Donnelly for the Defense

Preindictment (PIP) Court

2009-10-10T12:26:00.000-07:00

Preindictment (PIP ) Court in Monmouth County is designed to dispose of the less serious indictable cases such as Possession of CDS (drugs) ,shoplifting, thefts and others before they are presented to the grand jury. The court sessions are held every Thursday .

At the opening of court the Judge will say "This is not the Court for the inexperienced attorney. Only an experienced attorney can determine whether you are being the best offer from the prosecutor". A seasoned attorney is required because he must make an quick analysis of the police reports to determine what the lowest possible offer should be. For example if the police reports show in a drug possession case that there was an illegal unconstitutional search it is possible to negotiate a plea to a disorderly persons charge. But the lawyer has to know all the variables of illegal search and seizure law in order to persuade the prosecutor to lower the offer. In shoplifting cases it is possible to structure the plea to avoid mandatory sentences.

Finally your legal fees should be less. Some lawyers may try to charge you thousands of dollars merely because the case involves an indictable charge. But actually the fees should be lower because PIP court only involve two appearances: the plea and the sentence. And if your case is reduced to a disorderly persons charge you can be sentenced to a fine that day.

Mr. Donnelly has handled over 1600 cases in PIP court

Mr. Donnelly has handled over 1600 cases in PIP Court

DWI- Eating Before Drinking

2009-09-26T07:57:00.001-07:00

To avoid drunk driving and lower your blood alcohol content(BAC) eat before drinking.

When alcohol enters an empty stomach, about 20 percent of it will make its way directly through the stomach walls. The remaining 80- percent will pass through the base of the stomach and enter into the small intestine, from which it is readily absorbed into the blood. Because the body doesn't need to digest the alcohol before admitting it into the blood stream, the small intestine will be open to the alcohol as soon as it hits the stomach.

But if here is food in the stomach it will affect the absorption of alcohol.

Food has to be partially digested in the stomach before it can pass to the small intestine. when the brain senses that food is in the stomach, it commands a muscle at the base of the stomach to constrict, and cut off passage to the small intestine. The muscle is called the pylorus,or pyloric valve. As long as it remains constricted nothing will move out of the stomach and into the small intestine. If the alcohol is ins the stomach along with the food, the alcohol; will also be trapped behind the pylorus and some of the alcohol will begin to break down even before it ever gets into the blood. The overall effect is to significantly slow the absorption of alcohol into the blood.

Police Lineup Guidelines Challenged in New Jersey

2009-09-23T13:37:00.000-07:00

Sometimes in cases of robbery and sexual assault eyewitness identification is used to convict innocent defendants.

The Innocence Project , a legal center specializing in overturning wrongful convictions, tells us that two thirds of the 242 DNA exoneration of wrongful convictions since 1989 were based on flawed eyewitness identification. Trial lawyers know its the most dangerous testimony in a courtroom because jurors so readily rely upon it. Those 242 exonerated defendants were lucky enough to have DNA in their evidence jackets. There is no way to know how many others are in prison based on incorrect eyewitness identification but have no DNA to exonerate them.

To show the weakness of such testimony just watch a pro football game on Sunday. Last Sunday Mark Sanchez of the Jets hit his receiver in the corner of the end zone with a referee looking directly at the play from 6 feet away and he ruled it a touchdown. Instant replay caused a reversal because it showed the receiver only had one foot in bounds. This from a professionally trained eyewitness. There is no instant reply from a crime scene.

In New Jersey the eyewitness identification procedure was revised in 2001 to use sequential blind lineups. The former procedure allowed the police to to place the photos side by side to allow the witness to make comparisons.

Under the new procedure the whiteness is shown one picture at a time. The detectives who show the photos don't know who the suspect is which means they can't accidentally or intentionally tip off he witness.

Experts tell us that this procedure will help to lessen the chance of misidentification.

DUI - Alcotest Test Waiting Period

2009-09-19T09:19:00.000-07:00

The Supreme Court of New Jersey ruled in State v Chun that the operators of Alcotest 7110 must wait at least 20 minutes before collecting a sample from a person who has been arrested in order to avoid over estimating the reading due to the possible effects of residual alcohol in the mouth. The machine is programmed to prohibit operation of he device before the passage of 20 minutes from the time entered as the time of arrest.

In addition the operator must observe the test subject for twenty minutes prior to the time of the taking of the test to guarantee that no alcohol has entered the person's mouth while the person is waiting to be tested.

Also if the subject swallows anything or regurgitates or the operator notices chewing gum or tobacco or other foreign objects in the person's mouth, the operator must start the 20 minute period anew.

The person must be observed for 20 minutes. It is not enough that the person be arrested in the back of a police car

Car Searches -Never consent

2009-02-17T15:24:00.000-08:00

The police will often try to turn an ordinary traffic stop into a full blown search of your car based on mere suspicion. But unless there is a reasonable , articuable basis to believe that the occupants of the car have committed a crime or are about to, they have no basis to even ask for a consent to search you car.

"In other words, we are expanding the Johnson two part constitutional
standard and holding that unless there is a reasonable and articuable basis
beyond the initial valid motor vehicle stop, to continue the detention after
completion of the valid traffic stop, any further detention to effectuate a
consetn serch is unconsitutional. A suspicionless consent shall be deemed
unconstitutional...." State v Carty 332 N.J.Super.at 206

Monmouth County Criminal Defense Lawyer

Illegal Search and Seizure

2009-02-17T15:03:00.000-08:00

Police search of your car. Never consent to the police searching your car. In order to even ask if they can search your car the cops have to have "an articuable suspicion" that the search would reveal evidence of a crime. To get articuable suspicion the police will separate you from your passenger and ask where you were going and then ask you the same question. If they get different answers they will claim articuable suspicion. If you have been stopped for a simple traffic violation , where you were going or coming from is none of their business.

They might threaten that if you don't cooperate, they will get a warrant or bring in drug sniffing dogs. Tell them to get the warrant because to get one they will have to tell a judge what justifies the warrant. They are only allowed to hold you for a reasonable amount of time or it is a violation of your 4th Amendment rights.

Your criminal defense lawyer can prevent the use of evidence against which was seized in an unconsitutional search.

New Jersey Illegal Search Criminal Defense Lawyer

Marijuana Plants In New Jersey

2009-01-18T11:07:00.000-08:00

The Penalties for Growing Marijuana Plants In New Jersey Are Severe

Like many laws in New Jersey, the penalties for being caught for growing marihuana plants far exceed that needed to prevent possible harm that could occur to any victim as the result a violation of the law.

N. J. S. A 2 C: 35-5 defines the violations for Manufacturing or Distributing controlled dangerous substances (CDS)

Section (10) (a) provides that a person caught with 25 pounds or more, including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight is guilty of a crime of the first degree.

A crime of the first degree in New Jersey requires imprisonment for a period of between 10 and 20 years in prison, even if its your first offense.

Section (10 (b) provides that a person caught withwith 5 pounds, but less than 25 pounds, including any adulterants or dilutants, or with between 10 and 49 marijuna plants, regardless of weight, is gulty of a crime in the second degree.

A crime of the second degree requires imprisonment for a period of between 5 and 10 years, even if its your first offense.

Contact Monmouth County Criminal Defense Lawyer