Thomas Hugh Martin Esq.

New Jersey Attorney – Criminal, Traffic & DWI

Asbury Park Drug Possession Lawyer

 

Have You Been Arrested For Possession of Marijuana, or Possession of Prescription Drugs in Asbury Park?

Drug charges are very serious and can result in a lengthy State Prison Sentence. If you plead guilty or are found guilty of a drug charge, you could suffer expensive fines, probation, a loss of your driver’s license, County Jail and/or State Prison. If you have been arrested and received a summons or complaint for a drug charge in Asbury Park Township, New Jersey, or any other municipality in New Jersey, it is essential that you hire a well-versed and experienced Asbury Park Township, New Jersey criminal defense attorney.  My law firm is conveniently located just a few miles from the Asbury Park Municipal Court, and I have appeared on cases of this nature in the Asbury Park Municipal Court. I have also handled cases that arose in the Asbury Park Court and were transferred to the Monmouth County Superior Court. Asbury Park Police, Monmouth County Sheriffs’ Officers and New Jersey State Police have the authority to charge anyone for possession of any illegal drug or substance. 

Possession of Marijuana Charges or Paraphernalia Charges.

The Asbury Park Township Municipal Court has the authority to handle possession of marijuana cases involving less than 50 grams of marijuana and/or paraphernalia charges.  Sometimes more serious drug charges can be downgraded and remanded to the Asbury Park Township Municipal Court if the Prosecutor’s Office sees fit.

These types of possession of marijuana or paraphernalia charges result from traffic stops, searches of your person or property incident to arrest, house parties, etc. Paraphernalia are typically described as rolling papers, bongs, pipes, grinders, bats, etc. The penalties for disorderly person marijuana possession or paraphernalia can be significant, including fines and surcharges in excess of $1000.00, loss of driving privileges, a record and, in some cases, six months jail. They can also lead to deportation if you are illegal or forfeiture of your public job if you work in government Typically, first time offenders may be eligible for a diversionary program, such as a conditional discharge if you are in municipal court or pretrial intervention (PTI in Superior Court) if you have in excess of 50 grams of marijuana and/or are intending to distribute same.

If you have been arrested and charged with possession of marijuana in Asbury Park Township, or else where in New Jersey, it is imperative that you have an experienced Asbury Park drug possession lawyer.  These cases have a variety of defenses that only an attorney will be familiar with. For instance, you may have an illegal search issue, tainted laboratory test results, proof that you didn’t actually, jointly or constructively possess the drugs. As an Asbury Park marijuana possession attorney I can review all of the evidence presented against you and recommend options for your defense. 

Possession of Oxycodone, Percocets and other Prescription Drugs

Charges may also be brought in Asbury Park for unlawful possession of prescription drugs, forging a prescription blank, theft of prescription pad and obtaining CDS by fraud.  These types of charges involving pain killers and/or narcotics have been growing exponentially since the 1990’s.  Persons can even be charged for driving under the influence and/or a Asbury Park DWI if they are operating a vehicle while under the influence of prescription drugs. If you have been found in possession of prescription medication (without a valid prescription), have forged a prescription slip or attempted to obtain CDS by fraud you can be charged with a 3rd degree felony charge.

The consequences associated with these offenses depend on the weight of the drugs possessed. At any rate, if you are convicted of a fourth, third or second degree charge, arising out of Asbury Park you are looking at a potential State Prison Sentence.

It is also unlawful for a person to intend to distribute or distribute prescription drugs in Asbury Park without a license to do so.  If you are caught having done so, and it was within a 1000’ feet of a school zone or 500’ of a public park or public housing project, you could be  looking at mandatory prison time.  There are many options and defenses to handling these charges which may allow you to avoid prison time.

I have personally handled many drug cases in Asbury Park and throughout New Jersey. I will protect your rights and aggressively pursue all available legal defenses.  The right Asbury Park drug possession lawyer can make all the difference.  Contact our offices for a free consultation.  You can reach us at (732) 431-2224 or e-mail Thomas H. Martin, Esq. or directly at tmartin@jerseycriminal.com.  You may also visit our website at http://www.jerseycriminallawyer.com/index.html Thank you.

 

Asbury Park DWI Lawyer

Hiring an experienced Asbury Park DWI lawyer is the most important decision you can make if you have been charged with DWI under N.J.S.A. 39:4-50 or refusal to submit or consent to a breath test under N.J.S.A 39:4-50.2. The value of a knowledgeable Asbury Park DWI lawyer is two fold. First, he will obtain all of the evidence that the Prosecutor seeks to introduce against you and evaluate same. Second, he will be in a position to file Motions to dismiss your charges if applicable or try your case aggressively and properly to the Judge that will be deciding your fait.

