Facebook Evidence Can Have Limited Value In Sex Crimes Cases

Tony Browne was found guilty of 12 counts of federal child exploitation offenses including production of child pornography, coercion and enticement of a minor, receipt of child pornography, and transfer of obscene material to a minor with females ranging in age from 12 to 17 years old. Browne created a Facebook profile wherein he pretended to be a female and befriended the girls, ultimately obtaining nude and sexually provocative photos from them. Next, Browne utilized another Facebook account under a fictitious name, Billy Button, to threaten to post the photos unless the minors provided more photos or engaged in sexual activity with him. Additionally, Browne sent images to the minors of his erect penis. In United States of America v. Tony Jefferson Browne, Browne’s appeal was rejected but the U.S. Court of Appeals for the Third Circuit did hold that although a preponderance of the evidence showed that Browne did create the messages, there was no way to fully authenticate the records through Facebook’s records custodian. Although the conviction was upheld, the court’s finding was that social media evidence requires authentication which takes into consideration the range of ways in which such information can be manipulated. Sex crime charges can be levied many years after an alleged incident and can result in incarceration, substantial and irreparable damage to the reputation and lifestyle of the accused in addition to the deprivation of liberty and rights, registration as a sex offender, loss of employment opportunities, possibility of civil commitment and social stigma. If you are accused of a sex crime it is absolutely imperative that you obtain experienced criminal defense counsel to begin working on your defense immediately. For more information about sexual assault, rape, endangering the welfare of a minor, internet crimes, child pornography or other sex crimes in NJ visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of counsel.

Coffee Drinking In NJ - From Keeping You Alert To A Violation?

The same penalties which apply to using a cell phone while driving, N.J.S.A. 39:4-97.3, in New Jersey could soon apply to drinking coffee or eating while driving if Assemblymen John Wisniewski of Middlesex County and Nicholas Chiaravalloti of Hudson County, both Democrats, get their way. The revisions would subject drivers to a $200 fine for a first offense, $600 fine for a second offense, with a third or subsequent offense subjecting coffee drinkers to up to $800 in fines and up to 90 day loss of license. The Assemblymen are claiming the bill is intended to prevent distracted driving, not punish would be coffee drinkers, but that theory ignores the reality that the effect is the same for drivers. In support of the bill, some are citing enforcement of seatbelt laws and a significant increase in seatbelt use with a corollary decrease in life threatening crash related injuries. The bill is still in its infancy and, as many believe this to be excessive overreaching on the part of Wisniewski and Chiaravalloti, hopes remain high that this bill will garner little support from those responsible for the stewardship of New Jersey. For more information about motor vehicle offenses including using a hand-held electronic device while driving, driving under the influence (DUI), reckless driving and other traffic offenses visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

DUI Case Opens Door To Further Discovery In Municipal Court

Pursuant to the N.J. Supreme Court’s ruling in State v. Stein, a driving under the influence (DUI) (N.J.S.A. 39:4-50) matter, municipal court prosecutors must turn over evidence from all jurisdictions involved in an arrest. The N.J. Supreme Court’s ruling overturned both the trial and Appellate Division rulings on the matter. Robert Stein was involved in a motor vehicle accident on Route 23 in Wayne and a Pequannock officer was the first to respond to the scene. Later Wayne officers relieved the Pequannock officer. Stein was ultimately charged with driving while intoxicated, as a third offender, and found guilty in the municipal court and the N.J. Superior Court, Law Division, Passaic County. He was also charged with careless driving (N.J.S.A. 39:4-97). Stein was sentenced to 180 days in the Passaic County Jail; 10 year loss of driving privileges; 48 hours at the Intoxicated Driver’s Resource Center; required to install an ignition interlock device on his vehicle and substantial fines. Justice Albin drafted the opinion including that Rule 7:7-7(b) requires the municipal prosecutor to provide all relevant evidence, including that from other jurisdictions and the names of officers in possession of knowledge pertaining to the alleged incident. The N.J. Supreme Court agreed with Stein’s argument that any inculpatory evidence could also be exculpatory and needed to be turned over. In Stein’s case, he did not raise or preserve the issue of the failure of the Wayne Municipal Prosecutor to turn over the name of the Pequannock officer for appeal. However, the ruling is relevant and could prove beneficial to those facing charges in municipal court. DUI charges, whether for alcohol or drugs, are very serious and can lead to incarceration and loss of driving privileges up to ten years. If you are facing charges for DUI it is critical that you obtain experienced defense counsel immediately. For more information about DUI, DUID, controlled dangerous substances (CDS) in a motor vehicle, refusal to submit to chemical breath tests, reckless driving or other serious motor vehicle charges in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.