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.
Underage DWI Suspect Has Close Call in Wall NJ
A 19 year old Toms River man narrowly avoided a disaster this weekend. He lost control of his vehicle on Route 34 in Wall, crossed the median, entered a gas station and collided with a gas pump. His SUV sustained considerable damage which prevented the suspect from escaping the scene. He has been charged with DWI, Underage DWI, and Leaving the Scene of an Accident. His case is scheduled to be heard in Wall Township Municipal Court.
Where an individual is below legal drinking age, he or she can be charged with Underage Driving While Intoxicated. This offense carries less severe penalties than a traditional DWI, for example, limited license suspension, reduced fines, and the conviction does not constitute a conviction for purposes of a subsequent adult DWI. The draw back of an underage conviction is the fact that it only applies where an individual has a BAC below .08% or no readings.
In this particular case, I suspect that the defendant’s age shall provide significant opportunity for the defense to mitigate his penalties. If the breath test readings can be suppressed or dismissed, the suspect may be able to limit his license suspension substantially. This is the angle we would pursue on this case.
Three Robbery Cases Reported in Monmouth County NJ
The Asbury Park Press reported today on three separate robbery cases which arose in recent days in Monmouth County. One of the incidents involved an assault turned robbery in Long Branch. There was no weapon involved. In another case in Neptune, the robbery involved a holdup by a suspect armed with a handgun. In the third theft, a shoplifting turned into a robbery in Holmdel New Jersey.
The three cases are interesting as they each illustrate a different pedigree of robbery. In this regard, a theft turns into a robbery where force is used to escape. This is commonly referred to as a strong arm robbery. A strong arm robbery is a Second Degree offense punishable by 5 to 10 years in prison. Where a weapon is involved, the robbery is termed an armed robbery. Armed robbery is a First Degree charge in New Jersey and carries 10 to 20 years of imprisonment. It is important to keep in mind that an armed robbery need not involve a traditional weapon like a gun, knife or bat; a car can even be a weapon as was the case in the Holmdel robbery wherein the suspect used a car to assault a store employee during escape.
We previously reported on the rise in theft statistics statewide. The report of three robberies yesterday in Monmouth County may be a reflection of this trend.
Aggravated Assault Downgrade Reached in Howell Vehicular Homicide Case
The Monmouth County Prosecutors Office and a Howell man resolved death by auto charges this week. The underage suspect struck a tree resulting in the death of a 16 year old passenger. The defendant was allegedly operating his vehicle in a reckless manner at the time of the crash. The resolution included a plea to a downgraded offense of Second Degree Aggravated Assault from an original charge of vehicular homicide.
In another auto death case, an Ocean County women who was previously a contestant on American Idol, was struck by an individual subsequently charged with a crime. The suspect, who was apprehended and arrested several days after the accident, has been charged with leaving the scene of a fatal accident. The criminal charges are now pending in the Superior Court in Toms River.
While charges of the nature involved in both these cases are extremely serious, this pedigree of offense tends to be susceptible to numerous defenses. This is particularly true where there is no evidence of drugs or alcohol, or where the evidence is prone to collateral attack. Experience in handling complicated issues of intoxication and proof thereof clearly comes in handy in the majority of these cases and one would assume that they could be of assistance in these cases.
New Jersey Supreme Court Ruling Invalidates Juvenile Confession
NJ has adopted guidelines for how juvenile proceedings, including communications with minors, are to be undertaken by police and other officials. In this regard, N.J.S.A. 2A:4A-39 mandates that juveniles be represented by counsel at all critical stages of a case. The question addressed by the Court last week in State in the Matter of P.M.P concerned when a “critical” stage of a juvenile case is triggered. To wit, the Supreme Court concluded that every stage is critical from the point that police file a juvenile complaint and obtain an arrest warrant. Any questioning of a child following institution of the complaint and issuance of a warrant would require the presence of counsel or a valid waiver of this right following consultation with their defense attorney.
In P.M.P., the police began questioning of the juvenile prior to involvement of counsel. Since any interrogation undertaken following issuance of the warrant was at a “critical stage”, an absolute right to counsel attached. The confession, which was procured following this stage of proceedings, was therefore held defective and was precluded from use in prosecution of the juvenile.