DWI Lawyer Thomas H. Martin has tried DWI cases all over New Jersey and has been successful on multiple occasions in having client’s DWI charges dismissed without even the need for trial. The first thing I do when I have been retained as a Asbury Park DWI attorney is to obtain all of the evidence for and against you. I then analyze it looking to spot multiple issues or problems for the Prosecutor. First and foremost, I want to see if the police can actually establish that you were operating a motor vehicle. The issue of operation is fact sensitive. For instance, the Courts have held that being in a car with the motor running to be operation in one case (intent to drive). However, in a separate case, they found that being behind the wheel with the car running was not operation in another case (no intent to drive-car was running solely to keep the person warm). As you can see operation is not such a straight forward issue. If there is reasonable doubt as to whether you operated your vehicle, then the Judge must find you not guilty.

The next issue I examine in your Asbury Park driving while intoxicated case is whether the police had a reasonable and articulable suspicion to stop your vehicle. The Police simply cannot stop your car because you are the only car on the road after the bars let out. What this means is that the police must believe that you have committed a motor vehicle offense, or are about to commit a crime, or the police are acting in their role as a community caretaker before they can stop you. One example of an invalid stop was where the police were behind an individual at a red light. When the light turned green, the motorist did not commence driving for 5 to 10 seconds. State v Cryan. The Court ruled that the police did not have a valid excuse to stop the vehicle and ruled the stop unconstitutional. As such, all evidence obtained after this stop, i.e. physical observations, breath tests, etc. were ruled inadmissible by the Court.

The next issue in your DWI case is whether the police have a reasonable and articulable suspicion to have you perform the Standardized Field Sobriety Tests (SFTS). There are three tests that actually are considered part of the SFTS’s. They are: (1) the walk and turn test; (2) the one leg stand test; and (3) the HGN test-eye examination). Based upon your performance on same, the police may or not may not have a legal basis to arrest you. DWI Attorney Thomas H. Martin is well versed in these tests and knows what to look for. In addition, if my clients can afford it, we mutually retain an expert (a former New Jersey State Police Test Coordinator) to evaluate whether the arresting officer(s) performed the SFTS’s properly. If they didn’t then the arrest and DWI breath results may be ruled inadmissible (thrown out). Further, if the case gets to trial, the expert can raise reasonable doubt as to the Prosecutor’s case or efforts to prove you were drunk based upon his or her physical observations of you.

If you have been arrested and are being brought to the police station for a breath test, there are multiple issues that can be exploited to have your breath tests excluded as evidence. The following examples are illustrative and not exhaustive. They are: (1) was the test performed in a reasonable amount of time after the arrest; (2) was the officer certified to conduct the Alcotest; (3) was the test performed according to proper protocol; (4) did the officer implement the test properly; (5) did the officer observe you for 20 minutes to make sure you didn’t introduce alcohol into your oral activity via burp or gas prior to you taking the test; (6) did the officer change the mouth piece after each test he administered; (7) was the machine calibrated properly; (8) were there electronic devices with in the test area; (9) were the test results within the required tolerance range; (10) did the repair records reveal that the machine was not working properly prior to your test; and (11) did the prosecutor turn over all evidence in a timely matter.

The list can go on ad infinitum, but these are some of the main issues Thomas H. Martin, Esq. and his experts can address which can help you defeat your Asbury Park DWI. While I did not address a DWI based upon being under the influence of drugs, many of these same issues would be applicable. If you have been charged with a DWI in Asbury Park and are looking for experienced counsel or you are looking for more information on DWI law, I urge you to contact Thomas H. Martin, Esq. at (732) 431-2224 or view our website.

 

 

New Brunswick Drug Lawyer-Thomas H. Martin

Have You Been Arrested For Possession of Marijuana, or Possession of Prescription Drugs in New Brunswick?

Drug charges are very serious and can result in a lengthy State Prison Sentence. If you plead guilty or are found guilty of a drug charge, you could suffer expensive fines, probation, a loss of your driver’s license, County Jail and/or State Prison. If you have been arrested and received a summons or complaint for a drug charge in New Brunswick, New Jersey, or any other municipality in New Jersey, it is essential that you hire a well-versed and experienced New Brunswick, New Jersey criminal defense attorney. My law firm is conveniently located just a few miles from the New Brunswick Municipal Court, and I have appeared on cases of this nature in the New Brunswick Municipal Court. I have also handled cases that arose in the New Brunswick Court and were transferred to the Monmouth County Superior Court. New Brunswick Police, Monmouth County Sheriffs’ Officers and New Jersey State Police have the authority to charge anyone for possession of any illegal drug or substance. 

