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SIMPLE RULES TO TEACH YOUR KIDS (and you) ABOUT INTERACTING WITH THE POLICE.

4/5/2016

Whether we like to admit it or not, certain groups are more likely to have an encounter with the police. Besides other minorities, teenagers and young adults seem to be contacted most often by law enforcement. Unfortunately, many times these encounters end with an arrest that would not have occurred, if they knew their rights and these simple rules.

Here’s a synopsis that we could share with our loved ones:

If you're stopped or confronted by the police, here's some rules to follow:

1. Be Polite. Do not be confrontational, and do not argue! Stay calm and remain in control. You may be scared and even think your rights are being violated. But just relax. Watch your words, body language and emotions.

2. Do not, under any circumstances, get into an argument with the police. If the officer is out of line, you can file a complaint later.

3. Keep your hands in plain sight and make sure the police can see your hands at all times. Make no aggressive motions.

4. Do not try and run or flee

5. Do not touch the officers in any way, even if you brush against them they may consider it offensive or an assault.

6. Give the officers your identification; you're required to identify yourself

7. Do not give permission to search you or your home or vehicle, under any circumstances, no matter what the officer says or threatens, even if they threaten to bring a dog to the scene. Do not consent to any search, and do not sign a Consent to Search Form.

8. Do not answer any questions! I CAN'T TELL YOU HOW MANY PEOPLE DON'T FOLLOW THIS SIMPLE RULE AND END UP CONVICTING THEMSELVES BY SOMETHING THEY SAID. "You have he right to remain silent, and anything you say or do WILL be used against you in a court of law." This has been in T.V. shows and movies tens of thousands of times, since the 1960s, yet people don't follow this rule. REMAIN SILENT! You are not required to answer any questions, not even "where are you coming from", "where are you going", what were you doing", "do you have anything illegal on you or in your car". You can politely say, you'll be happy to talk to them and cooperate to the extent your attorney allows. Let an attorney decide what you should or shouldn't say or agree to. Its better to be safe than sorry. Simply tell the officer you refuse to answer any questions and ask if you're being detained, or if your free to leave. If you're told you're free to leave, do so immediately, without saying another word.

9. Always be polite, despite the officer's attitude. Just like every other profession, there are good and bad cops, and some will try to provoke you, even by pushing you or putting their face close to yours. Don't take the bait!

10. If you're told you're being detained, do not try and leave.

11. If an officer has reasonable suspicion you committed or are committing a crime, they can pat you down for weapons.

12. IF AN OFFICER ASKS YOU TO TAKE THINGS OUT OF, OR EMPTY, YOUR POCKETS, DON'T! IF HE HAS THE RIGHT TO SEARCH YOU, HE WILL, BUT DON'T HELP HIM BY TAKING ANYTHING OUT FOR HIM AND EXPOSE YOURSELF!

13. If you're being detained or arrested, an officer can do a pat down and search the immediate area.

14. If you have a way to record your encounter with the police, either by video or audio, do so!

15. Do not voluntarily give the officers your phone or camera; however, If for some reason the officers try and grab your phone or camera from you, do not fight them or grab it back.

16. If you can, call an attorney as soon as your approached by the police, no matter where you are.

17. Remember, your goal is to get home safely. If your rights are being violated, you will have the right to file a complaint or take corrective actions later. This is not the time to argue Constitutional Law with the officers. Follow these instructions and, if they've done anything wrong, it can be addressed by an attorney later.

If you or a family member is ever arrested, call my office for a free consultation. I'll explain the charges and how I can help you. You can call (888) 641-3434, anytime for an emergency.

All the best!
Randy C. Redden
(856) 448-6200
(888) 641-3434

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searches by police dogs

4/5/2016

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When can police use Drug Dogs?

