Criminal Results 2008

2008: Municipal Court – Client charged with Possession of Marijuana (2C:35-10(a)(4) (Disorderly Persons Offense punishable by up to six months in jail, a fine of up to $1,000, and a 6 month to 2 year driver’s license suspension) and Possession of Drug Paraphernalia (2C:36-2) (same penalties).

Result: Client held securities licenses for which even a Conditional Discharge would cause a loss of employment. Attorney filed a Motion to Suppress the Automobile Stop and Search arguing that the Police Officer did not have a sufficient suspicion of unlawful activity to stop the defendant who was lost and made a u-turn. Attorney also argued that the Police Officer did not have probable cause to search a wooden box located in the center console of the care which contained the marijuana. The Court granted the Suppression Motion and all of the charges were dismissed.

2008: Superior Court – Client charged 3rd Degree Crimes of Burglary (2C:18-2) and Theft of Movable Property (2C:20-3a) by breaking into 10 automobiles and stealing stereos and GPS devices. Potential penalties were 5 years in State Prison and $30,000 in fines for each offense.

Result: Attorney negotiated a plea to one count of 3rd Degree Theft and client was permitted to apply to Pre-Trial Intervention (PTI). Client was accepted into PTI Program and all criminal charges were eventually dismissed.

2008: Municipal Court – Client charged with Possession of Marijuana (2C:35-10(a)(4) and Possession of CDS in a Motor Vehicle (39:4-49.1). Potential penalties were 6 months in jail, a $1000 fine and a 6 month to 2 year licenses suspension on the criminal charge and a two year loss of license on the motor vehicle charge.

Result: Attorney obtained a Conditional Discharge on the criminal charge (1 year non-reporting probation and $800 in penalties) and obtained a dismissal of the motor vehicle charge with no suspension.

2008: Superior Court – Client with extensive criminal record was on probation for two 3rd Degree charges of Distribution of Heroin (2C:35-5b(3). Client was arrested on new charge of Possession of Heroin (2C:35-10a(1) and charged with a violation of his original probation for failure to report and for committing a new offense. Client was facing the 5 years in State Prison on the Probation Violation and 5 years in State Prison on the new offense.

Result: Attorney assisted the client into entering a drug treatment program and negotiated a plea arrangement for a probationary sentence with an extension of probation and no jail time.

2008: Superior Court – Juvenile – Minor charged with Criminal Mischief (Disorderly Persons Offense) for setting fire to a township shed.

Result: Charge amended to Disorderly Conduct (a Petty Disorderly Persons Offense) and a Deferred Disposition was entered by the Court. Four months later the charges were dismissed and the minor has no record of a criminal conviction.

2008: Municipal Court – Client charged with Disorderly Conduct (2C:33-2A(1) and Interfering with a Lawful Arrest (2C:29-2A(1)) both Disorderly Persons Offenses carrying with them a Criminal Record, 6 months in jail and a $1000.00 fine.

Result: Both criminal offenses were amended to Municipal Ordinances and client was fined $789.00 with No Criminal Record.

2008: Municipal Court – Client charged with Shoplifting jewelry at a department store a Disorderly Persons Criminal Offense carrying a penalty of up to 6 months in jail and a $1,000.00 fine.

Result: Criminal charge was amended to a non-criminal Municipal Ordinance with a $433.00 fine. No Jail. No Criminal Record.

2008: Municipal Court – Client who was thrown out of bar re-entered it and was arrested and charged with Defiant Trespass (2C:18-3B), Possession of Marijuana (2C:35-10A), and Possession of Drug Paraphernalia (2C:36-2). Client who had a prior drug conviction was not eligible for a Conditional Discharge and was concerned about the 6 month – 2 year driver’s license suspension for the drug offense.

Result: The Criminal Trespass was amended to a Municipal Ordinance with a $533.00 fine. The Drug Paraphernalia charge was dismissed. A guilty plea was entered to the Marijuana charge with a $500.00 fine. Attorney argued that the client who worked for a mutual fund would lose his job without a driver’s license and the Court made a finding of Exceptional Circumstances and did not suspend the client’s license.

2008: Bergen County- Criminal Charges from Rutherford. All records and information relating to the January 11, 2006 arrest of client for violation of N.J.S.A. 2C:37-4A, gambling.

Result: The client was accepted into the Bergen County Pre-Trial Intervention Project and an Order of Postponement was filed on May 22, 2006 under an indictment and after successfully completing the Pre-Trial Intervention Project, this indictment against him was dismissed by Order on October 23, 2007 by the Superior Court of New Jersey, Bergen County.

2008: Essex County- Criminal Charges from the City of Newark. All records and information relating to the March 6, 2002 arrest of client for being in violation of N.J.S.A. 2C:35-10a(1), possession of cocaine, in violation of N.J.S.A. 2C:35-5a(1)b(3), possession with intent to distribute and in violation of N.J.S.A. 2C:25-7, possession with intent to distribute CDS/school.

Result: The client was accepted into the Essex County Pre-Trial Intervention Project and the Order of Postponement was filed on February 10, 2003 under an indictment and this indictment against him was dismissed by Order on January 11, 2005 by the Superior Court of New Jersey, Essex County.

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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.