Blog | Gregg A. Wisotsky, Esq.

Bite Mark Analysis Lacks Scientific Validation but Holds Up in Court

June 4, 2022 by Gregg Wisotsky, Esq. Leave a Comment

Bite Mark Evidence Is Unreliable but Legally Accepted

Bite mark analysis is a practice that has never received official scientific validation. One-quarter of the exonerations that have taken place from 1989 onward involved wrongful convictions that were made on the basis of deceptive forensic evidence that often turned out to be false – and bite marks are a prime example.

When Experts Can’t Agree

In a report published in 2009, the National Academy of Sciences went into detail about the issue of unreliability in numerous forensic techniques that are still commonly used in criminal cases. The organization found that the false results collected by these practices were significant, including bite mark evidence.

The most troubling moment came for the ABFO’s (American Board of Forensic Odontology) former president, Dr. Adam Freeman, along with Dr. Iain Pretty. These two were unsettled by the rise in false data collected from bite mark analysis, so they worked together in an attempt to prove the validity of their field.

But in the study they conducted, experts could rarely even agree on what was a bite mark and what wasn’t. These were dentists who were certified by the ABFO, and the experts were being asked the most basic questions and failing miserably at it.

It was enough to cause Dr. Freeman to decide to end his work in bite mark analysis. And he has been followed by other experts, leading an exodus from forensic dentistry, including his colleague Dr. Pretty as well as Dr. Cynthia Brzozowski and many more. These experts now find it to be an unreliable discipline that they can no longer carry out with good conscience.

According to the Innocence Project, there have been 26 cases of wrongful conviction that were attained through the use of bite mark evidence. This is almost certainly only the tip of the iceberg, though, since more evidence may still be called into question while other evidence has already been lost.

There are countless cases of experts putting too much weight into bite mark analysis, even when it contradicts other evidence in the case. One that Morristown criminal defense lawyers often see involves using overly definitive language to describe the alleged actions of the perpetrator.

What’s Wrong With Bite Marks?

The arrangement of teeth in a person’s mouth is called human detention. This isn’t necessarily like a fingerprint in that it’s different for every person. A person’s bite has not been scientifically proven to be unique.

But there is a bigger problem when identifying criminals from bite marks found on a body: the medium in which the impression is being made. Human skin usually does a poor job of leaving a lasting, accurate representation of a person’s bite. Even if the same individual left bite marks on two different victims, it may be hard to identify commonalities between the impressions made.

When a bite mark is found on a body, the skin isn’t actually indented. Forensic scientists examine the bruises that remain from where the bite occurred. A bruise is a diffuse area of blood beneath the skin, and this doesn’t necessarily give an exact approximation of the oral detention of the biter. And people bruise differently, some more easily than others.

Adding another factor of unreliability, each person’s skin has a different level of elasticity that depends on a variety of factors like the individual’s body mass index, age, and diet. And depending on how a person was moving at the time, the amount of tension in the skin may be called into question and create another variable affecting the way an individual’s bite marks may appear in forensic analysis.

Why Is Evidence From Bite Mark Analysis Still Admissible in Court?

This comes down to the pace at which laws can be changed versus scientific discovery, which operates on its own schedule. Because court decisions heavily rely on precedent, looking back on the past decisions in other courts, laws cannot be changed very quickly. This is intended as a way to protect the public from sudden and drastic law rewriting based on current political trends. But a new discovery can change the way we look at a type of forensic evidence in an instant, which creates a disconnect between the laws in place and the scientific consensus.

Call Gregg Wisotsky, Esq. today at 973-898-0161. He’s a Morristown criminal defense lawyer who has been a trial lawyer for decades, and he may be able to offer new insight into your New Jersey case.

What You Need to Know About Miranda Rights

May 8, 2022 by Gregg Wisotsky, Esq. Leave a Comment

Miranda Rights: What Are They and How Do They Work?

Since 1966, Miranda rights have been one of the most essential parts of a police arrest. These rights help you decide how you want to respond to a police interrogation. Understanding how a Miranda warning works can help you make smart decisions in the unfortunate event of your arrest.

What Are Miranda Rights?

Miranda rights are a common police practice that gets its name from the Supreme Court case Miranda v. Arizona. This case involved a man who voluntarily confessed to a crime yet later wanted to recant his confession after learning about his Fifth Amendment right to remain silent. The Supreme Court ruled that anyone in police custody has to be made aware of their Fifth Amendment rights prior to police interrogation.

To ensure that these rights are met, police now are supposed to give any arrested person a Miranda warning. This is an official statement that lists all your rights while in police custody. The exact statement can vary a little depending on which state you are in. Different regions have slightly different lists of rights that people have to learn about. The basic Miranda warning informs you that:

You have the right to remain silent and refuse to respond to questions
Anything you say, whether in response to a question or not, can be used against you in a court of law
You have the right to talk to a lawyer before any discussion with the police
You can choose to have your attorney present during questioning
If you can’t afford a lawyer, the government is required to appoint one for you before any questioning if you would like a lawyer
If you choose to talk without consulting a lawyer, you have the right to stop talking and request an attorney at any point during your interrogation

Do You Have to Acknowledge a Miranda Warning?

