Criminal Results 2009

2009: Municipal/Juvenile Court – Client who had turned 18 was on probation for a juvenile offense when arrested on a Prostitution charge in violation of 2C:34-1(b)(1) and also charged with a violation of her probation for the new criminal charge as well as for not reporting to probation.

Result: Attorney succeeded in reducing the Prostitution charge down to a Municipal Ordinance with a $2000 fine. The violation of probation resulted in no jail time with a 6 month extension of the probation with drug and alcohol evaluation.

2009: Superior Court – Client who was a legal resident in the United States for over 25 years became intoxicated and threatened his wife, daughter, and daughter’s boyfriend. He was charged with 2C: 12-3A, 3rd Degree, Terroristic Threats; 2C:17-3A (1) Criminal Mischief, a disorderly persons offense; and 2C:33-4B Harassment, a petty disorderly persons offense. Client was facing up to 5 years in State Prison and deportation if convicted of the indictable charges.

Result: Attorney was able to obtain a dismissal of the indictable felony charges and client pled guilty to Harassment, 2C:33-4a, a disorderly persons offense. He was sentenced to probation (1 year) with the conditions of anger management treatment, and drug and alcohol treatment. No jail time and no felony conviction that would have resulted in deportation.

2009: Juvenile Court – Juvenile and three friend set a fire in an abandoned building causing its complete destruction. The client was charged with 2C:17-1(a)(2), Aggravated Arson (2nd Degree); 2C:17-b(2), Arson (3rd Degree); 2C:5-2(a)(1), Conspiracy (3rd Degree); 2C:18-2(a)((1), Burglary (3rd Degree); 2C:5-2(a)(1), Conspiracy (2nd Degree); 2C:39-4c, Possession of a Weapon for Unlawful Purposes (2nd Degree); 2C:39-3(a), Possession of a Weapon (2nd Degree);2C:17-1(c)(2) – Failure to Report Fire (4th Degree).

Result: Attorney attempted to avoid an arson conviction which is an offense that can never be expunged from a criminal record. Attorney argued that the client was not the individual that set the actual fire and in fact he tried to extinguish it. A plea was negotiated to one count of 2C:17-2 Criminal Mischief (3rd Degree). Client was sentenced to 1 year probation, court ordered therapy program, 20 hours of Community Service, and $45.

2009: Superior Court – Client was in possession of a handgun without a permit and was charged with 2C:39-5b Unlawful Possession of a Weapon (handgun), 39:3F Unlawful Possession of Dum-dum or body armor penetrating bullets, and 2C:35-10A Possession of a CDS (50g or less of Marijuana).

Result: Client pled guilty to 2C:39-5b Unlawful Possession of a Weapon, and got a non-custodial probation term and had to forfeit the weapon tot he police (with the approval by prosecutor of Graves Act Waiver). All other charges were dismissed.

2009: Municipal Court – Client was accused of pursuing his ex-girlfriend and her new boyfriend in a car and then threatening them with a crow bar. Client was arrested and charged with 2C:33-4(c)Harassment, a Disorderly Persons Offense punishable by a fine of up to $1000 and 6 months in jail.

Result: The charge was amended to a borough ordinance with a $391 fine. No Jail. No Criminal Record.

2009: Superior/Municipal Court – Client was accused of bow hunting in a residential area bordering a park. Police found a car registered to the client with weapons in it along with a deer that had been killed and gutted. One individual was arrested and the police observed an individual they contended was the client running off into the woods. The client was charged with 2C:39-4D, possession of a weapon for an unlawful purpose; 2C:39-5D, unlawful possession of a weapon; 2C:29-1B, obstruction of the administration of the law; and 2C:29-3A, hindering the apprehension of a suspect, 39:4-48 Using a Motor Vehicle without Owner Consent, 39:3-47 Headlamps Required After Dusk, and 39-4:126 Failure to Signal Turn. The criminal charges were 3rd degree offenses carrying with them a maximum penalty of 5 years in State Prison and fines of up to $35,000.00.

Result: The matters were remanded back to the municipal court and the attorney obtained a dismissal of all of the criminal and motor vehicle charges including 2C:39-4D,2C:39-5D, and 2C:29-3A, 39:4-47 (Headlamps) and 39:3-48 (MV without Consent). Guilty pleas were entered to civil hunting offenses and a local municipal ordinance and client was fined $1,095. No jail. No criminal conviction.

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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.