One cannot watch or read the news anymore without someone being accused of sexual assault. There have been many accused and/or convicted. Harvey Weinstein and Bill Cosby just to name a couple. But what if you are accused of the charge and are innocent?

A recent case in Somerset County, Somerville, New Jersey venued in the Superior Court proved that point.  A man was accused of sexual assault violation of NJSA 2c: 14-2. The allegation was that while a woman was drunk he took advantage of her and committed the act of sexual assault. He was facing between five and 10 years in state prison along with Megan’s law.

The attorneys at Aiello, Harris, Abate received the discovery from the prosecutor and saw that the police only interviewed two people at the party when this allegedly occurred. Aiello, Harris, Abate criminal defense attorneys recommended to the family that they hire investigators to speak to many people at the party. It was discovered that the young woman made up the story because her boyfriend found out that she had sex at the party. Therefore, she accused our clients wrongfully just because she had cheated on her boyfriend. As a result of her accusation, this caused incredible stress and anxiety to our clients and his family. Fortunately, through those efforts, the sexual assault charges were ultimately dismissed by the Somerset County prosecutors office.

Contact an Experienced Criminal Defense Attorney for Help

If you have been charged with a sexual crime, whether it is sexual assault or sexual harassment, you must contact the Somerset County criminal defense team at Aiello, Harris, Abate. Remember your liberty interests are at risk.

 

As reported by the Edison Patch, guns and drugs were found in a home in Metuchen at the end of January. The Middlesex County Prosecutor confirmed in a statement that the police seized multiple firearms and pounds of drugs from the home. A twenty-six-year-old in the home on New Street was arrested on multiple criminal charges.

The Metuchen Police Department seized three guns, including an AR-15 rifle, during the raid. In addition, more than 14 pounds of marijuana were seized along with packaging equipment and an unnamed quantity of psychedelic mushrooms.

The man arrested is charged with possession of firearms, possession of drug paraphernalia, and possession of psychedelic mushrooms and marijuana. In addition, he is charged with possession with intent to distribute and possession with intent to distribute within 500 feet of a senior facility (Metuchen Senior Center). While waiting for a detention hearing, the alleged offender was held at the Middlesex County Adult Corrections Center.

What Should I Do If I Am Arrested on Drug or Firearm Charges?

New Jersey prosecutors aggressively pursue maximum penalties for convictions of firearm charges and drug offenses. If convicted of a drug crime in New Jersey, you could face years in prison, high fines, years of probation, and other penalties. However, an arrest is not a conviction. Even if you are arrested, you have the right to consult a criminal defense attorney. You also have the right to a fair and impartial trial. The state must prove all elements required by law to obtain a criminal conviction.
Therefore, the three most important things you can do if the police question you or you are arrested for a crime are:

• First: Try to remain calm. Dealing with law enforcement officers is unnerving for any person. It is easy to panic, but you need to stay calm. When you panic, you make mistakes that can result in your conviction. Do not make matters worse by yelling, cursing, harming a police officer, or resisting arrest.
• Second: Remain silent. You have the constitutional right to remain silent. Therefore, remain silent! You must answer questions such as your name and address, but you are not required to answer other questions without an attorney present. A police officer might try to convince you that you will receive a break if you cooperate or that you appear guilty if you ask for an attorney. Do not fall for this tactic! Exercise your right to remain silent until you see your attorney.
• Third: Call our office as soon as possible. You do not want to answer questions from the police or a prosecutor without a criminal attorney by your side. Furthermore, you want an experienced lawyer beside you when you face a judge at a hearing in the Metuchen Municipal Court or the Middlesex County Courthouse.

Contact an Experienced Criminal Defense Attorney for Help

Our criminal defense lawyers in Woodbridge represents clients in Metuchen and throughout Middlesex County.

Drug charges are very serious matters. You face severe penalties for convictions for drug and firearm offenses.

If you have been charged with a crime in Middlesex County, contact Aiello, Harris, Abate, Law Group PC by calling (908) 561-5577 for a free consultation with a Woodbridge criminal defense lawyer. You may also contact our office by using the contact form on our website.

Source: “14 Lbs Of Pot, Multiple Guns Found In Metuchen Home: Prosecutor.” Katie Kausch. Edison patch. 21 January 2018.

New Jersey’s Bail Reform and Speed Trial Act went into effect in January 2017. Previously, the judge assigned to a defendant’s criminal case would assign a specific cash bail value that the defendant would need to raise in order to be released from jail. Being out of jail is important because it preserves the accused’s freedom and makes it easier for the defendant to review and prepare his or her case with a defense lawyer.  A release from jail also can mean the ability to keep a job, spend time with family, and keep their housing. It also helps to reduce the prison population.
Prior to the new law, many underprivileged defendants were unable to raise bail money even when they were charged with minor crimes. Now, the playing field is a bit more level.