A Miranda warning is not valid simply because the officer states a list of rights somewhere within your vicinity. It only goes into effect once you acknowledge that you heard and understood the warning. This is why many states will require officers to ask, “do you understand these rights?” after providing the basic Miranda warning.

Keep in mind that it is possible to acknowledge a Miranda warning without saying “yes” to the officer’s question. The Supreme Court has ruled that suspects who purposefully refuse to sign something acknowledging their Miranda rights are still recognizing that they received the warning and are voluntarily waiving their rights. The only way to avoid acknowledging a Miranda warning is to either not respond or say you do not understand.

When Do Miranda Rights Apply?

Miranda rights might sound fairly broad, but they are only relevant in a few specific situations. A Miranda warning is required if you are in police custody and under interrogation. Any remarks you make outside of those situations do not require one.

Typically, a Miranda warning is administered at an arrest. Officers are only required to give a warning when they are restricting your freedom. This means that an officer doesn’t have to give you a Miranda warning before walking up to you on the street and asking you a question. A Miranda warning is also only required for the police interrogation itself. You are still required to answer basic questions about your identity when you are booked, but you are not required to answer questions related to the crime in any way.

Keep in mind that a Miranda warning can be invalidated if a police officer uses intimidation in their interrogation. Even if you acknowledged your rights and chose to talk to the police, things you say might be thrown out of court if the officer used intimidation to obtain them. In addition to physical violence, intimidation can include things like denying a suspect sleep, food, or medical care. It can also include threatening violence or using psychological tactics like putting someone under a bright light for hours.

What Happens If the Officer Doesn’t Provide Your Miranda Warning?

Why are Miranda warnings so important? Your Morristown criminal defense lawyer will talk to you about them because they affect the evidence the police collect. A Miranda warning is meant to inform a suspect of their rights and give them the option of talking to a criminal defense attorney or remaining silent while the police ask about their potential involvement in a crime.

Any information you give after the police failed to provide a Miranda warning at the appropriate time may be invalid. Though the police will have a record of it, they cannot present this record in court. The prosecutor cannot bring it up, and the jury is not allowed to know about the evidence while making their decision. This rule applies to things that you say. So if you admit to the crime without knowing your Miranda rights, your confession would be thrown out. Furthermore, if you admitted something potentially incriminating, like hating a person who was murdered, the prosecutors at your criminal trial could not bring up what you said in court.

However, a lack of a Miranda warning will not invalidate tangible evidence the police acquire due to their illegal questioning. For example, if you told the police you had an illegally purchased gun under your bed, they would be able to go get this gun and then use the gun as evidence even though the prosecutors could not mention that you were the one who told them about the gun. Likewise, the prosecution could still call witnesses against you if they learned about the existence of the witness during an illegal interrogation.

How to Use Miranda Rights to Protect Yourself?

If you are arrested, it is a good idea to take the advice of a Miranda warning and remain silent until your lawyer arrives. Utilizing your rights can help you avoid accidentally incriminating yourself. It is impossible to know what angle the police are taking until they charge you, so even if you do not think you are a suspect, talking to the police may be unwise. Taking the time to talk to a Morristown criminal defense lawyer before discussing anything with the police can help you avoid saying things that incriminate you in a crime.

Even if you did not choose to remain silent until speaking with an attorney, Miranda rights can still be helpful. In some cases where you weren’t told about your rights, your lawyer may be able to invalidate any incriminating confession you made. Keep in mind that Miranda rights are not a “get out of jail free” card, though. The police can still use the evidence they obtained due to their illegal questioning. This is why it is so important to remain silent and avoid talking to the police whether or not they read you your rights.

If you would like to learn more about how Miranda warnings work, the law firm of Gregg Wisotsky is here to help. Our team focuses on providing criminal defense to people in Morristown and surrounding areas. In addition to helping you understand the charges against you, we can work with you to build an effective defense strategy. Call 973-898-0161 or fill out our contact form to schedule a consultation.

What Are Some of the Most Common DUI Mistakes Made by Police?

May 4, 2022 by Gregg Wisotsky, Esq. Leave a Comment

Common DUI Mistakes Police Make

Many drivers are pulled over by police and subsequently arrested for driving under the influence. However, sometimes, police officers may make mistakes when arresting suspects for DUI. It’s important to know about these mistakes if you find yourself facing these charges.

No Cause to Make a Stop

One of the most common DUI mistakes police officers make is when they pull over a driver when there is no reasonable suspicion that a crime has been or is being committed. Police must have a valid reason to pull someone over, and in many cases that could be completely unrelated to driving under the influence. For instance, if a driver has a broken headlight or taillight, or if he or she drove through a stop sign, it will give the officer a legitimate reason to stop that individual. If the police officer merely got a glimpse of the driver’s face and decided that he or she appeared suspicious, that wouldn’t count.

No Proof of Operating a Vehicle

A police officer cannot arrest a person for DUI just because he or she is sitting in a vehicle that isn’t moving. If the car is parked, and the individual is sitting there, even with the engine idling, that doesn’t prove that the person is operating the vehicle while under the influence. An arrest for DUI would be considered a mistake.

Improper Administration of Tests

When police officers pull someone over for suspicion of DUI, they often require the person to submit to a breath test. However, the Breathalyzer must be properly calibrated before the test is administered, or it could give a false result.