In Illinois v. Caballes, the Supreme Court ruled that police do not need reasonable suspicion to use drug dogs to sniff a vehicle during a legitimate traffic stop. This decision stems from the case of Roy Caballes, who was pulled over for speeding and subsequently arrested for marijuana trafficking after a drug dog was brought to the scene and alerted on his vehicle. The Illinois Supreme Court reversed his conviction, finding that a drug sniff was unreasonable without evidence of a crime other than speeding. But in a 6-2 ruling, the Court held that the Fourth Amendment is not implicated when police use a dog sniff during the course of a legal traffic stop. Justice Stevens wrote the Opinion of the Court, finding that since dog sniffs only identify the presence of illegal items — in which citizens have no legitimate privacy interest — the Fourth Amendment does not apply to their use.
What this ruling means for you
The Caballes ruling authorizes police to walk a drug dog around the vehicle during any legitimate traffic stop. If the dog signals that it smells drugs, police then have probable cause to conduct a search. However, the ruling does not allow police to detain you indefinitely until dogs arrive. The legitimacy of the traffic stop still depends on its duration. Basically, if police can’t bring a dog to the scene in the time it takes to run your tags and write a ticket, the use of the dog becomes constitutionally suspect. So if you’re pulled over and police threaten to call in the dogs, you are not required to consent to searches.
Usually, the officer won’t have a police dog on hand and he needs reasonable suspicion to detain you while waiting for the drug dog. Before the dog arrives, you have the right to determine if you can leave by asking “Officer, am I free to go?” If the officer refuses and detains you until the dogs come, you have the right to remain silent and refuse to consent to any searches. If a dog arrives, you have the right to refuse to consent to a dog sniff, even if the officer claims you have to. Be aware that unlocking your car at the officer’s request or handing the officer your keys is the same as consenting to a search. You always have the right to refuse by stating “Officer, I don’t consent to any searches.” (Repeat, if necessary.) If a judge determines that the officer had no justification to detain you until the dog arrived, any evidence discovered by the dog may be thrown out in court.
What this ruling does not do
Caballes does not constitute a significant change in the constitutionality of dog sniffs. This case essentially clarifies previous rulings in which the Court was reluctant to apply the Fourth Amendment to the use of drug dogs. The ruling also does not apply to the use of police dogs in situations other than legitimate traffic stops. For example, suspicionless dog sniffs in parking lots or on sidewalks are not authorized by Caballes, and the Court has found random drug checkpoints unconstitutional. Nonetheless, the Court’s “no privacy interest in contraband” doctrine is a nasty one, but it might open up possibilities for future legal challenges.
Possible legal challenges to Caballes
The Supreme Court recently agreed to hear a case that casts doubt on the effectiveness of drug dogs to generate probable cause for a vehicle search. In Florida v. Harris, the Florida Supreme Court ruled that a drug dog’s reliability record must also be considered to determine probable cause. The case will provide long-due scrutiny to the legal assumption that dogs are reliable contraband indicators. In their dissenting opinion of Caballes, Justices Souter and Ginsburg pointed to studies showing that drug dogs frequently return false positives (12.5-60% of the time, according to one study). A recent Chicago Tribune field study revealed that drug dogs are more often wrong than they are right when alerting for drugs in vehicles. (Worse, police often train their dogs to falsely “alert” on suspected vehicles.) A high court ruling in favor of Harris would effectively overturn Caballes, because a dog “alert” would no longer be enough to justify a vehicle search.
Medical marijuana and the murkiness of “contraband”
17 states and the District of Columbia have legalized the use of medical marijuana for citizens with a doctor’s recommendation. As such, the Caballes “contraband” distinction fails in states such as California or Colorado where hundreds of thousands of people are legally authorized to possess and use it. After all, if police dogs are regularly alerting on substances that are no longer illegal, that flips the “no privacy interest in contraband” doctrine on its head. For example, a vehicle search resulting from a drug dog alerting for marijuana in Mendocino or Boulder is unconstitutional under Caballes. The odor of marijuana can no longer be probable cause, because prior to the search it’s impossible for an officer (or a drug dog) to know whether or not the detected marijuana is contraband or not. While this defense might not work in federal courts — which have yet to recognize the legal standing of medical marijuana — it could be used to challenge dog searches in states that have legalized medical marijuana.

