2010 Criminal Defense Results

2010: Superior Court – Client was 21 year old girl with young child accused of repeatedly striking with a baseball bat another girl with whom she had a long-standing feud. The entire incident was recorded by security cameras in the supermarket parking lot where it took place. Client was indicted on a 2nd Degree Aggravated Assault which carried with it 5 to 10 years in State Prison subject to the No Early Release Act (NERA) which requires serving 85% of the prison term before being eligible for parole. Client was indicated under 2C:12-1b(1) Aggravated Assault in the 2nd degree, 2C:39:4d Possession of a Weapon for an Unlawful Purpose in the 3rd degree, and 2C:39-5d Unlawful Possession of a Weapon in the 4th degree Plea Offer from the Prosecutor was 5 years in State Prison having to serve 4 year 3 months before being eligible for parole. Attorney advised client to reject the offer and take the case to trial.

Result: The case was tried before a jury for one week in June 2010. The attorney argued that while the defendant was guilty of an Aggravated Assault, it was a 3rd Degree, not a 2nd Degree. A 2nd Degree Aggravated Assault under 2C:12-1(b)(1) requires an intent to cause serious bodily injury (risk of permanent impairment or death) while a 3rd Degree under 2C:12-1(b)(7) requires an intent to cause significant bodily injury (temporary loss of function of bodily member). The Jury agreed and found the defendant NOT GUILTY on the 2nd Degree Aggravated Assault. The client was sentenced to 3 years of probation on the 3rd Degree Aggravated Assault and the Possession of a Weapon and did not go to jail.

2010: Municipal Court – Client drank to the point of a blackout and was charged with 2C: 12-1(a) Simple Assault after an incident at a charity function which involved biting the finger of another lady attending the function. The client had no recollection of the events.

Result: Attorney had client enroll in alcohol treatment program and tested for AIDS and Hepatitis with negative results provided to the victim. The charge of 2C:12 – 1(a) was amended to a borough ordinance and a fine of $108 was assessed.

2010: Municipal Court – Client was pulled over in motor vehicle stop and police found CDS in the vehicle. Client charged with 2C:36-2, Possession of Drug Paraphernalia; 2C:35-10A(4) Possession of CDS; 2C:34-7.1A, Possession of Marijuana with Intent to Distribute within 500 feet of a Public Park; and 2C:35-5A(1), Possession with Intent to Distribute.

Result: Remand to Municipal Court. Charges of 2C:35-7.1A Possession with Intent to Distribute within 500 feet of a Public Park and 2C:36-2 Possession of Drug Paraphernalia were dismissed. Attorney obtained a CD (Conditional Discharge) on the Marijuana charge, 2C:35-10A(4) Possession of CDS and was placed on 1 year probation plus $833 in fines and court fees. If no further violations in the year, the charges will be dismissed.

2010: Municipal Court – Client was arrested for a violation of 2C:33-15 Underage Drinking which is a disorderly persons criminal offense.

Result: Attorney obtained downgrade to non-criminal borough ordinance with a $100 fine.

2010: Municipal Court – Young man who was under the influence of heroin charged with 2C:12-1(a) Simple Assault upon his father.

Result: With his family’s cooperation, the client was admitted into a residential drug treatment program which he successfully completed. Upon finishing treatment, the criminal charge was completely dismissed.

2010: Juvenile Court- The client, was a teenage girl charged with 2C: 35-10a(1) Possession of a Heroin on three separate occasions.

Result: Client successfully completed an out-patient drug treatment program and was actively involved in a 12 step program. Client pled guilty to Count 1, a 3rd degree charge, and received 1 year probation. Counts 2 and 3 of 2C:35-10a(1) were dismissed.

2010: Superior Court – Client who had 7 prior felony convictions was charged under 2C:35-10(a)(1) with Possession of a Cocaine, a 3rd degree felony punishable by up to 5 years in State Prison and a fine of up to $35,000; and under 2C:36-2 with Use or Intent to Use Drug Paraphernalia, a disorderly persons offense.

Result: The Paraphernalia charge was dismissed. The Possession of Cocaine charge was amended to a charge of 2C:35-10C Failure to Make Proper Disposition of CDS, a disorderly persons offense with a $625 fine.

2010: Municipal Court – Client was pulled over for failure to wear a seatbelt. The officer smelled burnt marijuana and saw it in plain view. Client was arrested and charged under 2C:35-10(a)(4) with Possession of Less than 50 grams of Marijuana as well as a motor vehicle offense of Possession of CDS in a Motor Vehicle (39:4-49.1) which carries with it a mandatory 2 year suspension of driver’s license.

Result: The Possession of CDS in a Motor Vehicle offense was dismissed and client was granted a Conditional Discharge (CD) on the Marijuana charge where he was placed on probation for 1 year and so long as there is no positive drug tests or new arrests, the charges will be dismissed.

2010: Superior Court – Client charged with 3rd Degree Theft under 2C: 30-3. Extensive investigation revealed that he was stealing lottery tickets, cash, and under-ringing merchandise in liquor store where he worked.

Result: Attorney argued that police really could not prove he was responsible as opposed to others working in the store and Prosecutor agreed on acceptance into Pre-Trial Intervention(PTI) which was
approved by the Court. Client must do 75 hours of community service and pay $5000 restitution and all charges will be dismissed.