Other tests that measure blood alcohol concentration must also be administered properly for the same reason. When a person is ordered to give blood or urine for testing to determine if he or she may be guilty of DUI, the samples cannot be tampered with or tainted, or they could give false results. A Morristown criminal defense lawyer knows that such tests would be inadmissible in court and would fight to ensure that the charges would be dropped against the person.

Field sobriety tests must also be conducted properly. If the police officer makes a mistake while conducting one of those tests, the results wouldn’t count.

Illegal Checkpoints

DUI checkpoints are commonly used so that police officers can stop drivers and ask questions to see whether anyone is driving while intoxicated. However, some officers make the mistake of setting up an illegal DUI checkpoint to stop people. Any roadblocks that are created have certain legal requirements the police department is obligated to follow. If the roadblock does not follow those criteria or has not been authorized, it’s considered a violation of drivers’ civil rights.

Stopping the Wrong Vehicle

Another common DUI mistake made by the police is when an officer makes a stop without identifying the vehicle that committed the violation. At any point when an officer makes a driver pull over, they are required to testify under oath that the person they stopped committed a specific traffic violation. Even if the police have the right suspect, if they cannot identify the vehicle, the case would be thrown out.

Detaining Someone Too Long

Police are not permitted to detain a driver for too long after stopping them. If the officer keeps the individual at the scene for an inordinate time while deliberately causing a delay or intimidating them, it’s a DUI mistake that can penalize the officer. Drivers are not to be detained for too long, even if suspected of driving under the influence, as it’s considered unreasonable.

Entering a Driver’s Private Residence Without Permission

Police cannot follow a driver to his or her home to make a DUI arrest. This is considered illegal, even if the person committed a traffic violation, as it violates his or her Fourth Amendment rights.

If you have been arrested after New Jersey police made a DUI mistake and need an experienced Morristown criminal defense lawyer, contact Gregg A. Wisotsky, Esq. at (973) 898-0161 or (908) 229-9714 after hours and on weekends.

Ways You Can Defend Yourself Against a DUI Charge

April 8, 2022 by Gregg Wisotsky, Esq. Leave a Comment

Common Defenses Against DUI Charges

If you are charged with driving under the influence, a conviction can lead to the loss of your driving privileges and other significant penalties. With a good attorney by your side, however, you can successfully defend yourself against this accusation. The most common defenses involve challenging the evidence presented.

The Improper Stop Defense

It’s not unknown for the police to stop cars without the requisite reasonable suspicion that a crime has been or is in the process of being committed. An improper stop constitutes a violation of your Fourth Amendment rights. If you can show that the stop was inappropriate, all evidence gathered during the stop will become unusable. A Morristown criminal defense lawyer can determine if your rights were violated.

Challenging the Field Sobriety Test

You may have been subjected to an improperly administered or inaccurate field sobriety test. If this has happened, you can challenge the validity of your DUI arrest. Fairly frequently, defendants challenge the HGN test, the test where the officer shines a light in the eyes and observes eye movements. Believe it or not, field sobriety tests are based more on tradition than research. This makes it relatively easy to challenge these tests in court. A Morristown DUI lawyer can advise if this is the right defense for you.

Challenging the Breathalyzer Evidence

Your attorney may choose to challenge the results of your on-scene Breathalyzer test. It is not unknown for inexperienced officers to make mistakes while using a Breathalyzer. Vomiting can warp the results of any such test. Additionally, one may reasonably ask if the Breathalyzer received appropriate calibration and maintenance.

Challenging a Blood Test’s Chain of Custody

In this legal strategy, the DUI attorney questions the execution of a blood test and how the blood sample was handled. Police and testing personnel must follow strict procedures when processing these samples. Supposing these procedures were not followed, the blood sample reading may not stand up in court.

Claiming Blood Alcohol Concentration (BAC) Disparity

This is when the defense claims the defendant’s BAC was under the allowable legal limit while the defendant was driving but rose past the limit between the time of the stop and the time of the BAC test. This can happen because consumed alcohol takes time to become fully absorbed into one’s system.

Impropriety on the Part of Police

Even if you think you might have been a bit inebriated when you were pulled over, you shouldn’t give up hope on defeating the charge. Just because you were drinking, that doesn’t mean you were breaking the law. Furthermore, every defendant automatically enjoys a presumption of innocence. It is incumbent on the prosecution to proactively prove your guilt using evidence. If the evidence isn’t there, you are entitled to an acquittal. By hiring a Morristown criminal defense lawyer, you can ensure you are given access to this or any other valid legal defense.

Though less common, the affirmative DUI defense is not unknown. In this type of defense, you don’t directly challenge the evidence. Instead, you present mitigating factors that make the prosecution’s evidence irrelevant or inapplicable. Affirmative DUI defenses include:

The Necessity Defense. This is when the defendant was forced to drive to stop a greater evil from occurring. For example, the defendant may have been driving to save someone’s life or deliver an injured person to the emergency room.
The Entrapment Defense. There have been isolated cases in which officers have encouraged or pressured people to drive while intoxicated. Fortunately, the rise of cell phone cameras has shined a light on this behavior and other types of police misconduct.
The Mistake of Fact Defense. It may be possible for people to drive with the honest belief that they are not intoxicated. As an example, someone may be impaired due to an unforeseen interaction between prescription medications.

