New Jersey County Prosecutors Denying People Access to the Drug Court Program.

According to the Federal Centers for Disease Control and Prevention, prescription medications (such as the pain killer, Oxycodone) more people die from the ingestion of these legal drugs than from heroin and cocaine combined.

The addiction rates in New Jersey for such pain killers as Oxycodone, as in other every other state has raised to an epidemic.  More people unable to obtain enough of the drug, because of the crack-down on physicians prescribing the medications, are resorting to obtaining the drug through the black market illegally.  The costs of one black market pill of Oxycodone can be has high as $30.00.  Because of this more and more users are committing crimes to afford enough of the narcotic to satisfy their addiction.  In some cases people are taking as much as twenty pills per day. 

The New Jersey Drug Court Program was initiated for just such people.  However, more and more county prosecutors in New Jersey are denying enter into the program for people addicted to Oxycodone because they have committed crimes such as robbery, thefts, burglary or strong armed robberies to fuel their addictions.  The prosecutors that are doing this fail to understand that but for the addiction these people would not have committed the crimes in the first place. 

In many cases the individuals addicted to these pain killers are men, many construction workers, who need the use of their physical bodies to perform their job and support themselves and their families.  Without the pain killers their pain is just too unbearable to work.  Others, were involved in serious accidents and live with serious depilating pain, and cannot get by the day without such medications. 

It is time that some of these short-sighted prosecutors with no compassion or understanding for the less fortunate understanding what is happening to these individuals addicted to these prescription drugs, and give them a second chance in the Drug Court Program.  A lawyer or any paper-pusher can perform his or her work even with physical pain from a injury, but try to bend, twist and lift for an eight-hour day doing physical labor and see how fast your perspective changes. 

Locking these individuals up for 10 or 15 years, which is not uncommon with many prosecutor plea offers, because they committed a crime(s), in pursuit of satisfying their addiction is not the answer, and does not serve the people of New Jersey.

Law Office of Vincent J. Sanzone, Jr.

P.O. Box 261

277 North Broad Street

Elizabeth (Union County) New Jersey 07207

Office Phone Number (908) 354-7706

Cell Phone Number   (201) 240-5716

CriminalDefenseNJ.com

YourCivilRights@gmail.com

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“If you want peace work for Justice.” Pope John Paul, I

Domestic Violence Testimony in Final Restraining Order Can Now Be Used for Impeachment in a Subsequent Criminal Trial

The Appellate Division in State v. Duprey ruled that a criminal defendant in a criminal case can use the testimony of the accuser in a domestic violence final restraining order trial to impeach the testimony of the accuser at the criminal trial. 

The Superior Court Appellate Division in Duprey recently ruled that the Sixth Amendment to the United States Constitution requires that every defendant has the right to impeach the accuser with his or her prior contradictory or inconsistent statements in any subsequent criminal trial, notwithstanding the language found in N.J.S.A. 2C:25-29(a).

However, this case does not appear to interfere with the defendant’s right to testify in his or her domestic violence restraining order trial, and fear that what he or she says would be used against him or her in a subsequent criminal trial.  In other words, testimony given by a defendant in a domestic violence trial can not be used against the testify defendant.

Therefore, it is recommended that transcripts be ordered of the accusers’ testimony even if the court denies the final restraining order because the testimony might be relevant in a future proceeding.

Defending someone against a domestic violence charge is a civil proceeding and not criminal.  However, many of the trial skills needed to defend such a client are similar to those used by experienced New Jersey criminal defense attorneys. 

Therefore, if you are served with a temporary restraining order and must appear in court for a final hearing you are urged to contact the Law Office of Vincent J. Sanzone, Jr., Esq.

A charge of domestic violence or violating a domestic violence restraining order (a criminal charge) in New Jersey is a serious matter and can have serious consequences with obtaining and keeping employment.

If you are charged with a domestic violence complaint you are urged to seek experienced competent legal advice from Attorney Vincent J. Sanzone, Jr., who has been representing and defending for 23 years individuals charged with these types of offenses.

