Jersey DWI & Criminal Defense Law Blog : New Jersey Criminal Lawyer & Attorney : Thomas Martin Law Firm : DUI/DWI, Drug Possession, Felony : Freehold, Monmouth County, New Jersey

Pre Trial Intervention or P.T.I. is a program that allows certain defendants charged with crimes and/or felonies to be diverted into a special supervisory program ranging from one to three years in length. If they apply and are accepted by the criminal case manager and prosecutor, then they are admitted into the PTI program. Even if they are not accepted by the aforementioned parties, the defendant can still file an appeal with a Judge in order to try and be admitted into PTI. The great strength of PTI is that if a person successfully completes PTI, they will not have a criminal record. Six months after the completion of PTI, a person can file an application to have his or her record of arrest and entry into PTI expunged. Now more than ever, people are being permitted to apply to PTI.

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The Asbury Park Press has posted a video of the Millville Police Department arresting a woman  who was riding a bicycle. In the video, she was stopped for driving a bicycle on a sidewalk in violation of a town ordinance. After he appears to be questioning the woman a scuffle ensues and while the accused is on the ground, an officer is seen punching and kneeing this woman. She was subsequently charged with resisting arrest. N.J.S.A. 2C:29-1, et al. Please comment on what you think would be the appropriate treatment or handling of this officer. For a link of the video click here.

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HOWELL — A DWI task  force will perform a DWI checkpoint tonight to detect drivers under the influence of drugs and/or alcohol. The task force checkpoint will run from 11:00 p.m. today until 3:00 a.m. tomorrow on Route 9 South. The task force members along with Howell police officers will direct vehicles from the southbound lanes into the Regal Plaza parking lot to determine drivers' sobriety.
 

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FREEHOLD — Rosario Miraglia, aged 36, has maintained that he killed on orders from God continued his rantings today as Judge Paul Chaiet ordered him to prison for the rest of his life for the decapitation murders of his grandmother and ex-girlfriend in their Ocean Township home.

Prior to sentencing Miraglia to two consecutive life prison terms with no possibility for release on parole, Miraglia informed the judge that those were, in fact, not the people he had killed.

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FAIR HAVEN —  A DWI Task force from Monmouth County will perform a checkpoint beginning Friday evening in an attempt to detect drivers who are driving while intoxicated as the result of alcohol or drugs. The roadblock will run from 11:00 p.m. today until through 3:00 a.m. Saturday. Officers will be lloking to arrest individuals for N.J.S.A. 39:4-50 (DWI) along River Road. The task force officers and Fair Haven police will direct vehicles from the eastbound lanes of River Road into the Acme Markets parking lot to check drivers' sobriety.

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FREEHOLD TOWNSHIP: A resident of East Orange, age 24, was slashed in his elbow when he tried to act as a peace maker between a friend and another man, police said. The local police are still trying to sort out the facts of the incident as they continue their search for the assailant. The man was slashed around 11:00 p.m. this past Wednesday at the former Pathmark Shopping Center on Schanck Road, said a police spokesman.

 

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FREEHOLD - This week's question focuses on the early media attention surrounding an indictment against, Lorie Hentges, a nurse at Jersey Shore University Medical Center on murder charges in connection  with the death of a patient there. One only needs to read the comments to some of the on-line newspapers to see the backlash against Lorie Hentges. The comment posters have seemed to have forgotten that one of the greatest points of our justice system is that folks are innocent until proven guilty beyond a reasonable doubt.

The return of an indictment by a grand jury is not admissible evidence of any wrong doing and should not be construed as a finding of guilt against her. Lastly, a grand jury proceeding is a one-sided proceeding where the Prosecutor's present evidence and the accused is not allowed to have an attorney present inside the proceedings.
 

With this in mind, will the comments in  response to the early media attention, influence Ms. Hentges ability to receive an impartial jury at the time of trial?