Fight the Charge

Having the assistance of an experienced New Jersey criminal defense attorney can vastly increase your chances of beating a drunk driving charge. To get the legal help you need in Morristown, contact Gregg Wisotsky today at (973) 898-0161.

Defending Against Domestic Violence Charges

April 4, 2022 by Gregg Wisotsky, Esq. Leave a Comment

Dealing With Domestic Violence Charges

Domestic violence is a serious offense. Millions of lives are affected by these charges. While the violence damages families, an unjust accusation can also have substantial ramifications.

Domestic Violence in the United States

According to the National Coalition of Domestic Violence, over 1 million women have been victims of physical assault by an intimate partner per year. While this might seem like an issue affecting women, men can also be the victims of domestic abuse. At the other end of the crime, individuals are sometimes wrongly accused of committing domestic violence. For them, defending against these charges is essential to protecting their freedom and reputation. If you have been accused or charged with domestic violence, here are some things that you should know.

Understand Your Legal Rights

You need to understand your rights to ensure that you receive a fair trial. For a domestic violence case, you have the right to:

Call witnesses to testify
Present your own evidence
Cross-examine the prosecutor’s witnesses
Evaluate all of the evidence against you

A Morristown criminal defense lawyer with experience trying domestic violence cases could be an asset in determining how to proceed.

Secure the Evidence

Evidence is the cornerstone of any court case. Never rely on the accuser to supply you with evidence in your favor. It is a good idea to supply your own evidence that can help to show what really happened.

After the charges are made, it may help to identify witnesses and get an official statement from them. Make sure to secure any videos or pictures of the incident. Physical evidence can help disprove any charges. Don’t forget about those text messages. In many cases, texts can help back up your own claims.

Give Your Own Statement

Once the police arrive on the scene, they have to follow specific procedures, including taking down statements from all parties. In some instances, the police do not approach the accused for their own statement. It’s important to be sure that your side of the story is written down for the record. In a calm voice, explain how the incident took place. Remember that your statement could be a valuable piece of evidence in court, which is also true of the responding officer’s testimony, so it’s in your best interest to remain calm.

Hire an Experienced Domestic Violence Lawyer

While you have the right to represent yourself in court, that is rarely a good idea. Domestic violence cases are filled with emotions, so it may be a good idea to take a step back. A Morristown criminal defense lawyer understands the law and can help defend you against these serious accusations.

Discuss Your Case With a Lawyer

When you meet with the attorney, explain the entire incident. Allow them to plan for gathering evidence, finding witnesses to testify, and negotiating with the prosecutor. Your attorney is legally obligated to defend you to the best of their ability, so you can trust them to handle the proceedings.

Get a Bail Bond

If you have been arrested, you might need a bail bond to get out of jail. With that, you are released from custody. The amount will depend on whether you are a flight risk and the severity of the crime. Many people cannot afford to pay the bond. In that situation, an experienced bail bond company can help with the process. You pay a percentage of the bond, and the company will cover the rest of the amount. By paying the bond, you are guaranteeing that you will attend all of the court proceedings, or there could be a warrant out for your arrest.

Abide By All Court Orders

After paying bail, you will receive a set of instructions from the court that must be followed. The date for your first court appearance will be included in that paperwork. Make sure to attend the court dates, or you could face some serious legal troubles and potentially forfeit any bond money paid.

Be Punctual for Court Dates

You should always show up on time for court. If you have been charged with domestic violence, your appearance is critical. By being punctual and well-dressed, you show respect for the court and the legal process. In court, act calmly before, during, and after the hearing. Do not appear bored by the proceedings or get angry if things are said that you don’t agree with.

Understand Limits of Your Attorney

Unfortunately, there are limitations for your defense attorney. No lawyer can promise to win your case. While some cases are easier to prove, others have many variables that may not be in your favor.

With solid evidence on your side, you have a better chance to be acquitted of the charges. No matter how the case is going, your lawyer should give you the facts, and they should discuss possible outcomes and potential strategies with you.

Defenses to a Domestic Violence Charge

Evidence can help to prove your innocence. Along with that, you need a strong defense on your side. There are several defenses that your attorney may use in the courtroom. They may use evidence to show that someone else was responsible for the crime. This evidence can prove that the defendant was not near the crime scene or had an alibi.

While domestic violence accusations are serious, some people will make these allegations out of spite. Unfortunately, this happens in contentious child custody cases. A partner may also claim domestic violence as a way to manipulate a situation. A defense attorney may look for inconsistencies in the accuser’s story by comparing it to witness accounts, medical records, and police records.

In many domestic violence cases, the defendant acted to protect themselves or their children. A self-defense strategy can work if there is a reasonably perceived threat and if the defendant was not considered the initial aggressor.

While it is rare, some individuals voluntarily consent to participate in violent actions. That consent can function as a defense against a domestic violence accusation.

The prosecution has the burden of proof in a criminal trial. If it can’t be shown that the defendant is guilty beyond all reasonable doubt, then the prosecution hasn’t met that burden. The legal system protects both the victim and the wrongly accused. If there is no conclusive evidence pointing to guilt, the jury must acquit the defendant.

Find an Attorney for Your Case

With these tips, you can be ready to face your domestic violence case. Remember that these cases are very complicated, and an experienced attorney will be a valuable asset as you navigate this process.

