DYFS v. K.E., et. als., Essex County Family Court
Court requires minor to testify in court in DYFS fact-finding hearing subject to cross-examination.
Usually, statements made by minors, alleging abuse and neglect against parents, are admissible through their statements to DYFS workers. However in this case, Matthew Sumner of Maynard and Sumner, LLC (and his co-counsel) convinced the Court because of the age and maturity of the minor, along with the minor's varying accounts of the alleged events of abuse and neglect, the Court should require the minor to testify in court in the DYFS fact-finding hearing. The Court ruled that, despite the recommendation of the DYFS and Law Guardian's expert who indicated that the minor's fear of retribution was real, the minor's rights would be protected by testifying in a closed court room, outside the presence of the minor's parents.
As a result of the cross-examination of the minor by Mr. Sumner (and co-counsel), the Court found that the minor's version of events were incredible and found that the allegations of abuse and neglect against both parents were unsubstantiated.
State v. A.L., Passaic County Superior Court, Motion to Modify Sentence (PSL)
On behalf of the A.L., attorney James H. Maynard filed a motion of modify the defendant's sentence of Parole Supervision for Life (PSL). The PSL conditions restricted the defendant from living with his children. After filing the motion, providing extensive analysis of the law and expert opinions, and vehement advocating, defense counsel obtained a sentence modification, allowing the defendant to live with children in the home.
In the Matter of J.M. Motion to Terminate Megan's Law Registration, Essex County Superior Court - Granted
State v. M.O., Morris County Superior Court
Charges: Theft by Unlawful Taking (property amounting over $5,000), 2C:20-3A
Exposure: 5 years imprisonment and $15,000 fine
Outcome: Pretrial Intervention / PTI
State v. D.B., Wanaque Municipal Court
Charges: Terroristic threats downgraded to stalking, 2C:33-4c
Harassment, 2C:33-4a
Exposure: 60 days in jail and $1,000 fine
Outcome: Dismissed
State v. D.B., Wanaque Municipal Court (remanded from Passaic County Superior Court)
Charges: Terroristic Threats 2C:12-3
Annoyance: 2C:33-4a
Exposure: 3 years in prison and $15,000 fine
Outcome: Dismissed
State v. C.F., Wanaque Municipal Court
Charges: Possession of CDS under 50 g., 2C:35-10a(4)
Underage possession of alcohol, 2C:33-15
Exposure: 4 months in jail and $2,000 fine
Outcome: Conditional discharge
State v. W.S., Orange Municipal Court
Charges: Possession of CDS (bag with marijuana), 2C:35-10a
Possession of glass pipe, 2C:36-2
Possession of envelopes for heroine, 2C:36-1
Possession of CDS - cocaine, 2C:35-10a(1)
CDS in motor vehicle, 39:4-49.1
Failure to signal turn, 39:4-126
Exposure: Loss of driver's license for 2 years
2 MVC points
4 ½ years in prison
$38,000 fine
Outcome: Convicted of Wandering and failure to use turn signal, $500 fine and no loss of driver's license
In the Matter of E.B., Motion to Terminate Megan's Law Registration, Middlesex County Superior Court
On behalf of the defendant, defense counsel petitioned to terminate Megan's Law registration under N.J.S.A. 2C:7-2f. After extensive preparation and advocating, defendant was granted termination from Megan's Law registration and is no longer classified as a sex offender in the State of New Jersey.
State v. M.T., Sussex County Superior Court
Charges: Possession of a firearm to use against another person, 2C:39-4a
Harassment with the purpose to engage in alarming conduct, 2c:33-4c
Exposure: 10 year imprisonment and $150,000 in fines
Outcome: Pretrial Intervention (PTI), granted as an exception
State v. L.T., Mt. Olive Municipal Court
Charges: Prostitution, 2C:34-1b
Exposure: 6 months jail time and $1,000 in fines
Outcome: Municipal Ordinance, $200 in fines
State v. P.V., Middlesex County Superior Court
Charge: Violation of CSL, Failure to notify parole officer of arrest, 2C:43-6.4d
Exposure: Mandatory 1 year imprisonment and $10,000 in fines
Outcome: 45 days in jail with probation
DYFS
DCF v. N.S., Warren County
This is an Administrative Appeal of a substantiation of child abuse and neglect for inadequate shelter. Although the Division of Children and Families (also known as DYFS) established that the children had been living in a house under renovation with no appliances, broken windows and unfinished floors, DYFS changed their substantiation to unfounded after Matthew Sumner made a Motion to Dismiss on the basis that DYFS failed to show the children had been neglected or abused.
