clients in Gloucester County Superior Court. For more information, please visit my web page, http://www.smolenskylaw.com
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Can Court-ordered Rehab Work?

Can Court-ordered Rehab Work? | JerseyJustice | Scoop.it
Is recovery possible when its involuntary? The answer may surprise you.
smolenskylaw's insight:

I have represented clients in Drug Court in New Jersey. Additionally, New Jersey law now mandates Special Probation for nonviolent drug offenders. Please visit Gavel Report, my blog, for more information about this rehabilitative alternative to imprisonment. http://bit.ly/S9D5Si

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Gavel Report: How Do New Jersey Courts Decide Who To Summon For Jury Duty?

Gavel Report: How Do New Jersey Courts Decide Who To Summon For Jury Duty? | JerseyJustice | Scoop.it
This post explains the public and random process of summoning New Jersey citizens for jury duty.
smolenskylaw's insight:

Even those who have served on a jury in New Jersey most likely will learn from this post. It explains the administrative procedures that lead up to receiving a jury duty summons in the mail.

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Cinco de Mayo — History.com This Day in History — 5/5/1862

Cinco de Mayo — History.com This Day in History — 5/5/1862 | JerseyJustice | Scoop.it
During the French-Mexican War, a poorly supplied and outnumbered Mexican army under General Ignacio Zaragoza defeats a French army attempting to capture Puebla de Los Angeles, a small town in east-central Mexico.
smolenskylaw's insight:

Feliz Cinco de Mayo a todos! de Law Office of Michael A. Smolensky LLC, 24 S Broad St, Woodbury, NJ, Defensor Criminal, Se habla español.

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