Gregg A. Wisotsky is ready to help with your domestic violence charge. We can help you through all parts of the court proceedings and establish a defense for your case. If you have been recently arrested, schedule a consultation by calling the office at 973-898-0161. We have eight offices in New Jersey as well as in New York City for your convenience. You can also fill out our secure online contact form.

What Are Some Good Defenses for Theft Charges?

March 7, 2022 by Gregg Wisotsky, Esq. Leave a Comment

What Defense Should You Use When Charged With Theft?

With over 670,000 thefts occurring each year, property crime is one of the most common types of crime. Despite being incredibly common, theft can actually be a little tricky to prosecute. There are several very effective defenses for a theft charge.

You Weren’t Able to Commit the Crime

Ideally, if you did not commit the crime, you would be able to present an alibi to the police and avoid charges in the first place. However, this doesn’t always happen in the real world. If you did not commit the crime, one of the first steps your Morristown criminal defense lawyer may take is looking for proof you couldn’t have committed the crime. Finding evidence that you were not in the right place at the right time can be tricky. Your lawyer may do things like ask your neighbors for any doorbell security footage or contact a toll company for a receipt. Being able to present clear proof you were not able to access the item at the time of the theft can be an excellent defense against theft charges in New Jersey.

Someone Else Committed the Crime

Another common defense for theft charges is to show that someone else could have taken the item. Pointing the finger at someone else isn’t necessarily about trying to do the police’s job for them or attempting to frame an innocent person. Instead, it is about bringing reasonable doubt to the charges. For example, if you and another person were both in the room when an expensive watch was stolen, it’s reasonable to bring up the fact that the other person could’ve done it. Anything that makes the jury realize there is no definitive proof you were the one to commit the crime can be very useful for your case.

You Took the Property Accidentally

To be convicted of theft, the prosecution must show that you purposefully took an item that wasn’t yours with the intent to deprive the rightful owner of the property. Therefore, a valid defense that your lawyer for theft charges may use is that the whole thing was an accident. A common way that someone could accidentally take another person’s property is if they were mixed up. For example, someone who grabbed the wrong coat when leaving a party wouldn’t be guilty of theft. Another way that you may accidentally take property is if you did not have the capacity to form the intent to steal. Those who are intoxicated or mentally impaired may have a defense against theft charges.

You Were Just Borrowing the Item

Another possible defense is the idea that you did not intend to deprive the victim because you were simply borrowing the object. This defense can be a little trickier to prove because it is all about your intentions. It usually works best in situations in which the defendant had reason to believe they could temporarily use the object and promptly brought it back as soon as possible. It may be harder to prove in cases in which the defendant took an object and had no reasonable way of returning the item to its rightful owner.

The Property Is Actually Yours

Legally speaking, you can only steal an item if you did not have the right to possess the item in the first place. It is rare for a person to be charged with theft when they own the property, but this can happen occasionally. The most typical scenario occurs when two people co-own a property or when a person bought an item in an informal sale. In these sorts of disputes, you don’t have to have enough proof of ownership to take the property from the other person. Instead, your defense will just need to show you had a reasonable belief you owned the property because this can prove your lack of intent to steal. An ownership defense can also work if you can show that the previous owner voluntarily abandoned the property. If this person gave up their rights to the property before you took possession of it, you may have a legal claim to the item, preventing you from being convicted of theft.

You Thought You Had Permission

Since you need intent to be convicted of theft, one defense is claiming that you thought you were allowed to take the item. For example, a friend could tell you it’s OK to take their belonging when the item actually belongs to someone else. Or you could get confused about which item a person was telling you that you could take. These sorts of misunderstandings usually get cleared up before official theft charges are filed. However, in cases in which one party is being stubborn, there is a chance a simple misunderstanding can lead to criminal charges. To use this defense, it’s helpful to have evidence, like text messages or a recorded conversation, that shows how you ended up thinking you had permission.

You Don’t Actually Have Possession of the Item

Most theft charges use the fact that you are in possession of the stolen item as proof that you stole the item. However, actually proving that the item you have is the one that’s missing can be somewhat tricky. Many types of property are fairly interchangeable. For example, if you walk out of the store with an apple in your pocket, is it possible to tell if the apple came from the store? Occasionally, people can use this uncertainty to defend against theft charges. This defense works best when the item in question is fairly commonplace, and there is evidence of you owning a similar item before the alleged theft. Your lawyer may be able to prove that you did not have the missing property, and there was no other evidence linking you to the crime.

Your Rights Were Violated During the Arrest or Investigation

In some cases, it’s possible to avoid a guilty verdict even if there is little doubt that you took the object intentionally. Just like any other criminal case, theft charges in New Jersey follow strict guidelines. If your lawyer suspects that your rights were violated, they can have any evidence obtained by the violation thrown out. One of the most common violations is a police officer searching you or your home without proper suspicion of a crime. Other reasons can include issues like a police officer not informing you of your right to remain silent or an officer not letting you know that you can consult with an attorney. If you believe that law enforcement lured you to steal the item, you may also be able to use entrapment as a defense.

