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16 Aug
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Posted by Mollo Law Firm
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From app.com, August 16, 2011
The bells and lights of the arcades, games of chance and amusement rides ring and flash in stark contrast to a silent beach and the blackness of the ocean on a moonless night.
It is a surreal effect on the Seaside Heights boardwalk as the witching hour arrives and passes.
The families have gone home. The dancers, drinkers and rock music fans are inside the bars.
The boards are surrendered to uber-casual — sometimes scantily clad — men and women in their 20s, posturing for attention. On a quiet night, even the officers on boardwalk duty appear relaxed.
But a scene like this has been shattered too many times.
It started as a summer of trouble for police in the Shore’s boardwalk towns, with fights, a stabbing and a homicide taking place during the big holiday weekends. There also have been incidents affecting quality of life that are not as high-profile, from drunken and disorderly behavior to disrobing and even defecating in public.
In response, the police presence has been increased on the boardwalk in Seaside Heights and Seaside Park, with a “tremendous” boost planned for Labor Day weekend, according to Seaside Heights Police Chief Thomas J. Boyd.
Point Pleasant Beach police are cracking down on disorderly conduct by using more visible foot patrols on weekends and on random nights during the week.
The populations in both communities soar each summer. Seaside Heights has about 3,000 full-time residents, but that number jumps to between 50,000 and 100,000 during the warm weather. Point Pleasant Beach has about 5,000 year-round residents, but that number increases to 50,000 or more in the summer.
As the summer populations have swelled this year, violence and other disturbances seemed to have escalated.
During the Memorial Day weekend, according to authorities, a Mercer County man was stabbed during a melee at Sheridan Avenue and the boardwalk in Seaside Heights. He survived the injuries. In an unrelated incident that same weekend, another Mercer County man was beaten to death in a Seaside Park parking lot.
Police in both municipalities had to break up large fights during the Fourth of July weekend.
Larry Madaras and Maggie Cullen have owned a summer home in Seaside Park for 16 years.
“I like living in Seaside Park,” said Madaras, 73. “I’m upset with what happened at the boardwalk, because it gives (the borough) a bad reputation, which I don’t think it really deserves.”
Madaras added that the stabbing on Memorial Day weekend was “pretty unusual.”
“Usually, Memorial Day, they’re arresting high school students for underage drinking,” he said. “I think gangs are starting to come down here a little bit. Before, they were always arresting people for drunken disorder, and that hasn’t changed. Stabbings, that’s a whole different ball game.”
The problem, according to Chief Boyd of Seaside Heights, is that because of budget cutbacks this year there were about 20 fewer officers from outside agencies providing backup during the Memorial Day and Fourth of July weekends, compared with previous years. There also were no K9 units, he said.
He added that since police presence on the boardwalk was increased by about 10 officers and two K9 units each weekend, following the July Fourth weekend fights, there have been fewer incidents — and visitors can expect to see many officers on the boardwalk during Labor Day weekend.
“We’ve been really good” in recent weeks, Boyd said. “When people see a lot of police presence, they tend not to drink as much.”
In Point Pleasant Beach, roughly 10 miles away, the Borough Council approved an emergency expenditure of $95,000 for police overtime through Labor Day weekend. Police have reported a higher-than-usual number of complaints about quality-of-life issues this summer, including public defecation and disrobing.
“It is putting a strain on the ability to provide the clean, safe environment that allowed the (tourism) industry to thrive in Point Pleasant Beach,’’ said the mayor of that town, Vince R. Barrella.
Ocean County Prosecutor Marlene Lynch Ford noted that many visitors to Seaside Heights on the July Fourth weekend did not, as has been customary, make the trip home the evening of July 4, a Monday, to be ready for work the next day. Thus, there were a considerable number of people on the boardwalk Monday night into the early morning hours of Tuesday, July 5.
That set the scene for fights that broke out of the July Fourth fireworks show resulting in 62 people being charged with disorderly conduct, normally heard in municipal court .
“It’s safe to say they were intent on just causing a disturbance,” Ford said of those arrested that weekend.
Strategy session
Ford said representatives of her office and other area police departments and agencies met, and that she was satisfied that authorities have a plan to respond to future disturbances.
