New Jersey Criminal Defense Attorney Blog

Pine Beach Municipal Court

Address: 599 Pennsylvania Ave.
P O Box 425
Pine Beach, NJ 08741

Phone: (732) 349-6453
Fax: (732) 240-0533

Court sessions are held the first Wednesday of every month at 3:00 p.m. The judge in Pine Beach is the Hon. Philip M. Miller. The court administrator is Charlene Carney. The court accepts cash, credit cards and personal checks. Pine Beach is a relatively low-volume court. Pine Beach Police make some DWI and criminal arrests. Low amount of traffic and speeding tickets are issues in Pine Beach. Some disorderly persons offenses complaints filed as well.

Pine Beach was the vision of Robert M. Horter. In 1908, Horter was on vacation in Riverbank, NJ at the Windward Yacht club. Horter had a dream of waterfront cottages for the location and soon learned thatThe price was $10,000. He jumped on that deal.

Pine Beach was originally a section of Berkeley Township for 15 years but after a referendum, Pine Beach voted to become a Borough.

Lacey Township Municipal Court

Address: 818 Lacey Rd
Forked River, NJ 08731

Phone: (609) 693-1100

Fax: (609) 693-6749

The Judge in Lacey Court is the Hon. Damien Murray, J.M.C. The prosecutor is Steven Zabarsky, Esq. The Court Administrator is Laurie Farnkopf. Lacey Court is located in Forked River Twp., which is in central Ocean County. Lacey Police issue a fair amount of traffic and speeding tickets, and make some DWI, drug and criminal arrests as well. The Garden State Parkway, which is patrolled by the New Jersey State Police, also runs through Lacey.

Point Pleasant Beach Municipal Court

Address: 2233 BRIDGE AVENUE
POINT PLEASANT, N.J. 08742

Phone: (732) 899-1636
Fax: FAX: (732) 899-2655
Email: michelle.sargent1@judiciary.state.nj.us

Keep in mind that there are two courts in "Point Pleasant, NJ." "Point Beach" and Point Borough." The judge in Point Pleasant Beach court is the Hon. James Ligouri, J.M.C. The court administrator is Michelle Sargent. The prosecutors are Steven Zabarsky, Colleen Dolcy, Paul Granick and John P. Reilly. The public defenders are Bianca Sangiovanni and Kevin B. Legriede.

Quiet in the winter, Point Pleasant Beach is packed in the summer months. A lot of DWI and criminal arrests are made in Point Pleasant beach in June, July and August. Some speeding and traffic tickets as well. Call to speak with an experienced defense lawyer if you are facing a Point Pleasant DWI or drug arrest.

Point Pleasant Beach boasts a lively downtown business district. The district has hosting shops and historical sights. The town also hosts an annual Seafood Festival every September. The Boardwalk is a lot of fun, with an aquarium, games, rides and bars and restaurants. Firework shows go off every Thursday in the summer.

Ship Bottom Municipal Court

Address: Ship Bottom Municipal Court
1621 Long Beach Boulevard
Ship Bottom, NJ 08008

Phone: (609) 494-2171

The judge in Ship Bottom Court is the Hon. Paul Carr, J.M.C. The prosecutor is Steven Zabarky, Esq. Very quiet in the winter months. Town comes to life again in the summer due to its proximity to Long Beach Island. Some minor criminal arrests, DWI and traffic tickets issued in Ship Bottom.

If you have been arrested or charged with a crime, disorderly persons offense or traffic ticket in Freehold Township, call now for a free consultation in regard to your rights and possible defenses. Freehold Township police are very active, issuing a large amount of traffic tickets and criminal complaints.

Directions to Freehold Twp Municipal Court:

Take Route 9 north or south to Schank Road. Take Schank Road to intersection with Stillwells Corner Road. Court will be on your left.