Ultimately, the right defense can help you get a more positive outcome for your case. At the Law Office of Gregg Wisotsky, we work hard to make sure our clients get a quality defense. Our team can assist you with everything from gathering evidence to filing documents promptly. To learn more about our Morristown criminal defense lawyer services, schedule a free consultation. You can reach us by calling (973) 898-0161 or filling out our contact form.

Understanding the Legal Definition of Mail Fraud

March 3, 2022 by Gregg Wisotsky, Esq. Leave a Comment

Everything You Need to Know About Mail Fraud

Mail fraud is one of the most common types of federal criminal charges. Interested in learning about what mail fraud is and how much jail time you could get? Keep reading to find out.

What Is Mail Fraud?

Mail fraud is simply any fraudulent scheme that involves the mail. However, the exact definition of this crime is a little complex. First of all, it is important to understand what qualifies as fraud. Fraud occurs whenever a person purposefully misrepresents essential facts for the purpose of gaining material property from somewhat else.

There are all sorts of ways that fraud can transition into mail fraud. A crime becomes mail fraud when the United States Postal Service, FedEx, UPS, or any other carrier are unwittingly involved in the fraud. The definition of mail fraud includes sending materials through the mail, receiving materials through the mail, or encouraging others to send or receive materials through the mail.

Examples of Mail Fraud

There are many different fraudulent schemes that use the mail. To better understand the definition of mail fraud, it can be helpful to look at a few examples of common types of mail fraud.

Mailing a person fake credit card applications and then using the information they supply to steal their identity.
Sending letters asking people to give you money as part of a Ponzi scheme or other fraudulent investment scene.
Promising to ship someone a product, accepting their money, and then shipping an inferior product instead.
Shipping flyers to promote an event for a fake charity and then using the event to steal money from unsuspecting donors.
Getting an associate to ship you counterfeit documents that you then use in a fraudulent scheme.

Mail Fraud vs. Regular Fraud

Compared to regular fraud, mail fraud charges can be a bit more severe. The issue is that mail fraud counts as a federal crime because it typically involves multiple states or a department of the federal government. When a crime becomes a federal crime, you could face far more severe consequences. The crime will also be tried in federal court, and you risk ending up in federal prison.

If you are convicted of mail fraud, you can face up to 20 years in prison and up to $250,000 in fines. Furthermore, you will have to forfeit any assets you gained through the crime and make financial restitution to the victims. These consequences are significantly worse than the $15,000 fine and the five years in prison you would face if charged with regular fraud.

Defending Yourself Against Mail Fraud Charges

Most defenses to these charges rely on showing that your activities didn’t actually meet the definition of mail fraud. To convict you of mail fraud, the prosecution has to be able to show that mail was somehow involved in your scheme. If your Morristown criminal defense lawyer can at least show that you were not using the mail for your scheme, you might be able to get your charges downgraded to regular fraud.

Another option is showing that you were not actually intending to commit fraud. You could claim that you actually believed the false facts you stated were true, or you could show that any false claims you made had nothing to do with the money a person sent you. In addition to these sorts of defenses, you may have other options like claiming someone else was responsible for the fraud or saying there isn’t enough evidence linking you to the fraud.

If you’re looking for a New Jersey mail fraud lawyer, the law office of Gregg Wisotsky is here to help. As a leading Morristown criminal defense lawyer, we have plenty of experience handling these sorts of criminal cases. Our team can assist you with navigating the criminal justice system and preparing an effective defense. Call 973-898-0161 or fill out our contact form to learn more about our services.

Is It Possible for Your Health Issues to Affect Breathalyzer Results?

February 6, 2022 by Gregg Wisotsky, Esq. Leave a Comment

These Medical Conditions Can Impact Your Breath Test

Did you know that only about 50% of DUI cases result in a guilty verdict? Breathalyzers aren’t always foolproof evidence, so it can be tricky for the prosecution to prove a person was under the influence. If you have one of these health conditions, it can result in an inaccurate breathalyzer reading.

Asthma

This breathing disorder affects breathalyzers in multiple ways. One of the most common issues is that it makes it hard to breathe fully into the breathalyzer, so law enforcement officers might struggle to take a reading. Furthermore, a person who is having an asthma attack can act a little confused, which might make cops suspect they are drunk.

If you have used an asthma inhaler in the time leading up to your breathalyzer, your BAC results are even less accurate. Asthma inhalers use alcohol to preserve and distribute the medication that helps with breathing. When you take a puff from your inhaler, roughly a third of the mist is actually alcohol.

This alcohol isn’t even absorbed into your bloodstream like alcohol you drink. Instead, it coats the lining of the lungs. When you breathe into a breathalyzer, this alcohol mist comes back out and results in a false reading. Even people who haven’t had a drop to drink can seem over the legal limit if they use their inhaler before a test.

Respiratory Illnesses

If you are sick with the common cold or another type of respiratory illness, there might be a reason to doubt your breathalyzer results. Many false readings are triggered by certain medications. This happens because some medicines contain alcohol, and when they stick to the lining of your mouth and throat, the concentrated fumes can impair a breathalyzer’s ability to function correctly.

For example, sucking on a cough drop right before a test can quickly cause a false reading. Other common medications that can impair a breathalyzer include some types of Nyquil and Vicks products. If you were using an oral gel to help with a cold sore during your illness, you can also get a false result because of the anesthetic used in the medication.

