High School Chaperones Cannot Be Prosecuted In New Jersey For Oversees Class Trip In Which It Was Alleged That They Engaged In Sexual Contact With Students.

Prepared as a Public Service by the Law Office of Vincent J. Sanzone, Jr., a New Jersey Criminal Defense Attorney.

In a recent New Jersey Supreme Court case, State v. Sumulikoski, the court held that alleged criminal activity conducted oversees on a class trip could not be prosecuted in New Jersey.  In this case both the trial court and appellate division held that N.J.S.A. 2C:1-3(a)(1) conferred such jurisdiction.  Reversing, the Supreme Court held that because all of the alleged actions occurred oversees the proper jurisdiction, if any, should be Germany, and not New Jersey.

It is strange how this case had to be correctly decided by the Supreme Court, both the trial court and appellate division were dead wrong in holding that N.J.S.A. 2C:1-3(a)(1) conferred jurisdiction to the New Jersey courts for a crime that allegedly had been committed in Germany.  This is especially troubling because Germany's criminal laws are dis-similar to the criminal laws of New Jersey?  For example, in Germany the age for consensual sexual contact is 14-years of age, while New Jersey it is 18-years of age.  Further, the nightmare for defense counsel trying to investigate the alleged crime scene, interview witnesses, or call witnesses to testify at trial would be impossible.  All of these procedural issues would of course deny the defendant a fair trial.

Justice Oliver Wendell Holmes once said that he did not do justice, he just did the law.  Isn't that the real problem with our legal system.  Often law and justice work at cross-purposes, one thing has nothing to do with the other.  Law without authentic justice is a game, charade or a tool for social injustice for the poor and marginalized. 

If you have been charged with a sexual crime in Essex, Union, Hudson, Somerset, Morris, Ocean, and Monmouth County you must consult an experienced criminal defense attorney.

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

Attorney and Counselor of Law for the Criminal Defense

277 North Broad Street

P.O. Box 261

Elizabeth, N.J. 07207

(908) 354-7006

CriminalDefenseNJ.com

Quote of the Day:  “For every wise owl you may expect a few cuckoos.” Rev. George William Rutler

The City of Elizabeth New Jersey and Criminal Law

Prepared as a Public Service by the Law Office of Vincent J. Sanzone, Jr., Esq.

The City of Elizabeth (Union County)New Jersey according to the 2012 census had a documented population of 126,458 people.  Because of the large population of undocumented and illegal residences the City of Elizabeth population is likely doubled that amount to a population of a quarter-million.

The city is the home of many immigrants from South and Central American countries including the largest being from Columbia.

The City of Elizabeth is has it share of street crimes ranging from homicides, drive-by-shootings, to petty thefts and burglaries. 

Because the City of Elizabeth is known for its high-end and glamorous Latin night clubs the City of Elizabeth attracts young Hispanic men and women from throughout the New Jersey and New York Metropolitan areas.

With this large influx of young party people brings also its share of crimes, which range from assault, date-rape, controlled dangerous substances charges (CDS), sexual assault, DWI, DUI, eluding, fighting, disturbing the peace, resisting arrest, hindering apprehension and other disorderly persons or felonies.

The police in the City of Elizabeth are also known for being aggressive and are known to not deescalate but escalate every encounter.  Further, unlike most major cities off-duty Elizabeth police officers moon-lite in the cities nightclubs, which cause additional problems when an argument ensues between a club bouncer and a patron.  In most cases if the bouncer starts to beat a patron, the off-duty officer will take the bouncers side or simple join in the beating.  Therefore, typically, in the City of Elizabeth, when a fight starts and the police are summoned, be prepared for a resisting arrest, or assault on an officer charge. 

If you have been caught-up in a party night in the City of Elizabeth which has lead to your arrest call the Law Office of Vincent J. Sanzone, Jr., it might be the best decision you make.

Law Office of Vincent J. Sanzone, Jr.
P.O. Box 261

277 North Broad Street

Elizabeth, N.J. 07207

Office:   (908) 354-7006

Cell:     (201) 240-5716 (24/7 emergencies)

Quote of the Day: “There is no crueler tyranny than that which is perpetuated under the shield of law in the name of justice.”  Charles De Montesquieu

Does anyone know that in New Jersey the Age of Consent for All Sexual Offenses Has Increased to 18-Years of Age?