Possession of Marijuana Charges or Paraphernalia Charges.

The New Brunswick Municipal Court has the authority to handle possession of marijuana cases involving less than 50 grams of marijuana and/or paraphernalia charges.  Sometimes more serious drug charges can be downgraded and remanded to the New Brunswick Township Municipal Court if the Prosecutor’s Office sees fit.

These types of possession of marijuana or paraphernalia charges result from traffic stops, searches of your person or property incident to arrest, house parties, etc.  Paraphernalia are typically described as rolling papers, bongs, pipes, grinders, bats, etc. The penalties for disorderly person marijuana possession or paraphernalia can be significant, including fines and surcharges in excess of $1000.00, loss of driving privileges, a record and, in some cases, six months jail. They can also lead to deportation if you are illegal or forfeiture of your public job if you work in government Typically, first time offenders may be eligible for a diversionary program, such as a conditional discharge if you are in municipal court or pretrial intervention (PTI in Superior Court) if you have in excess of 50 grams of marijuana and/or are intending to distribute same.

If you have been arrested and charged with possession of marijuana in New Brunswick or else where in New Jersey, it is imperative that you have an experienced New Brunswick drug possession lawyer. These cases have a variety of defenses that only an attorney will be familiar with. For instance, you may have an illegal search issue, tainted laboratory test results, proof that you didn’t actually, jointly or constructively possess the drugs. As a New Brunswick marijuana possession attorney I can review all of the evidence presented against you and recommend options for your defense.

Possession of Oxycodone, Percocets and other Prescription Drugs

Charges may also be brought in New Brunswick for unlawful possession of prescription drugs, forging a prescription blank, theft of prescription pad and obtaining CDS by fraud.  These types of charges involving pain killers and/or narcotics have been growing exponentially since the 1990’s.  Persons can even be charged for driving under the influence and/or a New Brunswick DWI if they are operating a vehicle while under the influence of prescription drugs. If you have been found in possession of prescription medication (without a valid prescription), have forged a prescription slip or attempted to obtain CDS by fraud you can be charged with a 3rd degree felony charge.

The consequences associated with these offenses depend on the weight of the drugs possessed. At any rate, if you are convicted of a fourth, third or second degree charge, arising out of a drug conviction you are looking at a potential State Prison Sentence.

It is also unlawful for a person to intend to distribute or distribute prescription drugs in New Brunswick without a license to do so.  If you are caught having done so, and it was within a 1000’ feet of a school zone or 500’ of a public park or public housing project, you could be  looking at mandatory prison time.  There are many options and defenses to handling these charges which may allow you to avoid prison time.

I have personally handled many drug cases in New Brunswick and throughout New Jersey. I will protect your rights and aggressively pursue all available legal defenses.  The right New Brunswick drug possession lawyer can make all the difference.  Contact our offices for a free consultation.  You can reach us at (732) 431-2224 or e-mail Thomas H. Martin, Esq. or directly at http://jerseycriminallawyer.com/  You may also visit our website at Thank you.

Toms River DWI Lawyer on Defense Strategies

Hiring an experienced Toms River DWI lawyer is the most important decision you can make if you have been charged with DWI under N.J.S.A. 39:4-50 or refusal to submit or consent to a breath test under N.J.S.A 39:4-50.2. The value of a knowledgeable Toms River DWI lawyer is two-fold. First, he will obtain all of the evidence that the Prosecutor seeks to introduce against you and evaluate same. Second, he will be in a position to file Motions to dismiss your charges if applicable or try your case aggressively and properly to the Judge that will be deciding your fait.

DWI Lawyer Thomas H. Martin has tried DWI cases all over New Jersey and has been successful on multiple occasions in having client’s DWI charges dismissed without even the need for trial. The first thing I do when I have been retained as a Toms River DWI attorney is to obtain all of the evidence for and against you. I then analyze it looking to spot multiple issues or problems for the Prosecutor. First and foremost, I want to see if the police can actually establish that you were operating a motor vehicle. The issue of operation is fact sensitive. For instance, the Courts have held that being in a car with the motor running to be operation in one case (intent to drive). However, in a separate case, they found that being behind the wheel with the car running was not operation in another case (no intent to drive-car was running solely to keep the person warm). As you can see operation is not such a straight forward issue. If there is reasonable doubt as to whether you operated your vehicle, then the Judge must find you not guilty.