Diabetes

One of the most common conditions used in a medical DUI defense is diabetes. Whether a person has type 1 or type 2 diabetes, their body struggles to process sugar correctly. When sugar levels become too low, a person experiences many symptoms that can be confused with drunkenness. Diabetic hypoglycemia causes tremors, slurring, clumsiness, and mental confusion.

If you have too much glucose in your blood, you are even more likely to be hit with false DUI charges. When a person has severely high blood sugar, their body enters diabetic ketoacidosis. This is a serious health crisis, and one of the key symptoms is producing too much acetone. When this happens, your breath may smell fruity and alcoholic.

Excess acetone in the bloodstream causes all sorts of problems. Though it’s most common in patients with high blood sugar, some people with diabetes can have chronically high acetone levels even if they currently have low blood sugar. This is a problem because breathalyzers cannot tell the difference between acetone and ethyl alcohol. Therefore, they register high acetone levels as high BAC levels. In fact, this is so common that some doctors use a breathalyzer test as a way of diagnosing patients with diabetes in the first place.

GERD

Gastroesophageal reflux disease, or GERD, is essentially a chronic form of heartburn. People with GERD struggle to digest food regularly, and contents from the stomach quickly back up into the esophagus. Most people just associate GERD with unpleasant chest pain and foul-smelling breath, but it can also cause legal problems.

Alcohol is one of the most frequent triggers of a GERD episode. Even just a few sips of a beverage can cause severe acid reflux. This becomes a problem if someone is suspected of a DUI. When you take a breathalyzer test with a lot of alcohol backing up into your throat, the readings are drastically off. A person might have merely tried a cocktail with dinner, yet they can end up blowing a result well over the DUI limit.

GERD can also contribute to false DUI charges because it affects a person’s breath. People with GERD tend to have chronic foul breath, so they often rely on mouthwashes and breath sprays. These GERD treatments typically contain alcohol, so having even a small amount lingering in your mouth can throw off your breathalyzer tests.

Kidney and Liver Diseases

Both the kidneys and the livers are an essential part of filtering toxic materials out of the bloodstream. Unfortunately, it is possible for these essential organs to quit working. There are a variety of medical conditions that can cause liver or kidney disease to develop. Most people with kidney or liver disease will not be able to drink alcohol because it further damages their vulnerable organs.

However, even without consuming alcohol, you might find yourself accidentally failing a breathalyzer test. This happens as a result of ammonia buildup. When your kidneys or liver cannot metabolize properly, you end up with excess ammonia in your body. Since breathalyzers aren’t the most sophisticated equipment, the ammonia buildup can easily confuse the breathalyzer. This can make it difficult for law enforcement to get a proper reading.

What to Do If You Have One of These Conditions

Being diagnosed with one of these conditions isn’t an automatic “get out of jail free card.” It does give you a very valid defense in a DUI case, but your Morristown criminal defense lawyer will still need to do some work. First of all, they might need to get some testimony from a medical expert. Since a lot of judges and juries may not know much about health care matters, your lawyer could ask a medical professional to explain how your diagnosis affected the breathalyzer test.

Your DUI lawyer will also need to show that there isn’t a relevant case against you outside of the breathalyzer test. For example, if video evidence shows you taking ten shots of alcohol, hopping in your car, and immediately crashing it into a pole, a potentially faulty breathalyzer test might not be enough to get your case dismissed. You have a better chance of avoiding a guilty verdict if you were not impaired or there was no evidence of you consuming excessive amounts of alcohol. Your lawyer may be able to use your illness as a reason to throw out the breathalyzer results, and without this evidence, the case against you might collapse.

If you or a loved one have been charged with a DUI, the law office of Gregg Wisotsky is happy to help. As a Morristown criminal defense lawyer, Gregg Wisotsky can discuss your situation and help you see if there are any valid ways to defend against a DUI charge. Our team can also help out with a variety of other types of criminal cases in Morris County. To learn more about our services, give us a call at 973-898-0161, or fill out our contact form.

How Does a Prosecutor Use DNA Evidence in a Criminal Case?

February 2, 2022 by Gregg Wisotsky, Esq. Leave a Comment

Types of DNA Evidence Used in Criminal Court Cases

A person’s genotype is a string of letters that creates a code that is unique to each human on earth. There are a trillion trillion possible genotypes, and there are currently fewer than 8 billion people on Earth, so it is highly unlikely that people could have the same genotype, even if they’re identical twins.

In a criminal court case, prosecutors use different types of DNA evidence that rule out the possibility anyone else could have committed the crime. If the prosecution is likely to use DNA evidence against you, it’s important to work with a Morristown criminal defense lawyer to protect your rights.

History of DNA Evidence

The use of deoxyribose nucleic acid (DNA) in criminal court cases started in 1985 in Great Britain. Scientist Alec Jeffreys used DNA testing to solve a homicide case that occurred in England. The DNA was also used to pair the suspect with other unsolved crimes in the country. Two years later, a Florida man was convicted of sexual assault based on DNA evidence collected by detectives. DNA evidence preserved from older crimes has also been used to exonerate people who were wrongly convicted based on other, less scientific evidence.