2010 Superior Court – Client who had previously been incarcerated on 4 prior Superior Court Drug Convictions and who had 24 prior Municipal Court convictions was initially arrested and charged under 2C:35-5, Possession of Cocaine with Intent to Distribute, a 3rd degree offense. While this charge was pending, client was again arrested and charged with Possession of Cocaine under 2C:35-10(a)(1).

Initial Result: Attorney filed a suppression motion challenging the validity of the search and Prosecutor agreed to amend the charges to Conspiracy to Possess CDS under 2C:5-2 and 2C:35-5b with a sentence of probation conditioned upon 364 days in jail.

While the sentencing was still pending, Client was again arrested and charged in a 51 Count RICO Indictment with being a principal member of a narcotics distribution network. The charges were based upon a year long investigation which included undercover investigation, extensive wiretaps, photographic surveillance, and 8 undercover cocaine buys made by police officers from the client. The actual charges included Racketeering Conspiracy, 1st Degree (2C5-2 and 2C:41-2d); Conspiracy to Distribute Controlled Dangerous Substance, 2nd Degree (2C:5-2 and 2C:35-5(b)(1); 7 Counts of Possession of CDS – Cocaine – 3rd Degree (2C:35-10(A)(1); 6 Counts of Possession of CDS with Intent to Distribute (2C:35-5B(2), 2nd Degree; 5 Counts of Distribution of CDS (2C:35-5(B)2, 2nd Degree; 2s Counts of Possession of CDS with Intent to Distribute (2C:35-5B(1), 1st Degree; Distribution of CDS (2C:35-5B(1), 1st Degree; Possession of a Firearm in the Course of Committing a Drug Offense (2C;35-5 and 2C:39-4.1A), 2nd Degree; Being a Certain Person not permitted to Possess Firearms (2C:39-7B(1), 2nd Degree; and Distribution of CDS (2C:35-5B(1), 1st Degree.

Final Result
: Client was facing Life Imprisonment with 30 Years of Parole Ineligibility on the drug charges with a consecutive sentence of 10 years with 5 Years of Parole Ineligibility on the weapons charges which meant he would have to serve at least 35 Years in State Prison. The Attorney vigorously defended the case and filed Motions to Suppress the Wiretaps, Motions to Suppress the seizure of the cocaine, and Motions to Dismiss the Racketeering Counts of the Indictment. Click here to read the Brief on the Motion to Suppress the Cocaine seized. Click here to read the Brief on the Motion to Dismiss the Racketeering (RICO) Charges and to Suppress the Wiretaps.

Following hearings on the various motions, but prior to the Judge deciding them, Attorney was able to negotiate a plea for a dismissal of the Racketeering Charges and entry of pleas to one count each of 2nd Degree Conspiracy to Distribute CDS, 1st Degree Distribution of CDS, 2nd Degree Possession of CDS with Intent, and 2nd Degree Certain Persons not to have Firearms. The sentence was 18 years in State Prison with 9 Years of Parole Ineligibility to run concurrent to the other charges on which he was awaiting sentencing.

2010: Municipal Court – Client was in car with his friend, who was driving erratically. An officer noted the behavior and pulled over the car. Both of the individuals exhibited signs of drug use and the officer smelled marijuana. Numerous officers responded to the scene and searched the car finding drugs and paraphernalia. The client was charged with 2C:35-10(a)(4) Possession of Marijuana under 50 grams and 2C:36-2 Possession of Drug Paraphernalia.

Result: Attorney filed a motion to suppress all evidence seized in the search arguing that the police did not have exigent circumstances to justify a warrantless search. The motion was granted and all charges were dismissed. Click here to read the brief filed on the suppression motion.

2010: Municipal Court – Police got a tip that the client was in possession of a Controlled Dangerous Substance (CDS) and would be delivering it to a friend’s house. An officer went to home and found .38 grams of cocaine. Client was charged with 2C:35-10(c) Possession of CDS and Failure to voluntarily turn it over to a Law Enforcement Officer.

Result: Attorney obtained a conditional discharge for the client and she was placed on one year probation and fined $875.00 with no record of a criminal conviction, no jail, and no loss of driver’s license.

2010: Superior/Municipal Court – Client who was awaiting entry into the United States Navy got into an altercation with another person in a gas station parking lot and in an attempt to scare him pulled out a knife. Client then thought better of it and put away the knife. A complaint was made to the police and he was charged with 2C:12-1B(2) Attempted Aggravated Assault with a Weapon and 2C:39-5D Unlawful Possession of a Weapon both indictable criminal charges.

Result: The charges were remanded to the municipal court where the attorney obtained a dismissal of the assault charge and the charge of 2C:39-5D Unlawful Possession of a Weapon was amended to a Municipal Ordinance with a $2100 fine. The result was no criminal conviction and the client was able to enter into the Navy.

2010: Municipal Court – Client got into an altercation with a woman in the parking lot of a store. The client was then charged with 2C:12-1(a), Assault and 2C:33-4(a), Harassment.

Result: Charges were amended to a borough ordinance to which the client pled guilty. The fine was $306 plus $30 in court fees and was ordered to anger management counseling.

*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.