Use of a risk assessment system to determine the amount of bail

Now, to set a bail amount, the courts are expected to use a risk assessment tool created by the Laura and John Arnold Foundation. The tool examines the following factors to determine the risk of a defendant committing another criminal offense – especially, a violent offense:

• The defendant’s age at the time the criminal act was alleged to have taken place
• Whether the offense is a violent or non-violent offense
• The defendant’s prior record of convictions
• Whether the defendant failed to appear in court before
• Any other open charges

Use of the risk assessment process is expected to help many defendants get a lower bail or to be released on their own recognizance. After release, defendants are still required to appear at scheduled court hearings and provide notice of any changes to the court.

Additionally, defendants are now required to be arraigned within 48 hours of their arrest. Bail is set at the arraignment (which also includes a reading of the charges). The new law thus requires that the risk assessment be completed in 48 hours. The assessment tool does not take into account the ethnicity or race of the defendant nor geography.

If a defendant is jailed, prosecutors must bring an indictment in 90 days and the trial must be scheduled in 180 days or less. In 2012, the average wait time between an indictment and trial in New Jersey was 314 days, according to the New Jersey State Attorney General’s Office.

The new law still gives the judge the ability to hold defendants without bail if the judge has reason to believe the defendant is a likely threat to witnesses or the public and is a flight risk.

Benefits of the new bail system

Firstly, it helps reduce the number of people in county jails. In a 2013 study, 75 percent of the people in New Jersey county jails were just waiting for their court date. An estimated 40 percent were in jail because they couldn’t pay the cash bail. For about 12%, the amount of bail was under $2,000.

The new law also helps to restore a better legal balance. Judges have the final say on the amount of bail rather than prosecutors. In the past, judges often deferred to the recommendations of a prosecutor.
Critics include the counties who claim the 48-hour time limit means they need to spend large sums on pre-trial services and bail bondsmen who now are less needed. In the past, people would often pay a bail bondsmen a fraction of the bail amount. The bondsman would pay the full amount. If the defendant appeared at the hearing, the bail money would be returned to the bondsman.

Anyone charged with a criminal offense should seek the help of a skilled strong New Jersey lawyer

Your attorney can assert your rights, prepare your defense, negotiate with prosecutors, and try your case before a jury.

The defense attorneys at Aiello, Harris, Abate have been fighting for the accused for more than 60 years. To make an appointment, please call us at (908) 561-5577 or fill out our contact form.

Social media includes a variety of online platforms and services that let people communicate with their friends and the greater public, including Facebook, Twitter, YouTube, Instagram, and Snapchat. While social media can be fun, most social media platforms record your posts and keep the pictures and videos you upload.

During a criminal case, you can almost guarantee the prosecutor will pull your social media postings and put them into evidence. Unfortunately, social media posts can be quite damaging.

In the worst case, they are a direct admission of guilt. For example, a picture can show that you are in possession of stolen property. Posts can also be used at trial to show that you are not credible or that you are not telling the truth. Posts may lead to the prosecution of other witnesses who can testify against you.

Posts may even be crimes themselves. They may constitute harassment, fraud, or a hate crime and can lead to criminal charges.

Key legal considerations

The Fourth Amendment to the U.S Constitution provides that that people have the right to be protected against unreasonable searches and seizures and that warrants can’t be obtained without probable cause.

Whether a search is reasonable depends, in part, on whether a defendant had a reasonable expectation of privacy when the social media post was made. One guide to determining whether privacy was expected is the personal privacy settings on the account. If the settings make everything open to the public, then there is no privacy expectation and the post can be searched by the prosecution. Even if you had some expectation of privacy, the government will likely argue that that expectation was waived or limited and, thus, that the evidence can be used against you.

The Fourth Amendment protection only applies to the accused. If a person you are communicating with makes an incriminating post, that post is available to be used in court and by the prosecution.
These are a few more legal considerations to keep in mind:

• A social media post may provide the government with the probable cause needed to obtain a warrant.
• The authenticity of the post does need to be verified.
• The judge should consider whether the post has probative value and whether it is relevant to the case against you.

The best advice if you are charged with a crime or believe you are a suspect is to stop using social media.

Pick up the phone instead and give us a call.

At Aiello, Harris, Abate, Law Group PC, our New Jersey criminal defense attorneys fight to exclude evidence that can be used against by bringing the appropriate legal challenges. To speak with an experienced trial litigator, please call us at (908) 561-5577 or fill out our contact form to arrange an appointment.

Being charged with a criminal offense is a traumatic experience, including for the extended family of the accused. A conviction means they may lose their freedom, job, and the companionship of family and friends. Convictions normally stay on record forever unless they can be expunged.

To help your loved one and to help mitigate the damage, first find out where your friend or family member is being held. Next, call a criminal defense attorney for assistance and representation. Communicate with the attorney and take his or her suggestions on how you can best serve your loved one.

What will happen now and how a lawyer can help?

