2011 Criminal Defense Results

2011 – Municipal Court: Client was arrested on two different occasions, within a one week period. On the first arrest the client was charged with 2C:33-2A Disorderly Conduct, 2C:29-2 Resisting Arrest, and Borough Ordinance (“B.O.”) 218-7B Open Container of Alcohol. On the second arrest the client was charged with 2C:33-2A Disorderly Conduct, 2C:29-2 Resisting Arrest, and 39:4-34 Jaywalking. The client had punched a street sign and verbally abused police officers while drinking.

Result: Attorney obtained an amendment of both counts of 2C:33-2A and 2C:29-2 to a non-criminal municipal ordinances which the client pled guilty to. The client paid approximately $900 in fines and court fees.

2011 – Superior Court: Client was a resident of Maryland attending a Phish Concert at the PNC Bank Arts Center in Holmdel. He was observed by an undercover New Jersey State Police officer handing a bag that appeared to contain drugs to another individual in the parking lot. He was arrested and a search revealed that the bag contained “Molly” which is a common term for Esctasy. The client was charged with 2C:10(a)(1) 3rd Degree Possession of a CDS which is a felony punishable by up to 5 years in State Prison.

Result: A plea was reached in Pre-Indictment Plea Court (PIP) where the charge was amended to 2C:35-10(c) Failure to Turn Over CDS, a Disorderly Persons Offense. Client had to pay $703 in fines and court fees and go for substance abuse counseling in his home state. No felony conviction.

2011 – Municipal Court: A domestic violence incident occurred between a parent and teen-age child. The parent did not wish to press charges against the child, however the child was taken into custody. A search incident to arrest found a small amount of marijuana and client was charged with 2C:35-10(a)(4) Possession of Marijuana under 50grams. Client was charged with 2C:12-1(a) Simple Assault and 2C:17-3 Criminal Mischief.

Result: Attorney obtained findings of Not Guilty on the 2C:12-1(a) and 2C:17-3 criminal charges. Further, the client was granted a 12 month Conditional Discharge of 2C:35-10(a)(4) with $703 in fines and court fees. So long as the client is not arrested on new drug charges in the next 12 months, the charge will be dismissed.

2011 – Superior Court: Client (who had no criminal record) was charged in a multi defendant indictment with various weapons and drug charges resulting from the search of his home. The 7 count indictment alleged that he possessed marijuana, possessed marijuana with intent to distribute, possessed marijuana with intent in a school zone, and possessed a weapon (a machete). The target of the investigation was actually the client’s son.

Result: The attorney filed a Motion to Dismiss the Indictment. The Court granted a dismissal of the weapons charge. The balance of the charges were then dismissed by the Prosecutor following pleas entered by the co-defendants.

2011 – Superior Court: Client (who had no criminal record) was charged in a multi-defendant indictment with various weapons and drug charges resulting from the search of his home. The 7 count indictment alleged that he possessed marijuana, possessed marijuana with intent to distribute, possessed marijuana with intent in a school zone, and possessed a weapon (a machete). The target of the investigation was actually the client’s son.

2011: Superior Court – Client was outside his girlfriend’s home when two women who had an incident with his girlfriend in a club came up and started a fight. The client (who is a 200 lb male) punched one of the women in the face shattering the orbit of her eye and causing nerve damage which required surgery and resulted in blurred vision and intense pain for many weeks after the incident. Client was charged with 2C:12-1B(1) Aggravated Assault 2nd degree. In separate arrests, he was also charged with 2C:35-10A(3) 4th degree Possession of CDS, 2C:39-3H 4th Degree 2 Counts of Possession of a Prohibited Weapon (Stun Gun), 2C:35-10A(1) Possession of CDS 3rd degree cocaine, and three disorderly persons offenses: 2C:35-10A(4) Possession of Marijuana under 50 grams, and 2 counts of 2C:36-2 Use of Drug Paraphernalia. Client was facing up 31 years in prison and $305,000 in fines.

Result: Defense attorney negotiated a plea bargain where the charges of 2C:35-10A(3) Possession of a CDS 4th degree and 2C:35-10A(4) Possession of Marijuana under 50 grams were dismissed.
Guilty pleas were entered to the following charges:
Aggravated Assault – 5 years with 85% (NERE – No Early Release Act) and civil restitution ($1619)
Possession of a Prohibited Weapon x 2 (4th Degree) – 18 months jail (concurrent)
Possession of a CDS (3rd Degree) – 3 years flat, with $1115 (concurrent)
Possession of a CDS (3rd Degree) – 3 years flat
All jail time was run concurrent so the client will actually serve 4 years and 3 months with 3 years of parole supervision following release.