The next issue I examine in your Toms River driving while intoxicated case is whether the police had a reasonable and articulable suspicion to stop your vehicle. The Police simply cannot stop your car because you are the only car on the road after the bars let out. What this means is that the police must believe that you have committed a motor vehicle offense, or are about to commit a crime, or the police are acting in their role as a commuter caretaker before they can stop you. One example of an invalid stop was where the police were behind an individual at a red light. When the light turned green, the motorist did not commence driving for 5 to 10 seconds. State v Cryan. The Court ruled that the police did not have a valid excuse to stop the vehicle and ruled the stop unconstitutional. As such, all evidence obtained after this stop, i.e. physical observations, breath tests, etc. were ruled inadmissible by the Court.

The next issue in your DWI case is whether the police have a reasonable and articulable suspicion to have you perform the Standardized Field Sobriety Tests (SFTS). There are three tests that actually are considered part of the SFTS’s. They are: (1) the walk and turn test; (2) the one leg stand test; and (3) the HGN test-eye examination). Based upon your performance on same, the police may or not may not have a legal basis to arrest you. DWI Attorney Thomas H. Martin is well versed in these tests and knows what to look for. In addition, if my clients can afford it, we mutually retain an expert (a former New Jersey State Police Test Coordinator) to evaluate whether the arresting officer(s) performed the SFTS’s properly. If they didn’t then the arrest and DWI breath results may be ruled inadmissible (thrown out). Further, if the case gets to trial, the expert can raise reasonable doubt as to the Prosecutor’s case or efforts to prove you were drunk based upon his or her physical observations of you.

If you have been arrested and are being brought to the police station for a breath test, there are multiple issues that can be exploited to have your breath tests excluded as evidence. The following examples are illustrative and not exhaustive. They are: (1) was the test performed in a reasonable amount of time after the arrest; (2) was the officer certified to conduct the Alcotest; (3) was the test performed according to proper protocol; (4) did the officer implement the test properly; (5) did the officer observe you for 20 minutes to make sure you didn’t introduce alcohol into your oral activity via burp or gas prior to you taking the test; (6) did the officer change the mouth piece after each test he administered; (7) was the machine calibrated properly; (8) were there electronic devices with in the test area; (9) were the test results within the required tolerance range; (10) did the repair records reveal that the machine was not working properly prior to your test; and (11) did the prosecutor turn over all evidence in a timely matter.

The list can go on ad infinitum, but these are some of the main issues Thomas H. Martin, Esq. and his experts can address which can help you defeat your Toms River DWI. While I did not address a DWI based upon being under the influence of drugs, many of these same issues would be applicable. If you have been charged with a DWI in  Toms River and are looking for experienced counsel or you are looking for more information on DWI law, I urge you to contact Thomas H. Martin, Esq. at (732) 431-2224 or view our website.

I have represented 1000’s of clients throughout New Jersey. In addition, I have represented people charged with Driving While Intoxicated all over the State for both alcohol and drugs. In 2011 and 2012, I have been recognized by the magazine Super Lawyers, Rising Stars for Driving While Intoxicated Attorneys.

Super Lawyer Rising Star recognition begins with peer nominations.  Next, evaluations are combined with third-party research.  Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.  Selections are made on an annual, state-by-state basis.  The honor is not issued for a price.  No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

The selection process for Rising Stars is the same as the Super Lawyers selection process except that: 1) to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for ten years or less; 2) Candidates for Rising Stars do not go through step three above—peer evaluation by practice area. While up to five percent of the lawyers in the state are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.

Manalapan DWI Lawyer on DWI Law

Hiring an experienced Manalapan DWI lawyer  is the most important decision you can make if you have been charged with DWI under N.J.S.A. 39:4-50 or refusal to submit or consent to a breath test under N.J.S.A 39:4-50.2. The value of a knowledgeable Manalapan DWI lawyer is two-fold. First, I will obtain all of the evidence that the Prosecutor seeks to introduce against you and evaluate same. Second, I will be in a position to file Motions to dismiss your charges if applicable or try your case aggressively and properly to the Judge that will be deciding your fait.

