Criminal Offenses
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Our firm is dedicated to providing excellent legal services for criminal defense. Our office has experience representing clients in both the Municipal and Superior Courts for a variety of criminal offenses such as:
- Possession of a Controlled Dangerous Substance
- Possession of a Controlled Dangerous Substance with Intent
- Conspiracy to distribute a Controlled Dangerous Substance
- Maintaining a drug manufacturing facility
- Robbery
- Burglary
- Eluding
- Obstruction of Justice
- Theft by Unlawful Taking
- Assault
- Fraud
- Endangering the welfare of a child
- Terroristic Threats
- Shoplifting
Our firm has represented clients in various complex legal cases that included wire tap orders, no knock search warrants, and automobile searches. In order to effectively defend your case you need a firm that is dedicated and knowledgeable of the legal system and precedent case law. If you have been charged with a criminal offense you should contact our office for a consultation.
Criminal Penalties are generally based on the degree of the charge you are facing
1st Degree Crimes - Can carry 10 to 20 years in state prison and fines and costs in excess of $200,000.00. Some crimes, for example, first-degree murder may carry a sentence of 30 years in prison (NJSA 2C:11-3 Murder) or carry a mandatory term of confinement without parole eligibility.
Some Examples of First-Degree Crimes include:
- Aggravated Manslaughter
- Aggravated Robbery
- Distribution of large Quantities of Controlled Dangerous substances
- Leader of a drug distribution network
- Maintaining a laboratory facility for the purpose of manufacturing or producing Controlled Dangerous Substances
- First Degree Murder
2nd Degree Crimes - Can carry 5 to 10 years in state prison and fines and costs in excess of $150,000.00.
Some Examples of Second-Degree crimes include:
- Manslaughter
- Robbery
- Theft
3rd Degree Crimes - Can carry 3-5 years in state prison. and fines and costs in excess of $15,000.
Some Examples of Third-Degree Crimes include:
- Possession of Controlled Dangerous Substances
- Possession of a fire arm
- Shoplifting of items in excess of $500 in value but less than $75,000.
- Possession of Controlled Dangerous Substances with the intent to distribute.
4th Degree Crimes -Can carry up to 18 months in prison and fines and costs in excess of $10,000.
Examples of Fourth-Degree crimes:
- Simple Assault
- Simple Possession of Controlled Dangerous Substances
- Shoplifting
- Theft
- Operating a motor vehicle while suspended in connection with a DWI suspension
New Jersey Municipal Court Offenses - Can carry up to 6 months in jail and fines and costs in excess of $1,000.
In New Jersey, disorderly persons and petty disorderly persons offenses may be disposed of in the Municipal Court. These offenses are generally minor criminal offenses and are not considered felonies. However, convictions for disorderly and petty disorderly offenses will still be considered a criminal conviction and should not be taken lightly.
Examples of disorderly persons offenses:
- Criminal Mischief
- Criminal Trespass
- Simple Assault
- Harassment
Diversionary Programs may be alternatives for your pending criminal charge
The State of New Jersey allows certain first offenders to enter into diversionary programs to help avoid the potential stigma of a criminal conviction.
Pre-Trial Intervention - In the Superior Court this diversionary program is commonly referred to as P.T.I. If a defendant is eligible for the program (first time offense, no prior diversionary program, 3rd degree crime or less) he or she may be placed on probationary review for a period of time. If the defendant meets all the conditions of the program for the prescribed period of time, the pending charges may be dismissed. If however, the defendant fails to meet the conditions and is terminated from the program, the charges move forward as if the program was never afforded to the defendant.
Conditional Discharge - In the Municipal Court certain drug offenses may qualify a defendant to make application to this diversionary program. If eligible the Defendant is typically placed on a one year period of probation and the conditions of the program vary from County to County. If the probation requirements are complied with and no new charges are obtained the defendant's pending municipal court charge may be dismissed by the Court.
Conditional Dismissal/P.T.I. for Municipal Court - New Jersey recently passed legislation for a new diversionary program for Municipal Court violations referred to as a Conditional Dismissal. Similar to the rationale behind P.T.I. in the Superior Court, this newly designed program was created to afford first time offenders the opportunity to avoid a criminal conviction under certain conditions. For Defendants not previously convicted of any petty disorderly persons, disorderly persons, or crime, who has never participated in a Conditional Discharge, supervisory treatment under N.J.S. 2C:43-12 (PTI), or a Conditional Dismissal under this program, and who is charged with committing a petty disorderly persons offense or disorderly persons offense (with certain exceptions) may apply for admission into Conditional Dismissal program. The following factors are to be considered by the Court to determine the eligibility of the Defendant:
1) The nature and circumstances of the offense;
2) The facts surrounding the commission of the offense;
3) The motivation, age, character, and attitude of the defendant;
4) The desire of the complainant or victim to forego prosecution;
5) The needs and interests of the victim and the community;
6) The extent to which the defendant's offense constitutes a part of a continuing pattern of anti-social behavior;
7) Whether the offense is of an assaultive or violent nature, whether in the act itself or in the possible injurious consequences of such behavior;
8) Whether the applicant's participation will adversely affect the prosecution of codefendants;
9) Whether diversion of the defendant from prosecution is consistent with the public interest; and
10) Any other factors deemed relevant by the court.
