Newark, NJ
Appeals Lawyer at Newark, NJ
Practice Areas: Appeals, Criminal Defense, Expungement
OUTCOME: Agg Assault Charges Dismissed
Client was charged with Aggravated Assault for trying to hit her ex-boyfriend with her car. All charges were dismissed after being downgraded to Municipal Court from Superior Court. Client was a lic ... ensed medical professional and any conviction would have caused client to lose her medical license.
OUTCOME: Aggravated Assault Reduced to PDP 'Fighting'
Client was charged with 2nd degree Aggravated Assault, for punching his ex-girlfriend in the jaw and breaking it. Exposure = 5-10 years State Prison. At trial, the defense convinced the judge to ren ... der a directed verdict of client being guilty only of the petty disorderly persons offense of 'Fighting'. Exposure = Fines Only. Client was a law enforcement officer and any conviction above this level would have ended his law enforcement career.
OUTCOME: Dismissal of All Charges
Client became involved in a bar fight, by being assaulted and hit with a beer mug. Client was ejected from the bar, despite the fact that he was injured and the one who was hit, not the person who was ... hitting someone else. Outside of the bar, three people tried to assault the client, with client defending himself, which resulted in one of them getting severly injured. State investigated and charged client with Aggravated Assault. Client appeared in GJ, testified and all charges were dismissed against him, while all three of the other people assaulting him were indicted.
OUTCOME: Not Guilty Trial Verdict on All Counts
Client and other inmates were indicted on charges they assaulted corrections officers inside the county jail. At trial, the IA officer admitted that it was his opinion that the corrections officers ... 'story' about what occurred did not fit the known facts. Jury acquitted all defendants of all charges.
OUTCOME: Dismissal of All Charges
Client was indicted on charges of assisting her live-in boyfriend in his drug tradfficking. During a search of their house, police seized large quantities of money, several types of drugs, and a handgu ... n. After I argued a Motion to Suppress, the trial judge suppressed all evidence, and the prosecutor dismissed all charges.
OUTCOME: Carjacking and Att. Murder reduced to Poss Wpn
Client and codefendant charged with Carjacking, Attempted Murder, Poss of a Shotgun, Aggravated Assault and related charges. Significant Motion regarding Identification procedure weakened State case to ... point where State offered time served, for plea to shotgun. Client released after approx. 20 months of incarceration,instead of serving consecutive sentences of 10-30 years.
OUTCOME: Appeal Contesting Lack of Excusable Neglect
Client pled guilty (with his then Atty) to a charge that was not supported by the facts or factual basis given during the plea allocution. Seven years later he lost his job as the result of a security ... check (with this being his only involvement with the criminal courts). A Post Conviction Relief Petition was filed in Superior Court, with the petition denied because the Court sided with the prosecutor that the mere passage of time was a sufficient basis to require the defense to establish Excusable Neglect. An appeal was filed and is pending at this time.
OUTCOME: Parole Ineligibility Reduced to Non-Custody Prob
Client arrested with 60 folds of Heroin. Codefendant had 100 folds. Sentencing Exposure of the Possession with the Intent to Distribute was 5 years with 2 1/2 years of parole ineligibility. Defense ... convinced State that the search issues were significant enough to potentially suppress all seized drugs. State then agreed to plea terms of Possession only (No Intent to Distribute) with non-custodial Probation. Clients decided to accept the reduced plea terms instead of contesting the Motion to Suppress.
OUTCOME: Magistrate Certified International Extradition
The first stage of the International Extradition proceeding was to challenge the probable cause basis asserted by the requesting country. The defense asserted that the petition contained only conclusor ... y narrative 're-statements' of what the prosecutor in the requesting country believed his evidence would establish at trial. No documentary evidence was attached or submitted by the USA on behalf of the requesting country. The defense asserted that to be sufficient, the case law required the international extradition petition to contain at least some 'evidence' and that an unsworn narration, by the prosecutor of the requesting country (which appeared to contain numerous mis-statements of the actual court record), was itself insufficient to support the certification of the extraditability of the client to the US Department of State. The magistrate disagreed and issued the certificate of extraditability. The decision is being appealed via a Habeus Corpus petition.
OUTCOME: Mnimum Term Plea
Client was charged with Possessory Drug Offenses of 10 Kilos of Cocaine; and, possession of handguns during the commission of the alleged drug trafficking.Exposure at trial was a Life Sentence.