By: Thomas H. Martin, Esq.

www.thomasmartinlaw.com

 

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FREEHOLD — A Monmouth County grand jury returned a true bill of indictment against,  Lorie Hentges, a nurse at Jersey Shore University Medical Center on murder charges in connection the death of a patient there. The indictment charges that the nurse injected Alvin Flamenbaum, 72, with "an unprescribed drug" while he was a patient in the Intensive Care Unit of the hospital. The patient died on April 14, 2007, prosecutors said.

 

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This week's question is in response to recent opinions by academics who believe the drinking age should be reduced from 21.  In response, law enforcement and various nonprofit groups in NJ have formed a coalition to support maintaining the current drinking age. Their opposition comes from the Amethyst Initiative, a new movement leaning on lawmakers to consider reducing the drinking age to 18. The idea has received support from the presidents of some of the nation's best-known universities. Under the current law, underage drinkers are subject to the penalties contained in N.J.S.A. 2C:33-15, which can result in fines and loss of driving privilege.

Please feel free to voice your opinions pro and con in our comments section.

Thomas H.Martin

www.thomasmartinlaw.com

 

 

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FREEHOLD — The highly paid, expert psychiatrist contracted by the State to attack the insanity defense of Rosario Russell Miraglia (the man accused of murdering his grandmother and ex-girlfriend in Ocean Township) actually testified in another case that nicotine is not an addictive substance. In his cross-examination of Dr. Timothy J. Michals, defense attorney Joseph Krakora elicited testimony that the state's expert in the prosecution of Miraglia earns $475 an hour and stands to earn up to $15,000 for his work on the case.

Defense attorney Krakora also established on cross-examination that the Dr. Michals once testified as a paid expert in a civil lawsuit against tobacco companies that nicotine is not addictive, despite numerous findings and studies which deemed it is.

What does this mean to the case? Well, the battle of the experts appears to have been won by the defense. It is possible that Dr. Michals may come across to the jury as unqualified in his opinion or willing to testify  for any side if he is adequately paid.  

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8/29/08 MANALAPAN: The County and Manalapan Police who compose the DWI task force will perform a checkpoint tonight to see if drivers are under the influence of alcohol and/or drugs. People who are arrested and charged with driving under the influence will be charged with N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50.4. Tonight's checkpoint will be from 11:00 p.m. until 3:00 a.m. Saturday on Route 9 South. Manalapan police officers will order vehicles from the southbound lanes into the Sun National Bank parking lot to determine drivers' sobriety.
 

By Thomas H. Martin, Esq.

www.thomasmartinlaw.com

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Freehold, NJ- This week's question arises from the Miraglia murder case in which Mr. Miraglia is accused of decapitating the heads of his ex-girlfriend and grandmother; as well as severing their feet. In the case, the defense is claiming that Mr. Miraglia was acting upon voices from God ordering him to do what he did. The Prosecution contains that this is a ruse and that Mr. Miraglia was sane at the time of the murders and thus guilty of the offenses.

Question:

 Will the jurors find Mr. Miraglia guilty in the double homicide and or murder trial in Monmouth County or deem that he was insane at the time of the murders?

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FREEHOLD- In the Miraglia Murder Case, the trial Judge ruled that the photographs of the deceased were deemed too graphic. In an effort to put the photographs in front ot the jury, the Monmouth County Prosecutor's Office "grayed out" a series of silhouettes that were superimposed onto the crime-scene photographs. The gray silhouettes, displayed in the photographs, were from the entry foyer to Julia Miraglia's home and an upstairs bedroom where Martinez lived . The silhouettes masked the torsos, heads, hands and feet of the two victims. The defendant is accused of murdering his grandmother in the foyer and his ex-girlfriend in the upstairs bedrooom. The defense continues to assert the insanity defense on behalf of the defendant.

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Asbury Park — Law Enforcement Officers who compose the DWi task force in Monmouth County will hold a checkpoint tonight to stop and arrest drivers under the influence of alcohol and/or drugs.

