Mischief Night in New Jersey: A Lawyer’s Guide to Criminal Mischief

Mischief Night in New Jersey: A Lawyer’s Guide to Criminal Mischief 

In New Jersey, the night before Halloween has come to be known as Mischief Night.  Traditionally, this evening has seen a rise of vandalism by eggs, shaving cream, toilet paper, rocks, and paintballs.  In some towns, matters have become so severe that the police have instituted “No Tolerance Policies” wherein they have increased police patrols, stopped groups of teens and preteens wandering the streets at night, and confiscated any item that they believe can be used to damage property.  Before engaging in any of these activities, remember there are serious consequences that can occur if you are found to be damaging or defacing another’s property.

Criminal mischief is defined under N.J.S.A. 2C:17-3 as purposely or knowingly damaging tangible property of another or damaging tangible property of another recklessly or negligently in the employment of fire, explosive or other dangerous means. Or purposely, knowingly or recklessly tampering with tangible property of another so as to endanger person or property…

The grading of criminal mischief depends on the amount of damage and the method of causing the damage.  For example, if $2,000 of damage or more occurs, criminal mischief is a crime of the 3^rd degree, between $500 and $2,000 is a 4^th degree crime, and less than $500 is a disorderly persons offense.  However, irrespective of the value, if the damage is done to a research facility, it is automatically a 3^rd degree crime. If the damage is done to  any sign (including street signs), signal, light, or airport it is a 4^th degree crime. If the damage is done to any grave, crypt, mausoleum or other site where human remains are stored it’s a crime of the 3^rd degree.

Under 2C:17-3c a person convicted of an offense of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to perform community service, which shall include removing the graffiti from the property, if appropriate.

Consider the following common scenario. Johnny is a 17 year old male who has never before been any kind of trouble.  He goes to school, likes music, and has a group of close friends.  This year there are no good parties worth going to, so Johnny and his friends decide it would be fun to toilet paper some schoolmates’ houses and cover their cars in shaving cream.  Armed with cans of Barbasol and Charmin Ultra, because it’s the softest, they take off on foot for the nearest cheerleader’s house.  While Johnny is halfway through slinging his third roll into the family oak, Kimberly’s parents see the ruckus and call the police.  Just as the group is finishing up and about the head out, the red and blue lights arrive at the scene.  Three of Johnny’s friends take off, and Johnny is left next to 6 empty cans of shaving cream and a dozen empty rolls of toilet paper.

Stage 1 Arrest:  Johnny is placed under arrest, searched, handcuffed, forced into the back of a police car, and taken to the police station.

Stage 2 Processed: Johnny is fingerprinted, photographed and forced to sit handcuffed to a bench for hours while the police process their paper work.  Because he is a juvenile (under 18) his parents are called to pick him up.  He is given a complaint and summons to appear in Superior Court Family Division.

Stage 3 First Appearance:  Johnny will have to check in with a Family Judge of the Superior Court. He will be required to apply for a public defender or hire a private attorney.  Because Johnny is underage he cannot represent himself.

Stage 4 Status Conference/Plea: With little in the way of defenses, Johnny will likely be taking a plea to criminal mischief.  At best, he can hope for a deferred disposition, meaning he will go on a period of probation and if he stays out of trouble his charges will be dismissed.  He likely will be sentenced to community service and have to pay for any damage done to the property.

So what’s the big picture?  Johnny and his friends wanted to celebrate Mischief Night and engage in what seemed like harmless fun with shaving cream and toilet paper at the house of someone they knew.  His friends split, leaving him to take the wrap the everyone’s activity.  Now he is part of the system and the courts have a file with his name on it.  He has exhausted his deferred disposition and probably will never been given another opportunity to avoid a conviction if he is arrested again.  He had to pay hundreds back to the property owner, thousands to his attorney, and 30 hours community service picking up garbage on the side of the road. 

Please keep Johnny in mind when you enjoy this Halloween.  Be safe and remember to respect others.

Roberts & Teeter, LLC

www.centralnjlawyers.com

License to Carry: Drake v. Filko - NJ’s Handgun Permit Law Upheld

License to Carry: Drake v. Filko - NJ’s Handgun Permit Law Upheld

Some U.S. citizens will tell you they walk around with a firearm on them at all times. In-fact, in states like Colorado, it is not uncommon to see people walking around grocery stores with a pistol on their hip. That’s not the case in New Jersey, a state with arguably the toughest gun laws in America. To some, the idea of people being armed at all times is scary. For others, the idea of carrying firearms on their person in public places means freedom. Either way, New Jersey’s gun laws have been both criticized by those who believe their Second Amendment rights are being violated and praised by others as a safeguard against gun violence. In February 2013, the Third Circuit upheld New Jersey’s Handgun Permit law in Drake v. Filko. This blog post examines the decision and how the court interprets “justifiable need.”

The issue presented before the Third Circuit was whether requiring a New Jersey citizen to show “justifiable need”, in order to obtain a license to carry a firearm, is constitutional. The Third Circuit ruled that NJ’s law requiring “justifiable need” is constitutional. Four NJ residents and two organizations known as the “Plaintiffs” argued that the Second Amendment secures a right to U.S. citizens to carry arms in public for the purposes of self-defense. In addition, they argued that the “justifiable need” standard of the Handgun Permit Law was an unconstitutional prior restraint.

According to NJ law, “justifiable need” is defined as “the urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant’s life that cannot be avoided by means other than by issuance of a permit to carry a handgun.” In addition to applying to the local chief of police for a license to carry, the application must also be presented to a Superior Court judge who must certify that the requirements have been met. In other words, it is extremely difficult to obtain a license to carry a firearm in the State of New Jersey.