Attorney Sanzone a Union County criminal defense attorney, has successfully represented hundreds of individuals charged with domestic violence in Union, Bergen, Essex, Hudson, Middlesex, Mercer, Ocean, Passaic, Monmouth and Somerset counties.

Law Office of Vincent J. Sanzone, Jr.

CriminalDefenseNJ.com

Elizabeth, N.J.

Tel. No. (908) 354-7006

Dated: October 1, 2012

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Inaccuracy in Criminal Background Checks and the Need To Expunge Records, and Monitor and Delete Damaging Information from Records.

Increasingly former clients and prospective clients have been informing me that they have been rejected from employment based on criminal background checks which are erroneous.  It appears that the companies that are in the business of doing criminal background checks on job applicants have no interest in reporting information to their customer/employers which are accurate.  Often the data submitted is old, outdated, or simply wrong. 

Some of the issues which I see with frequency are the following.  (1) an arrest which results in the charges being dismissed are reported as a conviction; (2) an erroneous report stating that the defendant was convicted of a more serious charge than the defendant plead guilty to; (3) arrests being reported, which did not result in a conviction; (4) conviction listed erroneously for a person that was never convicted of any offenses.

The damage done to job applicant victims of this type of flawed and unreliable information is devastating.

Because the federal government has failed to monitor these reporting agencies it is important that everyone obtain a fingerprint check with the New Jersey State Police.  This number can be found on the State Police Website.  The number is (877) 503-5981. https://www.bioapplicant.com/nj

Once the fingerprints are obtained they will be sent to the New Jersey State Police for a record of all arrests and convictions, if any.  Once that criminal history is obtained you can either move to expunge those arrests and convictions, if possible, or compare those records to what is on file with the criminal background reporting agencies.  Further, if you are denied employment because of a criminal record, you must demand that the employer that denies employment give you the name and address of the agency which they used, so that you can obtain a copy of the information that was sent to the employer that rejected your job application.  If the information was in error you can demand that it be checked and corrected, and if they refuse to do so, they can be sued civilly for deformation, and pursuant to the Fair Credit Reporting Act.  The law requires that criminal background agencies notify consumers when information is being sent to prospective employers.

However, often this is not done; therefore, the job applicant has no way of challenging the information that was supplied.

One such agency, HighRight Solutions was recently sued by the Federal Trade Commission for abuses, which includes the company’s failure to follow reasonable procedures to insure or help to prevent inaccurate information from being sent to employers.  Although HighRight paid a fine of 2.6 million dollars, other agencies continue to report obviously inaccurate information to employers, and being responsible for thousands of people from being employed.

If you are faced with some of these issues and being denied employment because of your past history, you are urged to seek the counsel of an experienced New Jersey Expungement Lawyer, the Law Office of Vincent J. Sanzone, Jr.

Lastly, at a minimum if you are a victim of such abuse by a criminal background check agency you must file a complaint with the FTC or the Consumer Financial Protection Bureau which both have jurisdiction over this issue.

This is a public service blog provided to the people from the Law Office of Vincent J. Sanzone, Jr., Esq.

CriminalDefenseNJ.com

September 11, 2012

277 North Broad Street

P.O. Box 261

Elizabeth, New Jersey

Telephone No. (908) 354-7006

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Defending Longshoremen, Checkers and Maintenance Union Members When Charged with an Infraction by the Waterfront Commission of New York Harbor.

The Waterfront Commission of New York Harbor is a bi-state agency (New Jersey and New York), which in the 1950’s was delegated the task, with full police and enforcement powers, to monitor and protect the shipping docks and piers of New Jersey and New York.  The agency mission was in essence to weed out corruption from the piers and to protect the dockworkers from exploitation, extortion, and other crimes and abuses, which was traditionally found to be prevalent against dockworkers working the piers of New Jersey and New York.

The majority of the shipping piers are located in New Jersey with piers and terminals in Bayonne, Jersey City, Port Newark, Port Elizabeth, and Perth Amboy, with the majority of the dock workers licensed by the Waterfront Commission working or residing in New Jersey. 

