Successfully Resolving Different Court Cases in New Jersey
When you are going up against the State of New Jersey, you need experienced legal counsel. Regardless of whether you are facing an indictable criminal charge in the Superior Court, a drug charge in Municipal Court, a DWI, or even a simple motor vehicle charge you want to have the best possible result. Thomas H. Martin has been helping people face the most difficult of situations for years.
Below is a cross-section of criminal cases handled by Thomas H. Martin Esq. This by no means is an exhaustive list of all cases handled by his firm. Mr. Martin is a New Jersey criminal defense lawyer that provides Board Certified Criminal Representation in both the State and Federal Courts throughout the tri-state area.
DWI-Municipal Court, Monmouth County
A Toms River, NJ man (DL) was charged with N.J.S.A. 39:4-50, driving while intoxicated (DWI); N.J.S.A. 39:4-96, reckless driving; N.J.S.A. 39:4-49.1, operating a motor vehicle with drugs in possession; N.J.S.A. 39:4-88, failure to maintain lane; & N.J.S.A. 2C:35-10(a)(4).
Police received a 911 call regarding an erratic drunk driver, who had bounced off a guardrail. As the police located the client’s vehicle, the client veered into the other lane and crashed into a curb. The police immediately arrested the defendant and then searched his car and found marijuana & numerous prescription medicine that had been filled a few hours earlier. The problem was the police counted the pills and realized the client had consumed more than he legally should have. The client was slurring his speech as well. The cops questioned the client without reading him his Miranda Rights.
Due to his pill consumption, the police transported him to Jersey Shore Hospital and collected a urine sample. The sample contained a cocaine metabolite, cocaine, codeine, oxycodone, and THC. The client’s total loss of license and jail exposure was: (1) two years loss of license and ninety days jail on the N.J.S.A. 39:4-50 (it would have been his second offense); (2) two-year loss of license on N.J.S.A. 39:4-49.1; and (3) six months jail and up to two years loss of license on the N.J.S.A. 2C:35-10. Since the most time, a defendant can get in jail on one case in municipal court is 6 months, his exposure was 6 months jail and a 5 1/2 year loss of license.
Result: After, Mr. Martin raised the fact that there were no standardized field sobriety tests, no Drug Recognition Expert (DRE) for the police, no valid (illegal search), a failure to Mirandize the client and the fact that the urine was only circumstantial evidence that the person may have consumed drugs days prior to the incident, he was able to get every charge except the reckless driving ticket dismissed.
The defendant only paid a $239.00 fine and lost his license for only 60 days. Thus, he avoided any jail time, 5+ years of a license suspension, and thousands of dollars in fines and surcharges.
Superior Court of New Jersey, Criminal Division
A Middlesex County man (AL) and another individual were accused of raping a young lady. After grand jury proceedings, AL was indicted for:
Count 1): Aggravated Sexual Assault, (N.J.S.A. 2C:14-2a(5), a first-degree crime punishable by up to twenty (20) years in State Prison;
Count 2): Sexual Assault, (N.J.S.A. 2C:14-2c(1), a second-degree crime punishable by up to ten (10) years in State Prison;
Count 3): Aggravated Sexual Contact, (N.J.S.A. 2C:14-3a), a third-degree crime punishable by up to five (5) years in State Prison; and
Count 4): Criminal Sexual Contact; (N.J.S.A. 2C:14-2a (5), a fourth-degree crime, punishable by up to eighteen months in prison.
Had AL been found guilty of these charges, he would be subject to Megan’s Law and Community Supervision for Life.
Result: After reviewing all the discovery and evidence in the case and aggressively investigating the facts, Mr. Martin was able to work out a plea bargain with the prosecutor, for AL. The aggravated criminal sexual contact charge was amended to a third-degree, aggravated assault (N.J.S.A. 2C:12-1(b)(7) and AL pled guilty to a disorderly persons offense of providing alcohol to a minor.
All the remaining charges were dismissed. The plea agreement saved AL from Megan’s Law notification and only called for up to 270 days in the county jail. At sentencing, Mr. Martin argued zealously for probation and no jail due to AL’s minimal record and the fact that alcohol was a contributing factor in the crime. The Judge sentenced AL to probation only; thus precluding AL from having to serve any more time for this offense.
Superior Court of New Jersey – Criminal Division-Monmouth County
A Monmouth County man (JC) and five other individuals were charged first degree armed robbery and aggravated assault. JC was charged with and indicted for:
1) Armed Robbery, (N.J.S.A. 2C:15-1), a first-degree crime punishable by up to twenty (20) years in State Prison;
2) Possession of Weapon for an Unlawful Purpose, (N.J.S.A. 2C:39-4) a second-degree crime punishable by up to ten (10) years in State Prison;
3) Unlawful Possession of a Weapon, (N.J.S.A. 2C:39-5), a third-degree crime punishable by up to five (5) years in State Prison;
4) Aggravated Assault with a Deadly Weapon, (N.J.S.A. 2C:12-1(b)(9), a third-degree crime punishable by up to five (5) years in State Prison; and
5) Aggravated Assault with a Firearm, (N.J.S.A.2C:12-1(b)(4), a fourth-degree crime punishable by up to a year and one half (18 months) in State Prison.
The State initially offered (JC) ten (10) years State Prison time, with a mandatory requirement that (JC) serves 85% of the sentence under the No Early Release Act (NERA), if (JC) pled guilty to first degree armed robbery. (JC) rejected this offer and signed a trial memorandum. Defendant, as set out in the trial memorandum, potentially faced forty-one and a half (41 1/2) years, if convicted on all counts, and the Court ran each sentence consecutively.
After opening statements by the State, co-defendants counsel and Mr. Martin and the testimony of just one of the State’s witnesses, Mr. Martin was able to negotiate a plea bargain with the State where (JC) would plead guilty to only a third-degree theft (2C:20-2) and receive non-custodial probation. Thereby saving (JC) from any prison time. As part of the agreement, Mr. Martin was also able to dispose of three (3) other open indictable matters that (JC) had pending; without subjecting (JC) to any additional probation time.
These results listed below were obtained for clients based upon extremely fact-specific cases. These results are not intended to create any false or misleading conclusions. These results do not guarantee results in cases with similar facts, nor should this communication be relied upon to suggest that your potential claim will result in an outcome that is similar in nature. Nothing in this web site is intended to provide you with specific legal advice. If you have a specific legal problem, we urge you to promptly discuss the case with a qualified lawyer. We can be reached at (732) 687-6302 or (732) 431-2224.
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