Newark New Jersey Auto Theft ChargesPolice recently arrested a Newark New Jersey man who allegedly committed a series of auto thefts throughout NJ.

According to law enforcement, the 18-year-old suspect was captured while he drove a stolen motor vehicle on a street in Newark, New Jersey. The suspect allegedly stole the car from a home located on Philip Drive in Mendham Township, NJ.

Investigators were able to link the suspect to the motor vehicle theft after taking a look at surveillance video footage.

The suspect was eventually connected to several other auto thefts out of Fairfield, NJ. Police are still looking for at least two other people accused of having roles in the Fairfield auto thefts. Police also said that the suspect might be responsible for a number of other car thefts throughout the state, including Essex County, Bergen County, Morris County, Union County, and Passaic County.

If the suspect is convicted on the auto theft charges, he would face significant penalties. As set forth by N.J.S.A. 2C:20-3, a person who unlawfully takes an automobile with the intent to permanently deprive the owner of the car can be charged with a third degree felony. A conviction for third degree auto theft could result in a sentence of 3-5 years in NJ State Prison, in addition to the imposition of a heavy fine.

After being arrested and charged, the suspect was taken to the Essex County Correctional Facility in Newark, New Jersey. He was being held at the jail in lieu of $25,000 bail.

For further information about this case, check out the NJ.com article, “Suspect in Fairfield Car Theft Arrested, Other Thefts under Investigation.”

Newark Child Endangerment LawyersNewark NJ police recently arrested a local man who allegedly used an electrical cord to discipline his son.

According to the acting public safety director for Newark, the 48-year-old suspect abused his 13-year-old son at the family’s home, which is located on the 20 block of Norwood Street in Newark, New Jersey.

Employees at the boy’s school saw that he had significant injuries, so they got in touch with the boy’s mother. The victim’s mom then contacted the Newark Police Department, prompting police to investigate the incident.

Members of the Newark Police Department Special Victims Unit conducted an investigation and eventually determined that enough evidence existed to arrest the suspect. The suspect was subsequently charged with child endangerment and cruelty to a child.

If the suspect is ultimately convicted on the serious criminal charges, he would be subject to severe penalties. As set forth by N.J.S.A. 2C:24-4, anyone who causes harm to a child can be charged with endangering the welfare of a child. Additionally, the penalties imposed under the NJ criminal statute can be more severe when the offender is related to the victim.

After being placed under arrest, the suspect was remanded to the Essex County Correctional Facility in Newark, New Jersey. He was being held at the jail on a $35K bail amount.

The Newark Police Department is asking that anyone with information about crimes against children or anyone else in Newark NJ please call the Crime Stoppers tip line at 877-NWK-TIPS or 877-NWK-GUNS.

For further information about this case, view the NJ.com article, “Man Who Allegedly Disciplined Son with Cord Arrested in Newark.”

Newark NJ Restraining Order LawyersMany potential clients contact the Tormey Law Firm inquiring about their ability to file a restraining order against their neighbor. Unfortunately, that is not usually an option. To have standing to file a restraining order in New Jersey, you must be a victim of domestic violence under the Prevention of Domestic Violence Act. Basically, one of the following scenarios must apply to you in order to be eligible to file for a restraining order:

  • You and the defendant were involved in a dating relationship at some point.
  • You and the defendant resided together at some point.
  • You and the defendant have a child in common.

Thus, unless you were romantically involved with your next-door neighbor at some point, you probably will not be permitted to file a restraining order against them. On the other hand, if you are roommates and live in the same apartment, or even the same apartment building, then you may have standing to file for a restraining order.

However, regardless of whether you can file a restraining order, you may be able to file criminal charges against your next-door neighbor, if appropriate. Once the criminal charges are filed, you can ask the judge for a “no-contact order” as a condition of the defendant’s bail. This means that the defendant will not be able to contact you while the charges are pending. Then, if they are convicted and found guilty of the domestic violence charges, you can ask the judge for a permanent no-contact order as part of the defendant’s sentence. This is different from a restraining order but will have a similar effect.

Some of the criminal charges that could be appropriate to file against your neighbor, depending on the facts, include:

It is important that you consult with an experienced criminal attorney when determining whether to file criminal charges and, if so, what charges to file. Contact the Tormey Law Firm now for immediate assistance at 201-556-1570.