If you're stopped or confronted by the police, here's some rules to follow:

1. Do not be confrontational, and do not argue!

2. Do not try and run or flee

3. Do not touch the officers in any way, even if you brush against them they may consider it offensive or an assault.

4. Give the officers your identification; you're required to identify yourself

5. Do not give permission to search you or your home or vehicle, under any circumstances, no matter what the officer says or threatens, even if they threaten to bring a dog to the scene. Do not consent to any search, and do not sign a Consent to Search Form.

6. Do not answer any questions, you are not required to answer any questions, not even "where are you coming from", "where are you going", what were you doing", "do you have anything illegal on you or in your car". Simply tell the officer you refuse to answer any questions and ask if you're being detained, or if your free to leave. If you're told you're free to leave, do so immediately, without saying another word.

7. Always be polite, despite the officer's attitude. Just like every other profession, there are good and bad cops, and some will look to provoke you.

8. If you're told you're being detained, do not try and leave.

9. If an officer has reasonable suspicion you committed or are committing a crime, they can pat you down for weapons.

10. IF AN OFFICER ASKS YOU TO TAKE THINGS OUT OF, OR EMPTY, YOUR POCKETS, DON'T! IF HE HAS THE RIGHT TO SEARCH YOU, HE WILL, BUT DON'T HELP HIM BY TAKING ANYTHING OUT FOR HIM AND EXPOSE YOURSELF!

11. If you're being detained or arrested, an officer can do a pat down and search the immediate area.

12. If you have a way to record your encounter with the police, either by video or audio, do so!

13. If for some reason the officers try and grab your phone or camera from you, do not fight them or grab it back.

14. This is not the time to argue Constitutional Law with the officers. Follow these instructions and, if they've done anything wrong, it can be addressed by an attorney later.

If you or a family member is ever arrested, call my office for a free consultation. I'll explain the charges and how I can help you.

All the best!
Randy C. Redden
(856) 448-6200
(888) 641-3434

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expungements (get rid of your criminal record)

4/5/2016

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CHANGES TO NEW JERSEY EXPUNGEMENT LAW

     A criminal record can affect your life in many ways, including your employment and immigration status. The laws concerning expungements of criminal records have recently changed, and I've listed the changes below.

NJSA 2C:52-2(a) – Simultaneous Expungement of criminal and disorderly persons person convictions. Ten years after completion of a criminal sentence, a petitioner who has one criminal conviction and no more than 2 disorderly persons level convictions, may submit a petition seeking to expunge the criminal charge, the disorderly persons offenses or both.

NJSA 2C:52-2(a)(1) – If the 10-year period has expired but has been extended due to a delay in the payment of the fines in full, the petitioner may file for an expungement of criminal &/or disorderly persons offenses based upon a finding by the court that the fines could not be paid on a timely basis due to compelling circumstances. (Compelling circumstances are defined under NJSA 2C:52-2(a)(2)).

NJSA 2C:52-2(a)(2) – At least 5-years has passed since the completion of the sentence, the petitioner has not been convicted of any subsequent offenses and the court finds expungement is in the public interest given his character and conduct.

NJSA 2C:52-3(a) – A petitioner seeking expungement of disorderly persons offenses must utilize this section unless he has been also convicted of a crime, in which case his petition must be filed under NJSA 2C:52-2(a).

NJSA 2C:52-3(b) – A person who has been convicted of no more than 3 disorderly persons offenses (d/p) and no crimes may file a petition for expungement 5-years after completion of the most recent d/p sentence seeking to expunge his convictions with a limit of three. A conviction for a crime or more than 3 d/p convictions serves as a disqualification under this section.