DWI Lawyer Thomas H. Martin has tried DWI cases all over New Jersey and has been successful on multiple occasions in having client’s DWI charges dismissed without even the need for trial. The first thing I do when I have been retained as an Manalapan DWI attorney is to obtain all of the evidence for and against you. I then analyze it looking to spot multiple issues or problems for the Prosecutor. First and foremost, I want to see if the police can actually establish that you were operating a motor vehicle. The issue of operation is fact sensitive. For instance, the Courts have held that being in a car with the motor running to be operation in one case (intent to drive). However, in a separate case, they found that being behind the wheel with the car running was not operation in another case (no intent to drive-car was running solely to keep the person warm). As you can see operation is not such a straight forward issue. If there is reasonable doubt as to whether you operated your vehicle, then the Judge must find you not guilty.

The next issue I examine in your Manalapan driving while intoxicated case is whether the police had a reasonable and articulable suspicion to stop your vehicle. The Police simply cannot stop your car because you are the only car on the road after the bars let out. What this means is that the police must believe that you have committed a motor vehicle offense, or are about to commit a crime, or the police are acting in their role as a commuter caretaker before they can stop you. One example of an invalid stop was where the police were behind an individual at a red light. When the light turned green, the motorist did not commence driving for 5 to 10 seconds. State v Cryan. The Court ruled that the police did not have a valid excuse to stop the vehicle and ruled the stop unconstitutional. As such, all evidence obtained after this stop, i.e. physical observations, breath tests, etc. were ruled inadmissible by the Court.

The next issue in your DWI case is whether the police have a reasonable and articulable suspicion to have you perform the Standardized Field Sobriety Tests (SFTS). There are three tests that actually are considered part of the SFTS’s. They are: (1) the walk and turn test; (2) the one leg stand test; and (3) the HGN test-eye examination). Based upon your performance on same, the police may or not may not have a legal basis to arrest you. DWI Attorney Thomas H. Martin is well versed in these tests and knows what to look for. In addition, if my clients can afford it, we mutually retain an expert (a former New Jersey State Police Test Coordinator) to evaluate whether the arresting officer(s) performed the SFTS’s properly. If they didn’t then the arrest and DWI breath results may be ruled inadmissible (thrown out). Further, if the case gets to trial, the expert can raise reasonable doubt as to the Prosecutor’s case or efforts to prove you were drunk based upon his or her physical observations of you.

If you have been arrested and are being brought to the police station for a breath test, there are multiple issues that can be exploited to have your breath tests excluded as evidence. The following examples are illustrative and not exhaustive. They are: (1) was the test performed in a reasonable amount of time after the arrest; (2) was the officer certified to conduct the Alcotest; (3) was the test performed according to proper protocol; (4) did the officer implement the test properly; (5) did the officer observe you for 20 minutes to make sure you didn’t introduce alcohol into your oral activity via burp or gas prior to you taking the test; (6) did the officer change the mouth piece after each test he administered; (7) was the machine calibrated properly; (8) were there electronic devices with in the test area; (9) were the test results within the required tolerance range; (10) did the repair records reveal that the machine was not working properly prior to your test; and (11) did the prosecutor turn over all evidence in a timely matter.

The list can go on ad infinitum, but these are some of the main issues Thomas H. Martin, Esq. and his experts can address which can help you defeat your Manalapan DWI. While I did not address a DWI based upon being under the influence of drugs, many of these same issues would be applicable. If you have been charged with a DWI in Manalapan and are looking for experienced counsel or you are looking for more information on DWI law, I urge you to contact Thomas H. Martin, Esq. at (732) 431-2224 or view our website at http://jerseycriminallawyer.com/index.html

 

Holmdel DWI Lawyer Thomas Hugh Martin

HOLMDEL — As reported in the Asbury Park Press on April 27, 2012, the Monmouth County DWI Task force will conduct a DWI checkpoint Friday night to detect drivers under the influence of drugs or alcohol. The checkpoint will be run from 11 p.m. Friday through 3 a.m. Saturday on Route 35 South.

        Task force members and officers from the Holmdel Police Department will pull vehicles from the southbound lanes into the Dearborn Farms parking lot to determine drivers’ sobriety, said Brielle Police Chief Michael W. Palmer, task force coordinator

            The area of checkpoint sobriety law requires the police to adhere to strict guidelines to justify stopping your car, if they fail to do so, your charges can be dismissed. If you have been charged with a Holmdel DWI or Holmdel driving while intoxicated and are looking for experienced counsel or you are looking for more information on DWI law, I urge you to contact Thomas H. Martin, Esq. at (732) 431-2224 & view our website at : http://jerseycriminallawyer.com/index.html .

