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.

The statewide crime statistics have been released for Monmouth County and Ocean County. In terms of violent crime, Ocean County had an approximately 8% increase in 2008 whereas Monmouth County had a decrease of a similar percentage. The offenses included in these figures were murder, rape, robbery, and aggravated assault.  In terms of details, Aggravated Assault charges were in both Counties.

Non-violent statistics included burglary, larceny/theft, and motor vehicle theft.  Both Counties experienced a sizable increase in non-violent crime.  Larceny and theft was up in Monmouth County and Ocean County. This might be expected given the economic downturn.

Notwithstanding the statistics, I cannot say that our NJ criminal defense practice has noticed any change. The deviations appear to be very minor and do not appear to be the result of any push one way or another.
 

Now that the summer months are here everyone is making their way down to the Jersey Shore. One of the main pastimes in the summer is partying. Along with partying comes drinking. Along with drinking comes violence, property crimes, traffic violations and other bad decisions. Don’t let your summer and life be ruined by a bad decision made during your summer at the shore. Let the Law Offices of Jonathan F. Marshall help you in defending your case against your bad summer decisions. Call today for your free consultation at 732-450-8300.

Many people don’t realize how their interactions with the police can affect their future. You may think that your summer arrest is just a heavy fine you have to pay from your pocket, but in reality many times it results in a permanent record which can affect your future in educational opportunities, and job opportunities. In today’s economy many employers do background checks and anything on your record can disqualify you for a position.

The biggest offenses people face in the summer are DUI and DWI offenses. Driving under the influence of any illegal substance is against the law, this includes marijuana and narcotic pain killers. Driving with a Blood Alcohol Content (BAC) of .08% or higher is also illegal. It is even illegal to carry 10 or more pills of any prescription drug if it is not in its proper prescription bottle, even if it is your own prescription from your doctor. Driving under the influence of either drugs or alcohol are very serious offenses and they can lead to jail time, fines and the suspension or loss of your license. At the Law Offices of Jonathan Marshall we are very experienced in defending clients against DUI and DWI charges. There are many different ways to help your case and every situation is different so call our office today for your free consultation.

A big part of summer fun is the clubs and bars people attend. You may be at the shore with your friends and everyone is 21 but you. What do you do? Get a fake ID from a friend and use it to get past the bouncers and enjoy some illegal drinks. Using a fake ID is a serious offense. It amounts to the charge of tampering with public records. In a time where the fear on terrorism is high, law enforcement takes these offenses very seriously. There is especially stricter enforcement in the summer. You may think by using an ID from another State you are in the clear because the bouncers won’t know the difference, but in reality they check those ID’s with more scrutiny. You may get lucky and the bouncer will just take your ID and ban you from entry, but more times than not an arrest will ensue. Using a fake ID can lead to the loss of your license (either now, or if you do not have it – when you get it) and even jail time, along with a mark on your permanent record.

Another thing people don’t realize is that those summer parties you have at your shore house can lead to the neighbors calling the police. The police may come and issue noise violations which can cause hefty fines. The officers may even begin talking to your guests and checking ID’s. It is important to remember that offering alcohol to any underage person is a criminal offense so be careful who you allow to party with you and don’t let their fake ID’s fool you.

One of the main offenses people face in the summer is the disorderly persons offense of criminal mischief. This is also known as disturbing the peace and can include things like being belligerent in public , damaging any form of property (including your rental home), disorderly conduct and maintaining a nuisance. In an episode of the Jersey Shore, Snooki was arrested for public drunkenness and then resisted arrest. Although reality shows are not always real, these are real and serious offenses that will leave a permanent mark on your record. Resisting arrest can amount to a crime in the fourth degree. Sometimes when you are under the influence you do not have your mind right to make good decisions. It is important that you get assistance in defending yourself against these types of charges.

Lewdness is also a popular summertime offense. Lewdness is any type of conduct that can be seen by someone else as offensive. This includes things such as public urination, “mooning” friends or strangers, “flashing” (revealing private body parts to a non-consenting person), public masturbation or touching oneself in an inappropriate way. These things may seem funny to you and your friends when you are under the influence, but they can have a strong negative impact on your future when you are arrested for it!

At the Law Offices of Jonathan F. Marshall, our defense team is made up of former prosecutors from around the state. This enhances our experience and success defending clients against criminal charges. Our defense team can work with the prosecutors and judges to get your charges downgraded. A violation of a municipal ordinance will amount to only a fine and no permanent record. Our defense team can even work to get your charges dropped completely. Do not face your charges alone and get a permanent criminal record that you could have prevented all because you had too much fun one summer at the shore. Call our offices today for your free consultation at 732-450-8300.

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.