Montclair NJ Sexual Assault AttorneysA doctor from Montclair NJ allegedly sexually abused several patients at his office in Manhattan, New York.

According to officials, the 45-year-old suspect groped, and later ejaculated onto, a female patient he was treating at Mt. Sinai Hospital in NY. The 22-year-old patient had gone to the hospital’s emergency room so that she could be treated for shoulder pain.

When police officers talked to the suspect the next day, he allegedly said that his semen could have gotten onto the victim because he masturbated in the hospital lounge prior to treating her. The suspect told police that he forgot to wash his hands before talking to the patient.

Law enforcement has also said that the suspect drugged the victim by giving her an extra dose of highly powerful morphine before he sexually assaulted her.

In January, the victim came forward with the allegations of a sex offense by the doctor. Four other women later came forward to accuse the suspect of sexual assault.

The suspect, who lives in Montclair NJ and worked in New York, has been charged with multiple crimes, including two counts of sexual abuse and two counts of facilitating a sexual offense in NY. It’s still possible that the suspect could be subject to additional charges, depending on the outcome of the ongoing investigation.

While the suspect awaits trial in the case, he will not be able to practice medicine at Mt. Sinai Hospital anymore. That’s because hospital officials fired him shortly after criminal charges were filed.

For more information about this case, view the NJ.com article, “N.J. Doc Has Elaborate Excuse for How His Semen Got on Patient, Report Says.”

Newark New Jersey Handgun LawyersNewark New Jersey police recently arrested two local men who were allegedly in possession of firearms on city streets.

According to law enforcement, the Newark Police Department got a quality of life complaint at a public housing complex on Dayton Place in Newark, NJ. Detectives with the Newark Police Department Special Enforcement Bureau were on patrol in the area at the time, so they went to check on the complaint.

When the Newark cops arrived at the housing facility, they noticed several men congregating. As the police officers walked toward the group, one of the men allegedly tossed an item onto the pavement and tried to quickly leave the scene.

Police officers were able to stop the suspect after he walked a short distance. When police searched the area, they reportedly came across a handgun.

The suspect, a 41-year-old man from Newark, NJ, was arrested and charged with unlawful possession of a weapon.

The following day, Newark detectives were on patrol near Avon Avenue and Farley Avenue when they received a report of someone carrying a handgun. Police officers quickly found the suspect and allegedly saw him trying to adjust a gun that was concealed in his jacket.

When police officers searched the suspect, they allegedly discovered him with a handgun.

The suspect, a 30-year-old man from Newark NJ, was placed under arrested and charged with illegal possession of a handgun.

Newark Public Safety Director Anthony Ambrose later released a statement praising the arresting officers for taking decisive action to get “armed dangerous criminals” off the streets of Newark. Ambrose also said that Newark NJ detectives have already arrested 66 people for gun charges in 2016.

For more information about this case, read the NJ.com article, “2 More Gun Arrests in Newark Bring Total to 66 for the Year.”

Newark NJ Restraining Order AttorneysTo file a restraining order in New Jersey, you must go to your local police department or the Superior Court in the appropriate county. According to Rule 5:7A, the restraining order should be filed in the county in which either party resides, the county in which the alleged domestic violence incident took place, or the county in which the alleged victim is sheltered.

The first thing that must be determined when attempting to file a restraining order in NJ is whether or not you have standing to file as a victim under the Prevention of Domestic Violence Act. In order to be eligible to file a restraining order, one of the following must be true:

  • You and the defendant were in a dating relationship at some point.
  • You and the defendant resided together at some point.
  • You and the defendant have a child together.

If any of the above applies to your situation, then you are eligible to apply for a temporary restraining order (TRO). If not, you may not be eligible to do so. NOTE: You can’t file a restraining order against your neighbor, for example, unless you and your neighbor had previously been involved in a relationship. You may be able to file criminal charges, but a restraining order is not applicable in that case.

Now, once it is determined that you have standing to apply for a temporary restraining order (TRO), you must go to the court or the police department and file a domestic violence complaint and an application for a TRO. You will either appear before a judge for sworn testimony or you will sign a sworn statement that will be read to a judge telephonically to determine whether or not the temporary restraining order (TRO) will issue.

