Criminal Results 2007

2007: Superior Court – Client with 5 juvenile arrests and 9 adult arrests (including 5 Municipal Court Convictions and 3 Superior Court Convictions) was accused of a Violation of Probation on charges of Unlawful Possession of a Weapon, Assault, and Possession of CDS with Intent to Distribute (Attorney had previously obtained probation for him on these charges. Attorney arranged for his release on bail. While out on bail a confidential informant informed the State Police that he was coming into town with a large amount of heroin that he was going to sell. Troopers set up surveillance and attempted to pull Client over at his home. Client allegedly drove off at high speed and threw a package containing 8 bricks of heroin out the window then abandoned his car and fled on foot until he was apprehended.

Charges included Eluding in a Motor Vehicle (2C:29-2b) 2nd degree, Obstruction of Justice (2C:29-2a) 4th degree, Destruction of Evidence (2C:28-6) 4th degree, Possession of Heroin (2C:35-10a1) 2nd degree, Possession of Heroin with Intent to Distribute (2C:35-5b) 2nd degree, and Possession of Heroin with Intent to Distribute within 500 feet of a Public Housing Facility (2C:35-7.1a) 2nd degree.

Result: Client was facing 5 years in State Prison on Probation Violations, 10 years in State Prison on each of the 3 new 2nd degree charges and 18 months in State Prison on each of the 2 new 4th degree charges for a total exposure of 43 Years in Prison. Attorney challenged the validity of the motor vehicle stop and ownership of the heroin found outside the vehicle. Prosecutor agreed prior to indictment to a plea agreement to one count of Possession of Heroin (3rd degree) and one count of Eluding (2nd degree, but to be sentenced as 3rd) and two Violations of Probation. All other charges were Dismissed. At Sentencing Judge dismissed both Violations of Probation and sentenced client to 3 years state prison with one year parole ineligibility.

2007: Municipal Court – Attorney hired by family of girl with drug addiction charged in three separate towns with offenses. Client charged with Offering Alcoholic Beverage to Under Age Person in Violation of 2C:33-17A (a disorderly persons offense punishable by a fine of up to $1000 and 6 months in county jail); Violation of previously obtained Conditional Discharge on a Possession of Marijuana Charge; Being Under the Influence of Crack Cocaine in violation of 2C:35-10, Possession of CDS (Painkillers) in violation of 2C:35-10A, Possession of Drug Paraphernalia under 2C:36-2.

Result: Attorney assisted family with obtaining drug rehabilitation and treatment program for client. All drug charges and violation of conditional discharge were dismissed. Underage Alcohol Possession was amended to a Boro Ordinance with a $500 fine.

2007: Superior Court – Client was college student with no prior criminal record charged in a motor vehicle stop with Possession of Cocaine (2C:35-10A(1) a 3rd degree criminal offense carrying with it up to 5 years State Prison, a $35,000.00 fine and a suspension of driver’s license for up to 2 years.

Result: Attorney arranged entry into the Pre-Trial Intervention Program (PTI) and client was placed on a one year probation. If he completes it successfully he all charges will be dismissed and he will not have a criminal conviction. No fine and no loss of license.

2007: Superior Court – Client with 20 year extensive criminal record including more then 10 Superior Court convictions and two prior 5 year State Prison sentences all for white collar theft, deception, forgery, and fraud was indicted on charges of applying for credit cards under her daughters name without her permission and defrauding credit card companies out of more then $23,000. Plea offer on Indictment under multiple counts of 3rd Degree Theft by Deception (2C:20-4), Forgery (2C:21-1A1), and False Statements (2C:21-6B) was 5 Years New Jersey State Prison.

Result: Attorney attacked the validity of the State’s proofs regarding the on-line credit card applications and worked out plea bargain to 1 count of False Statements in Procuring Credit Card (4th degree). Client was sentenced to 3 years probation with restitution. No Jail.

2007: Superior and Municipal Court – Client charged with offenses that included Indictable Criminal Offenses arising out of a Domestic Violence dispute. Charges were Assault (2C:12-1A1), Criminal Mischief (2C:17-3A1), Criminal Restraint (2C:13-2A), Possession of a Weapon used in an Assault (2C:39-5D), and Possession of a Weapon for Unlawful Purpose (2C:39-4D). Client was facing up to 5 years State Prison on each of the 3rd Degree charges.

Result: Attorney and client decided upon the unusual strategy of having the client testify before the Grand Jury. The Grand Jury decided not to indict client and all Indictable Criminal Charges were dismissed. The Disorderly Persons Offenses were remanded to the Municipal Court where the attorney succeeded in having them dismissed. All charges were successfully dismissed.