Tinton Falls Shoplifting Lawyer

How a Tinton Falls Shoplifting Attorney Can Defend You

Shoplifting tends to be most prevalent in towns with malls or outlets. As such, the Tinton Falls Municipal Court tends to handle its fair share of shoplifting charges. If you have a Tinton Falls shoplifting charge or shoplifting case anywhere in New Jersey, then call to speak to an experienced attorney on your  shoplifting case.

In my experience in handling shoplifting cases, most clients were hardworking, decent people who acted on a bad impulse. These people shouldn’t have to live with the stigma and difficulty of trying to find a job with this conviction on their record. It is also true that while some former clients have made mistakes, it is possible that store security can make mistakes too. These mistakes lead to innocent people being charged with shoplifting. As such, it is highly suggested that you have a Tinton Falls shoplifting attorney in your defense.

Defending a Tinton Falls shoplifting case or any shoplifting case presents some strong obstacles; which can be overcome through hard work and investigation.TintonFallsshoplifting charges often involve store surveillance videos that capture the accused near the site of the incident. InTinton Falls’ shoplifting cases, there will always be store employees and loss prevention employees who will serve as witnesses for the prosecution at the time of trial.

A Tinton Falls shoplifting lawyer will obtain all of the evidence (videos, store receipts, witness names, photos of the items, etc.) and will prepare your defense. Some strategies are attacking the credibility of the States witness’s, the handling of the evidence/chain of custody issues or an affirmative defense of mental health problems (if the client has any) in the right scenario. Further, the state has to prove each and every element of your Tinton Falls shoplifting charge to prove your guilt. All I have to do as raise a reasonable doubt as to only one of the elements to obtain a not guilty on your behalf. These are serious charges which have serious consequences.  

Grading and Penalties for Shoplifting

Under the law, the grading or degree of charge for shoplifting is based on the full retail value of the merchandise taken. Thus, if you have been charged for shoplifting, the severity of the offense is in proportion to the value of the stuff you are accused of trying to conceal or take. Consequently, shoplifting shall be charged in accordance with the full retail value of the merchandise taken, as provided in N.J.S.A. 2C:20-11. Under the statute, shoplifting offenses are graded as follows:

2nd Degree: Shoplifting is a crime of the second degree if the full retail value of the merchandise was $75,000.00 or more. N.J.S.A. 2C:20-11c(1). A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine not to exceed $150,000.00, or both.

3rd Degree: Shoplifting is a crime of the third degree if the full retail value of the merchandise exceeds $500.00 but is less than $75,000.00. N.J.S.A. 2C:20-11c(2). A crime of the third degree is punishable by a term of imprisonment of  three to five years, a fine not to exceed $15,000.00, or both.  

4th Degree: Shoplifting is a crime of the fourth degree if the full retail value of the merchandise was at least $200.00 but does not exceed $500.00. N.J.S.A. 2C:20-11c(3). A crime of the fourth degree is punishable by a term of imprisonment not to exceed 18 months, a fine not to exceed $10,000 or both.

Disorderly Persons Offense: Shoplifting is a disorderly persons offense if the full retail value of the merchandise was less than $200.00. N.J.S.A. 2C:20-11c(4). A disorderly persons offense is punishable by a term of imprisonment not to exceed six months, a fine not to exceed $1,000 or both.  

The additional mandatory penalties for anyone convicted of shoplifting under the Act are as follows:

Additional Mandatory for a first offense, at least ten days of community service; for a  second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.  N.J.S.A. 2C:20-11c(4).

If you have been charged with shoplifting, have questions or fears and are seeking legal representation, then contact Thomas H. Martin, Esq. at (732) 431-2224 who has handled shoplifting charges all over New Jersey. You can also email us through our website http://jerseycriminallawyer.com/index.html. Mr. Martin has successfully and aggressively handled shoplifting cases in both Superior and Municipal Court.   

 

Experienced East Brunswick DWI Attorney

Hiring an experienced East Brunswick DWI lawyer  is the most important decision you can make if you have been charged with DWI under N.J.S.A. 39:4-50 or refusal to submit or consent to a breath test under N.J.S.A 39:4-50.2. The value of a knowledgeable East Brunswick DWI lawyer is two-fold. First, I will obtain all of the evidence that the Prosecutor seeks to introduce against you and evaluate same. Second, I will be in a position to file Motions to dismiss your charges if applicable or try your case aggressively and properly to the Judge that will be deciding your fait.

