Category Archives: ASSAULT CRIMES

Arrested in Belmar New Jersey, You may want to Consider Hiring a Lawyer

Arrested

If you have been arrested in Belmar, there is a good chance you have been charged with one of the following:

This list is not exhaustive, but during the many years that I have been representing people charged with offenses in Belmar and other shore towns, it is clear that these are the most common.

Most of my clients I have represented in this capacity are charged with a crime or DWI for the first time and are just realizing that the one night could impact them for the rest of their lives.

It is important to realize that a conviction for any of the above-listed offenses will result in a criminal record that will remain there for at least five years.

If you are a teacher, your employer will be notified that your name has been entered into the State database and you will receive a notice. You could potentially lose your job.

If you are charged with DWI you could lose your license for up to a year for a first offense, two years for a second, and ten years for a third. A third offense carries a mandatory 6 month jail sentence.

The point is this…. you have to give yourself a chance to succeed and hiring a lawyer that not only has experience, but experience in that court is important. I have extensive experience appearing in Monmouth and Ocean County municipal courts and a high success rate.

A free consultation will quickly and comfortably give you the information you need to make good decisions going forward.

If you are facing an offense of any kind in Belmar, don’t compound the situation. Take a deep breath and a little time to educate yourself on your case and make a good decision when it comes time to hire representation.

Domestic Violence Charge Dismissed

I represented a client this week in Essex County that was charged with Harassment. The plaintiff claimed that my client had harassed her by sending nasty Facebook messages to her family member, which were directed at the plaintiff. The problem for the plaintiff was that the messages were not sent to her, in fact there were no communication sent to her, only her family member . Nonetheless, the plaintiff, not the family member, filed the complaint. The plaintiff swore out a complaint stating that she had received the messages.

In addition, there was an authentication issue with the actual messages themselves. There was absolutely no proof that they actually came from my client or his computer/phone. No IP address. Just because a message states that it comes from someone means very little in this day and age. The instances of accounts being hacked is rampant and it is fairly easy for police to determine the origin of a internet communication.

The messages were also not in English. This created an issue of accurate interpretation for the Court and the evidence produced consisted of snapshots of a cell phone.

Given the totality of the problems with the case, I made a motion to dismiss for lack of probable cause. The judge did not grant my motion the first time I made it, but when we came back to Court the case was dismissed as the witnesses needed to prove the case were not willing to go forward with it. This, I am certain was in recognition of the problems they would face if it were tried.

Simple Assault Trial Results in NOT GUILTY Verdict in Newark Municipal Court

Today I defended a client accused of Domestic Violence Simple Assault in the Newark Municipal Court. After attempting to resolve the case prior to trial, it became apparent that the complainant  was not interested in any alternative dispositions. This did not disappoint either myself or my client. We were prepared for trial. The discovery provided us with a strong defense. It was clear to see that the alleged victim had motive to fabricate the charges. It was also evident that the complainant had certain underlying issues that impeded her ability to accurately perceive and remember events.

The trial lasted just over two hours and the judge found my client not guilty. The judge found that the alleged victim’s testimony was not believable, given the number of inconsistencies and discrepancies I was able to elicit during cross examination. There was doubt in the judge’s mind as to what really happened. For a conviction in a criminal case, the fact finder must find that the defendant is guilty beyond a reasonable doubt.

The key to this victory, like all trial wins, is preparation. Although the offense is called simple assault, there is nothing simple about preparing a defense when your client is facing criminal simple assault charges. If convicted, the defendant faced possible jail time, heavy fines, and a criminal record. Organization and preparation allows the questioning to flow and the trial judge appreciates this. It saves time and makes the facts, which are new to the judge, easier to follow.

It should be noted that not all NJ simple assault offenses result in a trial. Frequently, the best course of action is to attempt to resolve the case prior to trial. This can be a difficult proposition depending on the nature of the offense and the parties involved. An experienced simple assault attorney will take the necessary steps to put his/her client in the best possible bargaining position pre-trial if the facts call for it. No matter the facts of your particular simple assault offense, a seasoned criminal defense attorney understands how to steer a client clear of conviction.

But remember, there is no substitute for a not guilty verdict. Make sure you speak to an attorney before appearing in the municipal court for your simple assault charge.