The Law Offices of Jonathan F. Marshall, is a statewide criminal defense firm with twelve offices throughout New Jersey. Our team includes ten (10) attorneys that dedicate their practices exclusively to defending the accused, making it a unique commodity in the state. The qualifications of the lawyers are also impressive and include:

• Over 200 Years of Combined Experience Representing Clients Charged With Indictable Crimes, Disorderly Persons Offenses and Serious Motor Vehicle Violations
• Former County Prosecutors Who Have Served At The Highest Levels Such As Director Of Major Crimes, Juvenile, Domestic Violence, Special Operations, Homicide, Drug Task Force, Guns, and Even An Entire Trial Division
• Certified Criminal Trial Attorneys
• Recognition as Top 100 Trial Lawyers by the National Trial Lawyers Association, Top 10 Defense Lawyers in New Jersey by the National Academy, Ten Leaders in both Criminal Defense & DWI in New Jersey and Superlawyers

Free consultations with an attorney at the firm are always free. You can reach us 24/7 at 877-450-8301.


In New Jersey, a person that purposefully evades the police can be charged with the crime of eluding, even if he or she did not commit any other crime. While generally eluding is a third-degree crime, it can become a second-degree offense under certain circumstances, as discussed in a recent New Jersey case in which the defendant argued that the jury was improperly instructed regarding the elements of the charge. If you are accused of eluding or any other crime, it is advisable to meet with a skilled New Jersey criminal defense attorney to discuss your options for seeking a just result.

History of the Case

It is reported that a police officer spotted the defendant driving a stolen vehicle, after which the officer activated the overhead lights of his police vehicle. The defendant began to slow down and pull over but then suddenly drove away rapidly. A chase through a residential neighborhood ensued, with the defendant driving erratically at high speeds. The defendant was ultimately stopped and arrested. He was cited for multiple traffic offenses, including reckless driving, and charged with the crimes of receiving stolen property and second-degree eluding. He was convicted of the criminal charges, after which he appealed, arguing that he was denied a fair trial because the jury was not properly instructed regarding the elements of a second-degree eluding offense.

Elements of a Second-Degree Eluding Offense

Under New Jersey law, a person operating a vehicle who intentionally flees or attempts to evade a police officer after the officer signals the person to bring the vehicle to a stop commits the crime of eluding, which is a third-degree offense. Eluding becomes a second-degree offense, however, if the evasion or attempted flight from the police creates a risk of injury or death to any person.

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Typically, when a person is convicted of a sex crime, the person will be deemed a sex offender. This often requires, in part, that the person registers on the internet as a sex offender. There is an exception to the internet registry requirement, however, for people convicted of a single-sex offense committed against a blood-relative, which is usually referred to as the household exception. In a recent case in which the defendant objected to the internet registry requirement, a New Jersey appellate court analyzed whether the household exception applies to a person convicted of sex crimes against multiple children in his household.  If you are charged with a sex crime, it is critical to engage an assertive New Jersey criminal defense attorney who will fight to protect your rights and reputation.

Facts of the Case

Reportedly, the defendant pleaded guilty to two counts of aggravated sexual assault. The victims were two children that resided in the defendant’s household. The defendant was sentenced to eight concurrent years of imprisonment for each crime. Following his release, a Megan’s Law classification hearing was held during which the defendant was deemed a Tier II offender with a moderate risk of committing another offense. The hearing judge also determined that the defendant was required to register pursuant to the Internet Sex Offender Central Registry statute. The defendant objected to the registry requirement, arguing that the household exception to the internet registry requirement should apply. The hearing judge rejected the defendant’s assertions, and the defendant appealed.

The Household Exception to the Sex-Offender Internet Registry Requirement

In New Jersey, some people convicted of sex crimes are exempt from the internet registry requirement. Specifically, a person who is no more than a moderate risk may be exempt from the requirement if his or her sole sex offense is a conviction that arose out of circumstances in which the victim was a blood relative of the offender. The statute specifically provides that a sole sex offense is a single conviction or adjudication of guilt for a sex crime in which there was only one victim, one occurrence, that involves members of a single household.

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Money laundering is punishable as a crime in New Jersey, but the terms of the money laundering statute are less than clear. Specifically, there is a debate as to the meaning of the phrase “amount involved,” which is used to determine the severity of the offense. Thus, a New Jersey court recently clarified the meaning of the term in a case in which the defendant appealed his conviction for money laundering. If you are charged with money laundering or another fraud crime, it is advisable to speak to a trusted New Jersey criminal defense attorney regarding what defenses you may be able to assert.

Facts of the Case

Reportedly, the defendant took merchandise from his employer’s warehouse without permission. The merchandise had been purchased by the employer for $878,000 but had a value of approximately $4,000,000. The defendant then sold a portion of the merchandise for $63,000 to a woman in New Hampshire. The defendant was then charged with numerous crimes, including first-degree money laundering, which pursuant to the money laundering statute is an offense where the amount involved is greater than $500,000.