Mr. Sumner argued that substandard, dirty and inadequate sleeping conditions are unfortunate incidents of poverty, but they do not, by themselves, establish child abuse or neglect. Mr. Sumner cited a previous decision that stated "Adoption of such facts as a basis for a finding of child neglect or abuse might result in mass transfers of children from ghettos and disadvantaged areas into more luxurious living accommodations but with resultant destruction of the natural parental bond [which] clearly was not the design of the statute nor the intent of the Legislature." Doe v. G.D., 146 N.J. Super . 419, 431 (App.Div.1976), aff'd, 74 N.J. 196 (1977)
Custody and Child Removal
ET v. MM, Morris County
The father took the parties' 3 children from Texas to reside with his father and step-mother in New Jersey without the children's mother's knowledge, consent or Court Order. Three months later, the mother eventually raised enough money to come to New Jersey and fight her ex-boyfriend for custody. She retained Maynard & Sumner, LLC to represent her in the custody dispute.
After a hearing wherein both parties testified, the Court awarded physical custody of the children to the mother after Mr. Sumner argued that even though Texas may not have had a similar law, by the father filing for custody and submitting to the jurisdiction of New Jersey, it was against New Jersey State Law to remove children without the other's parent's consent or Court Order. Mr. Sumner also urged, and the Court found that it was in the children's best interest to reside with his client and her grandfather in New Jersey (the mother being from New Jersey), rather than their father, who was from Texas.
State v. P.W., Morris County
Charge: Aggravated Assault, 2C:12-1b(1)
Exposure: 10 years imprisonment and $150,000 in fines
Outcome: Pled guilty to Simple Assault (a disorderly persons offense) and received 1 year probation
State v. A.M.S., Passaic County
Charges: Vehicular homicide, 2C:11-5a
Assault by auto, two counts, 2C:12-1c
Underage DWI, 39:4-50
Exposure: 20 years imprisonment
Lifetime suspension of driver's license
$180,000 in fines
Outcome: Pretrial Intervention / PTI
State v. H.M., Morris County
Charges: Robbery, 2C:15-1
Aggravated assault, 2C:12-1
Conspiracy to commit robbery, 2C:5-2
Tampering with a witness, 2C:28-5
VOP (Violation of Probation)
Exposure: 30 years imprisonment and $330,000 in fines
Outcome: 5 years probation
State v. N.K., Morris County Superior Court
Charges: Theft by deception, 2C:20-4a
Insurance Fraud, 2C:21-4.6a
Impersonation, 2C:21-17a(1)
Theft of Services, 2C:20-8a
Exposure: $60,000 in fines and 20 years imprisonment
Outcome: Pre-Trail Intervention / PTI
State v. A.S., Essex County Remand Court
Charge: Simple Assault, 2C:12-34
Exposure: 6 months jail-time and $1,000 in fines
Outcome: Dismissed
State v. D.W., Lincoln Park Municipal Court
Charge: Possession of CDS under 50 g. - Marijuana, 2C:35-10a(4)
Exposure: 6 months jail-time and $1,000 in fines
Outcome: Loitering (received $200 in fines)
State v. M.H., Bernards Twp. Municipal Court
Charges: DWI (2nd Offense), 39:4-50
Careless Driving, 39:4-97
Failure to Maintain Lane, 39:4-88
Exposure: Mandatory imprisonment for 90 days
$1700 in fines and surcharges
2 years driver's license suspension
30 days community service
Participation in a supervisory treatment program
Mandatory installation of an ignition interlock device for 3 years post-restoration of driver's license
IDRC screening and participation
13 DMV points
Outcome: DWI dismissed, failure to maintain lane violation dismissed, pled guilty to careless driving
State v. C.B., Morris County Superior Court (remanded to Morris Twp. Municipal Court)
Charges: Possession of Drug Paraphernalia, 2C: 36-2
Possession of CDS - Marijuana, 2C:35-10b
Possession of CDS - Ambien, 2C:35-10.5e(2)
DWI (2nd offense), 39:4-50
Failure to maintain lane, 39:4-88b
Failure to signal, 39:4-126
CDS in motor vehicle,39:4-49.1
Touring privileges, 39:3-17
Careless driving, 39:4-97
Exposure: 3 years imprisonment
$14,500 in fines and surcharges
4 years loss of driving privileges
15 MVC points
48 hours in IDRC
Community service for 30 days
Mandatory installation of an ignition interlock device for 3 years post-restoration of driver's license
Outcome: Pled guilty to a 1st offense DWI, and all other charges dismissed, including third degree felony drug charges
Loss one year NJ driving privileges
Minimal fines, no community service, no jail-time
DYFS Investigation, K., P.-W., Bergen County Superior Court, Family Division
In the matter of P.-W., the defendant was under investigation by the Division of Youth and Family Services for child neglect of her newborn child. The defendant has been substantiated for child neglect in the past. The DYFS regulation is that if an offender is substantiated with regard to one child, it is presumed that siblings and/or afterborn child are also at risk of harm.