DWI Lawyer Thomas H. Martin has tried DWI cases all over New Jersey and has been successful on multiple occasions in having client’s DWI charges dismissed without even the need for trial. The first thing I do when I have been retained as an East Brunswick DWI attorney is to obtain all of the evidence for and against you. I then analyze it looking to spot multiple issues or problems for the Prosecutor. First and foremost, I want to see if the police can actually establish that you were operating a motor vehicle. The issue of operation is fact sensitive. For instance, the Courts have held that being in a car with the motor running to be operation in one case (intent to drive). However, in a separate case, they found that being behind the wheel with the car running was not operation in another case (no intent to drive-car was running solely to keep the person warm). As you can see operation is not such a straight forward issue. If there is reasonable doubt as to whether you operated your vehicle, then the Judge must find you not guilty.

The next issue I examine in your East Brunswick driving while intoxicated case is whether the police had a reasonable and articulable suspicion to stop your vehicle. The Police simply cannot stop your car because you are the only car on the road after the bars let out. What this means is that the police must believe that you have committed a motor vehicle offense, or are about to commit a crime, or the police are acting in their role as a commuter caretaker before they can stop you. One example of an invalid stop was where the police were behind an individual at a red light. When the light turned green, the motorist did not commence driving for 5 to 10 seconds. State v Cryan. The Court ruled that the police did not have a valid excuse to stop the vehicle and ruled the stop unconstitutional. As such, all evidence obtained after this stop, i.e. physical observations, breath tests, etc. were ruled inadmissible by the Court.

The next issue in your DWI case is whether the police have a reasonable and articulable suspicion to have you perform the Standardized Field Sobriety Tests (SFTS). There are three tests that actually are considered part of the SFTS’s. They are: (1) the walk and turn test; (2) the one leg stand test; and (3) the HGN test-eye examination). Based upon your performance on same, the police may or not may not have a legal basis to arrest you. DWI Attorney Thomas H. Martin is well versed in these tests and knows what to look for. In addition, if my clients can afford it, we mutually retain an expert (a former New Jersey State Police Test Coordinator) to evaluate whether the arresting officer(s) performed the SFTS’s properly. If they didn’t then the arrest and DWI breath results may be ruled inadmissible (thrown out). Further, if the case gets to trial, the expert can raise reasonable doubt as to the Prosecutor’s case or efforts to prove you were drunk based upon his or her physical observations of you.

If you have been arrested and are being brought to the police station for a breath test, there are multiple issues that can be exploited to have your breath tests excluded as evidence. The following examples are illustrative and not exhaustive. They are: (1) was the test performed in a reasonable amount of time after the arrest; (2) was the officer certified to conduct the Alcotest; (3) was the test performed according to proper protocol; (4) did the officer implement the test properly; (5) did the officer observe you for 20 minutes to make sure you didn’t introduce alcohol into your oral activity via burp or gas prior to you taking the test; (6) did the officer change the mouth piece after each test he administered; (7) was the machine calibrated properly; (8) were there electronic devices with in the test area; (9) were the test results within the required tolerance range; (10) did the repair records reveal that the machine was not working properly prior to your test; and (11) did the prosecutor turn over all evidence in a timely matter.

The list can go on ad infinitum, but these are some of the main issues Thomas H. Martin, Esq. and his experts can address which can help you defeat your East Brunswick DWI. While I did not address a DWI based upon being under the influence of drugs, many of these same issues would be applicable. If you have been charged with a DWI in East Brunswick and are looking for experienced counsel or you are looking for more information on DWI law, I urge you to contact Thomas H. Martin, Esq. at (732) 431-2224 or view our website at http://jerseycriminallawyer.com/index.html

 

 

Asbury Park Criminal Lawyer On Possession With Intent Opinion

Asbury Park Criminal Lawyer, Thomas H. Martin, Esq., reports on the April 17, 2012, State v. Ronald Jones, Jr. case addressing the impermissible testimony of a narcotics expert in a possession with intent to distribute cocaine case. At issue in this case was whether the trial court permitted impermissible testimony by allowing an expert to specifically opine that Mr. Jones violated N.J.S.A. 2C:35-5 by intending to sell drugs.

Specifically, the Appellate Division ruled that the expert opinion that the defendant intended to distribute cocaine was improper because it expressed the expert’s personal opinion of defendant’s guilt and invaded the province of the jury. Typically, the expert opinion of a state narcotic expert in a possession with intent case should be expressed in a hypothetical fact pattern similar to the defendant’s fact pattern, but not expressing a personal opinion of guilt. However, in this case, the expert specifically mentioned the defendant by name in his testimony and gave a direct opinion as to defendant’s guilt. The Appellate Division found this to be plain error and vacated defendant’s conviction.

