Monthly Archives: March 2016

No Madatory Jail for Leaving the Scene with Injuries

[03/29/2016; 1:14 p.m.]  In the opinion published yesterday in the appellate division case State v. Frank, there are two very important take-aways for NJ attorneys. The most salient take-away involves leaving the scene of an accident (N.J.S.A. 39:4-129), as the opinion states “the trial court erred in concluding that N.J.S.A. 39:4-129(a) mandates a custodial sentence.” So that means no mandatory jail for leaving the scene with injuries.

The second major take-away in State v. Frank is that only mandatory penalties in MV offenses survive merger into companion criminal convictions.

 

For more, check out the PDF of the case here.

Atty General Admits there was Lab Fraud at State Police

[03/02/2016, 4:07 p.m.]  Following up on yesterday’s Muni-mail featuring the memo from Passaic County Deputy Public Defender Judith Fallon, we have a letter from the Office of the Attorney General confirming the allegations of fraud at the State Police Forensic Lab in Little Falls.

This letter, signed by Director of the Division of Criminal Justice Elie Honig, was sent to all county prosecutors. Here is an excerpt detailing the behavior of forensic scientist Kamal Shah..

“Shah was observed in one case spending insufficient time analyzing a substance to determine if it was marijuana and recording an anticipated result without properly conducting the analysis.”

For the PDF of the entire letter, click here.

Allegations of Fraud at State Police Forensic Lab

[03/01/2016, 9:37 a.m.]  A memo released yesterday from Passaic County Deputy Public Defender Judith Fallon details allegations of fraud at the State Police Forensic Lab in Little Falls, a laboratory that is likely used by many law enforcement agencies across multiple NJ counties. Here is an excerpt from the memo..

“Laboratory Technician II Kamalkant Shah of the New Jersey State Police Laboratory (in Little Falls) has been found to have ‘dry labbed’ suspected CDS specimens. Basically, he was observed writing ‘test results’ for suspected marijuana that was never tested.
… In Passaic County alone, the universe of cases possibly implicated in this conduct is 2,100.”

To read the PDF of the memo, click here.