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New Jersey Criminal Defense Law Blog

New Jersey Criminal Defense Law Blog

About Jonathan F. Marshall

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So far Jonathan F. Marshall has created 282 blog entries.

Belmar Police Chief Cleared of Domestic Assault

The Asbury Park Press recently reported on the resolution of a temporary restraining order filed in Monmouth County Superior Court against a Belmar officer. His estranged wife had apparently alleged domestic violence and obtained a temporary restraining order. It is unclear from the article as to whether the restraints were issued based on simple assault, harassment, terroristic threats or some other allegation of domestic violence.  The order was subsequently dismissed by the Court and the acting chief has successfully regained his privilege to carry a weapon.

This report serves as an excellent illustration of the type of thing that can happen in NJ when it comes to a final restraining order.  All it really takes to get a temporary restraining order in NJ is an allegation that some incident of domestic violence occurred and that the “victim” is in fear of his or her safety.  The typical allegation is that there was an assault (simple assault or aggravated assault) or that threats were made.  The step thereafter is to conduct a final restraining order hearing where all the evidence, including that of the defendant, is presented.  In this case, the restraints were dismissed at or prior to the hearing.

I happen to know the Belmar police officer who was the defendant in this case and I honestly have a hard time believing that he would ever put himself in a position where a genuine order could be filed.  This very well may have been an instance where someone obtained a temporary restraining order to obtain an advantage in a contemplated divorce case.  While there are certainly more than enough bona fide instances of domestic violence in Monmouth County and elsewhere, this may have been been a situation destined for dismissal from the start. 

By |2012-06-07T17:45:23+00:00June 7, 2012|Domestic Violence|Comments Off on Belmar Police Chief Cleared of Domestic Assault
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Successful Day for DWI Defense in Monmouth County

We like to report on particularly gratifying results reached on behalf of our DWI clients.  Last Thursday was especially pleasing as I was able to achieve some great results in two Monmouth County DWI cases.

In the first case, a man was charged with his fourth (4) DWI, along with a refusal in Red Bank, NJ.  The gentlemen was not entitled to a stepdown (i.e. drop off of any of the convictions) and was therefore facing six months in jail if found guilty of DWI.  Our Monmouth County DWI defense attorneys worked significantly hard to attack the DWI charge based on lack of proper administration of Field Sobriety Tests. The arresting officer had inadequate training in Field Sobriety Testing and his superior, who performed the HGN test, lacked an up-to-date certification to support his administration of the test.  Our efforts proved successful and we were able to avoid a DWI conviction in this Monmouth County Case.  Our client avoided jail time altogether.

In the second case, a Rumson stockbroker was charged with his First DWI in Fair Haven.  His breath test readings exceeded .10 thereby exposing him to a license suspension of seven (7) months or more.  We explored numerous issues concerning admissibility of the breath test results, including the twenty minute issue.  In this regard, CAD (computer assisted dispatch) reports were demanded and obtained which pinpointed the time that the arresting officer brought our ciient into the station. When this time was compared to the time of the breath test, we were able to raise a viable twenty minute issue.  While the municipal prosecutor, Hank Gilbertson, also fought hard on this issue, we were ultimately able to convince the Judge that this Monmouth County DWI defendant should not be bound by the breathalyzer readings. The Judge agreed with our position and ultimately suppressed the readings thereby allowing us to achieve a first tier result and a limited suspension of three months for our client.  The client was extremely pleased.

We are fortunate enough to be exposed to many DWI fact patterns and so too, opportunities to refine our identification of bona fide issues.  The identification of these issues is imperative to our defense of those charged with DWI in NJ as prosecutors and Courts are strictly prohibited from downgrading and/or dismissing DWI tickets absence proper legal basis.  