In the TRO application, you must allege the following:

If the judge grants the TRO, then the defendant is prohibited from having any contact with you. If they violate the TRO, then they will be arrested and charged with contempt. You can also enumerate specific people who they are prohibited from contacting, in addition to specific places that they are prohibited from attending. The prohibited places can include your workplace, school, and home. If there are children in common, then any visitation will also be addressed in the restraining order.

The final hearing will typically be scheduled within 10 days to determine whether a permanent restraining order will issue.

Newark New Jersey Assault AtttorneysNewark NJ police are looking into a shooting that resulted in a local man suffering significant injuries.

According to law enforcement, the shooting happened around 3:30 a.m. The Newark Police Department was contacted by the medical staff at University Hospital in Newark, NJ. The hospital workers said that they had treated a man suffering from non-life-threatening gunshot wounds.

Police officers went to the hospital and talked to the 21-year-old victim, who is from Newark, NJ. The victim reportedly told officers that he was shot as he walked near the intersection of Clinton Street and Jeliff Avenue in Newark NJ.

Newark detectives are actively investigating the shooting. At this time, investigators believe that the shooting was not random; the victim was likely targeted.

If Newark NJ police are eventually able to identify a suspect in the shooting, that person would likely be subject to criminal charges for aggravated assault or possibly attempted murder. As set forth by N.J.S.A. 2C:12-1(b), anyone who uses a deadly weapon like a handgun or a knife to commit an assault can be charged with a third degree crime. A conviction for third degree aggravated assault could result in a sentence of 3-5 years in NJ State Prison.

Newark police have asked for the public’s assistance with the investigation. Anyone who has information about the violent incident should reach out to investigators by calling 877-NWK-TIPS or 877-NWK-GUNS.

For further information about this case, view the NJ.com article, “Newark Man Shot Twice Early Sunday, Police Say.”

Newark New Jersey Domestic Violence AttorneysMany potential clients contact the Tormey Law Firm LLC asking if they have grounds to file a restraining order in New Jersey. Here are the basics:

To obtain a temporary restraining order (TRO) in NJ, you must show the following:

  1. That a predicate act of domestic violence has occurred: This can be assault, harassment, stalking, terroristic threats, etc. You can allege multiple acts of domestic violence, but you must be able to show at least one of the enumerated predicate acts of domestic violence in order to obtain a temporary restraining order.
  2. A prior history of domestic violence: Most restraining order cases also require a showing of a prior history of domestic violence over and above the predicate act of domestic violence (as discussed above). In certain cases, if the predicate act of domestic violence is particularly egregious, then no showing of a prior history of domestic violence will be necessary to obtain a restraining order.
  3. The victim needs the restraining order to protect them: You must be able to show the judge that you need the restraining order to protect your safety and well-being. This generally means showing that a reasonable person in your situation would be in fear of the defendant and would need the protection of the court system in order to feel safe.

If you can show all three of the above factors, then you have grounds to obtain a restraining order in New Jersey. However, you must also have standing to obtain a restraining order. Standing means that you are a protected party under the Prevention of Domestic Violence Act. To have standing to be able to file a restraining order in NJ, one of the following must apply to you:

  • You and the defendant were in a dating relationship at some point.
  • You and the defendant resided together at some point.
  • You and the defendant have a child together.

If any of those scenarios apply to you, then you may have standing to apply for a temporary restraining order (TRO). You can do so by going to your local police department or to the Superior Court in the county in which you reside.

For more information, contact the Tormey Law Firm directly at 201-556-1570.

Newark NJ Armed Robbery SuspectNewark NJ police are looking for a man accused of committing an armed robbery.

The theft went down around 3:00 a.m. The Newark Police Department got a report of a domestic violence incident at a local residence and immediately sent officers to the scene.

When police officers arrived at the house, located on 15th Avenue in Newark, they came across a number of people who said they had been threatened and robbed.

The victims talked to the officers and said that the suspect, a 25-year-old male who resides in Newark, robbed them at gunpoint. The suspect allegedly took cell phones from the victims and fired at least one gunshot before exiting the residence.

The suspect, believed to be the ex-boyfriend of one of the victims, allegedly got inside the home by entering through a window.

If and when police locate and apprehend the suspect, he will probably face several criminal charges, including armed robbery and aggravated assault.

