Hackensack Criminal Defense Law Blog

This morning, Rev. Michael Fugee made his first appearance in court on charges that he violated a court-sanctioned ban on working with children.

In 2007, Mr. Fugee entered into an agreement with Bergen County prosecutors that barred him from working with children in any capacity as long as he remained a priest. This agreement allowed Mr. Fugee to avoid retrial on charges that he groped a teenage boy.

In recent weeks, a series of articles in the Star-Ledger detailed Mr. Fugee's attendance at youth retreats and other events involving minors. This prompted a probe by Bergen County investigators, who found that Mr. Fugee had heard confessions from minors at youth retreats along Lake Hopatcong in April 2010 and at the Kateri Environmental Center in Marlboro in both September 2010 and September 2012. Investigators also learned that Mr. Fugee had heard confessions from minors in Bayville, Paramus, and Rochelle Park.

On Monday, members of the special victims unit of the Bergen County Prosecutor's Office arrested Mr. Fugee at St. Antoninus Parish in Newark.

Today, while appearing in Bergen County Superior Court for a hearing, Mr. Fugee made no comments and did not have an attorney present.

Mr. Fugee has been charged with seven counts of contempt of a judicial order. If a grand jury indicts Mr. Fugee on the charges, he could be looking at serious jail time. Contempt of court is set forth in N.J.S.A. 2C:29-9, which grants law enforcement officers probable cause to arrest a person who purposely or knowingly disobeys a judicial order. Contempt can be classified as a fourth degree crime, which would expose Mr. Fugee to up to 18 months in prison. This is usually how the charge is classified when a person violates a domestic violence order. If the charge is classified as a disorderly persons offense, Mr. Fugee could still be looking at up to six (6) months in jail.

At present, Mr. Fugee's bail has been set at $25,000.00 with a 10 percent option.

For more information, see the NJ.com article entitled "NJ Priest Charged with Violating Ban on Working with Kids Appears in Court."

Early Friday morning, recently signed New York Jets RB Mike Goodson was arrested for marijuana possession and unlawful possession of a handgun.

Netcong police officials say that Mr. Goodson and his companion, Garant Evans, were found intoxicated in an SUV that had mysteriously stopped in the center lane of Route 80 in Denville.

When Mr. Goodson was taken by ambulance to the hospital, Netcong police officers discovered a small amount marijuana in his possession. Later, officers located a loaded .45 caliber semi-automatic handgun in the men's vehicle.

After release from the hospital, Mr. Goodson was taken into custody and charged with marijuana possession (under 50 grams), possession of drug paraphernalia, and illegal possession of a handgun.

The criminal charge for marijuana possession in New Jersey is set forth in N.J.S.A. 2C:35-10, which prohibits a person from having a controlled dangerous substance such as marijuana. Mr. Goodson could be charged with a disorderly persons offense for possessing 50 grams or less, which can result in up to six (6) months in jail and suspension of driver's license for two (2) years.

The penalties for illegal possession of a handgun in New Jersey are laid out in N.J.S.A. 2C:39-5(b). If convicted under this statute, Mr. Goodson could be sentenced to as many as 10 years in state prison.

Goodson remains in custody at the Morris County Jail on $50,000.00 bail.

For more information, see the CBSSports.com article entitled "Jets RB Mike Goodson Arrested, Facing Drug, Firearm Charges."

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 .