2007: Municipal Court – Client charged with attempting to purchase alcoholic beverages in a bar while under the legal age under 2C:33-81.

Result: Amended to Boro Ordinance and $506 fine. No criminal record. No license suspension.

2007: Superior Court/Juvenile – Client charged with Creating a False Public Alarm (2C:33-3) by pulling a fire alarm in a middle school. Prosecutor offered plea to charge with Probation, 6 month postponement of driving privileges, and mandatory $12,000 fine.

Result: Attorney entered plea, but, argued to Judge at sentencing that client was a good student with no prior criminal record. Judge granted Deferred Disposition with 50 hours community service (If no further violations of law for 1 year, charge will be dismissed and juvenile will have no juvenile conviction record). No license suspension and No Fine.

2007: Municipal Court – Client was college student charged with hosting a house party in which minors were served alcohol (2C:33-17b) a disorderly persons criminal offense with penalties of a fine of up to $1000 and up to 6 months in jail. Student was looking forward to a professional career and wanted to avoid criminal record.

Result: Attorney obtained amendment to a non-criminal municipal ordinance and client was fined $256, an alcohol education program, and 10 days community service. No Criminal Record.

2007: Municipal Court – Client charged with Shoplifting and Receiving Stolen Property (2C:20-11b and 2C:20-7) from a Mall store. (Disorderly Persons Offenses each with penalties of a $1000 fine and six months county jail)

Result: Attorney obtained amendment to Township Ordinance with $500 fine. No jail. No Criminal Record.

2007: Superior Court – Police pulled over client for driving erratically, almost colliding twice with police car. Client failed psycho-physical tests and was arrested for DWI. Search of a cigarette pack in his pocket found Alprzolam (Xanax) and Carisoprodol in a tissue and a bottle containing methadone. Urine test was positive for a cocaine and methadone metabolites. Prosecutor obtained Indictment for Possession of CDS (Alprazolam) a 3rd degree charge under 2c:35-10. Client also charged with 4 motor vehicle offenses including DWI and Reckless Driving. Plea offer from State was plea to a 3rd degree charge with Probation conditioned upon serving 364 days in the County Jail.

Result: Attorney located a 3 year old prescription and pharmacy records to establish that client had once had a prescription for the Xanax. Charge was amended to a disorderly persons offense of Possession of a Prescription Drug not in the Proper Container (2C:35-24) with a fine of $550 plus costs with No Jail and No Probation. Client pled to DWI and received a 90 day license suspension concurrent to a 60 day suspension he was already serving.

2007: Municipal Court – Client charged with Improper Behavior (2C:33-2A), Fighting (2C:33-2A1), and Assault (2C:12-1A) after getting into a fight. All Disorderly Persons Offenses punishable by a fine of up to $1000 and six months county jail.

Result: Improper Behavior amended to Boro Ordinance with $406 fine, Fighting and Assault charges dismissed. No jail, No Criminal record.

2007: Municipal Court – Client charged with domestic assault (2C:12-1A) upon girlfriend by grabbing her and throwing her to the ground facing fine of up to $1000.00 and up to six months county jail. Client denied striking the alleged victim.

Result: Dismissed.

2007: Municipal Court – Client was college student from Massachusetts who while drunk at a Jersey Shore resort town was arrested and charged with Disorderly Persons Offense of Causing Public Inconvenience Annoyance or Alarm (2C:33-2A(1) facing up to 6 months county jail and $1000 fine with criminal record.

Result: Attorney obtained dismissal of charge so student did not get a criminal record. Pled guilty to a Boro Ordinance Violation and fined $250. No Jail. No Criminal Record.

2007: Municipal Court – Client with extensive criminal record observed by narcotics strike force coming out of known drug house and was pulled over. Police accused client of Obstruction of Justice (2C:29-1A) by refusing to exit his vehicle and swallowing narcotics, Resisting Arrest (2C:29-2A1) by fighting being handcuffed, and Possession of Narcotics Paraphernalia (2C:36-2).

Result: Possession of Paraphernalia dismissed. Both Obstruction of Justice and Resisting Arrest reduced to a City Ordinance each with a $1256 fine. No Jail. No Criminal Conviction.

2007: Superior Court – Client with extensive criminal record (six prior felony convictions) charged with possession of CDS (Heroin) and indicted under 2C:35-10a1. Plea offer from Prosecutor was 4 Years New Jersey State Prison or long term inpatient treatment.

