Articles Posted in Monmouth County

As a NJ criminal defense attorney, I occasionally find myself in a no win situation.  A recent cocaine distribution case arising out of Ocean County and Monmouth County serves as a good example.

We were retained to represent an individual allegedly in possession of approximately 1,000 grams of cocaine. The arrest occurred in Monmouth County but was in conjunction with an Ocean County task force investigation.  The incident took place almost a year ago now and a bail motion failed to succeed in reducing bail below $1.0 million.

For approximately one year now, I have been attempting to get the Ocean County Prosecutor’s Office to move on this distribution of cocaine case. I am in a difficult position, however, as the prosecutor on the case is threatening to indict my client on a kingpin charge.  If I press the prosecutor too much, I can count on a kingpin indictment yet my client and his family are all over me to do something.  Do I file a motion to suppress and virtually assure that my client is exposed to the potential for a life sentence under the kingpin statute or do I continue to calm the client and his family.

The statewide crime statistics have been released for Monmouth County and Ocean County. In terms of violent crime, Ocean County had an approximately 8% increase in 2008 whereas Monmouth County had a decrease of a similar percentage. The offenses included in these figures were murder, rape, robbery, and aggravated assault.  In terms of details, Aggravated Assault charges were in both Counties.

Non-violent statistics included burglary, larceny/theft, and motor vehicle theft.  Both Counties experienced a sizable increase in non-violent crime.  Larceny and theft was up in Monmouth County and Ocean County. This might be expected given the economic downturn.

Notwithstanding the statistics, I cannot say that our NJ criminal defense practice has noticed any change. The deviations appear to be very minor and do not appear to be the result of any push one way or another.

Now that the summer months are here everyone is making their way down to the Jersey Shore. One of the main pastimes in the summer is partying. Along with partying comes drinking. Along with drinking comes violence, property crimes, traffic violations and other bad decisions. Don’t let your summer and life be ruined by a bad decision made during your summer at the shore. Let the Law Offices of Jonathan F. Marshall help you in defending your case against your bad summer decisions. Call today for your free consultation at 732-450-8300.

Many people don’t realize how their interactions with the police can affect their future. You may think that your summer arrest is just a heavy fine you have to pay from your pocket, but in reality many times it results in a permanent record which can affect your future in educational opportunities, and job opportunities. In today’s economy many employers do background checks and anything on your record can disqualify you for a position.

The biggest offenses people face in the summer are DUI and DWI offenses. Driving under the influence of any illegal substance is against the law, this includes marijuana and narcotic pain killers. Driving with a Blood Alcohol Content (BAC) of .08% or higher is also illegal. It is even illegal to carry 10 or more pills of any prescription drug if it is not in its proper prescription bottle, even if it is your own prescription from your doctor. Driving under the influence of either drugs or alcohol are very serious offenses and they can lead to jail time, fines and the suspension or loss of your license. At the Law Offices of Jonathan Marshall we are very experienced in defending clients against DUI and DWI charges. There are many different ways to help your case and every situation is different so call our office today for your free consultation.

We like to report on particularly good results and interesting issues that our defense attorneys encounter in handling criminal cases in New Jersey. Yesterday, we were fortunate enough to achieve a dismissal of prescription drug possession and related offenses filed against our client in Monmouth County. This particular client had an extensive prior felony record and was looking at multiple third degree charges stemming from prescription drugs, specifically Valium pills, that were found to be in his possession following a routine motor vehicle stop.

New Jersey has a “constructive possession” law when it comes to drug charges. In this particular case, law enforcement claimed that our client was in constructive possession of the Valium that was discovered in the glove compartment of the vehicle. We asserted various defenses to the indictment and criminal charges. In this regard, while the motor vehicle was in the custody and control of our client, it was our position that he lacked knowledge of the existence of the drugs such that he could be deemed in constructive possession of the same.

Although our client was indicted on the charges, we were ultimately able to achieve a dismissal of the case filed against him. It is always satisfying to obtain a dismissal of criminal charges outright such that our client can avoid the impact of a felony conviction. This outcome was very important in this case as our client had four prior felony convictions and was undoubtedly looking at years of state prison time if convicted. Needless to say, the client was estatic with the result and so was I.

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