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State v. Glenn Miller, unpublished opinion, App. Div. Docket No. A-0649-09T4 (December 30, 2010) - Convictions reversed. "The jury acquitted defendant of the possession charge contained in the indictment. However, over defendant's objection, the court instructed the jury that if it found defendant not guilty of possession, it could consider as a lesser-included offense the crime of 'conspiracy' to possess the heroin. In actuality, the charge given to the jury was for vicarious liability for Bibby's conduct on the theory that defendant was engaged in a conspiracy with Bibby, under N.J.S.A. 2C:2-6b(4). The court did not charge the substantive crime of conspiracy under N.J.S.A. 2C:5-2. The jury found defendant guilty of 'conspiracy.'... This case was prosecuted against defendant on a very simple basis. He was found in actual possession of a substance which the State believed was heroin. If the State could convince the jury beyond a reasonable doubt that S-1 was heroin, that defendant possessed it, and that he did so knowingly or purposely, it would have proved its case. However, when it realized that its trial proofs were questionable as to whether S-1 was indeed heroin, the State attempted to rescue its case by shifting gears and proposing a conspiracy theory. The prosecutor expressly agreed with the judge that the vicarious liability charge was the one she requested. In the circumstances of this case, where the State separated the evidence applicable to Bibby (S-6) and that applicable to defendant (S-1), the vicarious liability charge, had it been correctly stated, would have been self-evidently impossible to satisfy. In the manner the charge was given, it misstated the law of vicarious liability in the context of this case. Accordingly, defendant's conviction must be reversed."

South Toms River Municipal Court

Address: South Toms Municipal Court
144 Mill St
South Toms River, NJ 08757

Phone: (732) 349-1141

South Toms River is a small town in central Ocean County New Jersey. Few DWI and criminal / drug arrests are made in South Toms River.

Directions to South Toms River Court:

From the South

Take GSP South to exit 80. Follow signs for Rt.9/Beachwood. Turn left at first traffic light onto S. Main Street, then take first right onto Mill St. The Court is on the right.

From the North

Take GSP North to exit 81. Merge onto Water St. Proceed to Irons St. and turn right. Take left onto Herflicker Blvd. Make right at first traffic light onto South Main St. Take a left onto Mill St. and the court will be on the left.

State v. Stack Williams, unpublished opinion, App. Div. Docket No. A-3648-07T4 (December 17, 2010) - Convictions reversed.

Continue reading "NJ Robbery and CarJacking Convictions Reversed on Appeal " »

Tinton Falls Police issues tons of traffic tickets and complaints for criminal offenses and disorderly persons charges. If you have been charged with a traffic violation, DWI or criminal charge, call now for a free consultation.

Directions:

From the GSP, use exit 105 to merge onto Rt-36 E towards Rt-35. Exit onto Hope Rd
Make a left at County Rd 537 W/Tinton Ave. Take the 2nd left onto Municipal Dr

From Route 18, take exit 15A for Wayside Rd N. After merging on Wayside Rd., Turn right at Cecom Dr and Continue onto County Rd 537 E/Tinton Ave. Municipal Drive will be on your right.

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Stafford Twp Municipal Court

Address: 260 E Bay Avenue
Manahawkin, NJ 08050

Phone: (609) 597-1000
Fax: (609) 242-8253.

Court sessions are held on Fridays at 9:00am and 1:30pm.

The judge in Stafford Township Court is The Hon. Damien Murray, J.M.C. The Prosecutor is Steven Zabarsky, Esq. A lot of minor criminal and DWI summons are issued in Stafford, along with traffic and speeding tickets.

Stafford is located in Ocean County, New Jersey. The most common route to Long Beach Island runs through Stafford Township. This leads to a lot of Stafford traffic tickets, drug arrests and DUI charges during the months of June, July and August. John McMenamin is the mayor. The town council is comprised of Kathleen Corbett, William Fessler, Robert Kusznikow, Stan Rutowski, Joanne Sitek, and John Spodofora.

In this recent appeal victory, the NJ Appellate Division discusses the factors courts consider when a a defendant wishes to withdraw a guilty plea in an NJ Criminal defense case.

State v. Matthew E. Pappas, unpublished opinion, App. Div. Docket No. A-5989-08T1 (December 17, 2010) - Denial of motion to withdraw guilty plea reversed.

Continue reading "NJ Appellate Court Applies test for Withdrawal of Guilty Plea in Criminal Case" »

Surf City Municipal Court

Address: 813 Long Beach Boulevard
Surf City, NJ 08008

Phone: (609) 494-3984

Surf City Court is a small borough on Long Beach Island. The town is located about 5 miles from the main part of the State. Surf City comprises a barrier island that was discovery by Captain Cornelius Jacobsen Mey in the early 17th century.
Tides in Surf City are notoriously rough. The town boasts some nice beaches, quaint shops and restaurants. Some DWI and drug arrests are made in the summer in Surf City.