NJSA 2C:52-3(b)(1) – If the 5-year period has expired but has been extended due to a delay in the payment of the fines in full, the petitioner may file for an expungement of disorderly persons offenses based upon a finding by the court that the fines could not be paid on a timely basis due to compelling circumstances. (Compelling circumstances are defined under NJSA 2C:52-2(b)(2)).

NJSA 2C:52-3(b)(2) – At least 3-years has passed since the completion of the sentence, the petitioner has not been convicted of any subsequent offenses and the court finds expungement is in the public interest given his character and conduct.

NJSA 2C:52-6(a) – Arrest not resulting in conviction – The Superior Court is now required immediately to expunge the records of a criminal charge, d/p or ordinance violation which ends in a dismissal or discharge without a finding of guilt.

NJSA 2C:52-6(a)(1) – Arrest not resulting in conviction – If proceedings took place in municipal court, the municipal court shall provide the person, upon request, with appropriate documentation to transmit to the Superior Court to request expungement pursuant to procedures developed by the Administrative Office of the Courts. Upon receipt of the documentation, the Superior Court shall enter an ex parte order expunging all records and information relating to the person’s arrest or charge.

NJSA 2C:52-6(a)(2) – There is no fee for this application and the procedural requirements set forth in NJSA 2C:52-7 thru 14 do not apply.

NJSA 2C:52-6(a)(3) – This procedure does not apply to charges that are dismissed thru a plea agreement.

NJSA 2C:52-6(a)(4) – The county prosecutor is responsible for serving all the copies of the expungement order.

NJSA 2C:52-6(a)(5) – An expungement under this section does not serve as a bar to future expungements.

NJSA 2C:52-6(b) –Cases that resulted in dismissal prior to the amendment to this statute may seek an expungement without fee by filing a verified petition under NJSA 2C:52-7.

NJSA 2C:52-6(c) – There is a 6-month waiting period in those instances where the dismissal was obtained by way of a diversion from the criminal justice system.

NJSA 2C:52-32 – Public Policy – This chapter shall be construed with the primary objective of providing relief to the Reformed offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby persistent violators of the law or those who associate themselves with continuing criminal activity have a regular means of expunging their police and criminal records.

     Although filing for an expungment is a simple procedure, depending on an individual's criminal record, determining whether they qualify to have their record expunged can be complicated. Many individuals will not qualify for an expungement, usually due to the type of crimes for which they were convicted, or the number of convictions on their record.

     It's best to have an attorney experienced with expungements review your case, to see if you qualify. I've helped numerous clients throughout New Jersey clear their records through an expungment.

     If you'd like my help, call me Toll Free: 1(888) 641-3434

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NEW JERSEY SHOPLIFTING LAW

4/5/2016

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NEW JERSEY SHOPLIFTING LAW

A shoplifting conviction in New Jersey can result in serious consequences, including jail and a criminal record.

     Although shoplifting is actually a theft, it is treated separately in New Jersey, as distinct criminal offense, and can impose more severe penalties. Some believe this is due to the political power of the Retailers in New Jersey.

TYPES OF SHOPLIFTING (N.J.S.A. 2C:20-11)

     Essentially, under the statutes, there are five different types of shoplifting:

a. A person takes merchandise from a store, with the intent of depriving the store owner   of the product(s) without payment.

b. A person conceals merchandise, with the intent of depriving the store owner of the product(s) without payment, such as placing the product(s) in a purse, bag, pocket. In New Jersey, if a person purposely conceals merchandise that has not been paid for, it is presumed that they concealed it with the intent of depriving the store owner   of the product(s) without payment.

c. A person alters, transfers or removes a price tag or label, with the intent of depriving the store owner of the product(s) without proper payment, such as switching price tags, using a fake price tag, or anything that would change the price tab or label to reflect a price different from the true price.

d. A person transfers merchandise to a different container, with the intent of depriving the store owner of the product(s) without proper payment, such as placing a more expensive product in the box of a lower priced product.

e. A person, usually an employee, under-rings the value of the merchandise, with the intent of depriving the store owner of the product(s) without proper payment, such as ringing up less expensive merchandise in lieu of the the actual merchandise, or simply not ringing up all of the merchandise that is presented for purchase.

