2012 Criminal Results

2012 – Municipal Court: Client met a girl on an internet dating site. On their first date they were parked in a public park where the girl smoked marijuana. Two police officers approached the vehicle, smelled the marijuana, and saw a joint on the floor of the car. The resulting search revealed marijuana and a bottle of Bacardi rum. The girl told the police that the marijuana belonged to the client and was not hers. Client was charged with 2C:35-10(a)(4) Possession of Under 50 grams of Marijuana, 39:36-2 Possession of Drug Paraphernalia, and 193-3(E) Drinking Alcohol in a Public Park.

Result: Attorney made a motion to dismiss the drug charges after the girl failed to appear in court. The court dismissed 2C:35-10(a)(4) and 2C:36-2. The Client pled guilty to a municipal ordinance (non-criminal charge) for the possession of alcohol in the park and paid $389 in fines and fees.

2012 – Superior Court: Client’s boyfriend was under surveillance by the police as a suspected drug dealer. Client was observed by the police driving the boyfriend to a motel where he sold heroin. Both of them were arrested following the sale and a search of their vehicle revealed packets of heroin. Client was charged with 2C:35-10(a)(1) Possession of a Controlled Dangerous Substance (“CDS”), namely heroin, two counts of 2C:35-5a(1) Possession of a CDS with Intent to Distribute, two counts of 2C:35-5b(3) 3rd Degree Possession (less than 5 oz.) was facing up to 5 years in State Prison.

Result: Attorney negotiated a plea deal in which in exchange for the boyfriend’s guilty plea (he received probation) all charges were dismissed against the client.

2012– Municipal Court – Client is an 18 year old girl pulled over for 39:4-88b. The Officer while engaged in the traffic stop believed he smelled marijuana and performed a search with a canine, who indicated that there were drugs in the vehicle. The dog found marijuana, a scale, and a pipe to smoke marijuana. The client was charged with 2C:10(a)(4) Possession of Under 50 grams of Marijuana and 2C:36-2 Possession of Drug Paraphernalia.

Result: The court dismissed 2C:36-2. A Conditional Discharge was granted on 2C:35-10(a)(4). The court amended 39:4-88b to 39:4-67 Obstructing the Roadway. Client paid approximately $1,000 in fines and court fees and had no criminal conviction.

2012: Superior Court: Client was charged with 2C:24-4 2nd Degree Endangering the Welfare of a Child after repeatedly striking his 6 year old daughter when he found her engaging in sexually oriented play with another child. Due to the nature of the child’s injuries, this would have resulted in a mandatory 5 year State Prison sentence with him having to serve 85% of it without parole.

Result: The attorney successfully negotiated the charge down to 2C:24-4 3rd Degree Endangering the Welfare of a Child, and client pled guilty. He was sentenced to 2 years probation, cooperation with DYFS, and successful completion of a Nurturing Program/Parenting Class.

2012: Superior Court – Client was an 18 year old charged with two counts of Assault by Auto, one in the 2nd Degree and one in the 4th Degree which resulted from a an automobile accident in which one of his passengers was seriously injured when he the client lost control of his car at a high rate of speed while drunk. He was also charged with 39:4-50 Driving Under the Influence and had a .14% BAC. If convicted on the 2nd degree charge he would have received at least a 5 year State Prison Sentence and have had to serve 85% of it without parole.

Result: Attorney successfully convinced the Prosecutor to amend the 2nd Degree Assault by Auto, to 3rd Degree which would permit the client to apply for Pre-Trial Intervention (“PTI”). The client did so and was accepted. If the client successfully completes the PTI Program then the charges will be dismissed and he will have no record of a criminal conviction. Client was required to pay $733 in fines and court fees as a result of his DWI conviction.

2012 – Superior Court/Municipal Court: Client was parked in his car when an undercover officer approached the vehicle. When the window was rolled down, the officer reported a strong smell of marijuana. During a search of the vehicle, officer found marijuana, rolling papers, and vicodin without a prescription. Client was charged with 2C:35-10(a)(4) Possession of Marijuana under 50 grams, 2C:35-10(a)(1) Possession of a CDS 3 rd Degree, and 2C:10(c) Failure to Surrender CDS to Police.

Result: Attorney obtained a remand to the Municipal Court on the indictable possession of vicodin and that charge under 2C:35-10(c) was eventually dismissed in the municipal court. Client was granted a Conditional Discharge on the marijuana charge under 2C:35-10(a)(4), which will result in the charged being dismissed if the client does not have another criminal event for a one year period and pays the approximate $700 in court fees.

2012 – Superior Court (Juvenile): 17 year old boy was caught with drugs in his car along with a Hawaiian ceremonial war club that he made in shop class. Client was charged with 2C:35(a)(4) Possession of Marijuana under 50 grams; 2C:36-2, Paraphernalia; 2C:35-5(b) (12) Manufacturing, Distributing, or Dispensing less than 1 oz. of Marijuana , a crime of the 4th Degree; 2C:20-10 Joyriding; and 2C:39-5(d) Possession of a Weapon other than a Firearm.

Result: Attorney obtained a deferred disposition for one year on the charges of 2C:35-10(a) (4) and 2C:20-10. So long as he abides by the terms of his probation, all charges will be dismissed. The remaining charges were dismissed.

2012 – Municipal Court: Client was arrested for 2C:35-10(a)(4) Possession of Marijuana under 50 grams in the course of a motor vehicle stop. Client was charged with various related offenses, 39:4-49.1 Operation of a Motor Vehicle while in Possession of the a CDS, 39:2-29B Failure to Possess Driver’s Licenses, 39:4-138(O) Handicapped Parking, and 39:6B-2 No Motor Vehicle Insurance.

Result: Client pled guilty to the no insurance under 39:6B-2 and all other motor vehicle offenses were dismissed. The State was unable to produce a lab certificate showing that the substance involved was marijuana so the charge of 2C:35-10(a)(4) was amended to a borough ordinance and client paid approximately $966 in court fees and fines.

2012 – Municipal Court: Client was a businessman from Nigeria in New Jersey with his wife. There was a physical altercation which the wife reported to the police and client was charged with 2C:12-1(a) Simple Assault. If convicted of this charge it would affect the client’s ability to conduct business in the United States, and get a visa to re-enter the United States.

Result: Attorney obtained an adjournment so that client could attend anger management sessions. Client completed the program and the judge dismissed the charges because of the successful completion of those classes. The attorney later obtained an expungement of the criminal record so it would not interfere with the client’s re-entry into the United States.

2012 – Superior Court: Client was in Atlantic City gambling when he met up with several individuals in a casino parking lot. He went with them to purchase drugs and fell asleep in the car. The car was pulled over for various motor vehicle offenses. The police officer observed the client unconscious in the passenger seat and attempted to wake him up multiple times without being able to do so. Once the client had been woken up, he was patted down by the officer. During this pat down the client was found with heroin. He was charged with 2C:35-10(a)(1), a 3rd degree criminal offense of Possession of CDS.

Result: The attorney arranged for the client to be admitted to an in-patient drug treatment center for the treatment of his heroin addiction. The Prosecutor and the Court looked favorably upon the client’s attempts at rehabilitation and he was admitted into Pre-Trial Intervention. Upon successful completion of one year’s probation, all criminal charges will be dismissed.

*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.