When a new child was born, DYFS sought an Order to Investigate, requiring both mother and father to undergo evaluations and treatment. The Court ruled that since the parties were cooperative and there was no evidence of abuse or neglect, they should not be subject to further investigation and therefore dismissed the Order to Show Cause to Investigate.
In the Matter of the Civil Commitment of H.T-G, Avenel
The Megan's Law and CSL registrant retained Maynard & Sumner, LLC to review his Community Supervision for Life conditions and to respond to a Notice of Motion from the State of New Jersey to switch his counseling services and his general conditions regarding his conditional discharge from Avenel. The registrant did not want his CSL conditions to change. The defense petitioned and advocated that a change in the registrant's CSL conditions were unnecessary because the registrant did not pose as a threat to society. The Judge ordered that the counseling services to be moved to the State recommended facility, and declared that all other CSL conditions related to the registrant's conditional discharge were to remain intact.
Megan's Law and Parole Supervision for Life / PSL Unsupervised Visitation Petition
J.R., a registrant of Megan's Law and Parole Supervision for Life, retained Maynard & Sumner, LLC to obtain official approval from the New Jersey Parole authorities to have unsupervised visitation with his children. Mr. Maynard contacted the parole authorities and advocated on his client's behalf, successfully obtaining formal approval and written confirmation for unsupervised visitation.
State v. C.F., Knowlton Municipal Court
Charges: Possession of CDS - Marijuana, 2C:35-10a(4)
Possession of Paraphernalia, 2C:36-2
CDS in a motor vehicle, 39:4-49.1
Exposure: 1 year imprisonment
At least $2,000 in fines
2 years license suspension
Outcome: Conditional Discharge
State v. C.K., Mendham Municipal Court
Charges: DWI, 39:4-50
DWI in school zone, 39:4-50g(2)
Crossing the line, 39:4-82
Reckless driving, 39:4-96
Obstructed windshield, 39:3-74
Exposure: 3 years license suspension
$2,000 in fines
5 months imprisonment
7 DMV points
48 hours IDRC requirement
Installation of Ignition Interlock Device
Outcome: Plead guilty to DWI, 39:4-50, and reckless driving, license suspension for 4 months
State v. D.B., Passaic County Superior Court
Extradition Hearing
The defendant was arrested and detained based on a violation of his probation in Florida. Florida requested an extradition from his home state of New Jersey. The extradition was denied and the New Jersey court ordered for the immediate release of the defendant.
State v. Q.R., Middlesex County Superior Court
Bail Motion
The defendant was detained for a second degree aggravated assault with bodily injury. The bail was set at $150,000 without a 10% option. The defense successfully argued for a reduction in bail for $50,000 with a 10% option.
State v. J.W., Hopatcong Municipal Court
Charges: Possession of CDS, 2C:35-10a(4)
Possession of Drug Paraphernalia, 2C:36-2
Exposure: 1 year imprisonment and $2,000 in fines
Outcome: Conditional discharge
State v. V.B., Roxbury Municipal Court
Charges: Possession of CDS, 2C:35-10a(1)
Possession of Drug Paraphernalia, 2C:36-2
Possession of Weapon (Rifle), 2C:39-5c(1)
DWI, 39:4-50
Speeding 70mph in a 50 mph, 39:4-98
Tailgating, 39:4-89
Unsafe lane change, 39:4-88B
Careless driving, 39:4-97
CDS in a motor vehicle, 39:4-49.1
Exposure: 10 years and 9 months imprisonment
$52,000 in fines
3 years loss of license
48 hours in IDRC
13 DMV points
Outcome: Plead guilty to DWI, loss driver's license for 3 months, all other charges dismissed
State v. A.C., Passaic County Superior Court
Defendant filed petition to terminate Megan's Law registration requirements under the provisions of N.J.S.A. 2C:7-2(f) and (g). Termination was granted.
