Jonathan F. Marshall, Author at New Jersey Criminal Defense Law Blog

Middlesex County Pre-Indictment Proceedings

The landscape of criminal defense has definitely changed in Middlesex County over the last few years by virtue of more meaningful pre-indictment proceedings. The approach traditionally taken in criminal cases was to fight as long and hard as possible, and this would translate into the best result to the charges. The Middlesex County Criminal Court, as well as the Middlesex County Prosecutors Office, now takes a much different approach to resolution of criminal charges such that dragging a case out can now have significant negative implications.

The majority of indictable charges in Middlesex County including drug distribution, theft, aggravated assault, and robbery, are listed for pre-indictment hearing. At this hearing, you are supposed to receive the prosecutor’s best plea offer. If you choose to reject the offer, the prosecutor is obliged to indict the accused and the next offer is to be more severe than the pre-indictment offer. The result of this approach is that if a defendant and/or attorney miscalculates the pre-indictment offer, he is not going to have the opportunity to back track and accept the pre-indictment offer.

In order to properly assess whether a pre-indictment offer should be accepted requires experience and knowledge. In this regard, our Middlesex County Criminal Defense Attorneys have over forty (40) years of defense experience in NJ. This knowledge is invaluable in insuring that our clients are properly advised at Middlesex County Pre-Indictment hearings.

By Jonathan F. Marshall|2012-06-07T20:05:19+00:00June 7, 2012|Middlesex County|Comments Off

New Jersey Law for Drivers Under 21 Just Became More Restricted

On Wednesday, Governor Corzine put more restrictive driving laws into effect for young drivers (i.e. those under 21 years old). The new law includes a provision requiring placement of a car decal on vehicles operated by permit holders or provisional license holders. The rules have also been refined to limit the times that teens on a provisional license may operate a car. The law now prohibits operation after 11:00 p.m. The final piece of the legislation prohibits provisional drivers under 21 from operating a vehicle with more than one passenger and this limitation applies irrespective of whether the passengers are related or reside together.

My observations regarding this NJ amendment are multiple. While I am certainly sympathetic as to the horrors of teen motor vehicle deaths, it seems to me that the statute is somewhat unrealistic. To limit children under 21 to one passenger has the real potential for being excessive and having negative effects. This law will also undoubtedly provide additional opportunities for stops and motor vehicle searches as it has been the experience of our NJ Juvenile Crime Defense Attorneys that, at least insofar as it relates to young people, the law against unreasonable search and seizure becomes very grey in the field.

By Jonathan F. Marshall|2012-06-07T20:05:17+00:00June 7, 2012|Juvenile|Comments Off

Shoplifting Turned Robbery in Freehold NJ

I have previously authored articles regarding how a disorderly persons offense of shoplifting can be transformed into a Second Degree Robbery. I just read an article in the Asbury Park Press where a shoplifting charge in Monmouth County was transformed into a Robbery under the circumstances which I previously contemplated.

The shoplifter was attempting to conceal steaks and a sponge, but was apprehended by store employees. The suspect did not, however, submit and attempted to escape. A store employee was injured during the course of attempting to restrain and/or apprehend the suspect. The suspect has been charged with not only shoplifting but robbery. His case is scheduled to be heard in Monmouth County Superior Court.

To reiterate, the use of physical force to effectuate a theft or to escape, is robbery. Robbery is a second degree offense under these circumstances and is punishable by up to 10 years in jail. A parole ineligibility requirement also applies wherein an individual must serve 85% of any sentence before they are eligible for parole. While a robbery is a very serious offense, our NJ Shoplifting Defense Attorneys are often successful in mitigating the jail exposure in cases such as these.

By Jonathan F. Marshall|2012-06-07T20:05:14+00:00June 7, 2012|Shoplifting|Comments Off

NJ Cocaine Distribution Defense Case Study

As a NJ criminal defense attorney, I occasionally find myself in a no win situation. A recent cocaine distribution case arising out of Ocean County and Monmouth County serves as a good example.

We were retained to represent an individual allegedly in possession of approximately 1,000 grams of cocaine. The arrest occurred in Monmouth County but was in conjunction with an Ocean County task force investigation. The incident took place almost a year ago now and a bail motion failed to succeed in reducing bail below $1.0 million.