State v. R.F., unpublished opinion, App. Div. Docket No. A-4969-09T4 (December 15, 2010) - Order denying State's request to amend the indictment affirmed. "[T]he State moved to amend the indictment to include an additional count of first-degree aggravated sexual assault that it claimed had been 'true billed' by the grand jury but omitted from the filed indictment due to 'an administrative error.'... In this case, the change requested by the State goes beyond an ordinary 'amendment of form.' Courts have permitted the State to make such modifications only where minor and non-prejudicial to the defendant.... Here, however, the requested amendment neither adds a lesser included offense nor 'correct[s] an error in form or the description of the crime intended to be charged.' R. 3:7-4. Instead, the State seeks to add a separate count that was omitted from the indictment. The reasons for this omission are immaterial because the indictment itself, rather than a grand jury transcript, is the operative document to put defendant on notice of the charges against him.... In view of the foregoing, we conclude that the proposed amendment is one of substance rather than form."

Tuckerton Borough Municipal Court

Address: 140 E Main St
Tuckerton, NJ 08087

Phone: (609) 296-2036

Court sessions are held on Tuesday mornings. The following officers of the court preside in Tuckerton Court. A good amount of speeding and other traffic tickets, including DWI and minor criminal summons are issued in Tuckerton. While Tuckerton maintains its own political structure, it is located within the borders of Little Egg Harbor Township. Approximately 1,000 families call the borough home.

Judge James A. Liguori, JMC
Patricia Mathis Certified Court Administrator
Linda Inman, Court Recorder
Brian Rumpf, Chief Public Defender
Stewart D. Snyder, Public Defender
Steven Zabarsky-Municipal Prosecutors
Alternate Prosecutors:Colleen Dolcy,Paul Granick, Christian E. Schlegal, Scott Kineavy, Laura Benson

State v. Davinder S. Manani, unpublished opinion, App. Div. Docket No. A-6047-08T4 (December 23, 2010) - Conviction for possession of CDS reversed. "Contrary to the statutory requirements of N.J.S.A. 2C:35-19c, the State produced on the first day of trial a ... laboratory certificate that confirmed marijuana was found in defendant's car. As a result, defendant was denied his opportunity to cross-examine the technician who prepared the report.... N.J.S.A. 2C:35-19c allows a defendant to invoke his right to confront a lab technician when the 'composition, quality, or quantity of the substance submitted to the laboratory for analysis will be contested at trial.'... Confrontation Clause problem[s] may be avoided only by the utilization of a statute that authorizes a pretrial determination regarding the use of a laboratory certificate. An expansive view -- or disregard - of the statute's time frame generates the very problems the statute otherwise avoids. The time limitations in N.J.S.A. 2C:35-19c 'shall not be relaxed except upon a showing of good cause.' From the record on appeal, we discern no basis to relax the time limitations contained within the statute."

State v. Donny Reevey, ? N.J. Super. ?, 2010 N.J. Super. LEXIS ? (December 13, 2010) - Denial of PCR affirmed.

State v. Douglas Philpot, unpublished opinion, App. Div. Docket No. A-1514-09T4 (December 28, 2010) - Convictions reversed, acquittals ordered.

Continue reading "NJ Defendant Wins Marijuana Possession Case on Appeal" »

In this recent NJ criminal defense appeal, the defendant successfully argued that if there is no contact with a victim in a sex offense, there cannot be liability for more than a NJ disorderly persons offense.

State v. J.L., ? N.J. Super. ?, 2010 N.J. Super. LEXIS 239 (December 17, 2010) - Dismissal of indictment for criminal sexual contact affirmed.

Continue reading "No Sexual Contact Means Defendant Cannot be Prosecuted for NJ Felony " »

In this recent NJ criminal defense appeal, the Appellate Division affirmed the trial court's suppression of the defendant's statement given to out-of-state investigators.

State v. Carty, III, unpublished opinion, App. Div. Docket No. A-3117-09T4 (December 23, 2010) - Suppression of statements given during police interrogation in West Virginia affirmed.

Continue reading "Court Throws Out "Out-of-State" Confession on Appeal" »

Wall Police along with New Jersey State Police issue tons of speeding and tailgating tickets. Plenty of DWI and criminal arrests for marijuana possession and other disorderly persons offenses are also issued in Wall Township. Call now to speak with a defense attorney who knows the Wall Township Court.

Directions: Take GSP exit 98 to Rt 34 South. Take jug handle left turn onto Allaire Road at circle. Follow until first intersection, court will be on your left.

