Archive for November, 2008

In a recent Ocean County Superior Court case, a gentleman was charged with Third Degree Possession with Intent to Distribute in a School Zone. He was looking at a mandatory parole ineligibility of 1 year and was not eligible for Pretrial Intervention.

We were able to avoided incarceration and allow the client to get the conviction expunged in the future. By having the case downgraded to a Fourth Degree Marijuana Possession, the client was placed within an exception to non-expungability of a distribution conviction. As a young offender whose conviction was for Fourth Degree Marijuana Distribution, he can get the conviction expunged in the future.

We obvious have occasion to achieve all kinds of favorable results on behalf of our clients. The typical marijuana case does not involve the facts involved in the cases outlined previously in this release, however, the cases have been provided to demonstrate the full extent of the knowledge, experience and track record of our criminal defense lawyers. Our attorneys are here to assist you and we encourage you to contact the Law Offices of Jonathan F. Marshall, toll-free at 877-450-8301.

If you would like to obtain additional information regarding marijuana possession and distribution, you may consult our criminal defense website.

Another significant Marijuana Possession result was just reached by Todd Palumbo in Union County Superior Court. Our client was in Possession of approximately four pounds of marijuana in his motor vehicle.

Possession was also with Intent to Distribute in a School Zone thereby involving 3 years of Parole Ineligibility and it was not our client’s first marijuana charge as he already had a conviction. The initial plea offer was 5 years and the client would never see the streets of the United States if he received a day of incarceration (i.e. he would be placed on immigration hold and immediately get deported after serving any jail term as he was not a citizen) or was convicted of distribution (i.e. this is an aggravated felony mandating deportation under Federal Law).

After pressing the issues concerning whether the motor vehicle search was proper and some other legal arguments, we were able to avoid jail altogether and enter a plea to simple possession of marijuana (no distribution). The conviction shall be subject to expungement as it did not involve distribution, the client was not required to serve any jail, did not have to resort to drug court and, most importantly, probably avoided deportation.

Needless to say, the gentlemen and his family we extremely pleased as his life and 20 plus years of residence in this country were not thrown away.

We obvious have occasion to achieve all kinds of favorable results on behalf of our clients. The typical marijuana case does not involve the facts involved in the cases outlined previously in this release, however, the cases have been provided to demonstrate the full extent of the knowledge, experience and track record of our criminal defense lawyers. Our attorneys are here to assist you and we encourage you to contact the Law Offices of Jonathan F. Marshall, toll-free at 877-450-8301.

If you would like to obtain additional information regarding marijuana possession and distribution, you may consult our criminal defense website .

John F. Marshall and Colin Bonus recently resolved a Monmouth County Superior Court marijuana case involving a student at a prominent NJ university. The young man was in possession of in excess of 5 pounds of marijuana in a school zone and there were no co-defendants (i.e. other individuals involved in the case). He was looking at a Second Degree Marijuana Possession Charge involving 5-10 years of jail and a mandatory parole ineligibility of 3 years (i.e. time which had to be served before he would be eligible for parole).

We were elated to resolve the case, after much effort, under terms where he not only avoided jail but a criminal record altogether. Despite the fact that he was ineligible for Pretrial Interventionm given the severity of his offense (e.g. Second Degree Ineligible for Pretrial Intervention, Mandatory Jail, etc.), we were able to get the man into Pretrial Intervention through our efforts. Provided he completes one year of Pretrial Intervention without incident, he will avoid a criminal record. This result was obviously a far cry from a Second Degree Possession with Intent to Distribute and a 3 Year term of Parole Ineligibility.

We obvious have occasion to achieve all kinds of favorable results on behalf of our clients. The typical marijuana case does not involve the facts involved in the cases outlined previously in this release, however, the cases have been provided to demonstrate the full extent of the knowledge, experience and track record of our criminal defense lawyers. Our attorneys are here to assist you and we encourage you to contact the Law Offices of Jonathan F. Marshall, toll-free at 877-450-8301.

If you would like to obtain additional information regarding marijuana possession and distribution, you may consult our Criminal Defense website.

Prescription Drug Charges under New Jersey Law

Six million Americans are abusing prescription drugs; that’s more than the number of Americans abusing cocaine, heroin, hallucinogenics, and inhalants combined (source: Drug Enforcement Agency). Illegal use of prescription drugs is a problem which is becoming more and more common. Prescription drug theft, forgery and fraud is a growing epidemic that does not limit itself to the poor or streets.

The addictive nature of painkillers, opiates and psychotropic medication has spread like wild fire through upscale communities and has even devastated the nation’s most elite Hollywood celebrities. Legitimate use of prescription drugs can wreak havoc on seemingly innocent individuals.

