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

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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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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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, 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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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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