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Jerry Sandusky Sentenced to 30 Years!

The 68 year old former Penn State football coach, Jerry Sandusky, was sentenced to 30 years prison today. Three victims spoke at the sentencing and Sandusky gave his own statement, again denying any guilt. Instead he talked about how hard being in prison has been away from his family.

Judge John Cleland sentenced him to 30 to 60 years in prison, saying “The tragedy of this crime is that it’s a story of betrayal. The most obviously aspect is your betrayal of 10 children,” “I’m not going to sentence you to centuries in prison, although the law will permit that.”

Judge Cleland designated Sandusky as a sexually violent predator under the state’s Megan’s Law. Sandusky didn’t oppose a review panel’s finding that he be given the designation. The label essentially has no effect on Sandusky, since it requires lifetime registration with authorities after a convict is released from prison. It is more than certain Sandusky will spend the rest of his life behind bars.

It is more than certain that Sandusky’s legal team will appeal the verdict and the sentence. It appears one appeal issue will be that the defense did not have enough time to prepare for trial.

Happy New Year

I want to say :

Happy New Year 2012

I love to post information on new jersey criminal law, divorce law, domestic law and recent law changes in NJ. I hope to provide interesting and informative articles. I also want to provide even more ways to connect.  As always, feel free to contact me and I will do my best to help answer your questions in a free, no obligation informative session.

Click Here To Ask Your Question ->

I also love to see funny law related articles, pictures, cartoons and videos.

Happy New Year

– From Jennifer Marshall – Your New Jersey Lawyer who listens to YOU! laws for 2012 in new jersey nj information on cases 2012 jail base look up court records

Can You Settle a Tax Debt For Lower Than What You Owe?

The answer is yes, if you qualify. Many people find themselves in a situation where they owe the government back taxes. Many of those same people have fallen on hard times and cannot pay. In helping out a family friend today, I found the IRS Offer in Compromise program. An offer in compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship. The government considers your ability to pay, income, expenses and asset equity.

They generally approve an offer in compromise when the amount offered represents the most they can expect to collect within a reasonable period of time. Explore all other payment options before submitting an offer in compromise. The Offer in Compromise program is not for everyone.

If you want to know more about the program please go to www.irs.gov and type offer in compromise in the search box. There is a step-by-step guide on how to fill out the forms.

Elizabeth Board of Education President, Marie L. Munn Charged With Lying To Obtain Free Lunches

The president of the Elizabeth Board of Education, Marie L. Munn, was arrested at her home early this morning on state charges of lying to obtain free federally subsidized lunches for her two children.

Charged along with Munn were,  Angela Lucio, 35, the ex-wife of school principal Carlos Lucio; and Peter W. Abitanto, 42, the husband of Marlene Abitanto, the district’s supervisor of custodians.  All three were charged with third degree theft by deception and third degree tampering with public records or information.

If found guilty, they each face up to five years in prison.  The arrests were made by the State Police on charges filed by Division of Criminal Justice.  The charges stem from a story in The Star-Ledger disclosing that Munn and the others were all receiving free or reduced cost lunches for their kids — despite salaries far exceeded federal income-eligibility limits set by the federal government.  The investigation into the program is continuing.

Last week, Munn reported that she repaid the district $2,682 to cover the cost of six years of free meals her two children had received and admitted she had filled out the applications for the lunch program without including her husband’s salary. In a statement, she said she had been unaware her kids had been receiving free lunches until she had been contacted by a reporter.

Dominique Strauss-Kahn, Charges to be Dropped!!!

In a twist only lifetime tv could match, the District Attorney prosecuting Dominique Strauss-Kahn has decided to drop all charges.  This news comes after a brief discussion with counsel representing Nafissatou Diallo, the motel housekeeper allegedly raped by Kahn.

This dismissal comes on the heels of learning that the alleged victim had lied about her whereabouts and lied on an asylum application.  Many women’s rights group have come forward in opposition to the State’s decision to drop the charges and her attorney is calling for a special prosecutor to be appointed to take the matter to trial.  The motion is still pending.

As a criminal defense attorney, I can only speculate that the State decided it should dismiss the case rather than proceed with a “victim” that is less than reliable.  I have had many cases where the accuser gets caught in lies, which causes the case to be dismissed.  The prosecutor in this case did the right thing.  There are many prosecutors who will take cases to trial that should never be there.  Kahn should count his blessings and accept the dismissal.  Strauss-Kahn is not an entirely free man though, he still has to answer the civil suit filed against him by the alleged victim.