How DNA Evidence Is Collected

Just about any type of biological sample can be used to yield DNA evidence. Saliva, blood, mucus, skin cells, hair follicles, semen and vaginal secretions all yield enough DNA for laboratories to determine the genotype. Once the sample is collected and preserved, the laboratory uses a technique called polymerase chain reaction. Also called PCR, it allows a tiny sample of DNA to be processed. The PCR method amplifies the DNA into millions of copies within a matter of hours. The process is more than 99% accurate. There is less than a one in 1 trillion chance that two people will match.

Errors are typically caused by contamination or human error in the lab. Each state has its own laboratory licensing requirements and rules for the submission of DNA evidence in court.

Types of DNA

Each person carries two types of DNA. The first is nuclear DNA. In the nucleus of nearly all cells, there are 46 chromosomes. These 46 chromosomes are paired into 22 autosomal chromosomes and one pair of sex chromosomes. Each individual gets one chromosome from their mother and one from their father.

The other type of DNA evidence a court may admit is mitochondrial DNA. Each individual inherits their mother’s mitochondrial DNA.

How DNA Evidence Is Used to Match People to Crimes

When DNA evidence is found at the scene of a crime, it is sent to a genetic testing lab. The FBI and nearly all police departments participate in databases. Sexual offender registries also include DNA databases. When a new sample of DNA is processed, the results are compared to the samples from known individuals in databases. This helps identify who the genotype belongs to. Some labs have long backlogs of samples, and the analysis may take months or even years.

Uses of DNA Evidence in Court Cases

Prosecutors use DNA matching in criminal investigations and trials. When there are no witnesses or the witnesses are unreliable, the court typically turns to any available DNA evidence. This evidence can also be used to prove that a person didn’t commit a crime. To date, more than 250 people have been exonerated through DNA evidence after their wrongful convictions.

DNA evidence is also frequently used to prove paternity in child support cases. Courts sometimes use DNA to match potential heirs in estate settlement cases and to identify the remains of accident and crime victims as well.

If you’re facing criminal charges and the evidence includes DNA, working with a Morristown criminal defense lawyer helps you understand your rights, how the court process works and what to expect from the prosecution and judge. To schedule a consultation with the Morristown law office of Gregg Wisotsky, call 973-898-0161. You may also fill out our online contact form, and an associate will reach out to you to schedule a consultation as soon as possible.

A DUI and Future Employment

January 7, 2022 by Gregg Wisotsky, Esq. Leave a Comment

How a DWI May Affect Employment

In New Jersey, a driver with a blood alcohol concentration of 0.08% or higher is considered to be driving while intoxicated. A DWI in this particular state is a traffic offense and not an indictable crime and thus cannot result in a misdemeanor or felony for that violation alone. Still, Morristown criminal defense lawyers generally recommend representation in order to limit the penalties and any potential effect that it could have on future employment.

Driving While Intoxicated: The Terminology

The state of New Jersey has a driving while intoxicated statute designed to prevent people from operating a motor vehicle while affected by alcohol or drugs. All 50 states have similar statutes, and the offense is often referred to as “driving under the influence” or “driving while impaired.” You may often see these terms used interchangeably, and within the context of New Jersey, they all refer to the same DWI statute.

A DWI Is a Traffic Offense

New Jersey is one of only two states—the other being New York—in which a DWI is a traffic offense and not a criminal offense. A DWI can still result in a criminal offense if there are injuries involved, but the majority of DWI citations do not result in criminal charges. Nevertheless, a DWI can result in serious penalties, including:

Fines
Jail time
Automobile insurance surcharges
Substance abuse assessment and education
Temporary or permanent loss of driving privileges

May an Employer Inquire About a DWI Conviction?

It depends on the circumstances. An employer does have the right—depending on the phase of the hiring process—to ask you about criminal charges and to perform a criminal background check. But since a DWI is a motor vehicle offense in New Jersey and not a criminal offense, you do not have to disclose the arrest or the charges, and any conviction will not show up on a criminal report. It will, however, show up on your Driver History Abstract, which is commonly referred to as a driving record, and a clean driving record is a prerequisite to some jobs.

May an Employer Request a Driving History Abstract?

Municipalities are permitted to request your driving record without restriction, and they can therefore choose not to hire you based on a DWI. Other employers have limited access based on what the position entails. If the job involves operating a vehicle that requires a license, then the employer can ask you if you have been charged with a DWI and can verify that information through the DMV. The employer can choose not to hire you based on that information and may in some cases have an obligation not to hire you.

How Long Does a DWI Stay on Your Record?

In the state of New Jersey, a DWI remains on your driving history abstract forever. This is done so that previous violations can result in harsher penalties for subsequent violations. The law in this state does include what is called a 10-year step-down provision. After 10 years have passed from a previous violation, a subsequent violation will be assessed as if it were the first infraction.

There are no such rules governing employers. If an employer is hiring you to operate a motor vehicle, it has the right to assess a DWI conviction that is older than 10 years. It is generally believed that employers place greater emphasis on recent history, but they are not obligated to do so.

Local Representation in New Jersey

It is often beneficial for anyone charged with a DWI in New Jersey to hire an attorney to protect their legal rights and mitigate any penalties that may be faced. If you or a loved one is in this situation, then it could be a good idea to contact the law office of Gregg A. Wisotsky. We can provide you with a consultation and, if needed, local representation from a Morristown criminal defense lawyer. To schedule an appointment, call us at 973-898-0161 or contact us online.

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