2017 Criminal Results

2017 – Superior Court: Client indicted on 3rd Degree Possession of Cocaine facing up 5 years State Prison. The client had picked up his girlfriend when his car was stopped by the police and consented to a search of his vehicle. The officer put in his Affidavit of Probable Cause for the search that he had observed the girlfriend attempt to discard the bag of crack cocaine in the passenger side door panel when he stopped the vehicle.

Result: Attorney and client rejected a probationary plea offer from the State and filed a Motion to Dismiss the Indictment based on two grounds. The first was that the Assistant Prosecutor committed a Brady Violation by failing to inform the Grand Jury about the exculpatory information found in the Affidavit of Probable Cause. The second was that the Assistant Prosecutor told the Grand Jury that the girlfriend denied that the cocaine belonged to her. This testimony was found no where in the police report or in the Affidavit. At the time the Prosecutor’s Opposition Brief was due, the State recognized that the motion would be granted and dismissed the indictment.

2017 – Municipal Court: Client charged with 2C:35-10a4 possession of marijuana facing $1000 fine, $500 DEDR Penalty, up to 6 months county jail, and 6 months to two year loss of driver’s license and same penalties on possession of drug paraphernalia 2C:36-2.

Result: Conditional Discharge granted on both offenses. One year non-reporting probation, $800 in costs, with case being dismissed if no further arrests or failed drug tests.

2017 – Superior Court, Juvenile: 14 year old boy who was being bullied in school stabbed one of the bullies with a pocket knife causing minor injuries. The incident was captured on video tape. Client charged with 2C:12-1(b)(1), Aggravated Assault in the 2nd Degree and was facing incarceration in a juvenile facility.

Result: Attorney steadfastly refused to plea the client guilty to the Aggravated Assault and after numerous court appearances the Prosecutor finally agreed to downgrade the charge to one of Simple Assault under 2C:12-1(a)(1) to which a guilty plea was entered and the client was sentenced to 6 months probation with a deferred disposition on the back end (meaning if probation successfully completed all charges will be dismissed).

2017 – Municipal Court: Client charged with assault on his girlfriend following a domestic dispute. The girlfriend did not wish to press charges, but, the police did.

Result: Attorney negotiated a deal in which the client completed a course of anger management treatment and all charges were dismissed. Attorney obtained an immediate expungement of the charges under the new expedited expungement procedures found in 2C:52-6, et seq.

2017 – Superior Court: Client received a call from his girlfriend’s cousin indicating she was being threatened and abused by her boyfriend and asking that he pick her up. Upon client’s arrival at her house he found her sitting on the curb in her underwear, crying, and covered with spit, urine, and some type of lotion. The client put her in his car and drove off. She asked him to go back and get her some clothes and he complied. The client indicated in his statement to the police that he exited his car and yelled at the boyfriend who was on the porch of the house to get her clothes. He stated the boyfriend pushed him and reached into his pocket for what he thought might be a knife so he punched him. The boyfriend told the police that the client charged at him and attacked him. This version of events was supported by a witness. A video tape taken from the house next door does show the client running towards the boyfriend.

What is un-controverted is that the boyfriend suffered a broken jaw in three places, paralysis to the left side of his mouth, a gash to the head requiring staples, and several loose teeth. The girlfriend’s cousin gave the police a statement that the client had the boyfriend down on the ground in the fetal position and then continued to hit him five times. She later reported to the police that the client had broken into her house, slashed her mattress, and threatened her if she did not retract her statement. Client’s fingerprints were found at the scene.

The client was indicated by a Grand Jury in a Five Count Indictment charging 2nd Degree Aggravated Assault 2C:12-1b(1), 3rd Degree Tampering with a Witness 2C:28-5a, 2nd Degree Retaliation Against a Witness 2C:28-5b, 3rd Degree Burglary 2C: 18-2, and 4th Degree Criminal Mischief 2C:17-3a(1). The plea offer from the State was plea to 2nd Degree Aggravated Assault and 2nd Degree Witness Retaliation with five (5) years NJ State Prison subject to the No Early Release Act (must serve 85% of sentence before being eligible for parole).

Result: Attorney obtained a statement from the cousin’s girlfriend in which she recanted her statement given to the police and admitted that she had been pressured by her now ex-boyfriend into giving that statement. The video tape was reviewed and found to be of poor quality and could not prove who was the aggressor in the encounter. The boyfriend’s criminal record was obtained and it was found he had a history of domestic abuse and drug convictions. The attorney was able to negotiate a plea to a single count of 3rd Degree Aggravated Assault (reduced from the 2nd Degree) with a sentencing recommendation from the Prosecutor of probation conditioned upon serving 364 days in the County Jail. At sentencing the Attorney argued for a lesser sentence (as he was permitted to do under the plea agreement) and the Judge ended up sentencing the client to 2 years of probation with 210 days County Jail.

2017 – Municipal Court: Client charged with Criminal Trespass 2C:18-3B, Obstruction of the Administration of Justice 2C:29-1A, and Resisting Arrest/Eluding Police 2C:29-2A(1) after entry into a public housing project which resulted in an altercation with police. Each charge was a disorderly persons criminal offense with a fine of up to $1000 and up to 6 months county jail. The client had career goals for which a criminal conviction would present great difficulties.

Result: Attorney obtained a dismissal of all the criminal charges in exchange for a plea to a City Ordinance with a $1,500 fine.

2017 – Municipal Court: Client was arrested as the result of a joint sting operation by the FBI, County Prosecutor’s Office, and local police targeted at Underage Prostitution. The undercover officer responded to an internet ad on Backpage and telephoned the client. She agreed to meet him at a hotel room and once she arrived advised the officer that she was charging $240 for an hour. He paid her and she started undressing at which time other officers entered the room and arrested her. Client (who was in fact over 18) was charged with Prostitution 2C:34-1B1 and facing a fine of up to $1000 and six months in jail.

Result: Attorney obtained a Conditional Dismissal for the client. She received one year of probation. Upon successful completion all charges were 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.