Result: Attorney filed motion to suppress evidence and argued that police officer’s entry into living room of apartment where drugs were found was uninvited and unconstitutional given the officer’s pretext of entering the bedroom of the apartment to complain of a loud stereo. Client who was extended term eligible was facing up to 10 years State Prison and 6 months to 2 years loss of driver’s license if convicted. On the day suppression motion was to be heard Prosecutor agreed to amend charge to Attempt to Possess CDS 2C:5-1/2c:35-10a1 with one year non-custodial probation and no loss of driver’s license. Client was able to continue in out-patient treatment program he was already enrolled in.

2007: Municipal Court – Client charged with Shoplifting (2C:20-11B(1), a disorderly persons offense punishable by a $1000 fine and up to six months in jail.

Result: Attorney argued that concealment of merchandise was inadvertent and charge was amended to Boro Ordinance with a $356 fine and $150 restitution. No Jail. No Criminal Record.

2007: Superior Court – Client with 4 Superior Court Felony Convictions and 2 Municipal Court Convections charged on two separate occasions with Possession of CDs (Crack Cocaine) (2C:35-10a1). Client was extended term eligible and facing up to 10 years in State Prison and one year to four years loss of driver’s license.

Result: Attorney negotiated deal prior to indictment and client pled to accusation containing two counts of Possession of CDS. Client sentenced to one year non-custodial probation concurrent on both counts with drug evaluation and out-patient treatment and no suspension of driver’s license.

2007: Superior Court/Juvenile – Client charged with Underage Consumption of Alcohol (2C:33-15) and Possession of Drug Paraphernalia (2C:36-2).

Result: Underage Consumption of Alcohol dismissed. Plea to Possession of Paraphernalia with Deferred Disposition (if no additional offenses within one year charge will be dismissed)

2007: Superior Court – Client was college student from Connecticut charged with selling MDMA methylenedioxy-methaphetamine (Ecstasy) at a concert in New Jersey. Client Indicted on Possession of CDS 3rd Degree, Possession of CDs with Intent to Distribute 3rd degree, and Distribution of a Controlled Dangerous Substance 3rd Degree. Plea Offer from Prosecutor was 3 years New Jersey State Prison.

Result: Possession of CDS dismissed. Possession of CDS with Intent to Distribute dismissed. Distribution of CDS amended to Conspiracy to Distribute CDs and client received 1 year probation. No Jail.

2007: Superior Court – Juvenile – Client in a van with other juveniles was stopped and searched by police. Client charged with Underage Possession of Alcohol (2C:33-15) and Possession of CDS – Under 50 grams of Marijuana (2C:35-10a4)

Result: Attorney successfully argued that Alcohol and Marijuana belonged to other juveniles and not to the client. All charges Dismissed.

2007: Superior Court/Municipal Court – Client who was undocumented alien charged with the 3rd Degree Crime of presenting False Documentation to a Police Officer (2C:21-2.1C) (punishable by up to 5 years state prison), Failure to Yield at stop sign (39:4-144) (2 points), Careless Driving (39:4-97) (2 points), Unlicensed Driver (39:3-10) (fine of up to $500, 60 days in jail, and disqualification to obtain license for six months), and Expiration of Non-Resident Touring Privileges (39:3-15).

Result: Attorney obtained downgrade of 3rd degree Indictable Criminal Offense to a Disorderly Persons offense of presenting a false license which was then further downgraded to a Municipal Ordinance violation with a $250 fine, no jail, no criminal record. Client pled guilty to Careless Driving and was fined $206 and Driving with an Expired License and fined $256, no jail, no license suspension.

2007: Superior Court/Municipal Court – Client accused of threatening another driver with a knife in a road rage incident stopped by police. After removing client from car, officers searched the vehicle and found a bag of marijuana and two glass pipes. Client charged with Possession of Marijuana (2C:35-10a4), Possession of Drug Paraphernalia (2C:36-2), Possession of CDS in a Motor Vehicle (39:4-49.1) (2 year loss of license), Terroristic Threats (2C:12-3B) (3rd degree criminal offense) downgraded by County Prosecutor to Harassment (2C:33-4(a)).

Result: Attorney filed Suppression Motion and argued that search of vehicle once defendant had been removed from it and secured in police car was illegal. Possession of Marijuana, Possession of Drug Paraphernalia, and Possession of CDS in a Motor Vehicle were all dismissed. Client pled guilty to petty disorderly persons offense of harassment and was fined $356. No jail. No license suspension.

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*While all of these results were actually obtained by Wolf Law in the Municipal Courts and Superior Courts of the State of New Jersey, the success in these cases does not guarantee a similar success in any future case. Clients names have been removed to protect their privacy. Due to the delay in posting these cases to this web site some cases may actually have taken place in the year before their posting date as it appears above.