PENALTIES FOR SHOPLIFTING

     The value of the merchandise taken, or which was attempted to be taken, determines the potential penalties. If the merchandise is valued at $200.00 or less, it is considered a Disorderly Persons Offense, that can result in the following penalties:
a. fines and restitution;
b. 6 months in jail, community service, probation;
c. driver license suspension;
d. forfeiture of public office
e. possible effects on immigration status.

*Disorderly Persons Offenses are generally handled in the Municipal Court of the town in which the shoplifting occurred.

     If value of the merchandise taken, or which was attempted to be taken, is valued at $200.00 or more it is considered an Indictable Crime, and the more expensive the merchandise taken, or which was attempted to be taken, the more severe the possible penalties, either as a Second, Third Degree or Fourth Crime.
Fourth Degree - up to 18 mos. in jail
Third Degree - up to 5 years in jail
Second Degree - up to 10 years in jail

* Indictable Crimes are handled in the Superior Court of the county in which the shoplifting occurred.

**Even though a person always faces the possibility of jail for a shoplifting conviction, based upon the judge's discretion, unlike other offenses or crimes, a third conviction for shoplifting requires a mandatory jail term of 90 days in the county jail, and the judge must impose at least that amount. This means that no matter how long ago your previous two convictions were, you will be sentenced to jail for a third conviction.

AGGRAVATING CIRCUMSTANCES (DON'T TURN THIS SHOPLIFTING INTO A ROBBERY)

A simple Disorderly Persons shoplifting charge can easily become the Indictable Crime of Robbery (N.J.S.A. 2C:15-1), with a penalty of up to 10 years in jail, if the person attempting to take the merchandise even pushes or touches a store employee or security officer, while attempting to take the merchandise or leave the store.

OTHER PENALTIES (N.J.S.A. 2A:61C-1)

     In addition to the severe criminal penalties faced by a person charged with shoplifting, the law allows the merchant to seek a civil penalty as well, up to $150.00 and damage for loss of property up to $500.00, as well attorneys fees if the merchant has to sue to recover the above penalties. The parents of a juvenile convicted of shoplifting are responsible for payment of these penalties.

CAN YOU WIN A SHOPLIFTING CASE?

     The simple answer is YES. For first time offenders, a person may be eligible for a "Diversionary Program" such as a "Conditional Dismissal" in the Municipal Court, or entry in the "Pre-trial Intervention Program" in the Superior Court. Essentially, these programs are similar to probation, except your record will not reflect a conviction, if you compete the program, and you can answer "No" on any employment application that asks whether you were were convicted of a crime.

     In addition, even if you are not eligible for a "Diversionary Program" there are a variety of elements and proof that a prosecutor must prove beyond a reasonable doubt to win a conviction fro shoplifting. If they fail to prove any one element, you must be found not guilty. Further, there are numerous defenses an attorney can raise on your behalf to avoid a conviction, or to arrange a favorable plea agreement with the prosecutor. Due to the potential severe penalties a person faces, as a result of a shoplifting conviction, it's best for them the consult with an experienced attorney.

     I've handled hundreds of shoplifting cases throughout New Jersey. If you, someone you know or love has been charged with shoplifting, call my office for a free consultation, (856) 448-6200 , or Toll Free at (888) 641-3434

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Author

Randy C. Redden is a New Jersey attorney, who has been practicing criminal law for over 25 years and has successfully handled thousands of criminal cases, on behalf of clients facing drug, theft, shoplifting, assault and weapons charges.

He is licensed to practice in all State and Federal Courts of New Jersey, as well as the Supreme Court of the United States.

expungements, assault, theft, shoplifting, drugs, guns, weapons, possession, distribution, marijuana, cocaine, heroin, burglary, robbery, fraud,

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