Memorial Day weekend is upon us, and Summer is around the corner at the Jersey Shore. We think of this as a time to party and relax. Unfortunately, this is also a time of increased scrutiny and arrests, particularly at the Gateway National Recreation Area and Gunnison Beach, located in Sandy Hook, in Monmouth County, New Jersey.

Normally, arrests for such relatively minor offenses as lewdness and possession of small amounts of marijuana, possession of drug paraphernalia, and driving under the influence of drugs or alcohol are resolved in the local state courts. However, Sandy Hook is different. Because it is federal property, any criminal conduct which occurs at Sandy Hook results in a federal criminal charge. This requires that the matter be defended in the United States District Court in Newark, New Jersey.

These charges carry possible jail time, fines and penalties, and federal probation. Further, federal criminal charges cannot be expunged. Because of these possible ramifications, and the effect that a conviction may have on your employment, school prospects, and your life generally, it is important that you hire an accomplished criminal defense attorney to fight for your rights in court. We have successfully defended many professionals – indeed, saved their careers – with our aggressive advocacy, informed by years of experience.

Since nude bathing is permitted on Gunnison Beach in Sandy Hook, there is a high incidence of sexual activity as a result. Federal park rangers relentlessly scan the area for sexual conduct, using binoculars to focus on individuals in order to observe their actions. They also look for those using banned substances.

Federal rangers, upon observing what they perceive to be sexual conduct, will issue a Violation Notice charging an individual with Public Lewdness, pursuant to Code of Federal Regulations Section 36 C.F.R. 7.29c, a federal crime. To be found guilty of federal public lewdness at Sandy Hook, the government must prove that a person intentionally exposes the private and intimate parts of his body in a lewd manner or commits any other lewd act in a public place.

The criminal lawyers of Schwartz & Posnock will aggressively defend you should you choose to proceed to trial. Defenses to a lewdness charge include the fact that an incident may have occurred not in a public place, but in an isolated area. Another possible defense is that the accused person was clothed, and thus did not expose himself. We will vigorously fight for your rights at trial, cross-examining the federal ranger and his alleged observations, and presenting witnesses on your behalf. We will work to obtain a diversion for you, so that you will not have a criminal record. Should you choose to resolve the case by way of a negotiated plea agreement, we will negotiate a reduction in your charges to a disorderly conduct offense, which carries lesser consequences than the federal charges.

If you are charged with a drug-related offense, we will fight for you, making motions to exclude evidence, challenging lab analyses, and taking your case to trial if you so choose. We will also explore the possibility of having the charges against you diverted, so that you can avoid a criminal record.

For individuals who are facing prosecution or sentencing in the federal District Courts of NJ, the NJ Municipal criminal or traffic courts, the Superior Courts of New Jersey, or who are appealing their criminal matters before the United States Court of Appeals for the Third Circuit, the New Jersey Superior Court, NJ Appellate Division, or the Supreme Court of New Jersey, it is critical to have an experienced Federal, State and Municipal Court New Jersey criminal and traffic defense attorney represent you. The experienced criminal defense lawyers of Schwartz & Posnock appear in all Federal, State, Municipal criminal, and traffic courts in New Jersey, and have convenient locations in Monmouth County (Eatontown), Essex County (Livingston), Union County (Linden), and Middlesex County (East Brunswick). Call us at 732-544-1460 or email us at info@schwartzposnock.com to schedule an appointment.