Attempted Murder Reduced To Aggravated Assault For Plea

Richard Spellman was indicted on two counts of attempted murder (N.J.S.A. 2C:5-1 and 2C:11-3); two counts of first-degree robbery (N.J.S.A. 2C:15-1); two counts of second-degree possession of a weapon (N.J.S.A. 2C:39-4a); two counts of third-degree unlawful possession of a firearm (N.J.S.A. 2C:39-5b); and second-degree certain persons not to have weapons (N.J.S.A. 2C:39-7). Spellman confessed and his motion to suppress the confession was denied. He ultimately pled guilty, in the Superior Court of New Jersey, Law Division, Somerset County, to all charges after the first-degree attempted murder charges were amended to second degree aggravated assault (N.J.S.A. 2C:12-1b(1)). Spellman was sentenced to concurrent 17 year terms subject to an 85 percent period of parole disqualification under the No Early Release Act (NERA) (N.J.S.A. 2C:43-7.2); two 10 year terms and two 5 year terms; and restitution to a victim with a 5 year period of parole supervision to follow his release. The charges stemmed from two incidents. First, while on parole for a prior aggravated assault, Spellman entered a convenience store, demanded money and then shot the clerk in the stomach after he was given the money. In the second incident, Spellman shot a man in the parking lot of a restaurant. Upon arrival at the scene, police found a gun in the parking lot and Spellman staring at them out the window of a nearby store. When officers spoke to Spellman, he indicated he was fighting with the man he shot. Officers searched Spellman and found a bullet on his person. At the police station, officers found another bullet on Spellman's person and, prior to questioning of any kind, Spellman said "I shot the attendant at the [convenience store]." Spellman was read his Miranda rights, waived his right to counsel and quickly confessed to shooting both individuals. In State v. Spellman, the NJ Appellate Division upheld the trial court judge's decision that the defendant's confessions were voluntary in spite of the defendant's challenge to the voluntariness based on mental capacity which was not raised at trial and therefore not preserved for appeal. Nieder v. Royal Indem. Ins. Co., 62 N.J. 229 (1973). The NJ Appellate Division looked to State v. Smith, 307 N.J. Super. 1 (App. Div. 1997), in holding that mental illness itself, if present, does not invalidate a confession. The record below satisfied the Appellate Division that the trial judge fully reviewed the confession and found no coercion or force to have been used. With regard to sentencing, the NJ Appellate Division did find errors with the trial judge's failure to properly weigh the aggravating and mitigating sentencing factors of N.J.S.A. 2C:44-1 and explain his or her reasoning fully on the record. State v. Fuentes, 217 N.J. 57 (2014). The Appellate Division determined that he trial judge's imposition of concurrent 17 year sentences exceeded the statutory range of 5 to 10 years set forth in N.J.S.A. 2C:43-6a(2). Finally, the Appellate Division and the State agreed that the trial judge failed to make adequate findings, pursuant to N.J.S.A. 2C:44-2b(2), as to whether the defendant was able to pay the restitution ordered. The matter was remanded for resentencing. 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, 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.

Gun Permit Bill Veto By Governor Christie Is Overridden

Governor Chris Christie's veto of a bill addressing gun permits in New Jersey, S-2360, was overridden by the NJ Senate. The bill would require notification to the courts when an individual sought to have mental health records expunged for the purpose of obtaining a firearms purchaser identification card. Christie called the bill a 'half-measure' which failed to address mental health issues and gun violence comprehensively. Under S-2360, individuals would have to notify New Jersey State Police, their county prosecutor and local police department when seeking expungement of their mental health records for the purpose of obtaining a gun permit. Presently, those with mental health histories are unable to obtain a gun permit under most circumstances. While proponents of the bill believe it will close loopholes which currently allow those with a history of mental illness to purchase guns legally, Christie believes the public would be better served by requiring those previously mandated to mental health treatment to prove they had been successfully treated and in order to obtain a gun permit. For more information about gun laws in New Jersey including obtaining a gun permit, possession of illegal weapons, unlawful possession of a weapon, regulations on BB guns and paintball guns and other weapons offenses visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