By |2012-06-07T17:45:22+00:00June 7, 2012|New Jersey DWI Law|Comments Off on Successful Day for DWI Defense in Monmouth County
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NJ Assault by Auto Law

An aggravated assault may arise out of operation of a motor vehicle.  This pedigree of aggravated assault is commonly referred to as Assault by Auto.  Where the resulting injury is “serious”, the Assault by Auto is a Second Degree.  Serious bodily injury is defined as injury that involves a substantial risk of death, permanent disfigurement, or loss of function of a bodily member or organ. Where an injury falls short and is only “significant”, it gives rise to a Third Degree Aggravated Assault by Auto.

There are basically three (3) ways in which a person can be held accountable for assault by auto. First, where a motorist acts with the purpose or intent to collide with a victim, that is an assault by auto. The degree of a charge for an intentional collision hinges on the nature of the injury suffered by the victim (e.g. serious, significant, minor).  Second, when an individual acts recklessly (e.g. driving while intoxicated, reckless driving, extreme speeding, etc.) and this results in injury to another, that is also an assault by auto. Whether this conduct is a Second Degree, Third Degree or even Fourth Degree Aggravated Assault, again depends on the extent of the resulting injury. Third, an assault by auto arises when an individual causes bodily injury while fleeing or elude police contrary to N.J.S.A. 2C:29-2(b), or while joyriding in violation of N.J.S.A. 2C:20-10(c). This variety of assault by auto is also a Second Degree crime.

An interesting issue arises when an assault by auto offense is based on drunk driving (“DWI”). When this is the case, the DWI merges into the assault by auto provided the sole basis for recklessness is intoxication. A defendant is nevertheless subject to the mandatory license suspension and penalties of N.J.S.A. 39:4-50. 
 
Our NJ Assault by Auto Defense Attorneys have occasion to defend these charges quite often given our expertise in aggravated assault, dwi and traffic law.  We are always happy to assist anyone charged with assault by auto.
 
By |2012-06-07T17:45:20+00:00June 7, 2012|Assault|Comments Off on NJ Assault by Auto Law
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Monmouth County Juveniles Operate Print Shop

When individuals imagine what a counterfeiter might look like, it does not include a vision of a Colts Neck High School student. I guess you get where I am going with this – high school kids in Monmouth County were counterfeiting fake 10s and 20s.  The money was sold to other juveniles in return for lesser domination of real money.  The United States Secret Services is involved in the investigation and charges are forthcoming against the high school sophomore and junior involved in this fraud.

Once the charges are filed, the first official court proceeding is a mandatory assignment of counsel hearing.  This proceeding is designed to establish who shall be representing the juvenile as every child must be represented by a NJ Juvenile Crime Defense Attorney.  The next proceeding is an arraignment where the juvenile is read the charges against him or her, and advised as to his or her rights.  A plea hearing and/or status conference (or several) usually follows thereafter where the prosecutor and defense counsel elaborate as to their positions, and a determination is made as to what, if any, investigation or other work is needed to resolve the case.  Ultimately, a decision must be reached as to whether or not a trial is necessary to resolve the charges.  If a trial is necessary, it is important to keep in mind that there is no right to a jury trial.  Since Juvenile cases are decided in family court as opposed to criminal court, the Judge presiding over the case decides all issues.  The same burden of proof, that is, proof beyond reasonable doubt, nevertheless applies in the case.

We will have to see how the counterfeit case in question proceeds through this process.  I anticipate a rather uneventful progression of the case.  While the case involves a rather interesting little scenario, there is nothing to warrant significant scrutiny given the lack of violence and other considerations. 

By |2012-06-07T17:45:19+00:00June 7, 2012|Juvenile|Comments Off on Monmouth County Juveniles Operate Print Shop
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Underage Drinking Crackdowns Continue in Ocean NJ

We have been representing underage drinkers, mostly Monmouth University and Rutgers students, in New Brunswick, Ocean Township, West Long Branch, and Deal Municipal Courts for many years now. The associated charges usually involve underage drinking and, in some instances, providing alcohol to individuals under the legal drinking age. The typical scenario for police involvement is a noise complaint, someone acting disorderly, or simply some one giving the police a tip. We routinely witness instances like these in areas surrounding Monmouth University and Rutgers, and a story about such a drinking encounter was even recently published in the Asbury Park Press. The related arrests give rise to not only criminal charges but college disciplinary action.

