Theft of $100,000 From N.J. Employer

Deborah Meehan was convicted of second-degree theft by unlawful taking (N.J.S.A. 2C:20-3) after issuing checks to herself in the amount of over $100,000 by affixing the stamp of a law firm partner to checks in her control as the law firm's bookkeeper. Following an investigation, Meehan was questioned and admitted, during a videotaped interview, that she did not have permission to issue the checks. The jury found Meehan guilty of second-degree theft but, at sentencing, the trial judge downgraded the offense to third-degree and sentenced her to prison, refusing to accept her application for probation. The State appealed and the Defendant cross-appealed indicating she did not effectively waive her right to remain silent and therefore her confession should be suppressed. In State v. Meehan, the NJ Appellate Division initially reviewed the voluntariness of the Defendant's confession under State v. Hreha, 217 N.J. 368 (2014), Miranda V. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), State v. Graham, 59 N.J. 366 (1971), State v. Warmbrun, 277 N.J. Super. 51 (App. Div. 1994), and State v. Galloway, 133 N.J. 631 (1993). The panel held that the state met it's burden of proof showing the police did not overbear Meehan's will and her statement was provided after a voluntary and knowing waiver of her rights. The panel further held that neither the jury charge nor the prosecutor's statements were prejudicial to the Defendant. The panel did find for the State in holding that it was an abuse of the trial judge's discretion to downgrade the second-degree conviction to third-degree. Pursuant to State v. Roth, 95 N.J. 334 (1984), the NJ Appellate Division will not typically disturb the sentence of a trial court unless it constitutes abuse of discretion. Pursuant to State v. O'Donnell, 117 N.J. 210 (1989) and State v. Case, 220 N.J. 49 (2014), the state must first review the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and then balance the relevant factors and explain how the final sentencing decision is reached in light of the analysis. N.J.S.A. 2C:44-1(d) requires prison for second-degree crimes unless there are exceptional circumstances as the court fully set forth in State v. Evers, 175 N.J. 355 (2003) and, under the facts, denial of probation was appropriate. N.J.S.A. 2C:44-1(f)(2) relating to the downgrade of sentences, sets forth that where mitigating factors substantially outweigh the aggravating factors and the interests of justice are best served by the downgrade, the court has discretion to reduce the term to that of a crime one degree below that for which the Defendant was convicted. State v. Megargel, 143 N.J. 484 (1996) and State v. Lake, 408 N.J. Super. 313 (App. Div. 2009) jointly provide a valuable explanation of the analysis the court should conduct in considering a downgrade. The N.J. Appellate panel considered the legislative intent in drafting N.J.S.A. 2C:20-2(b)(1). The panel agreed with the State's likening of the matter to State v. Jones, 197 N.J. Super 604 (App. Div. 1984) wherein a defendant's second degree theft by deception (N.J.S.A. 2C:20-4) was downgraded to third-degree and later reversed after the court found the downgrade to be abuse of the trial court's discretion. The N.J. Appellate Division ultimately reversed the downgraded sentence, holding that Meehan's theft of over $100,000 from her employer was serious and a downgrade would not serve the interests of justice, and remanded for sentencing accordingly. A second-degree theft conviction will result in a 5-10 year prison sentence. If you are facing second-degree criminal charges it is critical you obtain an experienced criminal defense attorney immediately to protect your rights and build a defense against the prosecution's case. For more information about theft, burglary and other serious criminal issues in New Jersey visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of counsel.