The Third Circuit noted that the State of New Jersey had a significant, substantial, and important interest in protecting its citizens’ safety. They ruled that the the “justifiable need” requirement was reasonably fit to carry out the State’s goal.

This ruling does not mean that citizens’ are without help. NJ attorneys who are familiar with the process can argue on your behalf that you do in-fact have a “justifiable need” to carry a firearm on your person. For additional information, click here. If an application is denied, an NJ attorney can appeal the decision and fight for you in court. If you are interested in finding out how an attorney can help you obtain a license to purchase a firearm or obtain a license to carry, contact Roberts & Teeter, Attorneys at Law today. 732-325-0814. www.centralnjlawyers.com 

New Jersey Attorneys Can Help: The Gun Permit Process in NJ

New Jersey Attorneys Can Help: The Gun Permit Process in NJ

At times throughout the year, specifically in summer months, New Jersey citizens inquire about purchasing firearms. Whether it be sport shooting on the weekends, hunting throughout the season, or even protection for their home, New Jersey citizens have a true interest in gun ownership. When we discuss the process of applying for a firearm purchase permit with potential clients, the first thing we tell them is that it is truly not easy to obtain a Firearm Purchaser Identification card (FPID) or Handgun Purchase Permit (HPP) in New Jersey. We follow that statement by informing them that it is even harder to obtain a License to Carry a firearm on your person. Simply put, New Jersey has strict gun laws compared to other states around the country. 

Any New Jersey citizen wishing to purchase a pistol will need to apply for a Handgun Purchase Permit (HPP). You must be at least 21 years of age to apply for a HPP. Any New Jersey citizen wishing to purchase a long gun, rifle, or shotgun must apply for a Firearm Purchaser Identification card (FPID). You must be at least 18 years of age to apply for a FPID. It is important to note that the application must be filled out accurately and truthfully and multiple copies may need to be submitted. References are required and will be contacted. In addition, a medical health records search form will need to be submitted, which allows for a mental health background check to be conducted. The applicant will also need to photocopy their driver’s license and social security card, and will need to be fingerprinted, typically at outside location. It should be noted that any gun safety course documentation, gun training, or proof of experience can be considered in the application process. There is an application fee, fingerprinting fee, and $5 fee that applies for ever permit you are requesting. 

Once the application and documentation is submitted to the local police department, by law, the department is to notify the applicant within 30 days as to whether or not their application was approved. Although the law requires a response within 30 days, the time requirement is often ignored and the process can take months to complete. At times, citizens are denied permits to purchase by their local police departments because of an inaccurate application or because there was an issue of concern that surfaced in the mental health background check. That is why it is common for individuals to retain the assistance of an attorney to review the gun purchase application, medical health records, and issue a letter to accompany the application to the local police chief. Hiring an attorney before an application is submitted can be beneficial to those who are unsure of whether their application will be approved. Hiring an attorney is also beneficial because a New Jersey attorney will also be persistent in assuring the police department review the application and respond within the 30 days required by New Jersey law.

If you are a New Jersey resident and are interested in retaining an attorney to assist in obtaining a permit to purchase a firearm, contact Roberts & Teeter, LLC today. 732-325-0814

Reckless Driving, Careless Driving, Unsafe Driving, What’s The Difference?

Reckless Driving, Careless Driving, Unsafe Driving, What’s The Difference?

Everyday in New Jersey drivers are being ticketed for reckless driving, careless driving, and unsafe driving. You may have received a citation for one or more of the three, but do you know the difference? Reckless driving convictions carry the most severe penalties and fines, careless driving is less severe than reckless, and unsafe is the least severe in nature and penalty. It is common for police officers to issue one or more of these tickets in addition to speeding at high rates of speed, DWI/DUI, driving a vehicle off-road, improper lane changes, or any kind of open container or drugs in a vehicle. In short term, if you are doing anything with or within your vehicle that displays willful disregard for the safety of others or that endangers others, you will be cited for reckless, careless, or unsafe driving. Let’s look at the differences…

N.J.S.A. 39:4-96. Reckless Driving

A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving.

Reckless driving is a serious offense in New Jersey. If you are cited for reckless driving and ultimately convicted…

·      fines range from $50-$200

·      5 points will be issued against your driver’s license

·      jail time of no more than 60 days could be imposed (depending on the circumstances)

If convicted a second time, the imprisonment can increase to 3 months, and the fine can increase up to $500. It is important to remember that your New Jersey driver’s license will be suspended after accumulating 12 points, although the judge may use their discretion and suspend the license before 12 points are obtained. A reckless driving citation should not be taken lightly. As mentioned earlier, it is common for police to issue drivers suspected of drunk driving a citation for reckless driving as well.

N.J.S.A. 39:4-97. Careless Driving

A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.

If you are cited for careless driving and ultimately convicted…

·                         ·   fines range from $85 - $150 (depending on if the careless driving occurred in a safe corridor).

·                        ·    2 points will be issued against your driver’s license

If convicted of careless driving multiple times, it is possible for the judge or the State of New Jersey to suspend your license.

N.J.S.A. 39:4-97.2. Unsafe Driving

Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

If you are cited for careless driving and ultimately convicted…

·                        ·     fines range from $50-$150, plus there is a $250 surcharge (they hit drivers with the surcharge because there are no points being issued on the license)

·                         ·    no points issued against your driver’s license

A person convicted for the second time will be fined between $100 – $250, plus a surcharge fine. The surcharge increases if the driver is convicted of two or more unsafe driving violations within 5 years. If convicted a third time, a person will face fines between $200 – $500 and will receive 4 points on their driver’s license.

 

If you or someone you know is accused of reckless driving, careless driving, or unsafe driving visit our website at www.centralnjlawyers.com and call the attorneys at Roberts & Teeter today.  732-325-0814