2011: Municipal Court – Client was driving his uncle’s car, who was 30 years his senior. His uncle at the time had a suspended license. The client was pulled over and the police officer confirmed his license was not suspended. Later the officer who pulled the client over saw him walking down the street and stopped him. The officer never stated in the police report that he felt threatened, but, nonetheless performed a pat down and found marijuana and drug paraphernalia. Client was charged with 2C:35-6 Possession of Drug Paraphernalia and 2C:35-10A(4) Possession of Marijuana under 50 grams.

Result: Attorney filed a Suppression Motion which argued that all of the evidence (marijuana and drug paraphernalia) should not be admissible at trial because the evidence was obtained as a result of an unconstitutional unlawful search. The Attorney filed a Suppression Brief challenging the legality of the initial stop and the pat-down search. A pat-down search for weapons is only permitted if the Officer has reason to feel threatened or to believe that the person is armed. As a result the charges of Possession of Marijuana and Possession of Drug Paraphernalia were both dismissed and Client was found guilty of a non-criminal Boro Ordinance of Improper Behavior and fined $758. Click here to read a copy of the Brief in this case.

2011: Municipal Court – Client was charged with 2C:12-1(a) Simple Assault and 2C:17-3A(1) Criminal Mischief.

Result: The charge of 2C:1(a) Simple Assault was dismissed. The Criminal Mischief, 2C:17-3A(1) was amended to a non-criminal borough ordinance of disorderly conduct which the client pled guilty to with a fine of $488.

2011: Municipal Court – Client had received a conditional discharge on a marijuana offense and violated it by testing positive for drugs and by being arrested for possession of cocaine. The Judge had told her she was going to receive 90 days in the County Jail before she hired this defense attorney.

Result: Attorney made sure the client was enrolled in a drug treatment program and was able to get good progress reports on her treatment. The Judge suspended the 90 day jail sentence.

2011: Superior Court – Client was arrested after an undercover police officer got a tip of a drug sale. The car the client was in was pulled over and a plastic bag was found in the center console containing cocaine. When the client tried to put it in his pocket to hide it, he was arrested. Client was charged with 2C:35-10A(1) 3rd Degree Possession of a CDS, 2C:35-5A(1) 3rd Degree Distribution of CDS, and 2C:35-7.1 Possession with Intent to Distribute within 500 feet of a Park a 2nd degree offense. Client was facing up to 10 years in State Prison.

Result: A plea agreement was reached in which the Distribution, and Possession with Intent in a Park Zone were dismissed and client received non-custodial probation for 2C:35-10A(1) Possession of CDS.

2011: Municipal Court – Client was involved in a domestic dispute and kicked his girlfriend on a train platform in view of a police officer. He was charged with 2C:12-1A(1) Simple Assault. A conviction would have resulted in the loss of his job in the securities industry.

Result: Charge was dismissed. The No Victim contact Order was lifted.

2011: Municipal Court – Client, who was on probation, lied to police stating he was unaware of the location of a missing juvenile after being contacted by the police during an investigation. The police subpoenaed telephone records indicating that he had been in contact with her. The client was charged with 2C:29-1(a) Obstructing an Investigation, which while being a Disorderly Persons Offense would result in a probation violation and possible jail time.

Result: The Obstruction charge was reduced to a non-criminal borough ordinance and the client pled guilty. Client was given a $1,000 fine and did not receive any jail time and his probation was not violated.

2011: Superior Court – Client was involved in a domestic violence incident. He had been drinking all afternoon and confronted his girlfriend over rumors that she had been cheating on him. He did not believe the victim when she told him the rumors were false and he went into the kitchen and got a knife and threatened her with it. Client was charged with 2C:12-1B(2) Aggravated Assault with a Deadly Weapon (3rd Degree), 2C:12-3B Terroristic Threats (3rd Degree),2C:39-4D Possession of a Weapon for an Unlawful Purpose (3rd Degree), and 2C:39-49 Unlawful Possession of a Weapon (4th Degree). Client was facing up to 15 years in state prison and $15,000 in fines if convicted.