Since the Fourth of July weekend, Boyd said, Seaside Heights police have beefed up patrols and the Ocean County Sheriff’s Department has been providing two patrol and drug-sniffing K9 units every Friday and Saturday night.
“Dogs are phenomenal crowd control,” he added, noting that one dog can be effective in policing a crowd of 50 to 60 people.
Ford said that county investigators will help local police patrol, and that numerous undercover officers will also be working.
During Labor Day weekend, the patrols will continue after midnight Monday.
That weekend, Boyd is expecting help from State Police bicycle patrols and K9 units, surrounding communities, the Prosecutor’s Office and the Sheriff’s Department.
Ford said members of the Ocean County Tactical Strike Force — the county’s SWAT team — will also be present, though not necessarily wearing full gear.
Rick Chiarello, 52, owner of a home in Seaside Park where he resides from April through October, said that violence in the area has been an issue.
“People come down here for the daytime and they don’t really care about this community,” Chiarello said. “The police departments, as in all municipalities, have been cut back drastically by the governor and the people in Trenton.”
The reductions have left the area’s police overwhelmed, Chiarello contended.
“Not true in our case at all,” said John A. Camera, the Seaside Heights borough administrator. “There has not been any cut to the funding of our Police Department or manpower due to the new laws passed.”
Chiarello said, “This violence that has erupted in Seaside Heights has gotten out of control. I think it’s the inner city gang mentality, the alcohol, the drugs, and it has poured into Seaside Park.”
Camera said he has not noticed an increase in gang presence. Rather, he said, the fights stem more from the anonymity a large crowd offers to those determined to cause trouble.
Despite the altercations, Camera said, attendance in Seaside Heights after the Fourth of July weekend has increased from last year, putting this summer on pace to be the borough’s best in 10 years.
Marilou Halvorsen, a spokeswoman for the Storino family that operates Casino Pier and Breakwater Beach water park in Seaside Heights, said they have not seen any problems on the property they operate.
Most of the problems on the boardwalk and surrounding area this year have occurred after their properties have closed for the night, she said.
Lewd behavior
Police in Point Pleasant Beach say that as the number of visitors at their beaches and boardwalks has increased in recent years. so has the number of complaints from residents.
Earlier this summer, officials had to add defecating in public to the list of prohibited offenses, so police could issue tickets to visitors who have been soiling residents’ lawns and landscaping, according to Police Chief Kevin R. O’Hara.
More people may be taking day trips to the Shore, the chief said, because they cannot afford airfare or hotel costs for more elaborate vacations. But in the process, he said, common courtesy is breaking down.
He said more visitors are parking in residential neighborhoods, even west of the railroad tracks. Some come to the beach early in the day, and then — either while sitting in their cars or standing outside them — get changed from their bathing suits and into shorts and shirts to visit the boardwalk and bars for the evening.
“It’s a total lack of respect for common decency and respecting where our residents live,” O’Hara said.
Police said there have been instances in which visitors were walking down the street, smoking marijuana.
A conservative estimate shows ordinance violations and criminal arrests are up by about 40 percent overall this summer, according to O’Hara.
Local police have come up with an action plan, dubbed “Operation Rice Krispies.” Under it, police use high-impact and visible foot patrols on targeted evenings.
Dave Cavagnaro, 63, who lives on Parkway in the borough, said he has seen people urinating and disrobing in public. Last year, he found a young man asleep in his backyard.
He said a local bar recently stopped hosting a Monday night event in which patrons were invited to dance on a stripper pole — an invitation that apparently led to a number of fights.
That event has been canceled, but “why did it ever start, in a family town and family boardwalk?” he asked.
Barrella, the Point Pleasant Beach mayor, said his homeowners are paying for the services used by tourists, adding that other communities are allowed to impose special taxes.
But Barrella said his community does not have that ability, and it does not receive nearly as much revenue as other Shore towns, because almost all of the beaches in the borough are privately owned.
“We’re 5,000 people supporting a $2 million tourism industry,” said Barrella, a lawyer who teaches taxation at Pace University in New York. “What I’m looking for is the people who burden the services to pick up their fair share — and to do that, I need Trenton’s permission.”