Allegedly, the defendant moved to have the charges amended to third-degree money laundering, which was an offense where the amount involved was less than $75,000, due to the fact that he only received $63,000 for the stolen goods. The judge then determined that the amount involved was $283,500, which constituted a second-degree offense. The State appealed.

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It is not uncommon for a defendant to defend against his or her charges by offering the testimony of a witness who supports the defendant’s alibi. Recently, a New Jersey court assessed to what extent the State is permitted to weaken a defendant’s defense by questioning an alibi witness regarding his or her earlier silence, in a case in which the defendant was charged with robbery and other crimes. If you are accused of a theft crime, it is important to consult an experienced New Jersey criminal defense attorney to discuss what evidence the State is permitted to use against you at trial.

Facts of the Case

Allegedly, the defendant and another man entered a shoe store at night. One of the men pulled out a gun, and both men directed the women working in the store to lie on the floor in the back room, after which they tied the hands and feet of the women. The women gave the men the combination to the safe, and the men accessed the safe and removed money and then left. A glove was found at the store that was later determined to have the defendant’s DNA. Additionally, one of the women working at the time of the incident identified that defendant when presented with an array of photos.

It is reported that the defendant was charged with robbery, kidnapping, and other crimes, but only the robbery and kidnapping charges proceeded to trial. At trial, the defendant presented two alibi witnesses. A hearing was held during the trial on the issue of whether the State could cross-examine the second alibi witness regarding her prior silence, after which the court found in favor of the State. The defendant was ultimately convicted. He then appealed, arguing that the trial court erred in allowing the State to cross-examine the alibi witness.

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Many people who are convicted of sex crimes are required to register as sex offenders and submit to certain supervisory conditions as part of their sentences. Recently, the Supreme Court of New Jersey addressed the discrete issue of whether the condition that a registered sex offender submit to continuous GPS monitoring pursuant to the Sex Offender Monitoring Act violated offenders’ constitutional rights against unreasonable search and seizures. If you are charged with a sex offense, it is in your best interest to speak to a dedicated New Jersey criminal defense attorney to discuss what measures you can take to safeguard your interests.

Factual and Procedural History

Reportedly, in 2007 New Jersey enacted Sex Offender Monitoring Act (SOMA), which aimed to protect the community and prevent future sex crimes by permitting increased supervision of high-risk sex offenders that were released into the community. Specifically, SOMA permitted the New Jersey State Parole Board (the Board) to track high-risk sex offenders’ locations via an ankle device with GPS technology.

Allegedly, the defendant, who was convicted of attempting to lure a minor into a vehicle in 2010, was classified as a Tier III or high-risk sex offender following his release from incarceration in 2015. Thus, he was required to submit to GPS monitoring pursuant to SOMA. The monitoring allowed the Board to monitor the defendant’s location at all times. Thus, the defendant challenged the requirement as unconstitutional, arguing that it violated his rights against unreasonable search and seizure. The trial court found, however, that the requirement constituted a special needs exception to the warrant requirement for searches. The defendant then appealed.

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In New Jersey, people charged with crimes may be able to enter into the pre-trial intervention (PTI) program rather than go through the traditional prosecution process. PTI is not available in all circumstances, however. Instead, certain factors are assessed in determining if PTI is appropriate, as discussed in a recent New Jersey case. If you are accused of committing a crime, it is prudent to speak to a knowledgeable New Jersey criminal defense attorney regarding your available options.

Facts of the Case

Reportedly, the defendant was charged with multiple crimes, including unlawful possession of a knife, terroristic threats, and resisting arrest. The prosecutor that was assigned to the case offered a plea deal to the defendant that required the defendant to apply to PTI and to submit to a mental health evaluation. The defendant then applied to PTI. His application was denied, however, on the grounds that his alleged crime took place in a church, and the PTI director felt that acts that violated the sanctity of churches needed to be deterred.

It is alleged that the State then adopted the PTI director’s findings and cited other factors for the denial of PTI, such as the defendant’s inability to be monitored through PTI. The defendant appealed the denial of PTI, but his appeal was denied. He then pleaded guilty to the resisting arrest charge in exchange for the dismissal of his remaining charges. After his sentencing hearing, he appealed the trial court’s ruling regarding PTI.

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Under New Jersey law, when a person is charged with a crime, whether the person is detained or released prior to trial depends on numerous factors. Recently, a New Jersey court discussed when pre-trial detention is appropriate, in a case in which it overturned a prior ruling that a defendant charged with attempted murder should be released while his trial was pending. If you are charged with committing a criminal offense, it is advisable to consult a capable New Jersey criminal defense attorney to discuss your options for fighting to protect your rights.

