Over 300 Now Criminally Charged in Postville Raid

Over 300 of the 389 people who were detained following a federal immigration raid of Agriprocessors in Postville on Monday are now facing criminal charges. It's a figure that has civil liberties advocates concerned.
"Based on the number of criminal arrests, this is the largest criminal worksite enforcement operation ever in the United States," Matt Dummermuth, U.S. Attorney for the Northern District of Iowa, said Thursday evening.
Charges in the official complaints vary by individual and include allegations of aggravated identity theft, false use of a social security number, illegal reentry into the United States and fraudulent use of an alien registration card.
Detainees arrested on criminal charges have been provided court-appointed defense attorneys and have had initial court appearances. They are now being held in local jails -- nearly 100 in the Linn County jail alone -- and are in the custody of the U.S. Marshal's Office. Those accused will travel back to the temporary detention facility at the National Cattle Congress in Waterloo next week for status hearings in the makeshift court facilities there. Many preliminary hearings have been schedule the following week in the federal building in Cedar Rapids.
The American Civil Liberties Union of Iowa issued a statement in which it condemned "the unnecessary use of criminal prosecutions to coerce hundreds of foreign-born workers...into waiving their rights to individually demonstrate why each of them should be allowed to remain in the United States."
"A civil deportation proceeding is the best way to address immigration cases, and each case needs to be handled on an individual basis," said Ben Stone, executive director of the ACLU of Iowa. "By converting the meatpacking plant raid into a mass criminal prosecution, the government is wasting precious legal resources and giving short shrift to the American right of due process, which belongs to all persons, not just citizens.
"It is our understanding that detainees are being threatened with prosecution if they do not waive their right to an individualized deportation hearing and that they may be forced to do so with only minimal opportunity to speak with defense counsel."
Immigration attorneys sent out an e-mail alert on Wednesday that urged Iowans to contact the U.S. attorney's office and push for detainees to e allowed to consult with an immigration attorney prior to entering into any agreement with public defenders for criminal charges.
In a telephone conversation on Wednesday, Tim Counts, public affairs officer for the Department of Homeland Security, said evidence of criminal behavior takes precedence over immigration hearings.
Although federal officials previously indicated 390 had been detained as a result of the raid, they are now correcting that figure to 389. Of the detainees, 62 were released on humanitarian grounds and 21 are being held on administrative charges. From these two groups (83 individuals total), 18 were juveniles ranging from age 13 to 17. The juveniles have since been released to an adult or turned over to the Office of Refugee Resettlement. Those not facing criminal charges will be placed into administrative immigration removal proceedings that will be conducted under the direction of the U.S. Department of Homeland Security at other locations.
"This has been an unprecedented undertaking in nearly all respects," Dummermuth said. "Since May 12, ICE agents, other law enforcement partners, and attorneys and support staff from my office have worked literally around the clock to process those administratively arrested in Postville and determine who would face criminal arrest. To have this completed within three days is phenomenal." Read More ...