An experienced criminal lawyer will immediately work by:

• Explaining your loved one’s Constitutional rights. Even though it’s a common saying, “you have the right to remain silent and that anything you say can be used against you,” many defendants feel the need to speak. An experienced attorney will inform the police and prosecution that no conversations should take place unless the lawyer is present. Most defense attorneys, unless a reasonable exception applies, will advise your loved one to stay quiet. The lawyer will also explain what the Fourth Amendment requirements are to search your loved one’s home, car, or private possessions.
• Arranging for an arraignment and bail hearing and representing you at the hearing. New Jersey now requires that arraignments and bail hearings take place in 48 hours after the arrest. At the arraignment, your loved one will be advised of the criminal charges. At the bail hearing, the lawyer will present the best arguments for releasing your loved one on minimal bail (or no bail at all).
• Reviewing and investigating what happened so that any defenses that can apply are properly heard. It is important to speak to witnesses as soon as possible while their memory is fresh. Experienced lawyers will normally hire investigators to examine the location where the crime is alleged to have occurred and investigate any evidence that can help exonerate your loved one.
• Explaining the New Jersey criminal procedure process. The attorney will explain each stage of the criminal process including any hearings and motions that take place before the actual trial.
• Negotiating on your loved one’s behalf. Many charges can be reduced or dismissed if the lawyer is experienced and understands which factual and legal arguments to make.

Even minor criminal charges can destroy reputations, result in jail time, mean significant fines, and cause severe emotional distress. Early intervention in cases by knowledgeable New Jersey criminal defense attorneys increases the changes that charges will be dismissed or reduced.

Let us help you. Call for a free consultation.

At Aiello, Harris, Abate, Law Group PC, we have six decades of criminal trial experience. Many of our lawyers worked as prosecutors, so we know how the other side thinks. We handle most types of criminal charges. For strong advocacy, please phone us at (908) 561-5577 or fill out our contact form to schedule a consultation. We see clients in jail if needed.

New Jersey may have new driving under the influence (DUI) laws coming into effect soon. State Senators Nicholas Scutari and Jim Whelan and Assemblywoman Linda Stender introduced new NJ DUI legislation, S 385/A 1368, to have convicted drunk drivers prove their sobriety via an ignition interlock device before operating a car.

Currently, NJ law requires the installation of interlock devices for all repeat and first-time DUI convictions with a blood alcohol concentration (BAC) of .15 percent or greater. The new law would require a person convicted of their first DUI charge with a BAC of .08 percent to .14 percent to use an ignition interlock device for 3 to 12 months. However, it’s up to a judge’s discretion. A judge may deem a license suspension is more appropriate.

Additionally, the time of the ignition interlock device may be extended if the offender attempts to drive while drunk during the last one-third of the three to 12 month period.

At the current time, it is unlawful to operate a vehicle in New Jersey with a BAC of .08% or higher.

What is an ignition interlock device?

An ignition interlock device connects to a vehicle’s dashboard. Before starting the car, the driver must blow into the device, which detects the driver’s BAC. If the driver’s BAC is above the legal limit, the car will not start. Additionally, the interlock device may force the driver to blow into the device while he or she is driving to prove continuous sobriety while operating the vehicle.

According to the U.S. Centers for Disease Control, interlocks reduce repeat offenses by 67 percent.

First-time versus repeat offenders: New Jersey’s penalties

The penalties for repeat DUI offenders under current New Jersey state laws are significantly harsher. Additionally, the penalties are more severe if you are caught with a BAC of .10% or more:

First Offense

• Three months license suspension
• $250–$400 fine
• $230 Intoxicated Driving Resource Center (IDRC) fee
• $100 to drunk driving fund
• $100 to Alcohol Education and Rehabilitation Fund (AERF)
• $1,000/year (for 3 years) surcharge
• $75 to Neighborhood Services Fund
• Up to 30 days imprisonment
• 12-48 hours of time at IDRC

First offense with a BAC of 0.10% or greater

• Seven months –one year license suspension
• $300–$500 fine
• $230 IDRC fee
• $100 to drunk driving fund
• $100 to AERF
• $1,000/year (for three years) surcharge
• $75 to Neighborhood Services Fund
• Up to 30 days imprisonment
• 12-48 hours of time at Intoxicated Driving Resource Center (IDRC)
• **For BAC of 0.15% or greater– ignition interlock device during license suspension and six months to one year after restoration

Second offense within 10 years

• Two years license suspension
• $500–$1,000 fine
• $280 IDRC* fee
• $100 to drunk driving fund
• $100 to AERF*
• $1,000/year (for three years) surcharge
• $75 to Neighborhood Services Fund
• 48 hours–90 days imprisonment
• 30 days community service
• 12-48 hours IDRC
• Ignition interlock device during license suspension and 1-3 years following restoration

Third offense within 10 years

• 10 years license suspension
• $1,000 fine
• $280 IDRC* fee
• $100 to drunk driving fund
• $100 to AERF*
• $1,500/year (for three years) surcharge
• $75 to Neighborhood Services Fund
• 180 days imprisonment
• Up to 90 days of community service
• 12–48 hours IDRC
• Ignition interlock device during license suspension and 1-3 years following restoration

A lawyer can help defend you against DUI charges. Make sure to enlist the aid of an experienced criminal defense attorney. Some of the best lawyers are former municipal prosecutors. It is critical that you speak with a knowledgeable and experienced attorney as they may be able to get your charge reduced.

About Christopher G. Aiello, Esq.

Christopher Aiello is a former municipal prosecutor, is an experienced New Jersey DUI lawyer.  Mr. Aiello has been practicing law since 1983.