No Suppression Of Handguns Shown In Video

Ronald Payne was convicted in the Superior Court of New Jersey, Essex County for two counts of second-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5(b)), third-degree receiving stolen property (N.J.S.A. 2C:20-7) and third-degree resisting arrest (N.J.S.A. 2C:29-2a(3)(a)) after police received a report of a man in possession with a gun in Belleville, NJ. Upon arriving in the area, police saw the defendant run to a car which sped away as soon as the defendant got in. As police chased the vehicle, Payne pointed a gun at the officers and his actions were recorded by the cruiser's dash camera. Police ultimately stopped the vehicle and, upon removing the defendant, saw two handguns in plain view on the vehicle's back seat. In State v. Payne, the defendant sought suppression of the weapons discovered, however, the Superior Court judge viewed the patrol car's video and declined to hold a suppression hearing. The defendant pled guilty and was sentenced to 5 years in prison with a 3 year parole ineligibility period under the Graves Act (N.J.S.A. 2C:43-6(c)). The defendant appealed the denial of his suppression motion without an evidentiary hearing and the court's failure to award him appropriate jail credits at sentencing as a result of a parole violation. The NJ Appellate Division found that the defendant's appeal of the suppression motion was without significant merit as the video showed enough to see the handguns in plain view and leave no material facts in dispute, under State v. Hewins, 166 N.J. Super. 210 (1979), with regard to the handguns. The Appellate Division did remand the matter to the trial court to determine whether the 720 jail credit awarded to the defendant was appropriate or whether he was entitled to additional jail credits. Second-degree unlawful possession of a firearm or handgun carries up to 10 years in prison with a mandatory parole ineligibility period under the Graves Act. If you are facing weapons charges, you should seek experienced criminal defense counsel immediately. For more information about weapons possession, use or possession of a gun in the commission of a crime, possession of a handgun without a permit, weapons possession while on probation or parole, illegal weapons or other serious charges in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Multiple Counts In An Ongoing Conspiracy Must Be Sentenced As A Single Event

Vereli Sotelo was charged with five counts of theft by deception (N.J.S.A. 2C:20-4) and conspiracy to commit theft by deception (N.J.S.A. 2C:5-2) and convicted of multiple counts of theft by deception for her part in a scheme involving green cards. Vereli and her husband Tito used Tito's respected position within the salvation army to communicate to Hispanic members of the congregation how he could obtain them residency cards quickly through an attorney in Miami. Tito charged $4,000 per green card plus a donation to the church. He told people the money was being forwarded to immigration for processing. The Defendant and another woman were present to collect and count the money when people visited Tito to avail themselves of his offer. Vereli would accompany Tito to Florida for meetings with the lawyer. At some point, the parishioners began to receive letter indicating their applications had been received and the information within those letters had been falsified to include Florida addresses and describing their educational levels as including advanced degrees. Ultimately the story reached the media and, even then, the defendant maintained to parishioners that Tito was not operating a fraudulent scheme and the arrival of the residency papers would prove it. When the Union County Prosecutor's office brought the matter of State v. Sotelo to trial, the defendant was convicted and received an aggregate term of 6 years in prison including a single 3 year term on one count, a consecutive 3 year term on another 3 counts and a concurrent 3 year term on a final count. Defendant appealed on several points, most of which were affirmed, but the appellate division did find that all acts performed by the defendant were part of a general and unified plan and therefore should be sentenced as a single act of conspiracy and remanded for sentencing appropriately. Theft, including theft by deception, charges can result in substantial penalties including up to 10 years in prison for second degree theft. If you are facing charges for shoplifting, theft or theft by deception, you should immediately consult the advice of experienced criminal defense counsel. For more information regarding theft, extortion, shoplifting, forging prescription blanks, receiving stolen property or other crimes in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.