The Law Offices of Jonathan F. Marshall, is a statewide criminal defense firm with twelve offices throughout New Jersey. Our team includes ten (10) attorneys that dedicate their practices exclusively to defending the accused, making it a unique commodity in the state. The qualifications of the lawyers are also impressive and include:
• Over 200 Years of Combined Experience Representing Clients Charged With Indictable Crimes, Disorderly Persons Offenses and Serious Motor Vehicle Violations
• Former County Prosecutors Who Have Served At The Highest Levels Such As Director Of Major Crimes, Juvenile, Domestic Violence, Special Operations, Homicide, Drug Task Force, Guns, and Even An Entire Trial Division
• Certified Criminal Trial Attorneys
• Recognition as Top 100 Trial Lawyers by the National Trial Lawyers Association, Top 10 Defense Lawyers in New Jersey by the National Academy, Ten Leaders in both Criminal Defense & DWI in New Jersey and Superlawyers
Free consultations with an attorney at the firm are always free. You can reach us 24/7 at 877-450-8301.
Middletown NJ Marijuana Defendant is Exonorated
I am happy to report that a Middletown NJ financial advisor was recently found not guilty of Marijuana Possession in Wall Township Municipal Court. Hopefully, the result will allow the accused to restore his life.
The facts underlying the marijuana charges were unorthodox. A package was delivered to the place of employment of the broker in Wall Township. The package was addressed to the defendant but was opened by the receptionist at his office. The package contained a small amount of marijuana. The employer immediately informed the police upon being advised of the package and criminal charges for possession of less than 50 grams of marijuana were filed against the broker.
Under NJ law, an individual may only be guilty of marijuana possession where he or she is in actual or construction possession of the drugs. More specifically, it is illegal for an individual “to possess, actually or constructively…50 grams or less of marijuana.” N.J.S.A. 2C:35-10(4). Where an individual violates this law, he can be convicted of a disorderly persons offense, have his license suspended, be fined, placed on probation and can even go to jail for up to 6 months. The individual may also apply for a conditional discharge of the charges but this was something that was not a viable option in this case given the impact that could have on the employment of this defendant.
The marijuana possession charge was therefore taken on squarely. The defense was that the prosecutor could not establish possession of the marijuana insofar as there was no evidence that the drugs were the defendants other than the fact that the weed was contained in a package addressed to him. The defendant never admitted that he ordered the package, that the package was his or that he was even aware of the existence of the package. In theory, the package could have been the property of anyone, particularly, given the common practice in shipping drugs by mail of sending drugs to an innocent addressee.
Honorable Thomas Brennan of the Wall Township Municipal Court, someone who our Wall NJ Marijuana Lawyers have occasion to appear before almost weekly on various types of cases, obviously gave the situation considerable thought. He concluded that the state was unable to satisfy its burden of proof in establishing constructive possession and dismissed the charges.
The charges in this case had a dramatic effect on the accused. He was fired from his position and is currently unemployed. However, the outcome of the case provided a level of vindication and one would assume that he has a good argument for regaining his job. Irrespective, he was successful in avoiding the negative consequences of a marijuana conviction.
NJ Shoplifting Turns Into Robbery Following Use of Force
A classic example of how a Shoplifting can escalate into a much more serious charge of Robbery was seen a few weeks ago in Monmouth County. The defendant in this case accidentally struck a store employee as he attempted to exit the parking lot of the store he had shoplifted. While the employee was not injured, the defendant used force to escape in the form of a motor vehicle. This resulted in a Robbery charge.
A shoplifting becomes a Robbery under N.J.S.A. 2C:15 -1 where it results in “bodily injury” or involves “use of force” in the commission of the theft or during flight therefrom. At a minimum, Robbery is a Second Degree crime carrying 5-10 years of jail time. The No Early Release Act also applies to a Robbery and this law mandates that a defendant serve 85% of his jail term before he is eligible for parole.
Whenever one of our NJ Shoplifting Lawyers begins to hear a story from a prospective client regarding a post-shoplifting escape, they hold their breath. The reason for this is the fact that, depending on what occurred, the case could quickly turn from a situation where someone is exposed to little to no jail time, to a case involving significant jail exposure and mandatory parole ineligibility. The scenario obviously terms extreme when this occurs and so too the need for an intensified defense effort. While these types of charges have to be taken very seriously, good outcomes are common for our firm in cases like this one.
Monmouth County Burglary of a Church?