Murder Confession Admissible Under Miranda

Jerome L. Faucette was charged with first-degree felony murder (N.J.S.A. 2C:11-3(a)(3)) and robbery (N.J.S.A. 2C:15-1) after driving a vehicle for Terrence S. Clemmons during Clemmons robbery and shooting of a gas station attendant. Faucette was convicted of first-degree robbery and sentenced to 13 years in prison with an 85% parole disqualifier under the No Early Release Act (N.E.R.A.)(N.J.S.A. 2C:43-7.2. Faucette appealed claiming his statement was not made voluntarily on the grounds that he had invoked his right to counsel. On May 14, 2008, at 7:00 pm, police requested defendant accompany them to the police station for questioning with which he complied. Faucette was read his rights under Miranda v. Arizona, U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966) at the police station and spoke with police until approximately 8:00 pm when he asked to leave, however, the police continued questioning Faucette until 2:30 am. Faucette did not invoke his right to counsel. On May 15, 2008, police returned to the defendant's residence at 4:00 pm to return him to the police station where he was again advised of his Miranda rights and arrested. Detectives questioned Ms. Spencer and Mr. Gaddy, Faucette's former girlfriend and friend. Both of these individuals advised police that Faucette had admitted to participating in the robbery planned by the co-defendant, Clemons. Faucette ultimately admitted to participation in the robbery as a driver but denied involvement in the murder or prior knowledge thereof. In State v. Faucette, the judge held that the initial interview, wherein no confession was obtained, violated the defendant's rights under Miranda following the defendant's request to terminate the interview, however, the second interview was not in violation of defendant's rights and the confession provided therein was voluntary. The court granted suppression of all information obtained after 8:03 p.m. during the initial interview but found all remaining statements to be admissible. On appeal, the defendant challenged the voluntariness of his confession based on coercion and violation of his rights under Miranda. The NJ Appellate Division turned to State v. W.B., 205 N.J. 588 (2011) with regard to Miranda requirements when there is a challenge to voluntariness of a confession. Pursuant to State v. Johnson, 42 N.J. 146, 162 (1964), reiterated in State v. Davila, 203 N.J. 97, 109-10 (2010), as long as the findings of the trial judge are detailed and supported by factual and credible evidence the findings below are not to be disturbed. However, the deference accorded in Johnson and Davila are dependent upon the trial court's ability to hear testimony from officers, experts and witnesses and not the mere review of a videotaped confession from which the Appellate Division can also draw independent conclusions. State v. Diaz-Bridges, 208 N.J. 544, 565-66 (2011). The Fifth Amendment grants privilege against self-incrimination and this right is afforded to the states through the Fourteenth Amendment. The Appellate Division looked to State v. Reed, 133 N.J. 237 (1993), with regard to a defendant's right against self-incrimination in New Jersey and to State v. Knight, 183 N.J. 449 (2005) with regard to the upholding of that right through Miranda protections. State v. Galloway, 133 N.J. 631 (1993) was the case looked to by the Appellate Division in determining whether the State or defendant bears the burden of proving voluntariness of a confession and found the burden is borne by the State. State v. Presha, 163 N.J. 304, 313 (2000), dictates that a the "voluntary intelligent statement" of a defendant properly notified of his rights under Miranda is a valid and admissible confession. After reviewing the circumstances in this specific matter, the Appellate Division found that Faucette's second confession was knowingly and voluntarily given with full information and understanding of Miranda warnings and that there was no "taint from the May 14 Miranda violations" in violation of State v. O'Neil, 193 N.J. 148, (2007) or State v. Johnson, 118 N.J. 639 (1990). Further, the Appellate Division affirmed that Faucette did not, at any time during the questioning, invoke his right to counsel. The NJ Appellate Division found Faucette's confession to be voluntary and affirmed the decision of the trial court. If you are facing charges of murder you are looking at a sentence of 30 years to life and even for lesser included offenses the sentence can be the same as life in prison depending on your age at sentencing. When confronting such charges, it is imperative that you have experienced and trusted criminal defense counsel at your side to ensure you have the best chance possible in fighting the case and protecting your rights. For more information about murder, robbery, conspiracy, aggravated manslaughter, assault or weapons charges in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Two Unlawful Weapons But Only One Extended Term For Convicted Felon

In State v. Robbins, the defendant, Sylvanus K. Robbins, was convicted of 2 counts of unlawful possession of a weapon by a convicted felon (N.J.S.A. 2C:39-7), possession of a stun gun (N.J.S.A. 2C:39-3h), possession of a sawed-off shotgun (N.J.S.A. 2C:39-3b), unlawful possession of a loaded weapon (N.J.S.A. 2C:39-5c(2)) and hindering his own prosecution (N.J.S.A. 2C:29-3b(1)). Robbins appealed the conviction and the 16 year aggregate extended-term sentence with 50% parole disqualifier. Defendant was stopped for an illegal u-turn and failed to produce a license, registration or insurance card then confessed to having a suspended North Carolina driver's license. The defendant was ordered from the vehicle and secured in handcuffs for officer safety and during the detention it was discovered defendant had warrants from North Carolina for burglary, kidnapping and assault by strangulation. Defendant agreed to a search of the vehicle and based on information provided by defendant's girlfriend, the police also sought consent to search their hotel room. Upon receiving consent to search from defendant's girlfriend, police discovered a sawed-off shotgun, ammunition and a stun gun in the hotel room. Police stated that, after being Mirandized but before deciding whether to give up the right to remain silent, Defendant immediately admitted to ownership of the shotgun, advising it was for protection when riding his dirt bike in the North Carolina woods. Defendant denied admission of ownership of the gun and stated he only consented to the search as it was very cold outside and the officer had him stand outside of the car until he consented. The judge was not satisfied consent was voluntary and suppressed a fake gun found in the trunk of the car. The judge also decided the search of the hotel room was separate from the search of the vehicle and would have happened as a result of the warrants therefore, pursuant to Wong Sun v. United States, 371 U.S. 471 (1963) the shotgun was not "fruit of the poisonous tree." The judge held that the defendant's admission to ownership of the gun did not violate Miranda or Rule 3:17(a) as it was made spontaneously and not during an investigation. On appeal, the NJ Appellate Division affirmed the conviction and found the 16 year extended-term not to be excessive for possession of a saw-off shotgun gun by a convicted felon pursuant to State v. Bieniek, 182 N.J. 44 (2004). The Appellate Division did remand for re-sentencing with regard to the imposition of 2 extended term sentences as N.J.S.A. 2C:44-5a(2) prohibits more than one extended term. In regard to possession of the stun gun by a convicted felon, the sentence was to be a concurrent, ordinary term. If you are facing weapons or other serious charges, it is critical for you to obtain experienced criminal defense counsel to fight the charges. Conviction and even certain negotiated pleas can result in extended term sentences which will deprive you of your freedom for a large part of your life as well as have a devastating impact on your loved ones. For more information regarding weapons possession by a convicted felon, possession of a weapon for unlawful purposes, hindering apprehension and other serious criminal charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.