The time of the roadblock will be from 11:00 p.m. tonight through 3:00 a.m. on Saturday, August 2, 2008 along the southbound lanes of Main Street. The task force officers and Asbury Park police officers will stop cars, trucks and buses from aforementioned lanes into the Asbury Municipal Complex to ensure the driver's sobriety.

By. Thomas H. Martin

www.thomasmartinlaw.com

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Long Branch-NJ. In this week's "Court of Public Opinion" we ask the readers to comment on the unfortunate and tragic incident that resulted in the death of Nikki Leake and murder charges being filed against John Erving in Long Branch. This past Sunday, Jimmy Erving brought John Erving to the Long Branch police to address the murder of Nikki Leake. Jimmy's actions have generated a backdraft of criticism from friends and family.

Specifically, Jimmy stated, "I'm not saying it was easy, he's my brother, but what am I supposed to do?" ... "When Johnny came to me Sunday he knew he had to give himself up. He knew he had to go in. Basically he was scared to death. He needed somebody by his side to make him feel comfortable. I did what a brother does." Jim Erving, as set forth by the Asbury Park Press, said John stated he stabbed Leake after she had came at him with a knife after an argument over a six pack of beer.

Questions for Comments.

What would you have done if you were in Jim Erving's shoes?

Does Jim Erving deserve the backlash that he received for leading his brother to the police?

Will John Erving's trial attorney be successful in mounting a self-defense claim based upon the idea that Nikki Leake was the aggressor, in the event this matter is tried?

Thomas H. Martin, Esq.

www.thomasmartinlaw.com

 

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LAKEHURST, NJ: A resident of Toms River was arrested and charged with N.J.S.A. 2C:35-10 and N.J.S.A. 2C:36-2, which are possession of less than 50 grams of marijuana and possession of paraphernalia after being stopped for an equipment violation due to a broken tail light early Thursday morning along Route 70.

Police said the man was pulled over by Ptl. Jeffrey Emmons at 1:35 a.m. As the officer approached the car he smelled burnt marijuana. Under search and seizure law, if the tail light was broken, the cops had a reasonable and articulable suspicion to stop his vehicle for an equipment infraction. Thereafter, there was probable cause to search the vehicle under the "plain smell" doctrine. However, to truly determine if the search and finding of the marijuana was valid, one would have to view the police reports. If there is an issue with the legality of the search, the man can file a Notice of Motion to Suppress Evidence.


 

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Wall- Police officers arrested a Wall resident, age 32, on Tuesday for N.J.S.A. 2C:35-10, possession less than 50 grams of marijuana and N.J.S.A. 2C:36-2 drug paraphernalia. Police arrested the man at around 2:00 a.m. on Tuesday morning. The police allegedly were responding to a report of a suspicious person on or about 18th Avenue. The article was unclear as to how the police found the marijuana and paraphernalia. As set forth in the illegal search category of this blog, if the stop was not based upon a reasonable and articulable suspicion and there was no probable cause to search the individual or his property, the Wall resident could have the drugs and paraphernalia suppressed in court.  
 

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In a case that originally stemmed from the disordely person charges of resisting arrest  (N.J.S.A. 2C:29-2) and obstruction of justice (N.J.S.A 2C:29-1) filed against Jeremiah Healy; the Jersey City Mayor and his wife, Maureen, claim police brutality and violations of civil rights in a seven (7) count federal lawsuit filed against Bradley Beach and the borough's Police Department.

The lawsuit stems from a June 2006 altercation outside a borough bar in which Jeremiah Healy was arrested for disorderly conduct and resisting arrest. Healy was found guilty in June 2007 in Bradley Beach municipal court of resisting arrest and obstruction of justice, and fined $736. A Superior Court judge, Anthony Mellaci in Monmouth County upheld the verdict last September, prompting Healy to appeal to the appellate division.

The appeal of his conviction was argued this past month before the Appellate Division and a decison should be forthcoming.

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