A story in the Asbury Park Press and Coast Star reported that a Manasquan man was arrested for burglary. The victim of the crime — the First Baptist Church. Say it ain’t so!!!
Burglary is a common criminal offense in New Jersey. It occurs whenever someone enters a dwelling or structure for purposes of committing some sort of crime. The typically break-in is to perpetuate a theft. In this instance, the defendant broke into a church to steal money and a computer. The individual was obviously not of the best intelligence and, when interrogated for a subsequent incident, voluntarily confessed to the burglary as if the police already knew. The defendant will be facing a Third Degree Burglary Offense in Monmouth County and is now exposed to up to five (5) years in jail. I would suspect that little consideration shall be afforded this individual irrespective of the Judge presiding over the case at Monmouth County Superior Court, Freehold, NJ.
Although we have occasion to represent many individuals each year in New Jersey who find themselves charged with burglary, this one is deplorable. I am as big an advocate as anyone when it comes to standing up for my clients but who robs a church?
Middletown DWI Checkpoint Schedule
The Monmouth County DWI Task Force conducts periodic roadblocks intended to apprehend and deter individuals from driving while intoxicated. A checkpoint is scheduled this weekend in the Township of Middletown. The detail shall be stationed on Route 35 North from 11 PM Saturday to 3 AM Sunday at the Hudson City Savings Bank in Middletown. The police officers handling the roadblock shall include cops from Middletown and task force members.
Middletown happens to be one of our mainstay municipal courts. The Judges, Honorable Richard Thompson and Honorable Michael Pugliese, as well as the Municipal Prosecutors, Gerry Massell and Hank Gilbertson, are all reasonable and fair individuals. We have been fortunate to achieve some great results in Middletown, including cases involving roadblocks. Our lawyers would be happy to assist anyone with questions regarding a DWI in New Jersey, Monmouth County or Middletown.
West Long Branch Nearing Completion of Police Station
The Borough of West Long Branch embarked on an aggressive expansion of its police facility last year. A new police station is currently in the process of construction just behind the West Long Branch Municipal Court on Broadway. The projected final cost of the station is approximately $3,000,000.
One might ask why I would report on this news? The honest truth is that I anticipate an increased “police presence” in future months to which the public should be mindful. While the West Long Branch Municipal Court is already busy, presiding over not only tickets and criminal complaints issued in the community, but all those issued by the university police at Monmouth University as well. This includes all of the underage drinking, possession of alcohol by a minor, disorderly persons and marijuana possession charges issued at the college. Now that the town has spent so much money on a new headquarters, you can fully expect the volume of charges heard in West Long Branch Municipal Court to grow. Those who are easy targets, including college students, should keep this heads up in mind.
NJ Harassment Cases Are Very Fact Sensitive
One of the more sketchy criminal offenses our NJ defense lawyers handle are harassment charges. The conduct prohibited by the harassment statute is rather abstract and these cases therefore tend to be very fact sensitive. There is also an element of subjectivity which frequently comes into play in the defense of NJ harassment cases. To better understand this dynamic, we need to review the NJ harassment law.
N.J.S.A. 2C:33-4, titled “Harassment”, prohibits individuals from making communications anonymously, at extremely inconvenient hours or that are offensively course, and with the purpose to harass. The statute also criminalizes conduct committed for the purpose to harass which is alarming or seriously annoying. The first pedigree of NJ harassment involves communications including verbal, written, and electronic (e.g. telephone, computer, or other data transmission). Whether a communication constitutes harassment depends on the prior course of the parties, the setting of the utterance, and the gender, age and occupation of the person to whom the utterance was passed. A communication may be harassing depending on the sensitivity of one individual yet not be harassment to another. What is pivotal is that it was actually harassing to the individual and that the communicator intended the communication to be harassing. The second form of NJ harassment involves conduct as opposed to communication. In other words, what we are now speaking of is harassing behavior. To be actionable under N.J.S.A. 2C:33-4, the conduct must be alarming or seriously annoying. A minor disturbance does not constitute a violation insofar as the annoyance must be either “serious” or alarming.
One can see that the statute is quite broad, encompassing “communications”, without specifying exactly what “words” or “types” of communications are taboo. In the same instances, the law indicates that the subjective sensitivities of the victim has some relevance. These dynamics of the law make for some rather wide ranging and disparate decisions by our Courts. We find that it is therefore crucial that all of the important facts and arguments be made as cogently as possible otherwise an erroneous interpretation of the facts (i.e. a conviction) is of greater possibility. Our NJ Harassment Defense Attorneys are experienced in handling these cases and always take advantage of the opportunity to clarify the facts and case law such that a harassment conviction is avoided.