Result: Attorney negotiated a plea agreement where client pled guilty to a single count of 2C:39-4D Possession of a Weapon for an Unlawful Purpose. The charges of 2C:12-1B(2) Aggravated Assault with a Deadly Weapon, 2C:12-3B Terroristic Threats, and 2C:39-49 Unlawful Possession of a Weapon were all dismissed. Client was sentenced to non-custodial probation for 1 year, Anger Management classes, 100 hours of community service, Drug Screening and Substance Evaluation.

2011: Municipal Court – Client was walking down the street and a police officer in a patrol car saw him with what the officer believed to be a knife sticking out of his pocket. The client was stopped and searched and the officer located the knife and charged him with 2C:39-5D Unlawful Possession of a Weapon. While in police custody marijuana was found on his person, and he was subsequently charged with 2C:35-10A Possession of Marijuana under 50 grams.

Result: The attorney filed a Suppression Motion arguing that the initial stop and search of the client was unconstitutional and the officer could not have seen the knife which was hidden under the client’s shirt. The charge of 2C:39-5D Unlawful Possession of a Weapon was dismissed. A Conditional Discharge was granted on 2C:35-10A which will result in the dismissal of that charge so long as the client is not arrested again nor tests positive for drugs for 1 year.

2011: Superior Court – Police were called to Highway rest area in response to erratic driving by client. After being placed under arrest for DWI, Client was searched and found to be in possession of Heroin, Crack Cocaine, and 80 small glass jars of Marijuana. Client had extensive criminal history consisting of 12 arrests that resulted in 4 Superior Court convictions for narcotics related offenses and one municipal court conviction. Charges included two counts of possession of CDS under 2C:35-10A(1).

Result: Despite client’s prior record, Attorney was able to obtain non-custodial probation with Drug Evaluation and Treatment.

2011: Municipal Court – Client was arrested for a DWI. While being booked she was asked to remove her personal effects. She refused and requested that a female officer be present. The two male officers told her that a female officer wasn’t required to be present and they attempted to forcibly remove her personal effects before placing her in a jail cell. She kicked one of the officers in the knees and then removed her effects. When they tried to place her in the jail cell she again started screaming and striking the officers. She was charged with 2C:12-1B(5)(A) Assault on a Police Officer and 2C:29-2A(1) Resisting Arrest.

Result: Attorney argued that defendant was intoxicated at the time and did not know what she was doing. She was a licensed Dental Assistant and the Dental Board had already indicated that she would be suspended if convicted of a criminal charge. The State dismissed the charge of 2C:12-1B(5)(A) Assault on a Police Officer and the charge of Resisting Arrest was amended to a non-criminal township ordnance of improper behavior with a fine of $1,039.

2011: Municipal Court – Client was an 18 year old arrested for 2C:35-10(a)(4) Possession of a CDS (Marijuana under 50 grams) and 2C:36-2 Possession of Drug Paraphernalia.

Result: Client was granted a Conditional Discharge and received 1 year probation and approximately $800 in fines. If he is not arrested and does not have a positive drug test for a period of 1 year, the charges will be dismissed.

2011: Municipal Court – Client was outside of a bar and began to scream and yell while flailing his arms, creating a public disturbance. He was charged with 2C:33-2(a)(1) Disorderly Persons.

Result: Charge was amended to a city ordinance with a $88 fine.

2011: Superior Court – Client was arrested while on Conrail property and found taking apart old railroad tracks to sell the metal for scrap. He was charged with 2C:20-3(a) Theft of Moveable Property 3rd degree, 2C:17-3(b)(1) Criminal Mischief in the 3rd Degree, and 2C:18-3(a) Unlicensed Entry of Structures 4th degree.

Result: Attorney appeared with Client in Pre-Indictment Plea Court prior to the matter being indicated by a Grand Jury. The Prosecutor agreed to amend the Theft charge to a disorderly persons offense and to dismiss the Criminal Mischief and Unlicensed Entry. Client pled guilty to the disorderly persons theft charge and paid a $158 fine.

2011: Superior Court – Client who was already on PTI for a drug offense was charged with 2C:35-10A(1) Possession of CDS Heroin, a 3rd degree crime.

Result: Charge was amended to 2C:5-2 Conspiracy to Possess CDS. Client was sentenced to two years probation, with the terms being successful completion of an Intensive Outpatient Substance Abuse Treatment Program following all recommendations, full participation in self help recovery group meetings 3 to 5 times a week, and must submit to random urine monitoring.

*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.