The Mollo Law Firm, criminal defense lawyers, has experience handling criminal offenses at the Jersey Shore and throughout New Jersey, including charges of theft, drug possession, DWI, assault, shoplifting and all other criminal and traffic matters. If you have any questions please contact our office at (732) 747-1844 or e-mail Al Mollo directly at amollo@mollolawfirm.com. You may also visit our website at www.mollolawfirm.com. Thank you.
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| Category: Criminal Law | Tag: assault, attorney, boardwalk, crime, criminal defense lawyer, Jersey Shore |
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18 Jul
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Posted by Mollo Law Firm
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NJ Shoplifting Offenses Explained
The New Jersey Shoplifting Law is contained at N.J.S.A. 2C:20-11. The grade of criminal offense that a shoplifting charge will trigger is contingent upon the value of the merchandise allegedly stolen.
About New Jersey Shoplifting
Shoplifting is type of theft crime that occurs when a person enters a store and steals goods with no intention of paying. In most cases, shoplifting is discovered once the person tries to exit the store and security or an alarm detector detects merchandise that has not been purchased.
Many people charged with New Jersey shoplifting crimes are good, productive citizens who made an unfortunate mistake. These people deserve a second chance. Additionally, not everyone accused of shoplifting is guilty. As such, it is imperative that you have an experienced New Jersey shoplifting attorney on your side.
[2C:20-11] Shoplifting
A. Definitions. The following definitions apply to this section:
(1) ”Shopping cart” means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store;
(2) ”Store or other retail mercantile establishment” means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;
03) ”Merchandise” means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof;
(4) ”Merchant” means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor;
(5) ”Person” means any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require;
(6) ”Conceal” means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation;
(7) ”Full retail value” means the merchant’s stated or advertised price of the merchandise;
(8) ”Premises of a store or retail mercantile establishment” means and includes but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment;
(9) ”Under-ring” means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise;
(10) “Antishoplifting or inventory control device countermeasure” means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device;
(11) “Organized retail theft enterprise” means any association of two or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise.
B. Shoplifting. Shoplifting shall consist of any one or more of the following acts:
(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.
(2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.
(3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.
(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.
(5) For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.
(6) For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.
C. Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more.
(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.
(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.
(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.
The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise.
Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.
D. Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.
E. A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody, may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person criminally or civilly liable in any manner or to any extent whatsoever.
Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.
A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause for believing that the person arrested committed the offense of shoplifting.
F. Any person who possesses or uses any antishoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense.]
Defending New Jersey Shoplifting Charges
Fighting New Jersey shoplifting cases can be challenging. These cases often involve strong evidence, such as video surveillance, that places the defendant at the scene. There may also be witnesses, including store employees or security personnel, who may testify at the time of trial. Finally, the merchandise itself may be used as evidence if it was found on the defendant’s body or in their vehicle.
An experienced New Jersey shoplifting attorney can evaluate all of the evidence and develop case strategy, even if it seems as though there is a slim chance of avoiding a conviction. For instance, your attorney can challenge witness testimony, the constitutionality of the search and how the evidence was processed by law enforcement. An experienced shoplifting lawyer will examine the store video, interview witnesses and conduct an independent investigation. An experienced shoplifting attorney will demand proof of every retail charge and ensure that police followed all rules when conducting their investigation.
Fines & Monetary Penalties
The penalties for New Jersey shoplifting charges are potentially devastating.
Fines:
| Second Degree Shoplifting: | Fine of up to $150,000 | |
| Third Degree Shoplifting: | Fine of up to $15,000 | |
| Fourth Degree Shoplifting: | Fine of up to $10,000 | |
| Disorderly Persons Shoplifting: | Fine of up to $1,000 |
Jail:
| Second Degree Shoplifting: | Up to 10 Years in Jail | |
| Third Degree Shoplifting: | Up to 5 Years in Jail | |
| Fourth Degree Shoplifting: | Up to 18 Months in Jail | |
| Disorderly Persons Shoplifting: | Up to 6 Months in Jail |
* Anyone convicted of three or more Shoplifting offenses must serve 90 days in jail.
