Archive for the ‘Criminal Defense News’ Category

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.

New Jersey Drug Possession Laws

You’ve just been arrested for possession of marijuana. Now what? It seems as though the police have a good case against suspects, after all, they were found with drugs in their possession, right? Wrong. Prosecuting drug possession cases in New Jersey is not as cut and dry as one may think. Any NJ resident who has been arrested or charged with possession of marijuana, cocaine, heroin, or another illegal drug, must talk to an attorney immediately in order to achieve the best possible outcome.

It is wrong to assume the prosecution has a strong case in light of the evidence and circumstances. The law offices of John F. Marshall will investigate and probe every angle of drug possession cases to defend all charges.

For more information on drug possession charges in New Jersey, visit the website of criminal defense attorney John Marshall.

New Jersey drug possession laws are complex and severe. For Simple Possession of marijuana (pot), you face the risk of up to 18 months in jail, fines from $500-$15,000, loss of driver’s license and drug Rehabilitation Programs (at your expense). These are likely penalties under NJ law for a first offense drug possession charge. So what can be done?

A suspect’s first chance at successfully defending drug possession charges is to keep quiet and not answer any questions whatsoever for police or anyone else. The next step can make or break a suspect’s case; hire a qualified New Jersey criminal defense attorney. A defense attorney from the Law Offices of John Marshall will vigorously defend key components regarding the circumstances of your case such as:

· Were the drugs used as evidence against you gained through an illegal search and seizure?

· Was there probable cause for a traffic stop or search?

· If you were charged with possession with intent to distribute, the charge may have been based on possession of drug paraphernalia, a large amount of cash, or a scale. There is always the potential to have charges of intent to distribute reduced to simple possession.

· Was the marijuana, cocaine, hash, or heroin really in your possession?

· Were you read your Miranda rights as soon as you were arrested or you did not feel free to leave?

· Were the drugs found on your person when a police officer was patting you down for a weapon?

Answers to these questions may lead to dismissal of charges, a reduction to a lesser charge in a plea bargain, or winning a not-guilty verdict at trial. The attorneys at John Marshall are highly skilled and experienced defense attorneys including former prosecutors who are now on your side. They will negotiate with prosecutors to get the accused the best possible outcome.

Individuals charged or under investigation in 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
.

July and August are peak times for occurrences of criminal offenses. New Jersey residents flocking to the Jersey Shore for summer fun can find themselves faced with unexpected trouble. John F. Marshall specializes in defending individuals accused of criminal offenses in New Jersey ranging from DUI/DWI to aggravated assault. As a former municipal prosecutor with fifteen years of experience in criminal law, John Marshall has extensive experience in the field of criminal defense.

Click here for Information on aggravated assault laws in New Jersey

Individuals who have been arrested or are under suspicion of a crime in New Jersey are strongly advised to speak with a criminal lawyer before answering any questions for police or prosecutors. Lead attorney John F. Marshall understands what risks a criminal suspect faces, and what strategies are most likely to achieve the best outcome for the accused. Mr. Marshall has over fifteen years of experience in criminal law. The firm handles aggravated assault complaints and indictments statewide, including those filed in Monmouth County, Middlesex County, Union County, Ocean County, Essex County, Somerset County, and Hudson County.

The John F. Marshall criminal defense law firm is comprised of experienced criminal attorneys, including a former New Jersey prosecutor, who are prepared to defend residents throughout all phases of an aggravated assault complaint and resulting New Jersey Aggravated Assault Indictment. Individuals charged or under investigation in 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.

Domestic Violence Charges in New Jersey

Each year, thousands of women and men are killed in the United States by their spouses or partners.Domestic violence is a very serious problem in New Jersey.Just as serious as the actual crime itself, the instances where defendants are falsely accused can have devastating effects on an individual’s life as they can face severe legal consequences.

The office of New Jersey criminal law attorney John Marshall defends suspects accused of domestic violence. Information on the Law Offices of John Marshall is available online at http://www.newjerseycriminallawattorney.com/CM/Custom/TOCPracticeAreaDescriptions.asp

New Jersey has a strict approach to domestic violence. Police are required to arrest a suspect if the accuser—a wife, girlfriend, cohabitant, or any family or household member—shows any sign of injury, and may still arrest the accused even if there is no sign of injury. The initial steps taken after accusation are extremely important.Mr. Marshall says often times, people make the mistake of speaking to police without their accuser or an attorney present. This mistake can have long-lasting and harsh consequences for the accused.A domestic violence complaint can lead to restraining orders, heavy fines, counsel fees, and money damages.

For more information on New Jersey Domestic Violence, visit John Marshall’s criminal defense website.

In response to an accusation of domestic violence or spousal abuse the municipal court will usually issue a restraining order against the accused. If not defended properly, a restraining order can have you removed from your house, refrain from any communication with your accuser and shared children, and Make mortgage or rent payments and pay support, even though you are not able to enter your home. Restraining orders carry strict penalties if violated including immediate jail time.

Domestic violence charges can be withdrawn, and at that point the court may terminate the restraining order. The attorney’s at John Marshall will negotiate with the accuser to get the accused the best possible outcome. Mr. Marshall recommends anyone accused or charged with any type of domestic violence to remain silent. Call his New Jersey law firm toll free 877-450-8301 to arrange a free consultation with a criminal defense attorney before talking to police, the accuser, or the court.