Prosecutor Wants to Forfeit Your Car, Cash, or Home Once Charged With a Crime

Contesting Civil ForfeitureMunicipalities that are strapped for cash have turned to some fairly creative methods of generating revenue. One method is police and prosecutors seizing and forfeiting cars, boats, money, computers, guns and even homes that were “used in, or facilitated a charged criminal activity”. Although many cases involve significant crimes and the forfeitures are justified, far too often persons charged with fairly low-level drug sales or purchases are routinely having their cars and homes seized. These fines and forfeitures are often used to supplement local and state budgets, including those of the very agencies that seized and forfeited the property. They also have produced complications in the area of criminal defense as those charged with crimes must not only defend their freedom but also their property.

Being indicted on any criminal offense is a serious situation. The legal system can be very intimidating and the potential for loss of freedom, finances and property is enough to cause anyone worry. However, even if you have been charged with a crime our Constitution grants us all the right to be free of excessive fines and protects our property from unfair and unwarranted government seizures. The law firm of Kamensky, Cohen & Riechelson has more than four decades of experience defending clients who are facing criminal charges and civil forfeiture across New Jersey and Mercer County areas. Our attorneys will help you through the often complicated legal process with the goal of defending your freedom, your property and your finances.

Contact us online or call us at (215) 337-4915 today for a free and confidential consultation with a member of our experienced and skilled legal team.

Problems With Mercer County Civil Asset Forfeiture

The problem is that many Civil Asset Forfeitures may be extremely excessive when compared to the criminal activity charged in addition to exceeding the financial penalties that the law dictates for a particular offense. In a current case before the U.S. Supreme Court , Timbs v. Indiana, the defendant pled to one count of dealing. He was sentenced to a year of home detention, five years of probation, and $1,200 in fines and court costs which is normal for this type of case. However, in a separate civil forfeiture proceeding, the State sought to forfeit his expensive Land Rover asserting that it was used in the commission of the crime. The value of the car was well over $42,000. The trial and appellate courts held that the forfeiture was excessive, disproportionate to even the maximum fine of $10,000 under the drug statute. The Indiana Supreme Court, however, reversed and allowed the forfeiture. The U.S. Supreme Court must now decide whether the excessive fines clause in the Bill of Rights applies to the states.

Civil Asset Forfeiture Expanding Across New Jersey

Every day across New Jersey and elsewhere, local and state law enforcement seize cars, homes and other property they allege were used in or facilitated criminal activity – whether that consists of relatively minor drug sales, transportation of stolen property or other crimes involving the “use” of the car. Even if the person charged is admitted into a pretrial diversion program or receive probation and a minor fine, the government may still proceed to forfeit their property civilly or as part of the criminal sentence. That forfeiture is often grossly disproportionate to the underlying criminal charges.

The ACLU in New Jersey compiled data, from January through May 2016, and found that police departments in New Jersey seized $5.5 million in cash over that time period, along with 234 cars as well as several homes.

Contact our Experienced Mercer County Civil Asset Forfeiture Attorneys Today

The criminal defense attorneys of Kamensky, Cohen & Riechelson have extensive experience defending clients from unfair, unwarranted and excessive civil asset forfeitures in Mercer County including Trenton, Lawrence, Princeton, and Pennington NJ. Our firm believes in aggressively defending our clients freedom, rights and property. You can rely on the experience we have cultivated since opening our doors in 1972.

For a free and confidential consultation regarding your case, please contact us online or through our Trenton offices by dialing (215) 337-4915 today.


Video – Drug Crime Attorney in Trenton, NJ

Because law enforcement takes any violation of drug laws extremely seriously there is no such thing as a “minor” drug charge in New Jersey or Pennsylvania. If you are found by police in possession of even a single marijuana joint or evidence of drug paraphernalia in your vehicle, you may be arrested and charged with very serious drug possession offenses. These are offenses that can carry some very strict penalties.  Moreover, in drug cases prosecutors will often seek maximum punishments.  A conviction could lead to significant prison time, stiff fines as well as a permanent criminal record that be very damaging to your life going forward.

