Hackensack Criminal Defense Law Blog

On Wednesday, Fort Lee police arrested and charged five (5) men after a fortuitous traffic stop led officers to the men's apartment.

Shortly before 1:00 AM, a police officer observed Fort Lee resident Jose Rivas driving the wrong way in a southbound lane on Hudson Terrace. The officer also noticed that the car had its hazard lights on as well as a flat tire. After stopping the vehicle and failing to receive an adequate response from Mr. Rivas, the officer proceeded to Mr. Rivas' point of origin: a fourth-floor apartment located on Hudson Terrace. When Roberto Perez-Garcia, a 23-year-old Bronx resident, opened the door to the apartment, the officers noticed a gallon-sized plastic bag with blue glassine envelopes, which are often used to package and distribute heroin. Mr. Perez-Garcia quickly tried to close the door, but the officer pushed open the door, entered the apartment, and found William Jerez and Juan Santana packaging heroin at a kitchen table while Yomaira Sencion sat on a couch next to bags of drugs.

After obtaining a search warrant, the police returned to the apartment and discovered more than 3,000 glassine envelopes containing heroin. In total, officers found about three (3) pounds of heroin with a street value of more than $250,000.00. The police also found approximately 10,000 empty glassine bags, six (6) bags of marijuana, assorted drug paraphernalia, and two (2) stolen handguns.

Messrs. Rivas, Perez-Garcia, Jerez, Santana, and Sencion were arraigned and charged with possession of heroin with intent to distribute, possession of a controlled dangerous substance within 500 feet of a park, marijuana possession, possession of drug paraphernalia, and weapons possession. They are being held at the Bergen County Jail on individual bail amounts ranging from $150,000.00 to $350,000.00, with no 10 percent option.

In New Jersey, the criminal charge for possession of heroin with intent to distribute is set forth in N.J.S.A. 2C:35-5. It is a first degree felony to distribute more than five (5) ounces of heroin. As a result, Messrs. Rivas, Perez-Garcia, Jerez, Santana, and Sencion could each be looking at 20 years in prison and a fine of up to $500,000.00. And because they are charged with possession of heroin near a public park, they could face additional penalties under N.J.S.A. 2C:35-7.1.

For more information, see the NorthJersey.com article entitled "Fort Lee Traffic Stop Leads to $250,000 Heroin Bust, Five Arrests."

In this blog post, Adam Rosenblum, a colleague of mine, offers some helpful information. Mr. Rosenblum is a licensed and practicing New York attorney. Here, he gives us a comparison of certain New York and New Jersey laws.

What Happens If A New Jersey Resident Is Charged With A Crime Or Traffic Violation In New York?

For New Jersey residents visiting New York is pretty common. Just hop in the car or take the bus or train and you will find yourself in New York City in a couple of minutes. Many New Jersey residents make the commute to New York daily for work and school with many others heading to the Big Apple for a quick weekend getaway. It's always a good idea to know the laws of the state you are traveling in because in many cases even simple things may be different then how it is back home.

For example, New Jersey generally allows for vehicles to take a right turn at a red light unless a sign is posted stating otherwise. In New York the general rule is that you are not allowed to turn right on red. Knowing this one simple law can help you avoid a ticket while driving around in New York. If you are a resident of New Jersey and you plan on traveling to New York in the near future this article can provide some very insightful information about the law and New York.

What Are My Rights If I Am Being Arrested Or Charged With A Crime In New York?

First you should remember that any state that you travel in you will be subject to the rules and regulations of that state. If you find yourself being charged with a crime and put under arrest then your first course of action is to exercise your right to remain silent. Other than identifying who you are to the police, you are not required to incriminate yourself or make any statements that may incriminate you. Remember that this is a right that you have back by the Constitution and no one can infringe on that right no matter how hard they press you for information.

Also remember not to discuss your case with anyone, including people you may find yourself behind bars with. Your next step should be to contact an experienced criminal defense attorney to give you legal advice and represent you in every situation regarding the matter. Exercise your right to have an attorney represent you. If you cannot afford one then you will be provided a public defender.

What Is The Difference Between A Violation, Misdemeanor And Felony In New York?