Pharmaceuticals are considered Controlled Dangerous Substances (CDS) under New Jersey Law and may only be possessed or distributed as dictated by law. An arrest could be made if an individual even transports legal prescription pills outside of the original bottle. The individual may be charged or indicted for a criminal offense if he or she cannot prove that the prescription was rightfully and legally prescribed to them. An arrest and conviction for illegal possession, distribution or fraudulent use of prescription drugs involves significant penalties including jail time and fines of up to $300,000.

The attorneys of John F. Marshall understand these complex laws and routinely formulate strategies which successfully achieve the best possible outcome. These are serious and potentially life-changing charges that require careful planning and skillfully executed defense strategies. Our defense lawyers have the kno- how to handle these cases and would be happy to put their skill to work for you. In fact, within the last sixty days, the attorneys at the Law Offices have gone so far as to have two separate prescription forgery cases remanded to municipal court, despite the fact that the related charge was actually a third degree indictable offense. The criminal defense attorneys of John F Marshall were actually able to obtain a dismissal of one of the cases despite the fact that the client provided a full confession.

Individuals arrested or under suspicion for prescription fraud, forgery and theft can find additional information by visiting http://www.newjerseycriminallawattorney.com/

The Law Offices of John F. Marshall not only represent and defend individuals charged with prescription drug offenses; the criminal law team also handles cases for medical professionals, including nurses. New Jersey has the highest concentration of pharmaceutical and chemical firms in the country. Doctor shopping, prescription forgery, and organized script rings remain the prevalent source of diverted legitimate pharmaceutical drugs in the New Jersey Division. In many instances doctors and medical professionals can find themselves faced with unwarranted charges of prescription fraud or forgery. The attorneys at John F. Marshall are experienced in defending these allegations to the fullest extent.

Information on New Jersey laws regarding prescription fraud, prescription forgery and Prescription Drug Possession/Prescription Drug Distribution is available on John Marshall’s criminal law website.

Anyone facing charges of illegal possession of prescription drugs should immediately consult with an experienced criminal defense lawyer. The Law Offices of John F. Marshall are available for free consultations to anyone facing charges related to prescription drug offenses. Mr. Marshall advises anyone who has been arrested for any crime to exercise their right to remain silent and not speak with anyone until they have spoken with a criminal defense attorney. The first immediate hours after an arrest are crucial in crafting a successful defense.

New Jersey law treats juvenile crime very seriously as a fundamental consideration is to address the cause before it results in a much bigger issue. While the welfare of a juvenile offender is a prime consideration in the juvenile justice system, penalties that include incarceration in a Juvenile Detention Center are common. Some may argue that this ‘scared straight’ approach inhibits youth offenders from future criminal activity.

The best possible outcome for a juvenile offender is resolution that involves nothing more than restitution, community service, supervision (e.g. mentoring), probation, or another rehabilitative measure. However, if these options are insufficient to address the cause, confinement is the next step. A criminal defense attorney experienced in handling juvenile cases can often provide the best opportunity to avoid the escalation of a juvenile case to this level.

The frightening reality is that thousands of young people are locked up every year in the nation’s 591 juvenile detention centers. And make no mistake, juvenile detention centers expose juvenile offenders to many of the environmental characteristics encountered in adult jails. Negative attitudes, poor outlook, violence, anger and dysfunctional habits are commonplace. We have to ask ourselves then, when do we draw the line between the interests of the youth and exposure of the offender to an environment that can potentially scar him for the rest of his life? The attorneys at the Law Offices of John F. Marshall believe that confinement of a youth in a detention center is the absolute last resort as it frequently interferes with recovery and psychological rehabilitation.

We can’t stress enough the importance of hiring an experienced and well-qualified juvenile defense attorney as early as possible in a juvenile case. It is critically important that a lawyer knowledgeable in juvenile law be enlisted. The attorneys at the Law Offices of John F. Marshall possess this expertise and work diligently to achieve the best possible outcome for families of children facing juvenile charges. Favorable results are the norm and extreme outcomes for clients including, for example, recently obtaining probation (i.e. no incarceration) in an armed robbery case, are not uncommon.

Click here for more information on the criminal defense services of John F Marshall

The Law Offices of John F. Marshall is a criminal defense law firm comprised of experienced criminal attorneys, including a former New Jersey prosecutor, who are prepared to defend families throughout all phases of a juvenile case. Families of individuals charged or under investigation in New Jersey, including Middlesex County, Union County, Monmouth County, Ocean County, Somerset County, Hudson County, or Essex County seeking advice or information from a criminal defense attorney can call 877-450-8301 or e-mail the office to arrange a free consultation.