Similar to the PTI program in Superior Court, the charge or charges against the defendant in Municipal Court would be dismissed upon successful completion of the program. However, the conditional dismissal program does not apply to all Municipal Court offenses. Unlike the Superior Court, where the County Prosecutors' Office may have discretion to enter defendants into P.T.I. despite the nature of the underlying charges, the conditional dismissal program specifically denies certain offenders the benefit of the program based on the particular offense. The following charges are specifically excluded from the program: charges involving acts of domestic violence, Driving while intoxicated, and disorderly persons and petty disorderly persons drug offenses under Section 35 or 36 of the New Jersey criminal code. The second major difference between PTI in the Superior Court and the conditional dismissal program in the Municipal Court is that the conditional dismissal program requires the Defendant to make an admission of guilt prior to entering into the program. This means a disposition or finding of guilt may automatically be imposed upon the defendant if they do not successfully meet the conditions and requirements of the program. Finally, entering into a conditional dismissal will preclude a Defendant from ever qualifying for a diversionary program in the future.
Drug Court - The drug court program may offer an alternative to incarceration for certain offenders with certain pending charges. In order to qualify for the program one must submit the appropriate application and be screened for admission. This program may offer relief to those with drug addiction issues that are the root cause of the criminal activity. However, there is strict monitoring and treatment associated with the program and defendants should only make application for the program if they are serious about seeking drug rehabilitation treatment as failing the program could result in a mandatory prison sentence. If you are considering the drug court program as a potential alternative to incarceration, it is recommended that you review the drug court manual below before submitting your application. The manual sets forth the guidelines for qualifying, monitoring, and treatment.
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drug_court_manual.pdf | |
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Although the diversionary programs referenced above afford great opportunities for defendants in avoiding the stigma of criminal convictions there are certain issues and collateral consequences that should be considered before considering making application to these programs. For example, taking a conditional discharge or conditional dismissal will result in ineligibility to PTI in the future for more serious offenses. In most cases, you only get one diversionary program a lifetime and are banned from utilizing them a second time in the future. Defendants should always consider all the available options and legal defenses before entering into these programs. Call our office today if you have questions about your pending charges and the impact that these programs can have on your case.
BAIL - If you are facing criminal charges, the Court may grant bail to insure that you appear at each and every hearing and comply with any conditions of bail. Bail can usually be posted by any third party including the defendant. The bail will not be returned to the posting party until the matter has been completely disposed of by the Court (usually upon sentencing or dismissal). Defendants can also be released on their own recognizance (R.O.R) for minor offenses. R.O.R. may require certain conditions based on the County in which this bail is granted. However, due to financial constraints most defendants will utilize the services of a Bondsman to post bond for their release.
The Court has discretion to set bail based on a variety of factors including but not limited to: the degree of the criminal charge, the likelihood of conviction, the past history of defendant on prior bails, the criminal record of the defendant, the ties to the community, and the likelihood of flight. When determining the amount of bail the Court must consider all factors to set bail accordingly. However, the amount of bail may always be reviewed during the course of a pending criminal case as these factors may change.
It may be helpful to retain the services of an experienced criminal defense lawyer who has knowledge of the bail guidelines, and can file the appropriate bail reduction motion on your behalf. Successfully reducing your bail can make the difference for any incarcerated defendant. It may afford you the opportunity to maintain your employment, review your case with your defense attorney in a private setting, or take care of your dependents.
BAIL - If you are facing criminal charges, the Court may grant bail to insure that you appear at each and every hearing and comply with any conditions of bail. Bail can usually be posted by any third party including the defendant. The bail will not be returned to the posting party until the matter has been completely disposed of by the Court (usually upon sentencing or dismissal). Defendants can also be released on their own recognizance (R.O.R) for minor offenses. R.O.R. may require certain conditions based on the County in which this bail is granted. However, due to financial constraints most defendants will utilize the services of a Bondsman to post bond for their release.
The Court has discretion to set bail based on a variety of factors including but not limited to: the degree of the criminal charge, the likelihood of conviction, the past history of defendant on prior bails, the criminal record of the defendant, the ties to the community, and the likelihood of flight. When determining the amount of bail the Court must consider all factors to set bail accordingly. However, the amount of bail may always be reviewed during the course of a pending criminal case as these factors may change.
It may be helpful to retain the services of an experienced criminal defense lawyer who has knowledge of the bail guidelines, and can file the appropriate bail reduction motion on your behalf. Successfully reducing your bail can make the difference for any incarcerated defendant. It may afford you the opportunity to maintain your employment, review your case with your defense attorney in a private setting, or take care of your dependents.
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bail_guidelines.pdf | |
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Cases argued on appeal by Mr. Di Stefano
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state_v_molino.pdf | |
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430_n.j.super._587.pdf | |
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