The Alleged Crime

It is reported that the police were dispatched to the parking lot of a shopping plaza to investigate a shooting. The crowd was dispersing when the police arrived, but they saw multiple cars with bullet holes. Two people were subsequently hospitalized with gunshot wounds. Eventually, an anonymous source advised the police that on the night of the incident, he saw the defendant retrieve a gun from the trunk of his vehicle and begin shooting. Additionally, surveillance footage was obtained that showed the defendant firing a weapon in the direction of the victims.

Allegedly, the defendant was arrested and charged with two counts of attempted murder with a gun. As he had no prior criminal history, his public safety assessment score (PSA) was low. The PSA asked that the defendant be denied pre-trial release regardless, given the serious nature of his crime. The trial court departed from the PSA’s recommendation, however, and issued an order releasing the defendant.

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In New Jersey, a person may not only be charged for the commission of a sex crime, but also for attempting to commit a sex crime. Mere discussions or speculation regarding criminal acts are often insufficient to form the basis of a criminal charge, however, and there are certain elements the State must meet to convict a person of an attempt offense. Recently, a New Jersey appellate court discussed the criminal attempt statute in a case in which the defendant appealed his attempted sex crime convictions. If you are accused of attempting to commit a sex crime, it is critical to engage an assertive New Jersey sex crime defense attorney to assist you in fighting to protect your rights.

Factual History

It is reported that the defendant, who was a 62-year-old man, responded to an ad on a classified website. The ad was placed by a detective purporting to be a 14-year-old girl. Through the course of correspondence over several months, the “girl” advised the defendant that she was 14 and sent him a picture of herself that had been digitally altered so that she looked like a child. The conversations between the defendant and the girl became sexual in nature, and the defendant described the acts he would like to engage in with the girl. They ultimately agreed to meet at a fast-food restaurant so that the defendant could take the girl back to his house.

Allegedly, when the defendant arrived at the restaurant, he was arrested, and in his car, the police found condoms and whipped cream vodka that the girl requested the defendant purchase. He was charged with attempted sexual assault, luring a minor, endangering the welfare of a child and two counts of attempting to endanger the welfare of a child. He was convicted of four of the counts, after which he appealed, arguing that improper jury instructions allowed him to be convicted of the attempt crimes based on his mental state.

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In New Jersey, a person can be held in contempt for failing to pay child support and may be assigned to work release to enforce compliance with the underlying support order. A person assigned to work release for failing to pay child support, who fails to return to the work-release program, cannot be charged with a crime, however, as discussed in a recent case in which the defendant appealed his conviction for escape. If you are charged with a crime due to your failure to comply with a civil order, you should contact an experienced New Jersey criminal defense attorney to discuss whether you may be able to have the charges dismissed as improper.

Facts of the Case

It is reported that the defendant was confined to a work-release program in Bergen County Jail, due to his failure to pay child support. He failed to return to the jail by curfew on two occasions, and he was charged with the crime of escape. He pled guilty to the charges, after which he was sentenced. He subsequently filed a petition for post-conviction relief, arguing his trial counsel was ineffective because he failed to argue that the defendant could not be charged with escape for violating work release assigned due to a civil contempt order and that his sentence was illegal.

Allegedly, the trial judge denied the defendant’s petition without a hearing, noting that the defendant entered a knowing and voluntary plea and that the defendant’s failure to return to the jail met the elements for escape under the relevant statute. The defendant then appealed.

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In criminal trials, the State is limited as to the evidence it may introduce in support of the allegation that a defendant committed a crime. Specifically, the State generally cannot introduce evidence of prior criminal activity or wrongful acts to prove that a defendant committed the offense with which he or she is currently charged, as it has the potential to lead to unjust results. Recently, a New Jersey appellate court discussed the ramifications of improper prior bad acts evidence and when the admission of such evidence warrants the reversal of a conviction in a case in which the defendant was charged with eluding the police.  If you are charged with eluding, it is in your best interest to speak to a seasoned New Jersey criminal defense attorney regarding what evidence the State may introduce against you.

Factual and Procedural History

It is reported that police officers were dispatched to investigate a report that a convenience store had been robbed at gunpoint by a suspect who drove off in a white car. While patrolling the area where the incident allegedly occurred, an officer observed the defendant driving a vehicle that matched the description of the suspect’s vehicle. The officer activated his sirens and lights and followed the defendant for a mile and a half, during which the defendant drove twenty-five miles over the speed limit, veered onto the sidewalk, and crashed into poles. The defendant ultimately crashed into a pole and stopped.

It is alleged that the defendant was charged with eluding the police. A four-day trial was held during which the State introduced into evidence three summons that were previously issued to the defendant, involving reckless driving, driving with a suspended license and operation of a vehicle without a license. The defendant did not object to the admission of the summons and was ultimately convicted. He then appealed.

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