For approximately one year now, I have been attempting to get the Ocean County Prosecutor’s Office to move on this distribution of cocaine case. I am in a difficult position, however, as the prosecutor on the case is threatening to indict my client on a kingpin charge. If I press the prosecutor too much, I can count on a kingpin indictment yet my client and his family are all over me to do something. Do I file a motion to suppress and virtually assure that my client is exposed to the potential for a life sentence under the kingpin statute or do I continue to calm the client and his family.

Heavy cases involving distribution of cocaine in New Jersey can be both complex and exciting to handle. There are often interesting legal issues which work their way into these cases, however, the flip side is that prosecutors typically take a hard line with significant weight cocaine charges. This is precisely the dynamic facing our NJ cocaine distribution defense attorneys in this case.

By Jonathan F. Marshall|2012-06-07T20:05:14+00:00June 7, 2012|Monmouth County|Comments Off

Marijuana Defense Site Is Now Live

Over the years of defending individuals on criminal charges, it has become readily apparent that NJ Marijuana Possession and NJ Marijuana Distribution are the most frequently encountered drug charges in the state. Notwithstanding, no where is there a comprehensive source of information concerning marijuana offenses. We therefore developed a website dedicated solely to marijuana issues such as possession, distribution, school zone charges, and possession of marijuana in a motor vehicle. The site is titled NJ Marijuana Defense Lawyers and we hope readers find the information beneficial. While the site covers considerable subject matter, many questions may remain unanswered. The NJ Marijuana Defense Attorneys at our firm are available to answer questions and supplement the content found on the marijuana website.

By Jonathan F. Marshall|2012-06-07T20:05:14+00:00June 7, 2012|Marijuana Defense|Comments Off

NJ Prostitution & Lewdness Law as Applied to Craigslist

We have previously written regarding the involvement of Craigslist in the prostitution industry. The heat had been on the internet media giant for allowing ads to be posted for casual encounters and other sexually oriented liaisons. The position was traditionally that internet advertisers were immune from any criminal culpability or civil liability stemming from promoting prostitution or lewd conduct. The pressure just got turned up even higher for the internet company as a result of the Craigslist killer case.

There is no doubt that the ads reflected on Craigslist are intended by the poster to attract prostitution and lewd conduct. There really is no room for debate on this issue in my mind. Notwithstanding, what obligation does a publisher have for the voluntary acts of adults? Indeed, ads like those on Craigslist have been commonplace in print newspapers like the Asbury Park Press and Star Ledger for decades. Where do we draw the line?

The answer to this issue can be found in the NJ Prostitution Law itself. For example, N.J.S.A. 2C:34-1 criminalizes conduct that facilitates the payment of compensate in exchange for the performance of a sexual act. The law sets forth varieties of acts which promote prostitution including maintaining a business of prostitution, procuring a prostitute for another, inducing someone to become a prostitute, soliciting someone to use a prostitute, transporting a prostitute, or providing property to conduct a prostitution enterprise. A review of these provisions fails to identify a violation under New Jersey law by Craigslist. Accordingly, the only real way to hold an entity like this criminally culpable would be some loose theory that, by virtue of allowing advertisements to be posted, they are promoting prostitution. I hope one can appreciate that we may be talking about morality here as opposed to legality.

By Jonathan F. Marshall|2012-06-07T20:05:13+00:00June 7, 2012|Prostitution Solicitation|Comments Off

Monmouth County Traffic Stop Leads to Huge Drug Bust

An Asbury Park NJ couple was stopped for a routine traffic violation but things escalated from there. Police claim that an ensuing search of the driver, passenger and vehicle, yielded discovery of 40 bricks of heroine. A subsequent search of the apartment of the suspects resulted in seizure of another 60 bricks of heroine, two kilos of cocaine, and $425,000 in cash. Bail has been set at approximately $950,000 and $700,000 for the defendants.

In accordance with N.J.S.A. 2C:35-5, possession of in excess of five (5) ounces of cocaine is a First Degree Crime. The same holds true where someone possesses, with intent to distribute, more than this amount of heroine. These two suspects are obviously well over the threshold for a First Degree Offense. The jail exposure would be, at a minimum, ten (10) years and the Brimage guidelines automatically apply given the First Degree charges. This means that parole ineligibility and extended term provisions shall also apply in these cocaine and heroine cases.