A conviction for armed robbery could lead to significant penalties. As set forth by N.J.S.A. 2C:15-1, anyone who commits a theft while using a deadly weapon like a handgun or knife can be charged with a first degree felony. A conviction on first degree armed robbery charges could result in a sentence of 10-20 years in New Jersey State Prison.

Newark police have asked for the public’s assistance in finding the suspect. Anyone with information about the suspect should contact investigators through the Newark Police Crime Stoppers tip line at 877-NWK-TIPS or 877-NWK-GUNS.

For further information about this case, check out the NJ.com article, “Gunman Wanted in Domestic Violence Case, Newark Cops Say.”

Newark NJ Domestic Violence AttorneysHere is a basic roadmap of how a New Jersey restraining order case will proceed once a temporary restraining order (TRO) is filed. Once a TRO is obtained, the case will be scheduled for a final restraining order (FRO) hearing within 10 days. The case will be handled in the Family Division of the Superior Court in the county in which the TRO was granted. At the first hearing, the Judge will ask both parties if they wish to proceed that day or if they need a postponement. A postponement will usually be granted the first time so that either party can seek legal advice or if either party needs to gather evidence or line up witnesses for the trial. Because it is a civil case (and not criminal), neither party has a right to an attorney. An attorney is optional and can be obtained by hiring private counsel or, for an alleged victim, there are some legal groups that will provide free legal services to a plaintiff in need. Otherwise, the parties will represent themselves at the trial.

At the final hearing, the plaintiff goes first and has the burden of proof. Because it is a civil case (and not a criminal case), the standard of proof is “by a preponderance of evidence,” which basically means more likely than not. If the plaintiff can show the following three things by more than 50 percent of the weight of credible evidence, then the restraining order will be granted:

The trial is held before and decided by a Judge, not a jury. The plaintiff goes first and seeks to admit any and all evidence they want to show that a predicate act of domestic violence has occurred. If they allege harassment and stalking in the temporary restraining order (TRO), then they must prove harassment and stalking at the trial. Any alleged predicate acts of domestic violence that were not included in the restraining order cannot be alleged at trial. The defendant must have notice of the alleged acts of domestic violence prior to the trial. In addition, the plaintiff should include any prior history of domestic violence in the TRO and must prove those incidents at trial. Some of the evidence that can be used at trial to prove the case include:

  • Plaintiff’s testimony
  • Witness testimony
  • Photos of injuries, damage done, etc.
  • Text messages of threats, harassment, etc.
  • Voice messages of threats, harassment, etc.
  • Emails of threats, harassment, etc.
  • Prior police reports that have been filed
  • Any hospital or doctor records regarding injuries sustained

After the plaintiff has testified, admitted any evidence he or she wishes to admit, and called any additional witnesses they choose, the plaintiff rests. It is then the defendant’s turn to testify (if they choose), admit any rebuttal evidence they may have (including texts, emails, voicemails, etc.), and call any witnesses they choose. Once the defense rests, then the judge will decide whether or not a permanent (final) restraining order should issue.

If the judge determines that the plaintiff has met the burden of proof and established predicate act(s) of domestic violence and that a restraining order is necessary to protect the plaintiff, then a final restraining order (FRO) is issued. This FRO is permanent and never expires. The defendant is fingerprinted and placed in a statewide database for domestic violence offenders. The defendant can no longer have any contact with the plaintiff and any other individuals who are named in the FRO (i.e. the victim’s parents). The defendant may also be prohibited from the plaintiff’s home, place of employment, etc. All of these details will be spelled out in the final order. Additionally, the defendant will no longer be allowed to own firearms, and any firearms that were seized upon the issuance of the TRO will be forfeited. Moreover, if the defendant is not a US citizen, the issuance of the permanent restraining order could affect their immigration status, as well as their ability to enter and leave the country legally.

If the judge determines that the plaintiff failed to meet the burden of proof for the issuance of the final restraining order (FRO), then the case will be dismissed. If the TRO is dismissed, there are no longer any restrictions on the defendant and their ability to contact the plaintiff. In addition, any firearms that were seized based on the issuance of the TRO should be returned to the defendant by the county prosecutor’s office.

For more information, contact the Tormey Law Firm at 201-556-1570.