The decision in P.M.P. basically imposes a bright line rule precluding interrogation of minor’s following arrest. One would have to question how anything otherwise could ever have been constitutionally permissible. Notwithstanding the holding, we can fully expect its dictates to be stretched beyond their limit absent proper attention by the defense.
NJ Conviction Vacated for Purposes of Immigration and Deportation of Permanent Resident
There is little doubt that the consequences of a NJ criminal conviction on citizenship status has become increasingly complicated. The evolution of the law has not been favorable in this regard but permanent residents, visa holders and defense attorneys may have just caught a break based on a recent New Jersey Supreme Court ruling. The Court ruled in State v. Nunez-Valdez last week that a defendant may vacate a prior guilty plea if he was not informed that the conviction would result in deportation.
Federal immigration law provides for deportation of permanent legal residents (e.g. green card holders) if they are convicted of an aggravated felony. The defendant in Nunez was indicted on a charge of 4th Degree criminal sexual contact – which would clearly constitute an aggravated felony. Notwithstanding, this defendant was never informed that deportation was a virtual certainty if he pled guilty to this charge. Following his entry of a plea to the offense, Mr. Nunez was deported and he thereafter sought post-conviction relief to vacate his plea and reopen his criminal case. The Supreme Court concluded that he should be afforded this opportunity insofar as he presented credible evidence that he would not have entered the plea if informed that he would be deported. The Court also suggested that the administrative office of the courts undertake efforts to revise criminal plea forms such that the consequences to immigration status are clear when a non-citizen enters a plea.
The decision in Nunez offers considerable opportunity for all those seeking to avoid deportation by virtue of a plea to an aggravated felony in New Jersey. Indeed, a good argument can be made in many cases to support vacating a prior plea and obtain relief from deportation proceedings. We anticipate a flurry of post-conviction relief petitions in response to Nunez.
Short Hills Shoplifting Charges Dismissed in Millburn Municipal Court
Our firm has occasion to represent many individuals charged with shoplifting every year and, not surprisingly, this results in numerous cases involving the Mall at Short Hills. The question that prospective shoplifter clients almost uniformly ask is “what is going to happen to me”. This inquiry is not easy to respond to with respect to Shoplifting Charges in Millburn Municipal Court. The reason for this statement is the fact that the Short Hills Mall and its prosecutor take the sanctity of the community especially serious as it relates to shoplifting. The amendment of shoplifting charges to a municipal ordinance, something that allows individuals to avoid a criminal conviction and record, is not the norm in Millburn Municipal Court. It takes much more in terms of lawyer effort and skill to accomplish this objective. Thankfully, the attorneys at our law firm possess significant knowledge in this area and this paid off for our client yesterday.
I represented a 57 year old woman in Millburn Municipal Court yesterday for attempting to steal a Burberry raincoat from a well known establishment in Short Hills. We initially attempted to get the client approved for Pretrial Intervention (PTI) but the Superior Court remanded the offense to Millburn notwithstanding the dollar amount involved. We thereafter encountered resistence in amending the complaint to a local ordinance violation. Our office was persistent and, with the assistance and cooperation of our client, we were able to have the charge amended. The client avoided a criminal record which was extremely important as she not a citizen of the United States – a shoplifting conviction could have been devastating. I believe that the same approach can be utilized by others in the future in hopes of overcoming the general rule against amendment of shoplifting charges in Short Hills and Millburn.
Drug Possession Will Not Result in Deportation
We are frequently retained to assist individuals on post conviction relief petitions so as to avoid deportation. The deportation can result from any number of criminal convictions but most often involves some type of drug offense. In this regard, Federal Law allows for deportation whenever an individual is convicted of a drug charge other than one involving possession of less than 30 grams of marijuana.
Monday evening I was consulted by a family in dire need of assistance. The father in the household had immigrated to the US in 1990. In 1995, he was convicted of a drug possession charge that was ultimately dismissed via a conditional discharge in 1996. The gentleman applied for a green card years later in or about 2008. It was his desire to obtain adjustment of his status in the United States to Permanent Resident (Green Card Holder). His application for adjustment was reviewed and he was directed to provide proof that his conviction was based on possession of less than 30 grams of marijuana. Unfortunately, there was no lab report to indicate the weight of the drugs and, based thereon, Homeland Security concluded that he was not only not entitled to adjustment but should be detained for deportation. The gentleman had been in detention for almost two weeks by the time the family got to me. The indication was that he would be deported within 10 days.