The esteemed law firm of Kamensky Cohen & Riechelson has a proven track record of success and more than 40 years of experience handling drug crime cases in New Jersey and Pennsylvania. Our lawyers have successfully defended numerous clients against charges of drug possession and drug distribution throughout Mercer County, including Lawrence, Princeton, and East Windsor. Our legal team is comprised of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915

Common Drug Offenses Mercer County Drug Offense Attorneys

Being arrested for drug possession or drug distribution in New Jersey is serious. Seeking representation from an experienced lawyer as soon as possible should be your first step. Do not give any statements to the police without first securing qualified legal counsel. Kamensky Cohen & Riechelson handles drug crime cases in New Jersey courtrooms regularly. Some of the most common drug charges that we have successfully defended clients against include:

Trenton Drug Offense Attorney Discusses Drug Charges and Penalties

Drug penalties have increased dramatically throughout the years, what used to be minor offenses are major offenses and it’s really important that we get ahead of that game do our investigation before the police have nailed down every witness and done every bit of their investigation.

It’s my job to get to work and build a real case that defends you, we need to get the witnesses on our side, what we need to do is show the prosecution that we’ve got a strong case, because our strong case makes their case a weak case that’s when we bring them to their knees instead of them bringing you to your knees.

When you call us, we’ll get to work for you. It’s a wide range of drug problems it’s a wide range of drug prosecutions they all take a little bit different approach we know the approach, know the prosecutors and we know what to do to get you the best outcome possible.

Contact Our Mercer County and Bucks County Criminal Defense Attorneys Today

Since 1972, we have defended clients in Trenton, Princeton, Lawrence, Hamilton, New Brunswick and all over Mercer County NJ as well as Bensalem, Northeast Philadelphia, Levittown, Feasterville, Millbrook, Penndel and all over Bucks County PA, from all types of drug related charges.

Kamensky Cohen & Riechelson is a highly experienced firm skilled at getting results for our clients. Our legal team is made up of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Our team of lawyers includes a certified trial attorney who has been selected for inclusion in the prestigious NJ “Super Lawyers,” meaning they are in the top five percent of all New Jersey lawyers. We are led by Jerrold Kamensky, and our accomplished and top notch team of attorneys are second to none and have a proven record of success defending our clients against criminal prosecution. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915


Sentencing Changes for 3rd Time DWI Mercer County NJ

Changes in Sentencing for Third Time DWI OffendersA third driving while intoxicated charge in New Jersey means a non-negotiable sentence of 180 days in jail if convicted.  This portion of the penalties is unavoidable if you are found guilty of repeat drunk driving offenses. Recently, an Appellate Court in New Jersey clarified the requirements of third DWI jail time. Specifically, the New Jersey appeals court ruled that those individuals convicted of third and subsequent DWI offenses in New Jersey no longer qualify for programs that allow them to serve their jail sentences intermittently. Intermittent jail time means serving a few days a week in jail until the completion of your sentence. It is often referred to as “weekend jail”, “weekend service,” or “periodic service”.

Kamensky Cohen & Riechelson is a highly respected law firm with a strong record of success in DWI cases. Our firm has more than 40 years of experience defending clients against DWI charges throughout New Jersey. Our mission is to provide clients with the best possible outcome to their case, which is why you can count on us for legal representation of the highest quality. With our team of criminal lawyers and highly trained litigators, lead by Brian McCauley, we will gather evidence, examine the facts, and prepare for litigation if a jury trial becomes necessary. We understand the gravity of the situation given the fact that your freedom could be at stake, so our team will do whatever it takes to help you acheive the most facvorable outcome. Contact us online or by phone at (609) 528-2596 today and begin preparing for the rest of your life.

3rd DWI Sentencing Case Overturned in NJ

The case involved Newark restaurant owner Pedro Anicama, who had been convicted of his third DWI in 2015. A Municipal Court judge modified his mandatory 180-day jail sentence following his conviction to allow him to serve two days a week in jail. The judge came to this conclusion and sentence because he recognized the negative impact a 180-day jail term would have on his business if he were obligated to serve consecutive days. Using his discretion the judge allowed allowed him to serve two days at a time.

