Attorney Timothy R. Johnson's Legal Cases

Criminal defense

Commonwealth v. Santos

Mar 06, 2020

OUTCOME: Client acquitted of a felony and misdemeanor by 12-person jury; convicted only of a misdemeanor and issued a $1,000 fine.

Client charged with felony eluding, reckless driving by speed (alleged 130 MPH in a 70), and reckless driving generally. Commonwealth offered felony conviction and no jail; then misdemeanors only with ... 1-year in jail. Case went to 12-person jury trial. Jury acquitted defendant of felony eluding and reckless driving generally. Convicted only of reckless driving by speed (client told jury he was speeding and would accept a conviction by speed). Commonwealth sought jail for sentencing; jury issued a $1,000.00 fine. Commonwealth sought to suspend license for a year. Judge denied license suspension.

Criminal defense

Commonwealth v. Vazquez

Sep 23, 2019

OUTCOME: Client acquitted by 6-person jury of improper driving.

Client charged with reckless driving (misdemeanor). Tried before judge at General District Court (lowest court). Convicted of improper driving (traffic infraction). Appealed case to Circuit Court. Trie ... d before 6-person jury on charge of improper driving (after Commonwealth attempted to re-try it as a reckless driving). Client acquitted of improper driving.

Appeals

D'Amico v. Zingaro, 2016 N.Y. App Div. Lexis 323

Jan 20, 2016

OUTCOME: Trial court decision reversed.

[From first two paragraphs of decision summarizing appeal.] In an action, inter alia, to recover damages for defamation, the plaintiff appeals, as limited by her brief, from so much of an order of t ... he Supreme Court, Richmond County (Maltese, J.), dated May 6, 2013, as granted that branch of the motion of the defendant Marina Zingaro which was for summary judgment dismissing so much of the first cause of action as alleged that the defendant Marina Zingaro made defamatory statements to the Internal Affairs Bureau of the New York City Police Department, and the defendant Marina Zingaro cross-appeals, as limited by her brief, from so much of the same order as granted that branch of the plaintiff’s cross motion which was for summary judgment dismissing the third counterclaim in her amended answer. ORDERED that the order is reversed insofar as appealed and cross-appealed from, on the law, without costs or disbursements, that branch of the motion of the defendant Marina Zingaro which was for summary judgment dismissing so much of the first cause of action as alleged that the defendant Marina Zingaro made defamatory statements to the Internal Affairs Bureau of the New York Police Department is denied, and that branch of the plaintiff’s cross motion which was for summary judgment dismissing the third counterclaim asserted in the amended answer of the defendant Marina Zingaro is denied.

Appeals

State of New Jersey v. D. L. (redacted for client protection)

Jan 09, 2015

OUTCOME: Court agreed that guilty plea was insufficient by law, and remanded case to municipal court for a hearing as to whether defendant may withdraw guilty plea.

[Pro bono representation for a municipal criminal appeal related to 3rd-strike DWI offense.] On appeal to a Superior Court of New Jersey from municipal court, the defendant argued that the acceptan ... ce of her guilty plea for DWI was improper as it did not contain a sufficient factual basis establishing that she actually committed the crime of DWI. Additionally, defendant's consumption of a prescription medication that was not a statutorily proscribed drug does not constitute an intoxicant under NJ law.

Timothy R. Johnson's Legal Cases (4)

Commonwealth v. Santos

Commonwealth v. Vazquez

D'Amico v. Zingaro, 2016 N.Y. App Div. Lexis 323

State of New Jersey v. D. L. (redacted for client protection)