 

 

 

West Memphis Three Are Free

Damien Echols, Jason Baldwin and Jessie Misskelley, three men convicted of killing three 8-year-old Cub Scouts and dumping their bodies in an Arkansas ditch changed their pleas Friday. Because of a plea bargain, the three men are being freed immediately. The defendants, the West Memphis Three, agreed to a plea that lets them maintain their innocence while acknowledging prosecutors have enough evidence against them.

They were each credited with time served, and Echols is being freed from Arkansas’ death row. They were placed on 10 years’ probation and if they re-offend they could be sent back to prison for 21 years.

Baldwin and Echols each pleaded guilty to three counts of first-degree murder. Misskelley pleaded guilty to one count of first-degree murder and two counts of second-degree murder. Through a legal maneuver known as an Alford plea, the three men were allowed to maintain their claims of innocence. An Alford plea is a guilty plea in criminal court, where the defendant does not admit the act and asserts innocence. Under the Alford plea, the defendant admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty beyond a reasonable doubt.

The West Memphis Three have a long way to go if they want to clear their names.

New York Times says “It is even harder to get a job with a criminal record”

As an attorney I am aware that employers conduct background checks on potential employees.  I also know that what a person may find in those records could keep them from hiring someone.  A New York Times article written today gave me even more perspective on how truly harsh the legal system is.

The Times reported that “the pool of Americans seeking jobs includes more people with criminal histories than ever before, a legacy in part of stiffer sentencing and increased enforcement for nonviolent crimes like drug offenses. And each year, more than 700,000 people are released from state and federal prisons, a total that is expected to grow as states try to reduce the fiscal burden of their overcrowded penal institutions.”

With so many men and women walking out the courthouse everyday with criminal records there is no wonder as to why we have an employment crisis in this country.  Many of my clients do not have extensive records, but made one bad decision that will haunt them forever.  Employers should look more closely at a persons record.  He or she should ask the applicant about what happened.  Most of the time the charge had nothing to do with how effective the person would be at their job.

The Times went on to report that “Almost 65 million Americans have some type of criminal record, either for an arrest or a conviction and the figure is probably an underestimate.”  The quoted figure is just a sad reminder of how tough our system is.  As a defense attorney I always try to remind the court and the state that my clients are people.  People who when they leave us, must feed their families and provide shelter.  I also fight the state in making sure my clients do not end up with criminal records.  Sometimes there is no way around having a record, but an attorney can lessen the charge or change the charge so it does not cause a person to lose their job.

If you or someone you know is facing charges that could impact their future, give me a call today.  The call you make could save your future. (732) 377-2005.

Grand Jury Indictment in Tyler Clementi Case

Well, it was inevitable that someone would be charged in the tragic suicide of Tyler Clementi.  Dharun Ravi, 19, was indicted in Middlesex County on 15 counts including bias intimidation and invasion of privacy.  If convicted Ravi could face 5 to 10 years in jail.  There is comment that Ravi has deliberately deleted comments and tweets that point to his guilt.

As a defense attorney, I would have to see the grand jury transcripts and the evidence to draw a conclusion about Ravi’s alleged tampering with evidence.  Of course it goes without saying that Ravi would not have made the papers or become a hated media figure if the facts of the case were different.  The truth is Tyler Clementi’s sexual orientation is the driving force of the prosecution.

As far as we have been told, Ravi has no criminal record and no history of doing this to anyone else.  Two points that will be looked at as mitigating factors.  As member of the public we will never know all of the details without witnessing the trial.  If this case does go to trial I will be sitting in the court room. May true justice win out.

Free Citizenship Opportunity at Rutgers

Attention anyone with a green card (Legal Permanent Residents).  I have a great opportunity for you to get help with your citizenship application — including free photos, free copies, a free consultation with an immigration lawyer and free application assistance.

An opportunity like this does not come along everyday.  It is happening on Saturday, April 9, 2011 at 11 am at Rutgers University in New Brunswick NJ.  The link is below.

Rutgers University Link

 

“Announcing New Satellite Office in Bridgewater”

The Law Office of Jennifer L. Marshall, LLC  is excited to announce a new satellite office in Bridgewater NJ.  It is located at 991 Highway 22.  Since it is a satellite office it is by appointment only.  I am still reachable by the same number 732-377-2005, to take your call 24/7.

I am also excited to see that my blog has received comments from some loyal readers.  I want to take this opportunity to ask those readers if there is a topic they would like me to discuss.  I try to think of helpful topics, but sometimes there is something on your mind that you wish I would write about.  Well here is your chance.