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HOW LONG DO THE POLICE HAVE TO CHARGE ME WITH A CRIME?

9/25/2016

In most cases, the police only have a limited amount of time to charge someone with a criminal offense. The length of the time, depends on the type of crime. The specific time period are called Statute of Limitations and, if the police/state do not bring charges within that time period, they are barred from ever bringing them. Below is a list of the Statute of Limitations for various Crimes in New Jersey.

No statute of limitations for: murder, manslaughter, sexual assault, terrorism, widespread injury or damage

Bribery of government official, official misconduct, other related offenses: 7 years

Other Indictable Crimes: 5 years

Disorderly offense or petty disorderly offense: 1 year

Criminal sexual contact or endangering welfare of a child with victim under 18: within 5 years after victim turns 18 or 2 years of discovery of offense by victim, whichever is later.

Note:
The Statute of Limitation does not apply when:

a prosecution against the accused for the same conduct is pending in the state (although a Speedy Trial Agrument may be made if the prosecution is taking too long to proceed)
when the person is fleeing from justice

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HOW SERIOUS ARE THE CHARGES AGAINST ME?

9/25/2016

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CLASSIFICATION OF CRIMES IN NEW JERSEY

In New Jersey, crimes are classified as either Crimes (indictable offenses),or disorderly person offenses, and petty disorderly person offenses. An indictable offense in New Jersey is the equivalent of a felony in other states, because the sentence for any indictable offense is at least one year in prison. Disorderly person offenses and petty disorderly person offenses are the equivalent of misdemeanors in other states.

Indictable crimes in New Jersey mean those that a Grand Jury must review and decide if there is enough evidence to support a charge for the crime alleged. Crimes are classified based upon their seriousness, with First Degree Crimes being the most serious (Murder, Manslaughter, Rape, etc...), and Fourth Degree Crimes being the least serious Crimes. Disorderly and Petty Disorderly Persons Offenses are not as serious as Crimes. Crimes are heard before the Superior Court, and Disorderly an Petty Disorderly Offenses are herd before the local Municipal Court. Disorderly and Petty Disorderly Offenses are typically cases such as shoplifting or theft, if the amount is below $200.00, Simple Assault, Trespass, Minor drug Offenses, etc...

Possible Punishment for Crimes

Under New Jersey law, the Degree of th Crime determines the possible sentence that may be imposed.

First Degree Crimes
Jail of between 10 and 20 years or between 20, 25 or 30 years and life for certain crimes, such as murder, as well as a fine up to $200,000.

Second Degree Crimes
Jail of between 5 and 10 years and a fine up to $150,000.

Third Degree Crimes
Jail of between 3 and 5 years and a fine up to $15,000.

Fourth Degree Crimes
Jail up to eighteen months in prison and a fine up to $10,000.

*in some cases these sentences can be extended

Disorderly and Petty Disorderly Offenses
Jail up to 6 months in the case of a disorderly persons offense or 30 days in the case of a petty disorderly persons offense, as well as fines.

A conviction for either a Crime or a Disorderly Persons Offense becomes part of your Criminal Record and can affect many aspects of your life, from employment and housing, to child custody and visitation and/or the possibility of DYFS being involved in your life.

If you're charged with an criminal offense, whether it's a Crime or Disorderly Persons Offense: 1. Seek at least a consultation with an experienced criminal attorney; 2. Do not speak with the police or give any statement - no matter what they say or promise - until you have spoken to an attorney.

All the Best
Randy C. Redden
(856) 448-6200

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POSSESSION OF DRUGS ON SCHOOL OR PUBLIC PROPERTY

9/13/2016

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WHERE YOU POSSESS DRUGS CAN INCREASE YOUR PRISON SENTENCE

Most people know that possessing large quantity of drugs, and/or drugs that are packaged for sale can result in a prison sentence. However, many people don't realize that even possession of smaller quantities of drugs can result in a substantial prison sentence, simply due to your location when you possess them.

In New Jersey, any person who violates subsection a. of N.J.S. 2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall, except as provided in N.J.S. 2C:35-12, be sentenced by the court to a term of imprisonment. A Third Degree Crime carries a prison sentence of at least 3 years and a fine of up to $150,000.00 may also be imposed upon any conviction for a violation of this section.. The sentence is reduced to a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or one year, whichever is greater, during which the defendant shall be ineligible for parole, if less than once ounce of marijuana is involved.

However, it isn't just schools, school property or buses where the penalties are enhanced. Any person who violates subsection a. of N.J.S. 2C :35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within 500 feet of the real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree, except that it is a crime of the third degree if the violation involved less than one ounce of marijuana. A Second Degree crime carries a prison term of between 5-10 years.

A Public housing facility means any dwelling, complex of dwellings, accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith, which is owned by or leased to a local housing authority in accordance with the Local Redevelopment and Housing Law, P.L. 1992, c.79 (C. 40A: 12A-1 et seq.) for the purpose of providing living accommodations to persons of low income.

Public park means a park, recreation facility or area or playground owned or controlled by a State, county or local government unit.

Public building means any publicly owned or leased library or museum.

Most towns have maps that show a 500' and 1,000' perimeters around school and public buildings, and these maps are used in prosecuting offenders under theses sections. It's no defense that the offender didn't know they were within the perimeter while possessing the drugs.

The problems most people encounter in these types of cases is:

1. without a copy of the town's map (and who really carries one), no one really knows if they are within the perimeters.

2. depending upon the circumstances, possessing even a small amount of drugs may still result in a prosecution for "distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog".

3. they don't even have to be real drugs. Anything that looks like a real drug (an analog), will still result in prosecution.

So, whats the moral of the story? Since it's hard to know when you are within one of those perimeters, don't posses drugs. If you do, don't possess them outside your home, and if you do that, make sure they are in such a small quantity (personal use) and not possessed in a way that would indicate you were trying to sell/distribute them.

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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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HOW LONG DO THE POLICE HAVE TO CHARGE ME WITH A CRIME?﻿

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POSSESSION OF DRUGS ON SCHOOL OR PUBLIC PROPERTY

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HOW LONG DO THE POLICE HAVE TO CHARGE ME WITH A CRIME?