The Waterfront Commission is guided by specific rules, regulations and laws, which in many respects are unique to this agency.  Violators of the law can be prosecuted under federal law, or by the criminal statutes of New Jersey or New York, depending on the location of the offense, type of offense, or domicile of offending party.  All dockworkers employed at the New Jersey and New York piers must be licensed by the Waterfront Commission in order to be employed on the docks.  Any violation of the Waterfront laws will subject the offender to a suspension or termination of his or her Waterfront pass, thus, precluding the worker from stepping pass the gates of the pier once the license is suspended or revoked.  The loss of the Waterfront license can be temporary or permanent, depending on the character of the offender and the violation charged.

Any person in New Jersey who is charged with a 1^st, 2^nd or 3^rd degree criminal offense or felony in New York is subject to an automatic temporary revocation of his or her Waterfront pass at the Waterfront’s discretion.

If the charge is not amicably resolved between the licensee and agency, the matter is heard before an administrative law judge.  In the event that the longshoreman receives an adverse ruling he or she can appeal the decision to the Appellate Division of the Superior Court of New Jersey for all longshoreman living or working in New Jersey.

Therefore, it is essential that any longshoreman, checker of maintenance worker who has been charged by the Waterfront Commission with violating the Waterfront Act, immediately obtain the services of an experienced criminal defense and waterfront attorney, who is experienced in both the laws and procedures in defending a longshoreman, checkers of maintenance worker employed on the docks of New Jersey or New York.  For over 23 years the law office of Vincent J. Sanzone, Jr., has been defending dockworkers for matters before the Waterfront Commission for the piers of New Jersey and New York.

Vincent J. Sanzone, Jr., Esq.

Dated: April 7, 2012

277 North Broad Street

P.O. Box 261

Elizabeth, N.J. 07207

CriminalDefenseNJ.com

Tel. No. (908) 354-7006

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The Sanctimony of the Middlesex County Prosecutor’s Office in the Dharum Ravi Case.

The prosecution of Dharum Ravi for the alleged hate crime against Tyler Clementi was overreaching and in my opinion an abuse of the New Jersey hate crime statute.

The purpose of hate crime legislative enacted in almost every state of the union is to punish offenders who commit specific crimes against people because of their ethic, religious, racial, or sexual standing.  In other words if an offender attacks someone because of his or her hatred of particular group, that is a hate crime in New Jersey.  Further, under the New Jersey hate crime statute you are guilty of the crime based on the state of mind of the victim and not of the offender.  Hence, the mens rea or the state of mind of the defendant/offender is irrelevant. If the alleged victim believed that he or she was a victim of a hate crime that is sufficient under the law.

The fundamental question is whether the State under any circumstances should be punishing people for who they are?  Where is the line to be drawn between a prosecutor that punishes for thought, i.e., George Orwell’s classic 1984, and the offenders who actual commits a crime against a class of people because who they are?  The question arises should a burglar be prosecuted under a hate crime because he only burglarizes homes in “rich” neighborhoods, and hence commits a hate crime against the rich. The answer of course is no; but what would stop an overzealous prosecutor for doing such a thing, under these types of hate crime laws? 

In other words if you commit a crime while thinking a vile thought you commit a hate crime.  It has never been the law that people be prosecuted for their thoughts, but that is preciously what occurs with these hate crime prosecutions, when abused by the prosecutor.

This case is a perfect example in which the prosecuting authority over-charged a defendant.  Whether Mr. Ravi engaged in a college prank, did something stupid or was a jerk is not a hate crime.  The overcharging of Mr. Ravi with a hate crime against Mr. Clementi is typical of many prosecutors in New Jersey and is clearly the norm not the exception.  The overcharging of a defendant for a crime which was not committed is a common strategy in New Jersey to extract a guilty plea from the defendant, and forcing the defendant to either "take the plea" or risk doing serious time on the over-charged offense.  Further the prosecution of Mr. Ravi is a perfect example of how hate crime laws can be abused by juries, which happened in this case.

There is no doubt in this New Jersey criminal defense attorney's mind that Mr. Ravi will prevail on appeal and that New Jersey’s hate crime statute will eventually be held unconstitutional or stricken down by the courts on some other form procedural due process grounds by the New Jersey courses. 