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Old Bridge Police make a substantial amount of arrests for drug possession, assault, and other criminal complaints. A good deal of DWI arrests are also made in Old Bridge. Traffic tickets, which are not criminal matters in New Jersey, are certainly doled out heavily in Old Bridge as well. My office appears in the Old Bridge Municipal Court on a regular basis to defend defendants against all of these charges.

I represent both adults and juveniles who are charged with criminal offenses, traffic tickets, and DWI in Old Bridge. Old Bridge is a suburban town in southern Middlesex County. The town is bordered by Marlboro, which is in Monmouth County. The town is also surrounded by East Brunswick, Sayreville, Monroe Twp, and Matawan.

The Old Bridge Municipal Court has jurisdiction over disorderly persons charges, Old Bridge DUI, and traffic tickets. Old Bridge Police give out a ton of traffic tickets. All Old Bridge juvenile charges are sent to the Middlesex County Family Court. They will be prosecuted by the Middlesex County Prosecutor's Office.

My office also handles Old Bridge expungements and Old Bridge appeals. Both of these processes are highly technical. You should absolutely consult with an attorney before undertaking either.

If you have already been convicted of a traffic ticket, DWI, or criminal offense in Old Bridge, you have only 20 days to file a notice of appeal. You must also order transcripts of the hearing. It is wise to write a legal brief and submit a proposed order to the judge as well. You will be given a hearing date in the Superior Court, where you can argue your case to a Law Division Judge.

If you have already eclipsed the 20 day period, another form of appeal may be possible. This is known as a petition for post-conviction relief ("PCR"). A PCR must be filed in 5 years unless good cause is shown. If an appeal or PCR is not appropriate given your case, an expungement may be able to clean up your record.

If you are arrested or charged with a criminal offense, DWI or traffic ticket in Old Bridge Township, you will be scheduled for a first appearance in the Old Bridge Court before Judge James Webber, J.M.C. The prosecutor in Old Bridge is Lane Miller, Esq. The first appearance, while not a pleasant experience, actually does exist for your benefit. The purpose of the first appearance, or "arraignment," is so that you understand the charges against you, the penalties that you face, and what your rights are.

At your arraignment, the judge will read the complaint to you in open court, advise you of the possible consequences of those charges, advise you that you have the right to remain silent, the right to an attorney, and a right to a trial. You must then enter a plea of either guilty or not-guilty. If you retain an attorney before the first appearance, your appearance may be waived.

Your next court date will be a status conference where the case can be resolved by plea. If this is not possible, your case will be set for a trial date.

Call now if you have been charged with a criminal offense, DWI or traffic ticket in Old Bridge. Utilizing an experienced criminal defense attorney who is familiar with the court can be the difference between having a criminal record not.

Matter of Expungement petition of D.H., ? N.J. ?, 2010 N.J. LEXIS 1128 (October 27, 2010) - Expungement of record affirmed, expungement of forfeiture of public employment order reversed.

"A public official pled guilty to a disorderly persons offense that directly involved or touched the official's public office. As part of her plea agreement, the public official consented to the entry of a statutorily mandated order of forfeiture of public employment, that is, an order whereby the public official forfeited her public employment and was 'forever disqualified from holding any office or position of honor, trust or profit under this State or any of its administrative or political subdivisions.' N.J.S.A. 2C:51-2(d).

Several years later, the former public official sought relief under New Jersey's expungement statute, N.J.S.A. 2C:52-1 to -32.... As part of that application, the former public official also sought to avoid the effect of the mandatory order of forfeiture of public employment, asserting that, along with her disorderly persons offense conviction, the order of forfeiture of public employment likewise should be expunged.

Both the trial court and the Appellate Division concluded that, in the context of a disorderly persons offense, the expungement statute must be read broadly enough to include and also expunge the order of forfeiture of public employment.... We disagree. Our primary task is to harmonize the provisions of the forfeiture of public employment statute ... with those of the expungement statute....

[W]e conclude that the provisions of the expungement statute are not intended to override -- that is, expunge -- a properly entered order of forfeiture of public employment. Stated differently, we conclude that, in the context of an expungement application and in order to give full expression to the Legislature's will, a mandatory order of permanent forfeiture of public employment must be severed from -- and preserved from the expungement of -- the conviction that originally triggered the order of forfeiture."

Marlboro Township Police issue a substantial amount of DWI and criminal summons. A good amount of traffic tickets, especially for improper passing, speeding and passing a school bus are also heard in the Marlboro Municipal Court.

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