This Legal Public Service Blog Service Blog as Been Provided by the Law Office of Vincent J. Sanzone, Jr., Esq., Elizabeth, N.J.

On August 14, 2013 Governor Chris Christie signed a new child pornography law which defines a child as anyone under 18-years of age.  Previous to this new law a child (minor) was defined as anyone under the age of 16-years.  Now withe the new law a minor is defined as anyone under 18-years of age.  Therefore, anyone having sexual contact with a person under 18-years of age, including all endangering crimes is guilty of a crime.

Not only has the age of consent been increased by two-years, anyone convicted of such offenses are subject to the “No Early Release Act”, and must serve 85% percent of their sentence before they are eligible for parole.  The new law can be found at http://www.njleg.state.nj.us/2012/Bills/PL13/136_.PDF

The new law provides some of the following changes:

• Mandatory minimum prison sentences for anyone convicted of distributing at least 25 images of child pornography, with a first-time offender serving at least five years, and subsequent offenders up to 10 years.
• No early release sentencing for anyone convicted of engaging a child in pornography, to wit, must serve t 85 percent of their prison term (No Early Release Act).
• Removes any ambiguity with current law that is any sharing child pornography via computer file-sharing or peer-to-peer software is considered distribution rather than possession.
• It is now a 1^st degree crime for non-parents and guardians to engage a child in pornography. It already applies in that way to parents.
• Strict liability for watching pornography in which the actor is less than 18-years of age, regardless of the watchers knowledge of his or her age.  If the actor in the movie is under 18-years of age, and you watch it, you are guilty of viewing child pornography, even if the actor looks 35-years of age.

Now under this new law any person under the age of 18 commits a crime for engaging in a sexual conduct with another person under the age of 18, and could be charged and adjudicated as a “delinquent” in family juvenile court, and be subject to Megan’s Law for life.  Of course there will be selective prosecution for these types of cases, but is this the type of laws that will eradicate the evils of child pornography?  I think not.

If you are charged with any type of sexual offense such as child pornography, sexual assault, rape, illegal sexual contact, child endangerment, lewdness, indecent exposure, you must immediately retain the legal services of an experienced criminal defense attorney.  New Jersey criminal defense attorney has represented many people charged with such offenses and has obtained favorable results in these types of cases included one case that was won by the New Jersey Supreme Court, State v. Franklin Jack Burr.

Law Office of Vincent J. Sanzone, Jr., Esq.                   Telephone: (908) 354-7006

Third Circuit Rules That Trooper Beating Case Goes To Jury

The Federal Third Circuit Court of Appeals, Justices, Trump-Barry and Fuentes, ruled on August 29, 2007, that District Court Chief Judge, Joseph E. Irenas, did not err in denying New Jersey State Police Officers, Parry, Brown, Fife, and Guliano, summary judgment, and that they must face and submit to a Camden County Federal Jury for a determination how much excessive force they used against Aundrey Green, and how much he is to be compensated, for the beating in which he suffered on the night of April 22, 2002 by Troopers, Parry, Fife, and Brown.

The case can be found at Green v. State Police, 2007 U.S. App. LEXIS 20693

Vincent J. Sanzone, Jr., Esq.
P.O. Box 261
277 North Broad Street
Elizabeth, N.J. 07207
(908) 354-7006
CriminalDefenseNJ.com
YourCivilRights@gmail.com

Shocked At Racist Comments

Shocked At Racist Comments

As a civil rights and criminal defense attorney I am currently involved in federal civil rights case in which I represent an African-American, Aundrey Green, who was brutally beaten by three New Jersey State Police Officers. During the beating Mr. Green was handcuffed and unarmed. Mr. Green was kicked and punched numerous times, and his head was split open by one of the troopers metal flashlights. Much of the beating, not all, was audio-video taped by the Motor Vehicle Recording tape, which was on the dashboard of the troopers’ vehicle. To expose this brutal beating and the officers involved, the MVR tape was posted on Youtube and can be seen with the following link, http://www.youtube.com/watch?v=Rul6AtlvxW0.

To date, there have been 32,000 view of the Youtube video and 301 comments to same. What is shocking to me, and has opened my mind to the racism against African-Americans, is some of the horrendous and shocking racist comments made against Mr. Green because of his race. When will this hatred come to an end?

Vincent J. Sanzone, Jr., Esq.
CriminalDefenseNJ.com
YourCivilRights@gmail.com