Vincent J. Sanzone, Jr., Esq.

Dated: April 7, 2012

CriminalDefenseNJ.com

Tel. No. (908) 354-7006

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United States Supreme Court Decides Defendants Are Entitled to Correct Legal Advice in Deciding Whether to Accept or Reject Plea Offers.

The United States Supreme Court, (Missouri v. Frye, No. 10-444); (Lafler v. Cooper, No. 10-209) in a split decision decided that criminal defendants have the constitutional right under the Sixth Amendment to the United States Constitution to have effective assistance of counsel during plea negotiations.  The Court ruled that attorneys whom give bad legal advice to their clients during plea negotiations are ineffective and that the Courts are now required to take a more active role in plea negotiations.

The Court noted that nationally 94% of criminal defendants take a plea offer, and in federal court the number is 97% whom take pleas.  Accordingly, the Court noted in reality the criminal justice system is not a system of trial but of pleas, and accordingly, one of the most crucial stages in criminal procedure is not trials, but plea negotiations and the plea bargaining system.

In Frye, the defendant was offered a 90 day jail sentence by the prosecutor for operating his motor vehicle without a driver’s license.  Mr. Frye was not advised by his attorney of the plea offer, went to trial, was convicted and sentenced by the judge to three years in prison. 

In Cooper the facts are even more bizarre in that the defense attorney advised his client that because he shot his victim four times below the waist that he could not be convicted of attempted murder.  Because of the bad legal advice Mr. Cooper rejected the plea offer of between four and seven years and went to trial.  Convicted a trial for attempted murder Mr. Cooper was sentenced to 15 to 30 years.  The Supreme Court in Cooper held that the Mr. Cooper should be reoffered the plea that he was never advised about, and that if he accepts it, to be re-sentenced by the Judge.

Law Office of Vincent J. Sanzone, Jr. 

A New Jersey Criminal Defense Attorney who has 21 years of experience and skill to fight for your acquittal, and achieve your not guilty verdict.

CriminalDefenseNJ.com

Tel. No. (908) 354-7006

YourCivilRights@gmail.com

Dated: March 22, 2012

 

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The Crane Brothers Looking to Make another Easy Money Score Against the Catholic Church, on the Backs of the Faithful Catholics Who Support the Church.

Twin brothers Tom an Bill Crane are either two of the most unluckiest brothers, or consummate con-artists looking to make another easy money score against the Catholic Church claiming that they were sexually abused.

One payoff was not enough for the Crane brothers whom were part of a settlement of 5 million dollars divided by 12 different plaintiffs and their attorneys when the Crane brothers claimed that a Priest from St. Joseph’s Roman Catholic Church in Mendham New Jersey molested them.

Now remarkably these two brothers are now claiming that two other priests molested them when they were living with their Father, an administrator and teacher at the prestigious Delbarton Catholic pre-school in Morris Township.  Of all of the tens-of-thousands of young men who have been educated by the great Benedictine monks from Delbarton these two unlucky men were abused by not only monks at that school, but at their local parish.  These two brothers claimed that the abuse occurred over thirty-years ago, but told no one, including there Father who worked there as a teacher and administrator.

One would need the help of a quantum computer (not yet invented), to finger out the miniscule likelihood of such abuse to have occurred by three separate Priest, at two different locations, when these two brother were growing up, while not telling anyone.

It is time that the Catholic Church and its religious orders put an end to monetary payouts to these so-called, “abused” scam artists and fight them in court to expose their lies and incredible stories, such as the one concocted by the Crane brothers.  Otherwise there will be no end to these scam artists looking to the Church for a quick payoff on the backs of the millions of faithful Catholics who give their hard earned money every Sunday to the Church which they love and respect, and which has withstood the test of time and history for 2000 years.

"If you want Peace Work for Justice."  Pope John Paul, I

Law Office of Vincent J. Sanzone, Jr., Esq.
CriminalDefenseNJ.com
Tel. No. (908) 354-7006


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Dated: March 21, 2012