We witness the horror of parents first hand when they realize that their child is facing a criminal charge after investing upwards of 40K for their college.  Thankfully, we are successful in almost all situations in having the charges downgraded to a non-criminal charge, often a municipal violation. This outcome allows the student to avoid a criminal record, something crucially important to their future.

By |2012-06-07T17:45:12+00:00June 7, 2012|Underage Drinking|Comments Off on Underage Drinking Crackdowns Continue in Ocean NJ
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Defending Another Monmouth County Prescription Fraud Charge?

Local news sources have reported on the arrest of a Monmouth County man stemming from his attempt to fill a fake prescription in Middlesex County.  The script was for oxycodone and was presented in the name of a NY physician.  The gentelmen was charged with Third Degree Prescription Fraud and an assortment of other charges. We have been consulted by the suspect based on our experience in this area of law.

The main laws implicated in a case like this are N.J.S.A. 2C:35-13 (“Obtaining Prescription Drugs by Fraud”), N.J.S.A. 2C:21-1  (“Forgery”), and N.J.S.A. 2C:35-10.5 (“Prescription Drug Possession or Distribution”). The primary focus of the prosecution in these cases is typically the Prescription Fraud charge under N.J.S.A. 2C:35-13, which is a Third Degree Crime. The possession offense is usually secondary as most individuals are caught without obtaining the prescription drugs or otherwise possess a limited quantity of pills.  There is also a Fourth Degree charge which comes up in these cases that involves possession of a prescription drug without a valid prescription issued by a licensed doctor. 

We also find that these charges frequently have a dependency overlay.  Opiate drugs can be very addictive and can cause all types of people to resort to criminal conduct to avoid withdrawal sickness. In fact, we have even represented doctors, pharmacists, pharmaceutical sales representatives, nurses, and medical office managers on these types of charges.  Over our years of experience defending these cases, we have built a network of professionals to address dependency issues which allows us to attack these cases on all fronts.

By |2012-06-07T17:45:10+00:00June 7, 2012|Drug Offenses|Comments Off on Defending Another Monmouth County Prescription Fraud Charge?
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Monmouth County NJ Prescription Drug Charges Dismissed

We like to report on particularly good results and interesting issues that our defense attorneys encounter in handling criminal cases in New Jersey. Yesterday, we were fortunate enough to achieve a dismissal of prescription drug possession and related offenses filed against our client in Monmouth County. This particular client had an extensive prior felony record and was looking at multiple third degree charges stemming from prescription drugs, specifically Valium pills, that were found to be in his possession following a routine motor vehicle stop.

New Jersey has a “constructive possession” law when it comes to drug charges. In this particular case, law enforcement claimed that our client was in constructive possession of the Valium that was discovered in the glove compartment of the vehicle. We asserted various defenses to the indictment and criminal charges. In this regard, while the motor vehicle was in the custody and control of our client, it was our position that he lacked knowledge of the existence of the drugs such that he could be deemed in constructive possession of the same.

Although our client was indicted on the charges, we were ultimately able to achieve a dismissal of the case filed against him. It is always satisfying to obtain a dismissal of criminal charges outright such that our client can avoid the impact of a felony conviction. This outcome was very important in this case as our client had four prior felony convictions and was undoubtedly looking at years of state prison time if convicted. Needless to say, the client was estatic with the result and so was I.

By |2012-06-07T17:45:05+00:00June 7, 2012|Monmouth County|Comments Off on Monmouth County NJ Prescription Drug Charges Dismissed
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NJ Extradition of Drug Distribution Suspect Ends Successfully

There are some days where everything comes together perfectly and that was the situation today.  In this regard, we were retained to represent a women who was a fugitive from New Jersey for almost 20 years for First Degree Cocaine Distribution.  Although she never resorted to serious efforts to disguise her identity and even used her own social security number, it took authorities until June 2009 to arrest her.  She was eventually apprehended by United States Marshals in the Southeast and was thereafter extradited to NJ to face her charges. Our client was exposed to 10-20 years of incarceration on the original charges and additional time for bail jumping.