Crimes in New York State are classified into 3 separate levels or categories, violations, misdemeanors and felonies. The categories are based on the seriousness of the crime which in turn also relates to the penalties and fines associated with the crime.

A violation is the lowest classification and is not considered a crime. A jail sentence may be imposed in some violation cases but they usually cannot exceed fifteen days. Violations will not result in a permanent criminal record and are often disposed of by paying a fine. Examples of violations in New York include speeding tickets, trespassing, unlawful posting of advertisements, loitering, public intoxication, and low levels of marijuana possession. Note that points can transfer for violations in New York back to New Jersey so it is important that you fight any pending charges that you may have in New York.

The next higher classification is a misdemeanor crime. Misdemeanors are more serious than a violation but not as serious as a felony. The maximum sentence that can be imposed with a misdemeanor crime in New York is 1 year in jail. Some examples of misdemeanors in New York include: reckless driving, simple assault, public intoxication, simple drug possession, petty theft and driving on a suspended license. Misdemeanors are still considered crimes and will result in a permanent criminal record.

The most serious classification of offenses in New York are categorized as felonies. They impose sentences over 1 year to life in state prison. New York does not have a death penalty for felonies. Some examples of felonies include rape, burglary, arson, murder, grand larceny (theft) and kidnapping.

Should I Contact An Attorney If I Am Charged With A Crime Or Traffic Violation In NY?

Remember, there is no way to expunge a criminal record in New York; it is with you for life. A licensed New York attorney can help counsel you about the charges that you are facing whether it's a simple violation or a serious felony. A lawyer will fight for you and advocate on your behalf. They work to make sure that you come out with the best possible outcome in your situation. An experienced criminal defense attorney will work to have the charges brought down to the lowest level possible and in some cases dismissed all together. So make sure you make the right decision in hiring counsel who can best represent your interests.

Author Bio

Adam H. Rosenblum of The Rosenblum Law Firm is a licensed attorney practicing in New York and New Jersey; his websites are www.rosenblumlawfirm.com and www.ticketdefenselaw.com .

A 35-year-old Sparta woman had a rough week earlier this month: She was charged with two seperate DWI incidents in less than 48 hours. In both cases, her car was impounded but she somehow managed to recover the vehicle, continue drinking, and then receive a second DWI charge. In the second case, she had her severely intoxicated husband with her.

The second incident arose after police were contacted about a potential drunk driver. The telephone caller had provided police with a license plate number of the erratically driven vehicle which was later located in a parking lot at Radio Shack. It was allegedly parked illegally between two handicap parking spaces. The vehicle was still running. Based on statements from the woman and her husband, it was determined that the female had driven the vehicle into the parking lot. Her blood alcohol content was more than twice the legal limit. Her husband, who had also moved the vehicle in the parking lot, had a blood alcohol content of three times the legal limit.

She was charged with driving while intoxicated (DWI), careless driving, possession of an open container of alcohol in a motor vehicle, and allowing a suspended driver to operate her motor vehicle.

There is an interesting "operation" issue in this case. Police officers did not witness anyone operate the motor vehicle while under the influence of alcohol. Operation is one of the essential elements of a DWI charge. However, they may be able to establish "operation" through the statements (admissions) of the woman and her husband based on who was driving. They could also use the testimony of any lay witnesses who may have seen the woman operating the motor vehicle. These statements and potential testimony could be sufficient to prove the operation of the motor vehicle element of the DWI charge. We'll see.

A Bergen County shuttle bus driver was arrested and charged with threatening another driver with a baseball bat, police say. Bergen County Police were contacted by the alleged victim who claimed that another driver was swinging a baseball bat at him. Police responded to the scene at the intersection of Route 4 and Forest Avenue in Teaneck. There they found the 19-year-old driver for Spanish Transportation who allegedly admitting to threatening the other driver with a bat. He was arrested and charged with terroristic threats and unlawful possession of a weapon and released with a pending court date. For additional information, please see the NJ.com article.

Terroristic threats in New Jersey is a criminal charge governed by N.J.S. 2C:12-3 which provides in pertinent part:

§ 2C:12-3. Terroristic Threats

a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.