As I read the newspaper articles, the circumstances of the searches appear, however, somewhat cryptic. This usually means that the underlying facts are tenuous. Experienced NJ Cocaine Distribution Attorneys are going to be a necessity if these defendants are going to have any chance of mitigating these charges

By Jonathan F. Marshall|2012-06-07T20:05:13+00:00June 7, 2012|Drug Offenses|Comments Off

NJ Bail Rules for Immigrants & ICE Holds Are Under Consideration

One of the hottest issues confronting the NJ criminal justice community involves the impact that convictions and arrests have on those who are illegal aliens, green card holders, or who are here under a student visa. There are a number of problems which arise for these individuals including, but not limited to, whether the individual may be bailed out in the normal course or whether an ICE detainer applies. The situation can obviously get very complicated and the NJ Supreme Court is now considering exactly how the situation should be handled as shortcomings in the current system cut both ways.

Typically, our NJ Bail Attorneys are retained to assist in getting someone bailed out because they want to remain in the US and New Jersey. However, there are also those instances where an individual is facing severe charges in NJ such that he would rather be deported than face the prospect of sitting in a New Jersey jail for years. While County and State law enforcement have worked hard to prevent suspects from slipping through the cracks and escaping prosecution by virtue of deportation, the system has its flaws. There are also those instances (this is the majority of cases) where a non-citizen sits in jail on a ICE detainer for days or even months on a very minor charge.

The Supreme Court of NJ just heard arguments in a case involving these complex deportation issues. We can only hope that uniform policies shall be set by the Court such that there is more predictability in the system.

By Jonathan F. Marshall|2012-06-07T20:05:13+00:00June 7, 2012|Bail|Comments Off

Cranford Criminal Lawyers Relocate Union County Office

The attorneys at our firm have been defending individuals throughout New Jersey for almost two decades now. A major focus of our practice involves Union County Superior Court and Union County Municipal Court criminal matters. We have relocated our office to accommodate our growing practice and the needs of our clients in Union County.

Our new office is located at 216 North Avenue, Cranford, NJ. We are located less than a mile from Exit 137 of the Garden State Parkway, and within a few hundred yards of the Cranford Municipal Court. Our criminal defense attorneys shall continue to be available 24/7 at 1-877-450-8307 to serve the needs of those seeking assistance in Union County.

Our Cranford office shall handle cases in Union County Superior Court, and shall continue to serve as Cranford Criminal Defense Attorneys. Our practice takes us into Municipal Courts in Union County like Clark, Cranford, Roselle, Elizabeth, Linden, Westfield, Plainfield, Rahway, Mountainside and Garwood, almost daily. We welcome telephone calls and other inquiries regarding are services. Initial consultations with our lawyers are always without charge.

By Jonathan F. Marshall|2012-06-07T20:05:12+00:00June 7, 2012|Union County|Comments Off

Official Misconduct Charge Will Ultimately be Dismissed Against NJ Worker

It might be hard to believe but thousands upon thousands of our tax dollars were recently expended in an attempt to convict an Emergency Management Official for “stealing” $7 in gas. The official had borrowed the vehicle of a County co-worker when his work vehicle broke down. He replenished $7 worth of gas in the co-worker’s vehicle using the County gas pump as he believed it was appropriate insofar as he utilized the gentleman’s vehicle for County business. The County took issue with this claim and also felt that this conduct was improper irrespective of its factual accuracy.

Coincidentally, the suspect also had an unrelated run-in months earlier with a high-ranking County official. Had the suspect been convicted, he would have been required to forfeit any ability to obtain public employment. It is unclear as to whether the suspect shall be able to keep his State pension.
The aforesaid charge will be dismissed by virtue of Pretrial Intervention (“PTI”). This program allows individuals to avoid a criminal conviction through admission into this diversion program, commonly referred to as PTI. Provided the County worker completes one (1) year in the program, which basically involves probation, his charge will be dismissed.

The PTI program is very effective in NJ. Our NJ Pretrial Intervention Lawyers represent many individuals every year on successful applications for admission to Pretrial Intervention. This program is a success from everyone’s perspective when an individual receives an order of dismissal upon successful completion.

By Jonathan F. Marshall|2012-06-07T20:05:12+00:00June 7, 2012|Pretrial Intervention|Comments Off

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