New Jersey Criminal Defense Lawyers

If you or a member of your family has been accused or charged with a crime in New Jersey, you are probably scared and confused.
• What penalties am I facing?
• Should I talk to the police?
• What should I do next?
These are just a few of the many questions that you need answered from someone you can trust. The Criminal Justice process in New Jersey can be intimidating for anyone but there is no need to face it alone.
Former Prosecutors, Monmouth County, New Jersey• Board Certified Criminal Trial Attorney
At Clark and Clark, LLC our New Jersey criminal lawyers have the answers you need, and more importantly, have the knowledge and real experience that you can trust. Our founding partners, Charles Clark and Susan Schroeder Clark, have spent a combined 30 years exclusively practicing criminal law in New Jersey and for more than 25 of those years they were trial prosecutors.
Our criminal attorneys' knowledge of the system and experience means that they can give you an immediate and accurate answer regarding the penalties you are facing, your best legal defense to the charge, how to respond to the police or the prosecutor's office and, most importantly, exactly what you need to do next.
EXCLUSIVE NEW JERSEY CRIMINAL DEFENSE LAW FIRM
Clark and Clark, LLC, unlike most other firms, offers you the benefit of experienced attorneys exclusively committed to the practice of criminal defense in New Jersey. The firm's partners have successfully handled thousands of criminal cases ranging from simple possession of CDS (drugs) to complex Homicides and Aggravated Sexual Assaults. We also offer the rare benefit of a New Jersey Supreme Court Certified Criminal Trial Attorney.
You owe it to yourself to contact our firm today for a free consultation, toll free, at 877-290-3867. All of our clients can reach us 24 hours a day, 7 days a week via our office or cell phones. You will be in direct contact with your attorney who will remain available to answer any questions that you may have and provide any necessary counsel until your case is successfully resolved. The criminal defense attorneys at Clark and Clark, LLC have spent their entire careers in the court room and will give you the peace of mind and confidence that you need while we successfully defend your case.
We focus exclusively on state, federal and municipal criminal defense all over the State of New Jersey, including Monmouth County, Ocean County, Middlesex County and Mercer County.
• Violent crimes: If you have been charged with homicide, assault, or weapons offenses we will aggressively defend your case whether we are negotiating with the Prosecutor or seeking a dismissal at trial.
• Sex crimes: Whether you have been charged with a misdemeanor sexual contact or first degree aggravated sexual assault, a conviction for a sex offense carries a lifetime stigma and possible registration on the state's sex offender registry under the terms of Megan's Law. We are former Sex Crimes Prosecutors who know exactly how to defend any sexual assault case.
• Drug crimes: From marijuana possession and distribution crimes to federal drug trafficking and manufacturing, our criminal attorneys have successfully handled thousands of drug cases and fully understand all of the intricacies of some of the more complicated drug laws.
• Theft and property crimes: From shoplifting to federal fraud and white collar crime, we will do everything possible to aggressively defend your case whether we are negotiating with the Prosecutor or seeking a dismissal at trial.
• DUI defense: As former prosecutors, we were on the other side in hundreds of DUI related cases. Now we use our experience to ensure that your rights are protected and you get the best outcome possible. We examine the police investigation in an effort to have your case dismissed or obtain a not guilty verdict after a trial.
We also handle other criminal law matters, including domestic charges, juvenile crimes and expungements in New Jersey.
Contact our offices in Freehold, New Jersey, to discuss your matter in a free consultation with one of our New Jersey criminal defense lawyers right away. Read More ...