However, shortly after Anicama’s sentencing, the State filed an appeal and took the case before a Superior Courty. A Hudson County Superior Court judge reversed the decision of the lower court. Upon reaching a New Jersey appeals court, the panel was in agreement with the Superior Court judge’s decision and overturned a prior ruling in the case of State v. Grabowski (388 N.J. Super. 431 (Law Div. 2006)).

Judge George Leone, of the New Jersey Appellate Division, wrote the Appellate Court’s opinion, stating: “We disapprove Grabowski and hold that a third or subsequent DWI offender is ineligible for periodic service of the mandatory 180-day sentence. Weekend service is not an option. Nowhere is there any indication the legislature intended to weaken the penalties for third or subsequent DWI offenders by allowing them to be periodically released before they have served the 180 days.”

Harsh Penalties for Mercer County Residents Convicted of Third DWI

In short, the court ruled that the jail sentence for a third DWI offense may not be served periodically. This will represent a significant change in the lives of those convicted of third and subsequent DWI charges in Trenton, Hamilton, Jackson, Mercer County and across New Jersey. Spending 180 days in jail can impose a complicated and significant burden on work life for business owners, managers, and employees alike.

A mandatory jail sentence for third DWI offenses is accompanied by a host of other very severe penalties, including a $1,000 fine, an ignition interlock device installed on your vehicle, and the suspension of your driver’s license for 10 years. These penalties are fixed, meaning you cannot negotiate a plea to a lesser sentence for DWI if convicted in New Jersey.

Speak With Our Mercer County NJ DWI Attorneys

Please do not make the mistake of trying to represent yourself in a drunk driving case. DWI is a serious issue and the law is incredibly complicated and involves a number of procedural and fact based issues. It is critical to have a knowledgeable and experienced advocate in your corner. The experienced DWI attorneys at Kamensky Cohen & Riechelson have worked with clients in Trenton, Princeton, Lawrence, Hamilton, New Brunswick as well as all over Mercer County New Jersey. The Criminal Defense Team are uniquely positioned to fight your charges and help you avoid the most serious penalties as well as help you retain your driving privileges. Please Contact us online or by phone in at (609) 528-2596.


Criminal Defense Attorneys in Trenton, NJ


Experienced Criminal Defense Attorneys Mercer County

Our firm has been practicing criminal law for about 40 years.  The members of this firm have been everywhere in the criminal courts.  We’ve handled 10 defendant murder cases, we’ve handled the lowest traffic ticket and everything in between. If you have been approached the police, by a prosecutor or any prosecuting authority, politely decline to discuss the matter until you have spoken to your attorney. People sometimes feel that that draws attention to them, that they’re going to look guilty. The truth of the matter is that if they are talking to you they’ve got a reason to do that. they believe that you know something or have done something wrong.

Criminal law is a fact sensitive operation. You want to get ahead of it. You want to know what people are going to say and quit frankly you want them to say to our investigator before they say it to the prosecutor’s investigating team.

If you are unfortunate enough to be faced with the possibility of a criminal investigation or criminal charge the one thing you’ve got to do is come to us right away so we can do what ever needs to be done early on and protect you.

Lawyers Experienced in Defending People Accused of Crimes in Trenton and Surrounding Communities

Kemenksy, Cohen & Riechelson is a law firm that has years of experience defending clients accused of a myriad of different types of crimes in Trenton and communities across Mercer County. Crimes such as theft, traffic violations, weapons chargesdomestic violence, homicide, assault, driving while intoxicated, public order crimes, property crimes and many more. In addition we work in the area of expungement and record sealing.

Contact the New Jersey and Pennsylvania Criminal Defense Lawyers at KCR for Assistance

If arrested for a criminal offense in New Jersey or Pennsylvania, good legal representation is absolutely critical. Decisions made at this important time may affect the rest of your life therefore sound advice from an experienced advocate can make all the difference. The best chance of avoiding serious criminal penalties is to hire an experienced lawyer to represent you and fight your criminal charges.

