Areas of Practice
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The representation of clients in all aspects of
criminal defense: Drug crimes, sex crimes, murder and
federal crimes including falsification of documents, drug
trafficking, robbery, and gun trafficking.
In New Jersey there are various murder
crimes. Capital murder is for purposely or knowingly causing
death. If it has aggravating circumstances, it can involve
the death penalty. If otherwise the ordinary sentence is 30
years to life. The Legislature is about to put a moratorium
on the death penalty. In New Jersey our Supreme Court has
only upheld 10 death sentences.
There is also felony murder, which is when
one of the participants in a serious felony, such as
robbery, kills someone. There are defenses to this, which
are difficult to prove. It too carries a sentence of 30 to
life for all participants, even if they did not fire the
fatal shot, or were even armed.
The next category is aggravated manslaughter, which requires
the state to prove that the defendant killed the victim
recklessly under circumstances manifesting extreme
indifference to human life. In other states this would be
2nd degree murder. It carries a sentence of 10-30 years to
be served at 85%. Here the judge has a huge amount of
discretion.
Finally there is manslaughter, which is when
a death is caused recklessly, or passion/provocation, which
is a death caused in the heat of passion resulting from a
reasonable provocation. These are second degree crimes,
which carry a term of 5-10 years at 85%.
I recently finished a passion provocation
manslaughter case. My client was indicted for first degree
murder which carries a penalty of 30 to life. He was
observed killing his girlfriend with a large kitchen knife
in the apartment they shared with another family. When we
started I thought murder was the best I could do. As we
investigated it became more apparent that we had a real
chance of proving that his girlfriend came at him with the
knife first, and cut him badly. He then lost it and stabbed
her to death. The issue was whether we could prove that he
did not take the knife from the kitchen, but took it from
her in the bedroom after she came at him with it. It's
remarkable how witnesses changed the story they gave to the
police about what they saw when my investigator and I
interviewed them, and looked at the scene. It's also
remarkable about what a sloppy job the police did. After a
lot of hard work we got the state to offer 18 years at 85%.
Not bad were there is no dispute about who did the murder
and how. My colleagues say that this is a remarkable job.
14. Criminal Appeals. I've now argued before the New Jersey
Supreme Court twice, and the United States Court of Appeals
for the Third Circuit once. I've won two out of three.
Issues that I have on appeal are whether New Jersey can deny
PTI to illegal aliens and whether the breathalyzer is
accurate under .10%.
CLICK HERE TO LEARN ABOUT THE CRIMINAL PROCESS
".... I have represented
clients on appeal before the Federal Second and Third Circuit
Courts of Appeals, the New Jersey Supreme Court and the New
Jersey Appellate Division. I have represented clients before the
Federal Courts in the Southern District of New York, the Eastern
District of New York, the District of New Jersey, and the
Eastern District of Pennsylvania as well as the state trial
courts in New Jersey and New York."
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Sex Offenses
Sex crimes are crimes which require penetration
under various circumstances or physical contact with sexual or
intimate parts of a person. Sex crimes also include lewdness
which is exhibiting sexual parts. And it includes child
pornography which is viewing or creating sexual images of
children. The age of consent is 16 in New Jersey. A child is
anyone under that age. And it does not matter if the defendant
thought the person they were having sex with was over 16, or
even deceived the defendant as to his/her legal age.
Defendants who are charged with sex crimes face a tough battle.
If the victim is a child juries view you as guilty until you
prove yourself innocent. If you are found guilty under Megan’s
law you must register with the police for the rest of your life!
This is true even if you are a juvenile defendant. Your name is
posted on the Internet.
And because most of these crimes are second degree it is very
difficult to get into Pre Trial Intervention. You must undergo a
mandatory examination at the Adult Diagnostic and Treatment
Center at Avenel. If you are found repetitive and compulsive you
must go through two levels of evaluation for parole, rather than
one. ‘Ordinary’ criminals, including murderers face only one
level of evaluation for parole. This means that you will serve
the maximum time in confinement and not receive good time or
work time credit. You also may be civilly committed for an
indefinite period of time after you have served your jail
sentence.
I have been successful in representing a number of persons
accused of sex crimes. Often these crimes occur when a man moves
in with a woman who has a daughter. The daughter may be very
jealous and more than willing to accuse him of a sex crime in
order to force her mother away from him. In this case, where my
client was accused of 1st degree aggravated sexual assault I was
able to get the prosecutor to agree to a petty disorderly
persons offense of harassment. This occurred prior to trial
because of my investigation.
My approach is to get you into sex offender specific treatment
as soon as possible. Then apply for PTI as late as possible, so
that, hopefully, the treating psychologist can say that progress
is being made. This at least gives you the chance of showing
‘compelling circumstances’ to admit you to PTI. It also may
influence a judge to sentence you to lesser time, or perhaps
even avoid jail.
In child pornography cases the question is often whether you
have knowingly provided child pornography to anyone else.
Prosecutors argue that because child pornography is typically
viewed by way of a file sharing program on the internet that
because you viewed it you meant to provide it. Merely sharing is
not enough to be guilty, however. Sometimes these cases can be
dismissed because there was not enough evidence provided to the
grand jury to show that you knowingly provided it to someone
else.
Clearly there are things that can be done to help you win.
Consult with me to learn more.
Fraud,
Embezzlement
These terms, fraud, embezzlement, theft are another way of
saying you are accused of stealing. Stealing can be taking money
from the company which your boss may even authorize for personal
matters. It can be making checks out for cash when they should
not be. And it can be having credit cards in the company name
which you are not authorized to do. It can be turning back auto
odometers.