DUI Matter Changes Warrantless Search Standard In NJ

State v. William L. Witt, (A-9-14)(074468), 435 N.J. Super. 608, 610-11 (App. Div. 2014), 219 N.J. 624 (2014), began as a possible driving under the influence (DUI) (N.J.S.A. 39:4-50) case but, due to the warrantless search of Witt's vehicle, led to an indictment for second-degree unlawful possession of a firearm (N.J.S.A. 2C:39- 5(b)) and second-degree possession of a weapon by a convicted person (N.J.S.A. 2C:39-7(b)). Following a trial and appeals in this matter the result was the overturning of State v. Pena-Flores, 198 N.J. 6 (2009), which has been the standard for automobile searches in New Jersey. After being pulled over and removed from the vehicle for field sobriety tests, which police claim he failed. After arresting Witt, the police searched the vehicle for "intoxicants" and discovered a handgun in the center console. The trial court followed Pena-Flores in holding that the warrantless search of the vehicle, beyond a plain view search for open containers of alcohol, was in violation of Witt's rights and suppressed the handgun. The N.J. Appellate Division affirmed the trial court's decision to suppress the gun finding that there were no circumstances involved in this matter which could give rise to justification of the warrantless search. The N.J. Supreme Court held, days ago, that there should be a return to the standard of State v. Alston, 88 N.J. 211 (1981), wherein the automobile exception to the warrant requirement allows police with probable cause to believe the vehicle contains contraband or evidence of a crime to search a vehicle when unforseeable circumstances arise during a motor vehicle stop. State v. Cooke, 163 N.J. 657 (2000), added the need for exigent circumstances to the standard set in Alston and Pena-Flores reaffirmed Cooke adding a preference for the use of available technology to obtain warrants in if at all practicable. The State argued that the Pena-Flores standard was overly subjective, lacked uniform application, placed police officers in harm's way, motorists were ultimately consenting rather than the police applying for warrants, and where vehicles were impounded the intrusion was greater than that involved in a roadside search. The NJ Supreme Court considered the standard established by the United States Supreme Court, which requires only that the vehicle is easily moveable, including even mobile homes, and the officer has probable cause to believe the vehicle contains contraband or evidence of an offense. The NJ Supreme Court further considered the difficulty caused to officers by upholding the standards in Pena-Flores against the Constitutional protections it provides. The Court opted for a return to the standard established in Alston, which offers police much broader authority to avoid obtaining a search warrant than under Pena-Flores. If you are facing charges of DUI, refusal or other criminal charges as a result of an included search of your vehicle, you should obtain experienced criminal defense counsel immediately. For more information about DUI, controlled dangerous substances (CDS) in a motor vehicle, illegal possession of a firearm, other weapons offenses or other serious motor vehicle charges in NJ visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

NJ Firearms Purchaser Identification Card Denied For NY Charges

George Winston was denied a New Jersey firearms purchaser identification (FPI) card in 2011 as a result of convictions in New York of attempted assault in 1974 and possession of a controlled dangerous substance in 1989. The Clifton, New Jersey Chief of Police denied Winston an FPI card in spite of "certificates of relief from disabilities" for the prior New York convictions pursuant to N.J.S.A. 2C:58-3c(1). In the Matter of the Denial of the Application of Winston the Superior Court- Law Division, Passaic County judge heard testimony from Winston and others as well as a Clifton detective undertaking the background search with regard to the application. The Clifton detective indicated that Winston's background also included domestic violence charges, a driving under the influence (DUI) charge and disputes with neighbors on more than one occasion. The Law Division judge found that the New York certificates of relief were not entitled to the Full Faith and Credit Clause as they were not equivalent to a New Jersey expungement under New York law but rather they remove certain bars to employment under New York law. If you are seeking a permit to obtain a firearm, you should seek an experienced attorney to assist you in your matter. If you are caught illegally carrying firearms the penalties can be severe making it well worth the effort to seek a permit to carry legally. For more information about gun or weapon possession, possession of weapons during a drug related offense, armed robbery, possession of a handgun without a permit, use or possession of a gun in the commission of a crime, illegal weapons, unlawful possession of a weapon or possession of a weapon while on parole or probation visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Venue Change After Death Threats And Murder Conspiracy