New Jersey Shoplifting Charge Spells Trouble for Cop
The Star Ledger reported today that an Edison detective was arrested for shoplifting. The allegation was that he stole $42 in merchandise from a supermarket. His stated position is that the charge was fabricated and that the items were properly paid for. The case is still pending.
The report really does not come as a surprise given the experience of our NJ shoplifting defense practice. In fact, the profile of our typical shoplifting client is a middle to upper class woman in her forties. What we are, for example, referring to are investment bankers, corporate executives and spouses of prominent physicians with plenty of money. Shoplifting is not about survival for most of our clients but rather something else. Perhaps, the police officer in the report had similar motivation, assuming the allegations have merit.
Thankfully, it is a rare occurrence that one of our clients is actually convicted of shoplifting. We are almost always able to have shoplifting charges downgraded and/or dismissed. One would expect a similar outcome for the police officer in the report.
That Chocolate Was Just Too Sweet
Alcoholism and DWI are obviously terms which individuals might correlate but chocoholism probably is not. Chocoholism is the addiction to chocolate, at least in theory. The question which one might ask is what does an addiction to chocolate have to do with DWI? I thought nothing until I read the recent report in an Australian newspaper wherein it was claimed that a DWI resulted from chocolate. I have heard many defenses espoused by NJ DWI Defense Attorneys but never chocolate.
The Aussie DWI defendant apparently had a blood alcohol concentration of almost .20. She claimed that the intoxication was caused by excessive consumption of liqueur contained chocolates. The argument failed to work any sweet magic.
All kidding aside, our NJ DWI Defense Lawyers hear stories all the time about how foreign substances effect breath test readings. Most recently, we have been confronted with multiple cases involving breath test readings distorted by invisalign braces. This is obviously a far cry from chocolate intoxication but the point is that individuals can become intoxicated or, more frequently, have elevated BAC readings because of something they ingested, were exposed to, or that was in their mouth. I am happy to report that we have been able to get some sweet satisfaction in these cases.
Monmouth County DWI Task Force Targets Shrewsbury
We like to keep our readers advised of any roadblocks scheduled in NJ. This weekend a checkpoint is scheduled on Southbound Route 35, in Shrewsbury NJ, just down the street from our Monmouth County Office. Drivers will be pulled into Shrewsbury Plaza in order to assess sobriety.
The public is often confused as to why notice of these roadblocks is provided. Our constitution protects us from unreasonable search and seizure and also affords us due process under the law. These constitutional protections impose a fundamental requirement that the police possess probable cause or reasonable suspicion before they stop a motor vehicle. The Courts have carved out an exception from this requirement for roadblocks but have imposed several conditions in order to maintain fundamental fairness. First, the selection of the checkpoint location must be based on statistical data demonstrating that it is a prime location for incidents of drunk driving. Second, the police must afford notice to the public of the scheduled roadblock.
Anyone issued a DWI summons as a result of a roadblock is encouraged to retain the services of a NJ DWI Defense Attorney. To this end, our lawyers are available 24/7 to provide assistance.
Somerset County Man Charged With Aggravated Assault for Ramming
I never get over individuals who snap and decide to use their car as a weapon. This is precisely what was reported by the Home News recently about a Plainfield man. The assailant swerved into his girlfriend’s vehicle on Route 22, sending the car into a spin. A police officer happened to be in the area and witnessed the incident. The rogue driver has been charged with Aggravated Assault and Reckless Driving.
N.J.S.A. 2C:12-1(b), the Aggravated Assault Statute, defines this offense to include attempting to cause serious bodily injury…under circumstances manifesting extreme indifference to the value of human life. A second degree aggravated assault carries up to ten years in jail. There is also a charge of Reckless Driving under N.J.S.A. 39:4-96. Although this charge is clearly secondary, a conviction can nevertheless give rise to license suspension and up to six months in jail.
The accused in this case is going to have a difficult time defending this matter by virtue of numerous factors including his poor luck; the arresting officer apparently witnessed the entire encounter. The focus will undoubtedly have to be on the nature of the intended injuries, his state of mind, and other potential avenues to establish that this is a third degree aggravated assault as opposed to a second degree. Provided the accused has no prior criminal record, a third degree conviction and/or plea should allow him to avoid jail time.