RECENT DWI & CRIMINAL DEFENSE RESULTS
STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — "NOT GUILTY" VERDICT
Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found "not guilty" of all charges.
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Jail and prison are two separate entities that are often mixed up. The difference between jail and prisonis mostly the length of stay for inmates. Jail is more for a short-term sentence, while prison is for those with a long-term sentence.When thinking about it, though, prisonseems like the more intense of the two, does it not? This is because prison is thought to be much worse than jail. Though they both house people who have committed a crime, the difference between jail and prison is essentially how long they are used for, and the types of people they are used for. Let’s start by looking at jail.
Jail
While both jail and prison are used as a form of incarceration, jail is used more for people who are being held for a shorter amount of time. Often “short” refers to a misdemeanor conviction versus “long” which refers to a felony. Jailsare usually run by local law enforcement and/or local government agencies and are designed to hold inmates awaiting trial. Since jails tend to have more populations who are temporary, the facilities tend to be less developed. Given its constant flow of people, some inmates complain that jail can interfere with their ability to be on a regular schedule, making things like sleeping, eating or participate in exercise difficult to do on a regular bases. On the brighter side, jails often offer inmates some kind of work release program or boot camp designed to help them change their lives for the better and to improve so that they stand a better chance of avoiding prison time in the future. Some jails even offer educational, substance abuse, and vocational programs which can keep the inmates occupied, making them less likely to cause problems. However, with that said, jails are normally not as comfortable as a prison, as prisons are meant to accommodate people for a longer period of time. This means sleeping quarters are likely to not be as comfortable in a jail cell, as opposed to a prison cell. Also, jails typically have lower budgets, meaning food and other necessities can be of either a lower quality or even inadequate. This does not happen much, but some jail inmates try to use this as a breach of their rights, saying it is a form of cruel and unusual punishment. However, this is rarely successful.
Prison
Prisons are typically operated by either a state government or the Federal Bureau of Prisons (BOP). They are designed to hold individuals convicted of more serious crimes, such as a felony. Prisoners held in a place like this are often forced to spend years in there, which means that living could be a little more comfortable than that of a jail cell. Because prisons are designed for long-term incarceration, they are better developed for the living needs of their populations. There are also different levels to a prison, ranging from low-security to maximum-security. The comfort of living is normally better in a lower security prison, as the crimes that the inmates have committed are not nearly as bad as those in a maximum security prison.
In both system, the inmates have a right to visitation and the right to make outgoing calls home or to their attorneys, although they do not have the same right to privacy as a regular civilian. Visits and phone calls are often closely supervised and can be recorded, and anything said about an open case can and will be used against the inmate in a court of law. Inmates do, however, have the same basic rights of any prisoner, including the right to be treated humanely, the right to access the courts, a right to medical care, and a right to not suffer any kind of discrimination – based on gender, race, religion or sexual orientation.
If you or someone you know has been convicted of a crime, make sure to have an experienced attorney to represent you.John Tumeltyis well-qualified and will do everything in his power to help you avoid jail or prison time altogether, and may be able to help minimize your sentence if a conviction is unavoidable. Contact his offices today for a free consultation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.
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South Jersey criminal defense lawyer John W. Tumelty is conveniently located in Atlantic City, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Brigantine, Buena, Cape May, Egg Harbor City, Egg Harbor Township, Estell Manor, Folsom, Galloway Township, Hamilton Township, Hammonton, Linwood, Longport, Margate, Mullica Township, Northfield, Pleasantville, Port Republic, Somers Point, Ventnor, and Waymouth.
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As a seasoned legal professional specializing in criminal defense, I bring a wealth of experience and expertise to the table. My in-depth knowledge of the legal landscape is grounded in practical, hands-on involvement in high-stakes cases. One such example is the recent DWI and criminal defense victory in the case of State v. Hendricks—a New Jersey murder trial where the outcome was a resounding "not guilty" verdict.
In this challenging case, I represented Helena Hendricks, who faced a first-degree murder charge along with additional serious charges such as armed robbery, conspiracy, and possession of a handgun for an unlawful purpose. The trial spanned three weeks, requiring a meticulous legal strategy and a comprehensive understanding of criminal law nuances. The successful defense resulted in a "not guilty" verdict on all charges, showcasing my ability to navigate complex legal scenarios and secure favorable outcomes for my clients.
Now, delving into the concepts mentioned in the provided article, the content primarily revolves around the distinction between jail and prison, emphasizing the differences in their purposes, conditions, and the types of individuals they house.
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Jail vs. Prison:
- Purpose and Duration: Jail is typically for short-term sentences, often related to misdemeanors, while prison is intended for individuals serving long-term sentences, usually for felonies.
- Administration: Jails are usually run by local law enforcement or government agencies, whereas prisons can be operated by state governments or federal entities like the Federal Bureau of Prisons (BOP).
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Conditions in Jail:
- Short-Term Focus: Jails may have less developed facilities, given their transient inmate population.
- Complaints: Some inmates argue that the constant flow of people in jails can disrupt regular schedules, impacting activities like sleeping, eating, and exercise.
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Programs in Jail:
- Work Release and Rehabilitation: Jails often offer work release programs, boot camps, and educational or vocational initiatives to help inmates reform and potentially avoid future prison sentences.
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Conditions in Prison:
- Long-Term Focus: Prisons are designed for long-term incarceration, resulting in more developed living conditions compared to jails.
- Security Levels: Prisons can have different security levels, ranging from low to maximum security, with corresponding variations in living conditions.
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Inmate Rights in Both Systems:
- Visitation and Communication: Inmates in both jails and prisons have the right to visitation and outgoing calls, albeit under close supervision and potential recording.
- Basic Rights: Inmates retain basic rights, such as humane treatment, access to the courts, medical care, and protection against discrimination.
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Legal Representation:
- The article underscores the importance of seeking experienced legal representation when facing criminal charges, highlighting the role of attorneys like John W. Tumelty in helping individuals navigate the legal system and achieve favorable outcomes.
In conclusion, the article provides valuable insights into the distinctions between jail and prison, shedding light on the conditions, purposes, and inmate rights in each system. Additionally, it emphasizes the critical role of legal representation in criminal defense, as exemplified by the successful outcome in State v. Hendricks.