State v. M.K., Sussex County Superior Court and Passaic County Superior Court
Defendant was charged with one violation of his CSL conditions in Sussex County and three violations in Passaic County. The defendant faced mandatory prison-time for each one of the violations. All charges were dismissed.
State v. G.M., Morristown Municipal Court
Charges: DWI, 39:4-50
Careless Driving, 39:4-97
Exposure: 1 year driver's license suspension
$600 fines
48 hours at Intoxicated Driver Resource Center
90 days imprisonment
Outcome: Three months loss of driver's license, No IDRC
State v. D.W., Fairfield Municipal Court
Charges: Criminal Mischief, 2C: 17-3a
Exposure: 6 months imprisonment and $1,000 in fines
Outcome: Dismissed
State v. D.W., Totowa Municipal Court
Charges: Possession of CDS (Ecstasy), 2C:35-10a
Exposure: 6 months imprisonment and $1,000 in fines
Outcome: Conditional Discharge
State v. P.D., Readington Municipal Court
Charges: Drug-related DWI, 39:4-50
Failure to maintain lamps, 39:3-61
Speeding, 67mph in a 55mph zone,39:4-98
CDS in a Motor vehicle, 39:4-49.1
Possession of CDS, 2 counts, 2C:35-10(a)(4)
Use of slugs, 2C:21-18(2)
Possession of Drug Paraphernalia, 2C:36-2
Exposure: 2 years and 3 months imprisonment
3 years driver's license suspension
$4,800 in fines
48 hours at an Intoxicated Driver Resource Center
Outcome: 6 months loss of driver's license
L.M. v. J.R., Sussex Superior Court
Following a Temporary Restraining Order / TRO hearing, the Court ruled that the Defendant (represented by Maynard & Sumner, LLC) did not commit an act of domestic violence. The Plaintiff accused the Defendant of making a threat to kill the Plaintiff to a third party. The Plaintiff could not prove that the Defendant intended the third party to convey the threat to the Plaintiff. Temporary restraining order dismissed.
State v. S.H., Newark Municipal Court
Charges: Theft of services, 2C:21-1a(3)
Exposure: 18 months imprisonment and $10,000 fine
Outcome: Municipal ordinance
State v. C.E., Newark Municipal Court
Charges: Wandering with purpose to obtain CDS, 2C:33-2.1b
Exposure: 6 months jail-time and $1000 fine
Outcome: Municipal ordinance
State v. N.C., Parsippany Municipal Court
Charges: DWI, 39:4-50
Reckless w/ accident, 39:4-96
Exposure: 1 year driver's license suspension
$600 fines
48 hours at Intoxicated Driver Resource Center
90 days imprisonment
Outcome: 90 days loss of driver's license, IDRC, civil reservation order
State v. J.C., Morris County Juvenile Court
Charges: Possession of CDS, 2C:35-10a(4), 2 Counts
Manufacturing, 2C:35-5b(12), 2 counts
Possession of within school zone, 2C:35-7
Possession of Paraphernalia, 2C:36-2
Exposure: 9.5 years imprisonment and $318,000 in fines
Outcome: Delayed disposition for 1 year, then charges dismissed
State v. J.A., East Hanover Municipal Court
Charges: 2 counts Reckless Driving, 39:4-96
Failure to stop or yield, 39:4-144
Failure to observe traffic signal, 39:4-81
Exposure: Loss of license, 5 months imprisonment, $800 in fines, 14 points
Outcome: Pled to one Careless ($200 fine), no loss of license
State v. C.C-F., Palisades Park Municipal Court
Charges: Possession of CDS, 2C:35-10A(4)
Possession of Paraphernalia, 2C:36-2
Consumption of Alcohol, 39:4-51a
Exposure: 1 year imprisonment and $2,000 in fines
Outcome: Pled guilty to Open Container (motor vehicle violation), all other charges dismissed
State v. J.S., Morris County Supreme Court
Charges: Intent to distribute cocaine, 2C:35-5b(2)
Intent to distribute within 500 ft. of park, 2C:35-7.1
Possession of CDS - cocaine, 2C:35-10A
Possession of CDS - marijuana, 2C:35-10A
Obstruction of official function, 2C:29-1B
Exposure:27 years imprisonment and $345,000 in fines
Outcome: No prison-time, no fines, 5 years probation
State v. P.C., Mendham Municipal Court
Charges: DWI, 39:4-50 (first offense),
Possession of CDS (under 50 g.), 2C:35-10a(4)
Possession of prescription pills, 2C: 35-10.5
Possession of drug paraphernalia 2C:36-2
Delaying traffic, 39:4-97.1 - 2 pts.
