I understand that you may be playing the “tape” over and over again in your head and asking yourself how could you have made such a bad judgement call. Or maybe you have been falsely accused by an overzealous mall cop. Whatever the case may be, the State must still prove each and every element of the offense beyond a reasonable doubt, and if I run into a situation that calls for it, I will go to trial and make the State do just that. The truth is that with shoplifting cases the municipal prosecutor may very well want to go to trial. This is because of prosecutorial guidelines that prosecutors must follow (but not all do. This is also not the case with indictable shoplifting charges such as 4th and 3rd degree. PTI may be available in this instance, but not in the municipal court ).

If you are a first offender, and the State does not want to downgrade your charges for proof problems (or rejects PTI in the Superior Court), then it is highly likely that I would elect to go to trial. You can plead guilty by yourself. You don’t need a lawyer to do that. First offense shoplifting is highly unlikely to result in jail time.  So, knowing that shoplifting charges are tough to prove in many instances, and faced with a situation where pre-trial negotiations are at an impass, trial may be the best option.

Of course, I would do everything in my power to negotiate a pre-trial resolution that carries the least exposure for my client. This could mean several court appearances. The point is that a lawyer who has lots of experience handling shoplifting charges will give you the best chance all around….whether it be in pre-trial negotiations or trial.

I am ready to answer all of your questions, because I know you have many. The consultation is free

Although the fines are high, the most serious consequence that most face is the loss of license, with the exception of a third offense DWI charge which exposes the defendant to a mandatory 6 month jail term. Jail, albeit possible for first or second offenses, is unlikely under normal circumstances (absent any aggravating factors). For a first offense DWI, the defendant faces up to 1 year loss of license. For a second offense DUI/DWI, the defendant faces a mandatory 2 year loss of license if convicted. For a third offense, ten years.

There are no provisional/occupational driver’s license in New Jersey. If you are licenses in another state, a conviction for DWI or DUI will likely result in a suspension in your home state.

Living in New Jersey without a license is like living without food. It is next to impossible. Accordingly, you want to be sure that you are hiring a lawyer that absolutely knows how to defend a DWI case. This means proper certification in the administration of the Alcotest and Field Sobriety Tests, trial experience, and a proven track record of success.

Of course, choosing an attorney who has all this and charges a fair and reasonable fee can be difficult. I can provide all of this.

If you have any questions, please contact my office and I will speak to your personally then and on all subsequent occasions. I handle all my cases, every court appearance, every phone call.

The basis for the maximum penalties you face in connection with a distribution charge will depend upon the quantity alleged to be possessed, distributed or manufactured. For example, if caught with five ounces or more of heroine, cocaine or meth, you will be charged with a first degree crime and face up to 20 years in jail with a mandatory parole disqualifier. An amount less than five ounces but equal to or greater than one half ounce is a crime of the second degree. Anything less is a crime of the third degree unless the offense happens in a park zone, which is a separate charge all together (2nd degree). Prescription legend drugs may be charged under this section or 2C:35-10.5. The point is that the more the police say you have, the harsher the charge.

Factors such as quantity, quality and packaging  interpreted by a witness who is an expert in the drug trade may be used to show intent to distribute even when the police have no direct evidence of actual distribution. Additionally, modus operandi, cash on hand, etc. will also play into the proofs.

The State will have to prove the amount it alleges. The are not allowed to just make up an amount.

Distribution does not mean selling. Selling is distribution, but merely sharing with a friend or guest at a party is also considered distribution, even if the drugs do not belong to you.

If you have been convicted of distribution on a previous occasion, you will face enhanced penalties if convicted. This is called Brimage eligibility and exposes the defendant to mandatory extended terms. Also, if it is alleged that the distribution occurred within 1000 ft of a school zone, the defendant is also Brimage eligible and faces enhanced penalties. School zone offenses under NJSA 2C:35-7 are third degree crimes, but are mandatory jail crimes if convicted

I am an experienced lawyer and defend those charged with serious drug charges. I know the law and work tirelessly in all my cases to get the best possible result. This may mean trial or a meticulously negotiated plea deal. The above information is just the tip of the iceberg. If you need clarification or help, please call.

As a result, many lawyers have now studied up on immigration law and how it interacts with state criminal defense work. The synergy bewteen these two areas of state and federal law are more prevelant than every before as we continue to deport non-citizens at an alarming rate for serious and minor offenses.

Lawyers (generally) now realize that even minor offenses such as disorderly persons drug offenses and shoplifting, can lead to deportation. These issues are discussed more candidly in professional settings and from what I am witnessing, at a much higher level of understanding.

There is no longer a turn and look the other way mentality. The legal community is aware of just how important these issues are to the defendant and are treating them accordingly.

This could be as simple as advising a client that there is immigration issues that should be discussed with a immigration specialist before the case proceeds. Continued training and education is needed to give New Jersey criminal attorneys the tools they need to recognize these issues when they arise.

I watched the argument in Gaitan and I really do not know which way the court will rule on retro-activity. From my prospective, the language of Padilla was so clear, I do not see how a court could interpret the holding any other way. But one must realize, there is a practical side to this whole thing. Giving it retroactivity could result in a court system dealing with a much higher case load than before. Unfortunately, this may be the overriding, under emphasized motive behind any decision that goes against retroactivity.

The police report provided was very helpful to our defense, as it appeared that there were certain”cause and effect” problems for the State to explain. This lead me to believe that the report may have been slightly embellished.

