Wednesday, May 27, 2015

SUMMER IS HERE AND THE U.S. PARK POLICE ARE IN FULL FORCE ENFORCING ALL THE RULES, REGULATIONS AND LAWS AT GATEWAY NATIONAL PARK, SANDY HOOK, (MONMOUTH COUNTY) NEW JERSEY



FOR DECADES NUDE SUNBATHING AT GUNNISON BEACH (THE NUDE BEACH) HAS BEEN TOLERATED BY FEDERAL AUTHORTIES THAT ADMINISTER THAT FEDERAL PUBLIC PARK.  BECAUSE THIS IS FEDERAL LAND, AND CRIMES, MISDERMENENORS, DISORDERLY PERSON’S OFFENSES AND TRAFFIC OFFENSES ARE PROSECUTED UNDER FEDERAL LAW, AND IF NO FEDERAL LAW EXISTS, NEW JERSEY LAW APPLIES.

HOWEVER, UNDER FEDERAL REGULATIONS, ALTHOUGH SANDY HOOK IS IN THE TERRERTORIAL JURISDICTION OF NEW JERSEY, AND THERE IS NO FEDERAL LEWDNESS STATUTE, PER SE, NEW YORK PENAL LAW APPLIES WHEN ENFORCING AND PROSECUTING ANY ALLEDGED LEWD BEHAVIOR ON THE BEACH.

SPECIFICALLY, SECTION 7.29 OF THE FEDERAL REGULATIONS ENTITLED GATEWAY NATIONAL RECREATION AREA STATES IN RELEVANT PART:

§ 7.29 Gateway National Recreation Area.

(c) Public lewdness. Section 245.00 of the New York Penal Code is hereby adopted and incorporated into the regulations of this part. Section 245.00 provides that:     

A person is guilty of public lewdness when he intentionally exposes the private and intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.


THE INHERENT PROBLEM WITH THIS LAW AS WRITTEN IS THAT “LEWD BEHAVIOR” CAN BE VERY SUBJECTIVE.  LEWD BEHAVIOR BY ONE OBSERVER MIGHT NOT BE LEWD BEHAVIOR TO ANOTHER.  ALTHOUGH CERTAIN BEHAVIOR COULD BE CONSIDERED CLEARLY LEWD, OTHER TYPES OF BEHAVIOR MIGHT NOT, BASED ON THE SUBJECTIVE NORMS OF THE ACTOR OR THE OBSERVER. 

IF YOU ARE CHARGED WITH COMMITTING A LEWD ACT AT SANDY HOOK BEACH AND BELIEVE THAT YOUR ACTIONS WERE NOT LEWD, IT IS STRONGLY RECOMMENDED THAT YOU SEEK LEGAL COUNSEL FROM AN EXPERIENCED NEW JERSEY (MONMOUTH COUNTY) CRIMINAL DEFENSE ATTORNEY.  THE LAW OFFICE OF VINCENT J. SANZONE, JR., ESQ., HAS EXTENSIVE EXPERIENCE IN SUCCESSFULLY DEFENDING PEOPLE ACCUSED OF SUCH CRIMES.  THE COLLATERAL CONSEQUENCES OF HAVING SUCH A CONVICTION ON YOUR RECORD COULD HAVE A SERIOUS IMPACT ON EMPLOYMENT OR YOUR PROFESSIONAL CAREER.  THEREFORE, IF YOU HAVE BEEN ARRESTED IN SANDY HOOK FOR LEWDNESS YOU NEED AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY, YOUR FUTURE MIGHT DEPEND ON YOUR CHOICE OF ATTORNEYS.
 
ATTORNEY VINCENT J. SANZONE, JR., ESQ.
277 NORTH BROAD STREET
ELIZABETH (UNION COUNTY) NEW JERSEY 07207
YOURCIVILRIGHTS@GMAIL.COM
(908) 354-7006

May 27, 2015

 

Tuesday, May 19, 2015

CHARGED WITH A CRIME OR DISORDERLY PERSON’S OFFENSE


Unfortunately, too often defendants will come to my office after waiting many months after being arrested seeking legal representation regarding their criminal case.  In many such cases the fact that they waited to seek experienced legal counsel will cause adverse consequences in defending their case.  Attorneys who have extensive criminal defense experience understand that pro-active investigation as soon as possible after an arrest can mean the difference between a dismissal-acquittal or a conviction.

Under the laws of New jersey essential evidence to defend a client will be lost or destroyed unless the attorney requests that the evidence be preserved.  Such evidence includes, but not limited to, surveillance video, mvr tapes (police motor vehicle recording tapes), 911 dispatcher tapes, and store video footage among other evidence.  In addition to this type of physical evidence there is the chance that there are unidentified witnesses  to the events or incident that will refute the facts that the police officers and their witnesses might have regarding the defendant.  It is common knowledge that with time witnesses disappear and/or their memories fade.  in order to find these witnesses it is the duty of the attorney and/or his investigator to find these witnesses since the police will not.

Most people are unaware that once an arrest is made the investigating police officers and/or detectives on the case will cease their investigation.  Any evidence that is helpful to the defendant will not be obtained or preserved by the police.  A defendant once arrested is on his or her own, unless of course, he or she is represented by an experienced union county lawyer, which might make all the difference in the world.

Know your rights and what you must do before it is to late.
 

Law office of vincent j. sanzone, jr., esq.
p.o. box 261
277 north broad street
Raymond building, 2nd floor
Elizabeth (union county) new jersey
(908) 354-7006

Quote of the day: “three things I cannot escape: the eye of god, the voice of conscience, the stroke of death.  In company, guard your tongue.  In your family, guard your temper.  When alone guard your thoughts.”  Venerable matt talbot

 

 

Friday, May 1, 2015

New Jersey Law More Protective than Federal Law and Prevents Police From Ordering Automobile Passengers Out of Motor Vehicle without Reasonable Suspicion




In the recent appellate division case, State v. Bacome the Appellate Division held that the removal of a passenger and driver from an automobile because of an alleged seat-belt violation was contrary to the New Jersey Constitution.  Under New Jersey law the police must point to specific and articulable facts warranting a heightened awareness to do so during a motor vehicle traffic violation stop.

In this case the police could not point to anything that lead them to believe that the passenger posed an danger to them when they testified that the passenger could have reached under the seat to retrieve a weapon.  The fact that the police believe that they had returned from Newark to purchase narcotics was also not sufficient to remove them from the vehicle.  Based on these facts and law, the CDS found in the automobile was suppressed, because the officers’ alleged plain view of the narcotics occurred after the defendants had exited the motor vehicle.

Law Office of Vincent J. Sanzone, Jr., Esq.

277 North Broad Street
Raymond Building
P.O. Box 261
Elizabeth (Union County), N.J. 07207
(908) 354-7006

Essex, Hudson and Union County criminal defense attorney, protecting the rights of the criminally accused for 25-years.  Practice devoted exclusively to criminal trial practice.