Municipal/Traffic Violations

Ocean, Middlesex and Monmouth County Traffic Violations Attorney
If you've been charged with a traffic violation in New Jersey, you may benefit substantially by hiring the services of a Monmouth county traffic violations attorney, an Ocean County traffic violation lawyer, or one of the expert Middlesex County traffic violation lawyers available at Clark & Clark, LLC.
Even minor traffic violations and municipal offenses can have a serious impact on your driving privileges and your criminal record. Many people do not think to hire an attorney when it comes to a traffic violation or a related offense, and instead choose to pay the fine or plead "guilty" without trying to challenge the traffic citation or moving violation offense. At Clark & Clark we offer aggressive advocacy to protect the rights of our clients facing municipal court and traffic violations offenses.
We represent clients in municipal court who have been accused of a wide range of traffic violations, including DUI or DWI, speeding, hit and run, reckless driving or careless driving. A traffic ticket or municipal offense could result in serious fines, a substantial increase in insurance premiums, license suspension, and even jail time.
It is your right to challenge a traffic or municipal offense and protect your rights. We can help you defend against a DUI, or a speeding ticket, and retain your driving privileges by beginning immediately with a careful analysis of the police investigation and all possible defenses to the charge.
In most cases, motor vehicle related offenses result in fines, revoked driving privileges, or points that could result in an increase in your car insurance premiums. Certain motor vehicle offenses, however, may involve county jail time depending on a person's prior record.
In New Jersey, we are able to provide services across Freehold NJ 07728, Toms River NJ 08753, New Brunswick NJ 08901, Somerset County NJ, Union County NJ.
Beat a Speeding Ticket, Beat a DUI, DWI, Traffic Citation, Moving Violation, Hit and Run Offense, Careless Driving and More
A driving or motor vehicle offense may result in additional penalties including an increase in insurance premiums or loss of license. We take a comprehensive approach in your case to protect your immediate and future concerns and limit the costs or expenses of a driving offense.
If you have been accused of a traffic violation, received a traffic citation, or are facing charges of DUI or DWI or other charges that threaten your driving record and insurance premiums, your case calls for the expertise of a Monmouth county traffic violations attorney, an Ocean County traffic violation lawyer, or one of the expert Middlesex County traffic violation lawyers at our firm.
We are experienced in traffic offenses including:
• Speeding
• Driving While License Suspended or Revoked?
• Driving with no insurance
• Reckless driving
• Careless driving
• Leaving the scene of a motor vehicle accident
Licensing and Motor Vehicle Issues
A driving or motor vehicle offense may result in additional penalties including an increase in insurance premiums or loss of license. We take a comprehensive approach in your case to protect your immediate and future concerns and limit the costs or expenses of a driving offense.
Strategic Advocacy and Defense in Municipal Court Cases
A conviction of a disorderly persons offense in New Jersey can lead to a various penalties including county jail time, probation, fines, community service, court ordered counseling and restitution. We are experienced in the defense of:
All disorderly person (DP) offenses including:
• Possession of under 50 grams of marijuana
• Shoplifting
• Theft
• Criminal mischief
• Simple assault
• Trespassing
• Harassment
• Underage possession or use of alcohol
Contact Clark & Clark LLC for a free consultation with an experienced criminal jury trial lawyer in Freehold, New Jersey. We offer aggressive advocacy focused on obtaining positive results in your case.
Free consultations • Credit cards accepted • Weekend appointments and evenings available •24 hour phone availability to both current and prospective clients • Located conveniently next to the courthouse Read More ...

Expungement of a Criminal Record in NJ

New Jersey Expungement Lawyers Working to Clear Your Criminal Record
At Clark & Clark our lawyers have successfully handled expungements of arrests, criminal charges, and criminal convictions throughout the State of New Jersey. Certain criminal convictions are eligible for an expungement in New Jersey, and we can easily guide you through the expungement statute to determine whether you are eligible for an expungement. In addition to determining the crimes which are eligible, it is equally important to determine the length of the waiting period from the date of your conviction to the date upon which you are eligible to file a petition for expungement. Remember, the time requirements and limitations on criminal expungement eligibility in NJ only apply to convictions. If you were arrested and charged but the charges were ultimately dismissed, you may be eligible for an immediate expungement.
Attorneys at Clark and Clark, LLC will provide you with a free consultation to determine whether you are eligible for an NJ Expungement of your criminal record. We have successfully handled the expungements of criminal records all over the State of New Jersey including Monmouth County, Ocean County, Middlesex County, Mercer County,
Union County, Somerset County, Essex County, Hudson County, Burlington County, Cape May County, Atlantic County, Sussex County, Morris County and Bergen County.
Why You Should Have Your Criminal Record Expunged
Unfortunately, many employers, and educational institutions place a stigma on any person who has been arrested let alone convicted of a crime. A prior criminal conviction can affect your employment opportunities and may be an absolute bar to certain job opportunities. A prior arrest or conviction can also affect professional licensing boards and college applications.
Increasingly, employers are conducting background checks on new employees as well as existing employees who may have been with the company for many years. The criminal background check will uncover not only convictions but also arrests no matter how long ago they occurred. If you were fingerprinted for an offense regardless of the ultimate outcome, a criminal record with that information has been generated and is on file with the New Jersey State Police. Many people assume that because their charges were dismissed or because they completed a diversionary program, such as Pretrial Intervention or a Conditional Discharge, that the offense will not show up on a background check. Invariably, many of our clients soon learn that the records exist and have been accessed by a potential employer.
Our Experienced NJ Expungement Attorneys Can Assist You in Quickly Obtaining an Expungement
Background checks, once an exception to a job application, are now the norm. You may never even know that a potential employer passed you up for a job for this reason. In addition, your criminal record remains on file indefinitely unless you have that record expunged. An expungement of your NJ record will prevent an employer from accessing your criminal record and allow you to lawfully answer "no" to employment application question as to whether or not you had ever been arrested or convicted of an offense.
Crimes which are Eligible for Expungement
In order to have your record expunged (cleared), you must first look at whether or not you are eligible to have the criminal conviction expunged. Individuals should contact an attorney at Clark & Clark, LLC for a free consultation to determine whether they meet the requirement for an expungement of their New Jersey Criminal Record.
Convictions for the Following Crimes are not Eligible for Expungement in NJ:
(1) Criminal Homicide (exception Vehicular Homicide)
(2) Kidnapping
(3) Luring or Enticing
(4) Aggravated Sexual Assault
(5) Criminal Sexual Contact if the victim is a minor
(6) Criminal Restraint
(7) Robbery
(8) Endangering the Welfare of a Child (if based on sexual contact or child pornography)
(9) False imprisonment
(10) Perjury
(11) False Swearing
(12) Distribution of Controlled Dangerous Substance or Possession of Controlled Dangerous Substances with Intent to Distribute
In addition, the NJ expungement statute does not apply to motor vehicle violations or DWI or DUI. Thus, neither DWI/ DUI or traffic tickets can be expunged.
Waiting Period for Expungements
The following is a chart which sets forth the general eligibility requirements for an expungement in NJ and the waiting periods for filing a petition for expungement in NJ.
TYPE OF CONVICTION BARS TIME ELAPSED SINCE CONVICTION
Indictable two or more convictions 10 years waiting period from completion of sentence