Aakash Dalal was charged with multiple crimes including criminal mischief (N.J.S.A. 2C:17-3(a)(1)) for spray painting anti-Semitic graffiti on a synagogue in Hackensack, NJ; first-degree aggravated arson (N.J.S.A. 2C:17-1(a)) associated with a synagogue in Rutherford, NJ; first-degree bias intimidation (N.J.S.A. 2C:16-1(a)); and first degree conspiracy to commit aggravated arson (N.J.S.A. 2C:5-2(a)(2) and N.J.S.A. 2C:17-1(a)) as well as similar matters within the same region occurring during a limited timeframe. Once the matter began proceeding through the courts, Dalal was also charged with first-degree conspiracy to murder a Bergen County Assistant Prosecutor (N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:11-3); third-degree conspiracy to possess a firearm for an unlawful purpose (N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:39-4) and third-degree terroristic threats (N.J.S.A. 2C:12-3(b)). Dalal was indicted for many of the charged counts as well as first-degree terrorism (N.J.S.A. 2C:38-2(b)(1)) and second-degree terrorism (N.J.S.A. 2C:38-4). Prior to trial, Dalal sought transfer of the case to another judge without objection by the State as the prosecution intended to introduce evidence that Dalal intended to target Presiding Criminal Part Judge Liliana DeAvila-Dilebi and Judge Partick Roma. Dalal also sought change of venue without success and brought an interlocutory appeal. Given the facts of the case, the NJ Appellate Division judges hearing the matter determined that, despite their own confidence in the judiciary, a reasonable person in Dalal’s situation could have substantial doubt as to their potential for obtaining a fair trial in the Bergen County Superior Court. The appellate judges quoted Chief Justice Rabner’s opinion in DeNike v. Cupo, 196 N.J. 502, 506 (2008): “[t]he Judiciary derives its authority from the State Constitution but earns the public’s confidence through acts of unquestioned integrity.” The matter was reversed with directions that the matter be heard by a judge from outside the vicinage. If you are facing criminal charges, it is imperative that you insure your rights are upheld and you have the best chance possible at a fair trial. For more information about serious criminal matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Conspiracy to Murder, Assault, Weapons Possession and Conspiracy to Distribute Drugs Overturned Due to Juror Altercation

In State v. Dorsainvil, a conviction for first-degree conspiracy to commit murder, second-degree aggravated assault (N.J.S.A. 2C:12-1b) and first-degree attempted murder, second-degree possession of a firearm for an unlawful purpose (N.J.S.A. 2C:39-4), second-degree possession of a firearm during the commission of a drug-related offense (N.J.S.A. 2C:39-4.1), third-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5b) and third-degree conspiracy to distribute cocaine and/or heroin was overturned as a result of an altercation between jurors during deliberations. Following the guilty finding, the defendant moved for a mistrial and the trial court denied the motion. Almost contemporaneously with the jury's announcement of a deadlock, a physical altercation between at least 2 and possibly 3 jurors occurred. The violence was severe enough to prompt the other jurors to summon a Sheriff's officer for safety. Thereafter, a guilty verdict was then rendered creating the reasonable inference that the physical altercation in some way influenced the jurors in order to break the deadlock. The NJ Appellate Division found that physical altercations between jurors was likely to result in undue influence contaminating the verdict. If you are facing charges of murder, assault, attempt, conspiracy, possession of a firearm for an unlawful purpose, distribution or possession with intent to distribute drugs, you are facing severe penalties including as much as life in prison. When confronting criminal charges, it is imperative that you have experienced criminal defense counsel at your side to ensure you are afforded due process and your rights are protected. For more information about murder, assault, attempt, conspiracy, possession of a firearm for an unlawful purpose, distribution or possession with intent to distribute drugs in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

In Gang Related Murder, Lawyer's Failure To Call Alibi Witnesses May Be Ineffective Assistance