Following my discussion with the prosecutor and the officers, it was agreed that the two criminal charges would be dismissed, and a municipal ordinance violation would be issued instead. This is a local ordinance, not a criminal offense, and resulted in a fine only. The offense will not appear on his public record.

My client was very happy with the outcome

I came into the case and immediately requested discovery as well as any statements recorded by the police at the time of the incident. As I reviewed the statements provided, its was clear that at least one of the alleged victims was not an english speaker. My client had indicated that he had made every attempt to provide the information to this individual, but there was a “lost in translation” problem.

During the next appearance, the trial date, I had my opportunity to conference the matter with the prosecutor and present the points that I thought would be relevant. This included questions that the prosecutor may want to ask the alleged victim prior to making his decision to take the case to trial.

After he spoke with this witness, he came back to me and we discussed a resolution. It could not have been any better. He agreed to recommend that all the charges against my client be dismissed.

My clients could not have been happier.

If you have been charged with leaving the scene of an accident, please contact me for a free consultation.

In this instance, my client had an attempted murder conviction from many years ago. I was slighty worried about getting a waiver for him, but after many months, and many subsequent requests for additional evidence, we received word that the waiver was granted.

This was the first time that I had applied for waiver when a client had such a serious conviction on his record, and was very happy when I received the call.

So far, I have a %100 percent success rate filing waiver applications for IDTA’s. This is not an easy process, and if you are filing for a HAZMAT or TWIC, I would strongly recommend hiring a lawyer who has some experience handling these cases.

I represent a client who was charged with a 2nd degree aggravated assault. He had a criminal record that included several other arrest and convictions for aggravated assault. At the time he was arrested, he was on probation for assault. 2nd degree aggravated assault is a NERA offense (no early release) which means that the defendant will have to do 85% of any time imposed, typically a 7 with an %85. In addition to his probation, he also had two municipal court simple assault matters pending.The facts of the 2nd degree charge were not good either, serious personal injury.

At the PIC conference in the Superior Court, I was able to negotiate a monster deal and the State recommended straight probation and downgraded the offense. This was a spectacular result given the facts of the case and the prior record, probation, pending charges, etc…but the story does not end there.

Just days after the plea was entered, my same client was involved in another incident and was once again charged with 2nd degree aggravated assault. Now, given the situation, you could ask any lawyer and they would tell you that the plea offer would not be good, 8 with and %85 to run consecutive (that means in addition)  to any other charges or probation violations (getting into that 10 yr range).

We went in on the PIC conference on the new 2nd degree charge and (given the facts of the underlying case along with all the other issues) negotiated an unbelievable plea, so much so that the judge specifically talked about how good the deal was on the record

He pleaded guilty to a lesser offense assault charge with a 3 flat (eligible for parole in 9 months) with the sentence to run concurrent (that means together or at the same time) to any other pending charges.  He essentially avoided probably 6 additional years in state prison.  My client was very happy with the plea deal as was his family.

Obviously, you set out on every defense case to get a not guilty verdict. But when the facts are not there for your client, and the exposure is massive (as it was here) a plea like this is a real success story.

If you are in a similar position, you may realize this. If you are just embarking on your 2nd degree assault defense, remember, each case is different, each persons background is different, and no two cases are completely alike. 2nd degree assault are very serious crimes, but are frequently over charged. On many occasions I have represent people charged with 2nd degree assault and had the case remanded to the municipal court to be adjudicated as a simple assault. On other occasions, assault charges have to go to trial. If you have questions, you should give me a call.

In yet another example of this, I was able to obtain a pre-trial dismissal of a marijuana DUI case this past week in a Hudson County municipal court. This happened because I was able to point out a plethora of errors with the investigation that were clearly apparent from the police report and other provided discovery.

During my negotiations with the prosecutor, I raised the many issues and defenses that my client would be able to raise. In this instance, the prosecutor agreed that the problems with the case would most likely prevent the State from meeting its burden and proof.

Dismissal of DUI and DWI cases is not an easy task and there are a number of steps that the Court must take when following the State’s recommendations. There are rules and guidelines that have been promulgated, one of which requires that the prosecutor speak with the arresting officer before she recommends the dismissal. The judge also questions the prosecutor to ascertain why the State does not believe it can obtain a conviction.

Hiring an experienced DUI/DWI lawyer ensures that these frequently occurring mistakes with a drug related DUI charge are exposed, and that it is clear to all involved that a prosecution is unlikely to result in conviction.

This is not to say that some DUI related arrest do relate in convictions. Of course, there are situations where the state does conduct a proper investigation and the need to go to trial exist. However, in my opinion, these are still very winnable cases.

Theft of movable property is a criminal offense, the severity of which is usually determined by the monetary value of the items alleged to have been stolen. However, sometimes the degree of theft offense charged depends upon the item itself. For example, theft of a prescription pad or prescription blank is a third degree crime punishable by up to 5 years in jail. In this case, both defendants were charged with disorderly persons theft of movable property offenses, and faced jail time up to 6 months.

In this case, the police had conducted a random plate search of the vehicle and noticed it did not match the car driven by the defendants. The police stopped the individuals and questioned them. Following the investigation, both were arrested, and charged with theft under NJSA 2c:20-2.

During the pre-trial conference, I was able to negotiate with the prosecutor. Although the State had a great case against my clients, I was successful in convincing the prosecutor that the charges should be dismissed and justice would be best served by punishment that fell outside the confines of the criminal justice system.

Following oral argument before the court, the judge agreed, and dismissed the criminal charges against my clients and instead imposed a period of community service to level the scales of justice. My clients and their parents were very happy