Disorderly Persons (up to 3 disorderly)
5 years waiting period from completion of sentence

Petty Disorderly Persons
5 years waiting period from completion of sentence
Municipal Ordinances 2 years waiting period from completion of sentence

Juvenile Delinquency
5 years waiting period from completion of supervision

Possession of CDS
<21 yoa
1 year period from completion of sentence

Arrests not resulting in Convictions
Immediately

Conditional Discharges/
Pretrial Invention
6 months
Out of State Residents Eligible for an Expungement in NJ
Attorneys at Clark & Clark, LLC handle New Jersey expungements for out of state residents as well as in state residents. You do not need to come back to New Jersey in order to have your expungement effectively litigated. Our attorneys will prepare all the filings and handle any expungement matter that needs to be litigated in court without you ever coming to New Jersey. Contact us today to discuss the details.
Length of Time Before Expungement is Complete
Pursuant to Court rules, the expungement motion should be scheduled from 30 to 60 days from the filing of the expungement petition. Of course, each County is slightly different as far as the time it takes to get your case listed on the expungement calendar. Due to the tremendous increase in the amount of people seeking expungements in NJ, some courts may take slightly longer. If you need your matter expunged quickly, please contact our office and we will assist in getting your case expunged on an expedited basis if possible.
Information Needed to Get Started
In order for an attorney to file your NJ expungement petition, specific information about the offense such as summons or complaint number, arresting agency, criminal charge and corresponding statutory number, arrest date, and disposition in court will need to be obtained. Without this information, the expungement cannot be appropriately filed and, consequently, it will not be granted. Let the experienced attorneys at Clark & Clark guide you in obtaining the necessary information for the filing of your NJ expungement petition. We have the ability to research your previous record to ensure that the petition for expungement is accurate. Often times, there is information on a clients criminal history that they did not even know existed or that they believed was never memorialized in a record.
Remember an arrest for any crime absent a conviction may be expunged. Not everyone who has been convicted of a crime in New Jersey, however, qualifies for an expungement in NJ. We would be happy to provide a free consultation to see if you qualify for a NJ expungement. Call us today at (732) 303-7857. Read More ...