I immediately prepared a petition for post conviction relief that sought an Order concluding that, as a matter of law, the conviction was based on less than 30 grams of marijuana. Based on the fact that the police report confirmed that the marijuana comprised one joint and a small tin foil of green vegetation believed to be marijuana, it was my position that our client could not have possessed a prohibited amount of drugs. The Court agreed with my claim that these items simply could not amount to 30 grams of marijuana and filed an Order confirm that this was the case. The Order shall prevent the gentleman from being deported and it is also hoped that it will allow him to obtain the waiver necessary for him to become a permanent resident of the United States.
Credit Card Fraud & Indentity Theft Charges Could Involve New Jersey Residents
Individuals involved in a major conspiracy to commit credit card fraud and identity theft were indicted last week. The Justice Department claims that those arrested were involved in the largest case of its kind ever prosecuted in this country. The defendants were allegedly stealing credit card and debit card information and then reselling the information. Prosecutors believe that as many as 130 million numbers were involved thereby implicating many in New Jersey. The ringleader of the conspiracy, a 28 year old resident of the US, has been in custody since 2008 on separate charges of theft of computer data.
As technology and the use of credit cards becomes more and more prevalent in NJ, so too is the incident of fraud involving the computer, credit cards, and indentity theft. We have occasion to defend more and more individuals charged with these offenses and the law can be particularly problematic in this regard. In this regard, the legislature has recently adopted and/or amended New Jersey criminal laws related to tampering with computers and identity theft. We find that a thorough understanding of the technology, as well as audit principals and the law, are really handy in these cases. I have little doubt that the feds are well up to speed on this fronts as it relates to this case.
International Extradition Appeal Fails
The subject of extradition has seen recent attention in the last several weeks. A major portion of this publicity has come as a result of the Roman Polanski case. Mr. Polanski is in the process of being extradited to the United States. In another case, a UK hacker who apparently broke into United States military computers, has lost his fight and the extraditing process shall now be effectuated.
We receive calls and are consulted, over and over again, by individuals interested in Fighting Extradition to New Jersey. The honest truth is that avoiding extradition is extremely rare and objections often only serve to delay the inevitable. An Extradition Waiver can avoid this delay but that was not something which the UK Hacker was willing to adopt. The same appears to be the case with Mr. Polanski who is preparing to fight transport back to authorities in the United States. I am not optimistic that his fight shall have any success given my experience in NJ Extradition.
Extradition is on the Rise in New Jersey
There is no doubt that extradition has been a practice area of criminal law for decades in NJ but I have definitely witnessed a rise in activity. In fact, the US Marshals service and state law enforcement undertook an initiative approximately six (6) months ago to roundup fugitives from justice. Our office was consulted and/or retained on several cases arising out of this effort and some individuals were to be extradited on warrants that originated as much as fifteen (15) years old. But what does this renaissance in the government’s interest to extradite really mean for the public and legal community?
My impression is that a lot of the renewed interest has to do with money. Almost every state and the Federal Government are strapped for funds so a nice target is fugitives. If someone has fled a jurisdiction before completing probation or parole, or before resolving a criminal charge, they are deemed criminal fugitives; the term of art is “fugitive from justice”. Not only First Degree and Second Degree Crimes carry the potential for someone being extradited – Third and Fourth Degree charges can also provide a basis to extradite. There certainly is no compelling reason to have any sympathy for these individuals in the eyes of the general public. And if a defendant is going to have any chance of resolving his underlying criminal charges he or she is going to have to make good for all kinds of financial liabilities to the government including extradition costs and expenses, bail, contempt orders, probation and parole fees, etc. This all means not only revenue to the states and/or federal government but also good public relations.
In tough times like these, government is exploring all avenues to generate revenue. Fugitives are much like lawyers – a group to which the general public is not sympathetic. Perhaps this analogy is an extreme but I would have to admit that it really is not far off. Bring on the orders and warrants for extradition for our brethren.