Community Service:
| First Offense Shoplifting: | 10 Days Community Service | |
| Second Offense Shoplifting: | 15 Days Community Service | |
| Third Offense Shoplifting: | 25 Days Community Service |
New Jersey Shoplifting Penalties:
| Crime | Degree | Penalty |
| Shoplifting merchandise with a total combined value less than $200.00 | Disorderly persons shoplifting | Up to six months of jail time and/or a fine up to $1,000.00 |
| Shoplifting merchandise with a total combined value of $200-$500 | Crime of the fourth degree | Up to 18 months of jail time and/or a fine of up to $10,000 |
| Shoplifting merchandise with a total combined value of $500-$75,0000 | Crime of the third degree | Between 3-5 years of jail time and/or a fine up to $15,000 |
| Shoplifting merchandise with a total combined value of $75,000 or greater | Crime of the second degree | Between 5-10 years of jail time and/or a fine up to $150,000 |
New Jersey Shoplifting Civil Penalty Law
New Jersey law permits victims of shoplifting to impose civil penalties on shoplifters. The law allows a civil penalty up to $150.00 and recovery up to $500.
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15 Jul
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Posted by Mollo Law Firm
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A case of suspected homicide: A woman is missing. Her husband’s alibi for the time his wife disappeared can’t be corroborated. He admits having a girlfriend. A neighbor calls police to report recent digging in the backyard. When police arrive, the husband is packed and ready to go.
Do police have probable cause to arrest him or to obtain a warrant to search the home?
Probable cause is a reasonable belief, based on facts, that evidence of a particular crime will be found in a particular place to be searched, or that a particular person is responsible for a particular crime — in this case, homicide. “Mere suspicion” is not enough.
The husband’s behavior is merely suspicious. That his alibi can’t be confirmed and that he is involved with another woman do not establish reasonable factual grounds to believe that a crime has been committed, or to link him to it. But the third factor — the backyard digging — is sufficient grounds to get a warrant to search the yard. When the yard is dug up and the missing woman’s body or clothing is found, the hole is evidence of a crime, linked to the husband, and establishes probable cause for his arrest.
If — before the yard was excavated — the neighbor claimed that the day the wife disappeared, she saw the husband carrying a shovel to the backyard, visibility was good, and she sees reasonably well, then the facts show: 1) evidence linking the digging to a crime, and 2) evidence linking the husband to the digging and the crime. Probable cause to search and to arrest would exist even before the yard was excavated. If she’d seen him struggle with the weight of a large bundle or her dog dragged home a scarf belonging to the victim, the showing of probable cause would be even stronger.
The case of the suspected drug dealer: Police go to Bateman’s apartment to question him about a suspected drug deal. When the door opens, they see Bateman drop a marijuana pipe. While standing with him in the doorway, officers see other drug paraphernalia in the living room. An officer detects a strong odor of smoke. Officers ask if anyone else is in the apartment; Bateman says he doesn’t think so. Officers then hear a voice in the kitchen. An officer walks into the kitchen, finds it covered in smoke and soot, and sees a man he recognizes as a convicted drug dealer with an outstanding arrest warrant. After officers enter the apartment, they see a tobacco tin filled with what appears to be marijuana on the living room table.
Do officers have probable cause for a warrant to search the apartment for drugs? Yes. They saw a pipe and other paraphernalia. They smelled, then saw, evidence of cooking but no food, with a known drug dealer in the kitchen. These facts establish a reasonable belief that evidence of drug dealing will be found in the apartment.
Do officers have probable cause to arrest Bateman on the spot? Yes, for possession of marijuana. If possession of drug paraphernalia is illegal in that state, he can be arrested on that charge as well.
A search warrant was obtained and a meth lab found in a closet off the kitchen. Only then did officers have probable cause to arrest Batement for illegal manufacture of drugs.
(Facts adapted from State v. Bateman, 2004 MT 281, 323 Mont. 280, 99 P.3d 656.)
| Category: Law FAQ's | Tag: based on facts, crime, defendants rights, evidence, particular crime, probable cause, reasonable belief |