Drug Trafficking, Manufacturing and Distribution

New Jersey Drug Trafficking Defense Lawyer - Including Monmouth, Ocean, Middlesex and Mercer Counties
Drug trafficking is one of the most serious state or federal felony offenses. Prosecutors will do everything possible to ensure that traffickers, manufacturers and drug rings are closed down and everyone involved is punished severely. You need an experienced criminal defense team to attack the prosecution's case. If you are facing an investigation or allegations of drug trafficking, get experienced legal defense as quickly as possible.
Clark & Clark attorneys offer a unique combination of extensive experience prosecuting hundreds of drug crimes in New Jersey, as well as the knowledge, skill and reputation that come with earning certification as a New Jersey criminal trial attorney.
Free Consultation • Board Certified Criminal Trial Attorney • Former Prosecutors
Contact our offices in Freehold to arrange a free consultation as soon as possible. We represent people charged with all types of state and federal drug crimes, including:
• Transportation of drugs
• Narcotics possession and drug distribution
• Drug manufacturing and cultivation
• Illegal pharmacy, Prescription drug fraud
Visit these pages to learn more specifics about our drug crime defense experience:
• Marijuana crimes
• Cocaine possession with intent to distribute
• Possession of heroin
• Possession of cocaine
We Fight Hard to Find an Alternative to Jail
At Clark and Clark, we have been extremely successful in handling drug trafficking or possession cases in front of a jury. When a plea bargain is your best option, we fight hard to obtain probationary terms rather than jail sentences for our clients, even when they have criminal records. Because of our knowledge and experience as former prosecutors, we are often able to negotiate a resolution that takes the entire family into account. Often, we are able to get the charges downgraded or assist our clients in applying to drug court as an alternative to jail.
Contact us today for a free consultation. Read More ...

Drug Crimes

Monmouth County Drug Crimes, Possession and Defense Lawyer
Drug crimes charges are successfully defended only after a thorough analysis of the police investigation, which is why, if you are accused of a drug crime you should contact Clark & Clark, LLC immediately to obtain a Monmouth County drug crimes lawyer, an Ocean County drug possession lawyer, or a Middlesex County drug defense lawyer.
Many drug-related charges are dropped after an investigation, usually due to illegally obtained evidence, insufficient evidence provided by the prosecution, or failure by the prosecutor to prove all elements of the crime.
Marijuana laws, laws regarding drugs and drug crime including drug smuggling, possession of marijuana or cocaine, or other drugs, may involve either misdemeanor or felony charges. Either way, obtaining the services of a qualified drug attorney, or the expert advice from a law firm specializing in the expertise of a qualified drug lawyer, can help provide you with the best criminal defense possible.
At Clark & Clark LLC, our attorneys are former prosecutors with extensive experience in the defense and prosecution of drug crimes. From your initial consultation through the final resolution of your case, we will prepare and investigate thoroughly and utilize our trial skills to focus on obtaining a "not guilty" verdict for you. Here in New Jersey, we serve clients across Freehold NJ 07728, Toms River NJ 08753, New Brunswick NJ 08901, Somerset County NJ, and Union County NJ.
Criminal Defense Law Firm for Possession of Marijuana, Cocaine Charges, Drug Smuggling, Expungement Charges, Felony and Misdemeanor Drug Charges and More
Our attorneys never just accept a plea bargain unless it is in your best interest and you are satisfied with the resolution. We strive for a verdict in your favor in each and every case.
Our attorneys have 30 years of combined criminal trial experience. As former prosecutors, we have served in trial units where drug crimes comprised the majority of our cases. This experience allows us to see every case from the prosecution's perspective. We know when evidence is weak, flawed, or missing and we know how to challenge a criminal drug case presented against you, effectively prepare for trial and negotiate when necessary.
Drug crimes cases in New Jersey will often turn on the presentation of evidence collected by the police through search and seizure procedures. We will examine the police reports, interview witnesses, and work with experts where necessary to challenge any illegally obtained evidence in your case. In the event that your Fourth Amendment rights were violated, we will seek to have the evidence suppressed in your case. This alone may result in a complete dismissal of the charges in your case.
In order to obtain the best representation by a Monmouth County drug crimes lawyer, an Ocean County drug possession lawyer, or a Middlesex County drug defense lawyer, contact the offices of Clark & Clark.
We are experienced with drug crimes including:
• Possession of CDS with intent to distribute
• Possession of a controlled dangerous substance (CDS)
o possession of ecstasy
o possession of heroin
o possession of cocaine
• Distribution of CDS in a public park
• Distribution of CDS in a school zone
• Employing a juvenile in a drug distribution scheme
• Drug trafficking
• Manufacture or cultivation — including marijuana, methamphetamine
• Prescription drug offenses — including Oxycontin (aka Oxycodone), prescription drug abuse
Intensive Investigations Focused on Your Rights
Drug crimes cases will often turn on the presentation of evidence collected by the police through search and seizure processes. We will examine the police report, interview witnesses, and work with experts where necessary to challenge any illegally obtained evidence in your case. In the event that your Fourth Amendment rights were violated, we will seek to have the evidence suppressed in your case. This alone may result in a complete dismissal of the charges in your case. For more information about your rights and search and seizure law, please contact our office
Contact Clark & Clark LLC for a free consultation with an experienced criminal jury trial lawyer in Freehold, New Jersey. We offer aggressive advocacy focused on obtaining positive results if you have been charged with drug crimes.
Free consultations • Credit cards accepted • Weekend appointments and evenings available •24 hour phone availability to both current and prospective clients • Located conveniently next to the courthouse
Attorneys Delivered Profile: East Brunswick New Jersey Drug Lawyer Read More ...