In state courts prosecutors are generally more concerned with
prosecution of violent, drug and sex crimes more than thefts, so
often restitution is often enough to get you into Pre Trial
Intervention. In Federal court these same crimes are much more
serious because it is often harder to avoid jail time. And the
U.S. Attorney loves to charge everyone with conspiracy, which
makes even the lowest level conspirator potentially liable for
the entire amount stolen, even if he does not know how much is
actually stolen, or did not take part in all of it.
Getting all the facts is necessary to doing a proper defense.
Trying to convince the U.S. Attorney prior to indictment of your
lesser role is often key to avoiding jail. Sometimes it is
enough to avoid a conviction.
Serious Motor Vehicle Violations
Serious motor vehicle violations in the municipal courts are
those that result in a loss of license or jail. These are
driving while suspended, driving without insurance, drunk
driving, and driving with drugs in the motor vehicle as well as
possession of drugs.
Driving while suspended depends on why you are suspended, and
whether you were properly notified of the reasons for the
suspension. Typical reasons include failure to pay surcharges,
fines, or driving while your license is suspended for drunk
driving or no insurance. Failure to pay fines or surcharges can
often be dealt with by paying the fine or surcharge. Sometimes
drunk driving convictions, or other convictions, can be opened
by bringing a post conviction relief proceeding. But the
penalties can be severe, such as 10 days to 90 days jail and 1-2
years additional loss of license for driving while your license
is suspended for drunk driving. In other words, you need an
experienced lawyer.
There are more serious motor vehicle violations which can
result in a state prison term. These are crimes (felonies) in
New Jersey. They are death by auto, assault by auto eluding and
leaving the scene of an accident knowing there was a death
involved.
Death by auto is a death caused by driving recklessly.
Usually this means driving while drunk in which there is an
accident and someone is killed. It can also mean driving without
sleep for 24 hours and having an accident in which someone is
killed. I have defended persons accused of this. Often expert
testimony is necessary. I was able to show in one case that
because of brake lock-up-the failure of the antilock brakes-a
passenger was killed, not through the drunkenness of the driver.
This person received a vastly reduced sentence.
Assault by auto is driving recklessly and someone is injured.
Eluding is trying to escape from the police before they can
arrest you. If there is a threat of bodily injury to anyone this
can send you to prison for 10 years. Often this happens in drunk
driving cases.
All of these cases require that you have experienced counsel.
This specialized area of criminal defense
in New Jersey is tried without a jury before a municipal court.
DWI in New Jersey involves both alcohol and drugs, typically
marijuana.
New Jersey law has a driving while intoxicated due to drugs
section, and came up with Drug Recognition Experts. These are
cops that attend 3 courses given by the state police, where they
are taught to recognize the effects of various drugs on a
person, and to quantify that recognition enough be be able to
say that a person is under the influence of those drugs . These
"Experts" are supposedly certified by the National Association
of Chiefs of Police, which have specific criteria for training
and certification; and while the state police train them, these
"DRE"'s have never met the criteria of the certifying
organization, the National Association of Chiefs of Police.
Further, they are not able to rule out ordinarily medical
conditions such as allergies that may have possible effects.
Finally, there is always the question of whether, because you
may still show some effects of, say, marijuana, you are under
the influence. Scientific literature is not in agreement on this
point. For this kind of case you need an attorney skilled in
this area, such as myself. If you are convicted of being under
the influence of drugs you lose your license for seven months
for a first offense, and suffer the other consequences of a DWI.
These cases are possible to beat, with a lot of hard work.
CLICK HERE TO
LEARN DWI - THE PROCESS
"..... My philosophy is to try and win on motions before
there is a trial, as this saves both time and money for you. I
have a network of Breathalyzer and medical experts to assist me
and have taken these cases to trial. The most recent case I tried
was in
in Sound Brook Municipal Court, and it is a case I won."
Undocumented Aliens and Crime
Even minor drug offenses may cause your client
to be deported. These cases can be defended. It is better if I
am involved before trial. Even after trial sometimes a guilty
verdict can be reversed, on appeal or on post conviction relief.
Drug Possession &
Distribution
New Jersey punishes possession of drugs with intent to
distribute in a school zone very harshly. Even if you are a
first offender it is mandatory that you go to prison if found
guilty. Those cases often involve undercover police. So if
someone in a bar asks you to get them some ecstasy, and you get
it for them, and the bar is within 1000' of a elementary school
or secondary school, you go to prison. Even if it's after school
hours. Even if no kids are present. And even if you don't know
that you are within 1000' of a school. Sometimes entrapment is a
good defense, especially where the cop encouraged the
transaction.
In New Jersey, even if
you are found not guilty you still have an arrest
record. A formal motion must be made to have these records expunged, or
taken out of general access. Expungements can be done for convictions
for disorderly persons offenses (misdemeanors) and certain
crimes (felonies). Those who work in the securities industry, or
have to be bonded or have a background check, must consider
this.
Representation of Automobile, Construction and
Industrial accident Personal Injury cases requires a dedicated
and experienced attorney. I have successfully represented injured clients in
these areas. I recovered $225,000
for a client who was injured from the ceiling collapse at the
Journal Square Path station.
Representation of clients being investigated by
state agencies for violations of licensing regulation and
improper conduct.
".... I have represented clients before the New York State Education Department
and have represented Federal employees in arbitration and before the
Merit Systems Protection bard."
Representation of clients for buying and/or
selling of their homes and the re-financing of their
current mortgages,
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