Fedner Pierre-Louis, allegedly of the Playboy Posse criminal gang, was convicted of first-degree aggravated manslaughter (N.J.S.A. 2C:11-4(a)(1)); first-degree robbery (N.J.S.A. 2C:15-1), first-degree felony murder (N.J.S.A. 2C:11-3(a)(3)), third degree unlawful possession of a firearm (N.J.S.A. 2C:39-5(b)) and second-degree possession of a firearm for an unlawful purpose (N.J.S.A. 2C:39-4(a)). The defendant, in State of NJ v. Fedner Pierre-Louis, was sentenced to 45 years in prison for this murder of an oncologist, Jeffrey Perchick, at a hotel in the Newark area. Pierre-Louis was charged when a gun used in another crime was traced to him. However, Pierre-Louis offered his defense attorney seven potential alibi witnesses, including family members and friends from his night-school classes, who were willing to testify on his behalf. Defense counsel employed a private investigator who spoke with the alibi witnesses and determined them to be unreliable. As a result of the private investigator's assessment, defendant's counsel made the decision not to present any of the alibi witnesses and Pierre-Louis was convicted. Upon a post-conviction relief filing by defendant, the trial judge, Union County Superior Court Judge John Triarsi vacated the guilty verdict then reversed himself after reviewing documents demonstrating defendant's trial counsel knowingly made the decision not to present the alibi witnesses after interviews by the private investigator. The NJ Appellate Division affirmed the trial court's ruling and the NJ Supreme Court granted the defendant's petition for certification. The NJ Supreme Court considered whether the petition for post-conviction relief satisfied the test set forth by Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed.2d 674 (1984) and State v. Fritz, 105 N.J. 42 (1987). The Justices heard arguments from the prosecution and defense regarding the with whom the decision to produce witnesses lies, the standard of review the trial judge must undertake and at one point the Court has the authority to disturb the trial judge's findings. Ultimately, the NJ Supreme Court held that the trial court's findings were not sufficient with regard to either prong of the test and remanded the matter to the trial court for a new hearing including the presentation of the alibi witnesses for the purposes of determining credibility. If you are facing criminal charges in NJ, the consequences of a conviction can change your life. For more information about gang crimes, weapons charges, murder, manslaughter, robbery 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.

Can NJ Police Legally Listen to Phone Conversations In Other States?

A Florida man was charged with the crimes of 1st degree murder, 1st degree felony murder, 2nd degree burglary, 2nd degree possession of a weapon for an unlawful purpose, 3rd degree possession of a firearm without a permit; 3rd degree conspiracy to hinder apprehension, 4th degree obstruction of justice and 3rd degree witness tampering as a result of a wiretap initiated by NJ law enforcement. In State v. Ates, 46 A. 3d 550 (N.J. Super. Ct. App. Div. 2012) the defendant's former son in law, Paul Duncsak was on the phone with his fiancee who testified to hearing him shout "no, oh no" then she heard a loud thud. When police arrived they found Dunscak's lock had been picked and he had been shot multiple times at close range. Based on other evidence uncovered during the investigation, Passaic County Superior Court Judge Marilyn Clark issues orders permitting wiretaps for electronic communications between Ates and others. The wiretaps provided police with hundreds of recorded calls, with the inclusion of many calls between Ates and his defense attorney. Ates' defense counsel unsuccessfully filed a motion to dismiss based on the wiretaps of conversations between the two. Bergen County Superior Court Judge Harry Carroll ordered the conversations between Ates and his lawyer suppressed but refused to dismiss the matter. Defendant was convicted of all charges and is now serving a life sentence. The NJ Appellate Division found that the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-3 and 4(d), constitutionally permits wiretaps of calls in other states as the law enforcement agency listening to the conversations is located in New Jersey. The defense challenge centered on the argument that a wiretap warrant should also have been required in Florida, the state in which defendant resided. The matter is to be heard by the New Jersey Supreme Court. If the N.J. Supreme Court determines the wiretaps in Ates were constitutional, it will greatly expand permissible listening powers by NJ law enforcement officials. If you believe police may have illegally obtained evidence against you and you are now being charged with a crime in NJ, you should immediately obtain an experienced criminal defense attorney to protect your rights. For more information regarding wiretaps, burglary, weapons offenses, drug offenses or other criminal law issues in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and is not intended to replace the advice of an attorney.