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Archives for October 2013

Understanding the Different Types of Internet Crimes

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The Internet has made life easier for just about everyone, including those who would use the World Wide Web to engage in illegal activities. With all the attention focused on “cybercrime,” it’s important to understand what types of activities authorities are monitoring, so that you don’t take actions that lead to your arrest for online crimes.

At the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, attorney at law, we have more than 25 years of experience handling a wide range of criminal matters, including online crimes. We offer a free phone consultation to every new client. Call us at 973-735-0232 or contact our office online for a private meeting.

The Most Common Cybercrimes

Perhaps the most prevalent online criminal violations involve what is commonly referred to as “identity theft.” Identity theft occurs when a person assumes the identity of another, customarily using personal information, such as Social Security number, credit card information or financial data, and obtains a personal/financial benefit from the unauthorized use of that information. There are several ways that someone can illegally obtain information, including:

  • Phishing, where an email message or a web page has encoded means of gathering passwords or other private information
  • Spoofing, where you are sent a fake email or directed to a fake website
  • The use of computer viruses

Another common criminal use of the Internet involves the creation of scams or fraudulent schemes. It can be as simple as offering bogus goods and services, offering nonexistent merchandise for sale. Frequently, fraudsters will offer you a substantial amount of money to be an “intermediary” in a financial transaction, typically involving an international transfer of funds. In many instances, they will even mail you a “cashier’s check,” which will turn out to be bogus, but only after they have taken funds from your account.

Authorities also commit a significant amount of time and resources to investigating instances of cyberstalking, particularly of minors. Cyberstalkers customarily adopt false personas and attempt to contact naïve or impressionable individuals through social networking websites. Cyberstalkers are frequently sexual predators, or fraudsters who prey on unsuspecting victims.

The possession, dissemination or sale of child pornography online is also the subject of serious and concerted efforts by law enforcement officials. Because the standard for determining pornography is fuzzy at best, and you can never be certain of the age of a model, it is best to never use email or other online sources to send or obtain images that have any prurient appeal.

Another way that unsuspecting individuals can run afoul of the law involves the unauthorized use of intellectual property, such as trademarks and copyrights. Both are protected by federal law, and the simple fact that something appears on the Internet does not mean that it is in the public domain. Don’t copy or use images unless you know who owns the intellectual property and have their permission. Don’t copy music, movies or pictures from less-than-reputable sources.

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We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or in detention to meet with you, if necessary. All major credit cards are accepted.

Protecting the Rights of Juvenile Defendants in New Jersey

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If your child has been arrested or detained by authorities, you may be uncertain about your first steps. What can your child expect to face moving through the juvenile justice system? What if the authorities want to put your child in juvenile detention? Will your child be able to come home from detention while his or her case is pending? What happens if your child is found guilty of a juvenile crime?

At the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, attorney at law, we have more than two decades of experience handling a wide range of criminal matters, including juvenile offenses. We offer a free phone consultation to every new client. Call us at 973-898-0161 or contact our office online for a private meeting.

The New Jersey Juvenile Defense System

When your child is charged with or arrested for a juvenile crime, there is a distinct possibility that he or she will be sent to the county juvenile detention center. Authorities at the detention center must then complete a risk assessment, which will determine whether your child can return home while charges are pending or must stay in juvenile detention. The authorities will look at specific factors, such as prior juvenile history, age of the child, the seriousness of the offense, your child’s ties to the community, and appearance/non-appearance at prior court proceedings.

Under New Jersey law, when a juvenile is arrested, a hearing with a family court judge must be occur within 24 hours. The judge will consider all factors and issue a ruling regarding whether your child may go home until the matter is resolved. In most instances, your child will not be at the hearing but will participate by phone or video from detention. However, a family member must appear at this hearing.

If the judge rules that your child must stay in detention, your child will still have an opportunity to meet personally with the judge in the days following the initial hearing. The judge may decide, based on the personal hearing, to release your child while the case is pending or may rule that he or she remain in detention.

When Your Child Is Found Guilty

If your child is convicted of a juvenile offense, he or she can face several potential outcomes:

  • A period of probation
  • Placement in a training or reformatory school
  • Deferred prosecution or disposition, where charges may be dismissed if your child meets terms stipulated by the judge
  • Participation in an intensive juvenile supervision program
  • Placement in a residential program

Contact Us

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or to detention to meet with you, if necessary. All major credit cards are accepted.

Jail Sentence for Careless Driving May Be Overturned

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Diana Palma unknowingly hit and pulled a pedestrian down a street in Red Bank, who had become stuck beneath her SUV. The pedestrian later died of injuries sustained during the incident. State v. Palma, 426 N.J. Super. 510 (2012).

Palma plead guilty to careless driving and was sentenced to fifteen days in jail. She also had her license was suspended for 90 days and was required to pay fines and other costs adding up to $241. She appealed her sentence handed down in municipal, specifically focusing on the jail term and the license suspension. The Superior Court in Monmouth County affirmed the municipal court’s decision.

However, the Appellate Division reversed. The Court found that the municipal court judge’s “findings included a detailed description of the accident, not grounded on defendant’s factual basis, but presumable gleaned from his own review of the discovery materials and the newspapers.” Id. at 515.

The judge found that at the time of the accident Palma was on her cell phone. This was inaccurate and not supported by any evidence in the case. In fact, it was confirmed that, at the time of the accident, Palma was not on her phone, not intoxicated, not asleep at the wheel, and not even speeding.

“Judges may only impose a license suspension or custodial sentence in careless driving cases that present aggravating circumstances.” Id. at 519. After determining whether or not there are aggravating circumstances the judge is required to balance the Moran factors.

The Moran factors “provide the foundation for judicial discretion in guiding whether to impose a license suspension.” Id. at 517-518. They include, in part:

“The nature and circumstances of the defendant’s conduct, including whether the conduct posed a high risk of danger to the public or caused physical harm or property damage; The defendant’s driving record, including defendant’s age and length of time as a license driver, and the number seriousness and frequency of prior infractions; Whether the defendant was infraction-free for a substantial period before the most recent violation or whether the nature and extent of the defendant’s driving record indicated that there is a substantial risk that he or she will commit another violation;Whether the character and attitude of the defendant indicate that he or she is likely or unlikely to commit another violation;” Id. at 518.

The Appellate Court sent the case back down to the Superior Court for sentencing to be decided in accordance with these factors.

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