The experienced and compassionate criminal defense lawyers at Kamensky Cohen & Riechelson look forward to speaking to you about your case and helping to guide you through this difficult process. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915.




4 shot, Child Injured by Dirt Bike in Trenton Assault

Mercer County Gun Charges / Injury Claim as Child FleesA group of individuals gathered on Union Street in Trenton and turned it into a scene of gunfire that left 4 people shot and one child injured after being struck by an assailant fleeing on a dirt bike.  Though the crime rate in Trenton has has had a downward trend for the past 18 years, and that trend is expected to continue through 2018, Trenton has been the scene of several shootings in the recent past. This latest incident could leave the accused facing several criminal charges and even involve a personal injury claim for the child who was struck in an attempt to get away from danger by fleeing suspect(s).

The skilled lawyers at Kamensky Cohen & Riechelson have served our clients in Trenton, Princeton, Lawrence, Hamilton, New Brunswick, all over Mercer County and North Philadelphia in both types of cases, Personal Injury and Criminal. If you or someone you know has been injured due to the criminal act of another, the law recognizes not only criminal penalties but allows one to seek civil action to receive compensation for your injuries whether they be physical or emotional. Our dependable lawyers have significant experience handling personal injury claims for clients across New Jersey and Pennsylvania.

If you or someone you know has been arrested on weapons charges, drug charges, domestic violence, or any other criminal offence, Kamensky Cohen & Riechelson is the law firm with the experience you need in your corner.

Mercer County Gun Charges / Injury Claim as Child Flees

According to police four people were wounded and a child was struck by a dirt bike during a shooting in Trenton on Saturday night.  The injuries ranged from minor to serous with alt least one of the shooting victims in critical condition.

Trenton Police Lt. Stephen Varn reported that a group had gathered at the end of Union Street at about 8:30 when several dirt bikes and at least one ATV approached and began shooting.  It is possible that at least some in the group returned fire.

A woman and two men, none of whom were identified, were hit by gunfire and transported for treatment at Capital Health Regional Medical Center.  A fourth victim managed to travel several blocks before collapsing.  He was also transported to Capital and is listed in critical condition.

As the group of perpetrators fled, one of them struck a 7-year old boy, who was attempting to flee the violence, with a dirt bike causing significant injuries to the child.  Though the investigation is ongoing Varn reported that the authorities have already recovered two dirt bikes and a handgun.

Criminal Lawyers and Personal Injury Attorneys Under One Roof

KCR is here to help you and your loved ones no matter what the circumstance

From a legal standpoint there are several possible charges waiting for these assailants when they are caught.  Weapons charges, from illegally discharging a firearm in a public place to possession of a firearm for unlawful purpose will almost surely be among them. Furthermore there were several vehicle violations including reckless driving and leaving the scene of an accident. However the most serious charges they could be facing would be the several counts of attempted murder and reckless endangerment.

The family of the 7-year old who was struck by the dirt bike would also be within their rights to pursue a personal injury claim and restitution against the driver of the bike that struck him. Restitution is the money a judge orders the offender to pay to the victims to compensate them for expenses related to the crime.  Restitution can be ordered in both adult and juvenile cases as part of the offender’s sentence.  It is important to note that an order of restitution does not preclude a victim from seeking a separate civil personal injury claim based on the same facts and events. It is for this reason one should consult a qualified and experienced attorney before agreeing to any settlement or restitution.

Contact The NJ & PA Criminal Defense and Personal Injury Attorneys At KCR for Assistance

If you or someone you know has been arrested for a criminal offense or suffered injury as a result of a crime or negligence, experienced and skilled counsel is critical. Having a qualified attorney to fight for you can make all the difference as it relates to your life and your freedom.  The attorneys at Kamensky Cohen & Riechelson look forward to speaking to you about your unique circumstance and helping to guide you through a potentially difficult time. Contact us online or via phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915.