Drafting a Criminal Code for the Maldives

By Paul

Recently some controversy has been brewing with regard to a decision by the University of Pennsylvania�s Law School�s Professor Paul Robinson to cancel his �Criminal Law Theory Seminar� and replace it with the three-credit Maldive project:
�The seminar will revolve around a single project: drafting a new criminal code for the Maldives. The work has been requested by the Maldivian government and is sponsored by the United Nations Development Program. Because the Maldives is by constitutional mandate an Islamic nation and, as a matter of law, all citizens are Muslim, the code will be the world�s first criminal code of modern format that is based upon the principles of Shari�a.
After studying the existing Maldivian criminal law statutes and the criminal law principles contained in Shari�a, student teams will propose criminal code provisions and critique the proposals of others�.
Daniel Pipes and the blogger at LittleGreenFootballs (both of them are noted for their hatred of Islam) have been critical of Professor Paul Robinson�s consulting work. He defends his work saying:
I do criminal code consulting for many countries. A few days ago, one client, China, beheaded a person for embezzlement. (Worse than anything the Maldivians have done.) Should I now refuse to advise them further on what I think a criminal code should look like? Your strategy of willful disengagement seems an odd way of bringing greater justice to the world.
The Maldivians are in the midst great social change. A special parliament called to draft a new constitution met for the first time two days ago; disagreements among the members spilled into demonstrations in the streets�
I do not know how the Maldivian criminal code project will turn out. Like many criminal code projects, it may go nowhere. I have no power other than the persuasiveness of my advice, which, experience tells, is often limited. But is it an enterprise worth undertaking? I would think it shameful to decline.
Here is a Maldivian opposition group alleging the UNDP�s support in assisting human rights abuses in the country and a recent case illustrating the state of the criminal justice system in the country:
Criminal court says case against parliament speaker cannot be looked into
�Referring to the Justice Ministry�s Circular 98/3, a criminal case has to be investigated, and has to be forwarded to the Criminal Court by the Attorney General�s Office, the court said in a press release. The court said that a criminal case filed by an individual cannot be looked into by the court�
For an overview of the current system see the article. It will be interesting to hear from other heavy weight lawyer bloggers on the web: I mean those at the Volokh Conspiracy, Crescat Sententia, Legal Theory Blog, and Punishment Theory amongst others. Read More ...