The facts surround our client’s case literally read like a made for movie storyline. After fleeing NJ, she built a solid, law abiding life, having married, raised three children, graduated with a four year college degree in accounting, and having gained significant career success. She had no prior nor subsequent history of criminal activity.

Upon becoming involved in this case, we immediately made sure that a waiver of extradition was executed such that no unnecessary delay in transport to NJ was incurred. The only thing needed to be accomplished once the waiver was executed was to coordinate transport to New Jersey and insure that this was undertaken immediately. We were able to achieve this goal and the client made her way back to the state within a number of days.  A problem encountered in extradition situations can be, however, adequate notice concerning an extradited suspect’s initial appearance in New Jersey. An individual is almost immediately brought before a Judge and communication as to arrival and the initial hearing can be challenging. In this case, we were able to get to Warren County when our client arrived at Court and, rather than simply discuss bail, we engaged the Prosecutor in plea negotiations. The weaknesses in the case were obvious in view of the age of the case (e.g. availability of police officers, changes in vehicle search laws, etc.).  On top of these issues, the Prosecutor was somewhat sympathetic  to our client’s situation.

We were able to obtain an extraordinary resolution in our judgment. Our client pled guilty to third degree possession of CDS with no period of incarceration – probation only. Additionally, insofar as the client avoided a conviction for drug distribution, she is eligible for expungement of her conviction. The plea also provided for the immediate release of our client thereby avoiding the significant delay, obvious bail issues (e.g. client committed bail jumping while out on $75,000 bail), which would have resulted in her remaining in a New Jersey jail for months. She was immediately released to her family and only needs to return for sentencing to fully resolve her case. I was ecstatic with the result and I believe our clients shared this view.

By |2012-06-07T17:45:05+00:00June 7, 2012|Extradition|Comments Off on NJ Extradition of Drug Distribution Suspect Ends Successfully
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Union County NJ Criminal Attorney

In an effort to provide the public with free and helpful legal information, our office has launched a wordpress site titled Union County NJ Criminal Attorneys. The information contained on the site includes a review of the law for common offenses enountered in Union County. The topics include theft crimes, marijuana and cocaine charges, dwi, simple and aggravated assault, and an assortment of other Union County Superior Court and Municipal Court offenses.

Our firm will continue to represent individuals in Union County out of our Cranford Office. Anyone seeking advice or representation for one of the aforesaid charges is encouraged to consult our Union County NJ Criminal Attorney.

By |2012-06-07T17:45:01+00:00June 7, 2012|Union County|Comments Off on Union County NJ Criminal Attorney
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165 Pounds of Heroin?

Fox News recently released a report that indicated that the largest heroin bust in New Jersey history took place in the last few weeks. The quantity of heroin – 165 pounds. By way of comparison, a total of 300 pounds was seized statewide in NJ during the entire calender year of 2008. The report reinforces the fact that the supply of heroin in New Jersey continues to grow as manifested by this record possession.

Fortunately or unfortunately, our criminal defense firm has occasion to defend more and more individuals on heroin charges. The pain and misfortune that individuals can experience as a result of involvement with this drug is inescapable. It seems that the wreckage of heroin is virtually endless. All that one has to do is walk into any County Drug Court and recognize that individuals often accrue years of criminal arrests for heroin possession after they become hooked on the drug. The sad point is that while we  succeed in keeping most of these individuals out of jail (even in heroin distribution cases), the number of people who find themselves charged with a heroin offense continues to grow.

By |2012-06-07T17:44:57+00:00June 7, 2012|Heroin|Comments Off on 165 Pounds of Heroin?
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