If you or a loved one have been charged with a drug offense and have any questions, then please feel free to make an appointment for a consultation. I have personally handled many drug cases in Monmouth County and throughout New Jersey. I will protect your rights and aggressively pursue all available legal defenses.  The right  drug possession lawyer or drug distribution lawyer can make all the difference.  Contact our offices for a free consultation.  You can reach us at (732) 431-2224 or e-mail Thomas H. Martin directly at tmartin@jerseycriminal.com. You may also visit our website at http://jerseycriminallawyer.com/ Thank you!

Freehold Township Drug Possession Lawyer

Have You Been Arrested For Possession of Marijuana, or Possession of Prescription Drugs in Freehold Township?

Drug charges are very serious and can result in a lengthy State Prison Sentence. If you plead guilty or are found guilty of a drug charge, you could suffer expensive fines, probation, a loss of your driver’s license, County Jail and/or State Prison. If you have been arrested and received a summons or complaint for a drug charge in Freehold Township, New Jersey, or any other municipality in New Jersey, it is essential that you hire a well-versed and experienced Freehold Township, New Jersey criminal defense attorney.  My law firm is conveniently located just a few miles from the Freehold Municipal Court, and I have appeared on cases of this nature in the Freehold Municipal Court. I have also handled cases that arose in the Freehold Courtand were transferred to the Monmouth County Superior Court. Freehold Police, Monmouth County Sheriffs’ Officers and New Jersey State Police have the authority to charge anyone for possession of any illegal drug or substance. 

Possession of Marijuana Charges or Paraphernalia Charges.

 The Freehold Township Municipal Court has the authority to handle possession of marijuana cases involving less than 50 grams of marijuana and/or paraphernalia charges.  Sometimes more serious drug charges can be downgraded and remanded to the Freehold Township Municipal Court if the Prosecutor’s Office sees fit.

These types of possession of marijuana or paraphernalia charges result from traffic stops, searches of your person or property incident to arrest, house parties, etc.  Paraphernalia are typically described as rolling papers, bongs, pipes, grinders, bats, etc. The penalties for disorderly person marijuana possession or paraphernalia can be significant, including fines and surcharges in excess of $1000.00, loss of driving privileges, a record and, in some cases, six months jail. They can also lead to deportation if you are illegal or forfeiture of your public job if you work in government Typically, first time offenders may be eligible for a diversionary program, such as a conditional discharge if you are in municipal court or pretrial intervention (PTI in Superior Court) if you have in excess of 50 grams of marijuana and/or are intending to distribute same.

If you have been arrested and charged with possession of marijuana in Freehold Township, or else where inNew Jersey, it is imperative that you have an experienced Freehold drug possession lawyer. These cases have a variety of defenses that only an attorney will be familiar with. For instance, you may have an illegal search issue, tainted laboratory test results, proof that you didn’t actually, jointly or constructively possess the drugs. As a Freehold marijuana possession attorney I can review all of the evidence presented against you and recommend options for your defense.

Possession of Oxycodone, Percocets and other Prescription Drugs

Charges may also be brought in Freehold for unlawful possession of prescription drugs, forging a prescription blank, theft of prescription pad and obtaining CDS by fraud.  These types of charges involving pain killers and/or narcotics have been growing exponentially since the 1990’s.  Persons can even be charged for driving under the influence and/or a Freehold DWI if they are operating a vehicle while under the influence of prescription drugs. If you have been found in possession of prescription medication (without a valid prescription), have forged a prescription slip or attempted to obtain CDS by fraud you can be charged with a 3rd degree felony charge.

The consequences associated with these offenses depend on the weight of the drugs possessed. At any rate, if you are convicted of a fourth, third or second degree charge, arising out of Freehold you are looking at a potential State Prison Sentence.

It is also unlawful for a person to intend to distribute or distribute prescription drugs in Freehold without a license to do so.  If you are caught having done so, and it was within a 1000’ feet of a school zone or 500’ of a public park or public housing project, you could be  looking at mandatory prison time.  There are many options and defenses to handling these charges which may allow you to avoid prison time.

I have personally handled many drug cases in Freehold and throughout New Jersey. I will protect your rights and aggressively pursue all available legal defenses.  The right Freehold drug possession lawyer can make all the difference.  Contact our offices for a free consultation.  You can reach us at (732) 431-2224 or e-mail Thomas H. Martin directly at tmartin@jerseycriminal.com.  You may also visit our website at http://jerseycriminallawyer.com/ Thank you!