Should this man be let out of jail on bail?
Jan 26th, 2009 | By Michael L. Saile, Jr., Esq. | Category: Blogs, DUI-DWI-DAI (Drunk Driving)In the early morning hours of Sunday, January 11, 2009, Matthew Tubertini of Camber Lane, Mount Laurel, NJ was involved in a one-car NJ car accident on Walton Avenue and charged by police with NJ DWI (Driving While Intoxicated). After being arrested and taken down to the Mount Laurel, NJ Police Headquarters, Tubertini was released with a NJ DWI summons.
However, Matthew Tubertini made his way back to the Mount Laurel Police Headquarters a few hours later on his own carrying a baseball bat, which police believe he planned to wield in order to damage police property, including police vehicles, and to perhaps threaten police officers.
In the end, Tubertini was charged with two counts of NJ DWI, possession of a weapon, possession of a weapon for unlawful purpose, and attempted criminal mischief. He was held in the Burlington County jail after this second NJ DWI arrest (in one day), with bail set at $15,000.
In most criminal cases, defendants have the right to be released on bail.
There are a lot of questions here. First off, the man could not have been released on his own recog, unless somebody signed for him, or at leasted picked him up, and even not signed the form to accept responsibility. I find it hard to believe the police would release a drunk person without the release sheet being signed by the person taking custody. Certainly, If the man was this upset about the DUI arrest, the police would have known ,,,,what are they claiming, they have an eagle eye and keen awareneess about everything, but had no idea this man was extremely distressed and drunk at the time he was released?
I am not sure they can prove intent with the baseball bat, without having to go into a myriad of legal iossues, that would cloud the entire affair, …. this man needs a defense attorney willing to take the case to the bench, and probably to a jury now, as it seems the charges may be indictable, ….
I have to believe the police did something to set this man off like this. Maybe the initial DUI was made up, … maybe the police egged him on, maybe a lot of things occured that should not have, under the constitution, …
This man could have been acting under severe emotionaL DISTRESS, and therefore not responsibkle for his actions after he was released.
We know, that if a person came to pick him up, and signed the form, that this person is responsible for the actions of the dui arrested person, for a perios of at least 12 hours in nj I think.
Let me think about this further, ….. there are a myriad of issues here.
but on the face of it, knowing how bad the police are, yes, the man deserved to be released on bail.
maybe, one of the officers is on a baseball or softball team, and the defendant wanted to give him his bat. Maybe the defendant wanted to turn over the bat as evidence in another crime. It is not clear the defendant had intent to use the bat as a weapon. In the strictest definition of the law, I think these charges should be dropped, even the 2nd dui. It is a continuation of the first DUI. Furthermore, the person that signed the release sheet, probably has opened his/her self up to civil litigation by the defendant. Very intresting case.
I think the paper signed by the person taking custody of the defendant, at the time of his release, probably protects him from his actions after the release up to 12 hours. I do not know that their is case law on this, .. but then what is the purpose of the sheet anyway? oF COURSE, THERE IS ALSO A SECTION AT THE BOTTOM OF THE SHEET, WHICH STATS THAT THE PERSON WHO CAME TO PICK UP THE ARRESTED PERSON REFUSED TO SIGN IT, THEN THE POLICE OFFICERS SIGNITURE WOULD APPEAR IN THAT AREA, …. in this case, the police are responsible for releasing a very emotionaly disturbed drunk person. Either way, I think the defendant gets out of this, if there is a defense attorney in NJ willing to take this all the way to the supreme court. Not to mention, that the NJ sUPREME cOUIRT ALREADY BELIVES THAT NOT ALL ONE CAR ACCIDENTS ARE THE FAULT OF THE DRIVER. WHICH IS A SIDE ISSUE .
Hello, I would like to start out by saying that I do not have a degree in law (though I do find it fascinating). i do however know this individual personally. We haven’t spoken since the incident but I can almost assure you that he would never carry out inflicting harm on anyone. I know that sounds cliche but it’s true. He’s a good hearted guy who would do anything for anyone. It’s funny too that someone suggested he might be bringing a bat for baseball/softball purposes. Well it’s true he plays softball. If anyone else has any suggestions that maybe I can pass on to him it would be greatly appreciated. I am really hoping for the best for him.
First off Jim, Where did you get your law degree? They apparently did not teach you how to spell (double check your writing). It sounds as if you are the victim here? Where you there? Are you a cop? You seem to know everything about everything. Hey maybe the “victim” made threats, suppose there is documentation showing that the Potential Liability Warning Form was signed by a responsible adult. Hey did you ever think this victim’s BAC level was well over the legal limit? Of course you don’t think so, COPS are bad right? You are so pathetic and your knowledge of the law is embarrassing.
Yo Jim,
First off, stop drinking and driving Jim. Second, what officer would release someone without another person accountable for that person under the influence. Maybe you should look more into this case and see that person was charged as well. Any person who attempts to carry out an act of driving to a police department with a bat to harm an officer and who already made threats to do same should and did get charged accordinally. Jim I hope your not a cop or a lawyer. Oh yea, there is case law on this, try opening up a book.
Highway Patrol out..
OBVIOUSLY THE POLICE DID SOMETHING REALLY BAD TO THIS GUY. WHAT MORE CAN BE SAID.