Exposure: 19 months imprisonment
$3,400 in fines
1 year driver's license suspension
48 hours at Intoxicated Driver Resource Center
Outcome: 2 months loss of driver's license
State v. A.F., Morris County Superior Court
Charges: Aggravated assault, 2C:12-1b(1)
Possession of a weapon, 2C:39-5
Exposure: 20 years imprisonment and $300,000 in fines
Outcome: Dismissed
State v. Y.A., Essex County and Hudson County Superior Courts
Essex County Charges: Violation of Probation
Threat to kill, 2C: 12-3b
Obstruction, 2C:29-2b
Exposure: 20 years imprisonment
$60,000 in fines
Outcome: Dismissed
Hudson County Charges: Possession of CDS (under 50 g.), 2C:35-10a(4)
Exposure: 18 months imprisonment
$1,000 fine
Outcome: Dismissed
State v. R.F., Essex County Superior Court
Charges: DWI, 39:4-50
Open container, 39:4-51(b)
Possession of handgun 2C:39-3b
Possession of ammunition 2C:39-3f(1)
Exposure: 6.5 years imprisonment
$25,000 in fines
Outcome: One year on PTI (Pre-Trial Intervention)
State v. E.H., Morris County Superior Court
Charges: DWI, 39:4-50
Exposure: 1 year driver's license suspension
$400 fines
48 hours at Intoxicated Driver Resource Center
30 days imprisonment
Outcomes: Dismissed
State v. M.F., Boonton Twp. Municipal Court
Charges: Harassment, 2C:33-4A
Exposure: 30 days imprisonment and $500.00 in fines
Outcome: Dismissed pursuant to Motion of Lack of Probable Cause
State v. D.L., Morristown Municipal Court
Charges: Harassment, 2C:33-4A
Exposure: 30 days imprisonment and $500.00 in fines
Outcome: Dismissed with prejudice
State v. R.N., Newark Municipal Court
Charges: Simple Assault, 2C:12-1a
Disturbing the peace, 2C:33-2a(1)
Exposure: 60 days imprisonment and $1000.00 in fines
Outcome: Municipal ordinance
State v. T.G., Washington Twp. Municipal Court (Morris County)
Charges: DWI, 39:4-50
Driving while suspended, 39:3-40
Refusal to undergo breathalyzer test, 39:4-50.2
Exposure: 4 year driver's license suspension
$1400 in fines
Mandatory attendance at an Intoxicated Driver Resource Center program
120 days imprisonment
Mandatory installation of an ignition interlock device
Outcome: Dismissed
State v. M.M., Mt. Olive Municipal Court
Charges: Possession of CDS (under 50g.), 2C:35-10a(4)
Possession with intent to distribute, 2C:35-5b(12)
Possession of drug paraphernalia, 2C:36-2
CDS in motor vehicle 39:4-49.1
Open container 39:4-51b
Careless driving 39:4-97 - 2 points
Exposure: 30 months imprisonment
$12,000 in fines
2 years license revocation
Outcome: 18 months on PTI (Pre-Trial Intervention)
State v. R.L., Jersey City Municipal Court
Charges: DWI 39:4-50
Possession of CDS (under 50 grams), 2C:35-10A(4)
Failure to keep right, 39:4-82 (2 points)
Exposure: 1 year driver's license suspension
$1400 fines
48 hours at Intoxicated Driver Resource Center
19 months imprisonment
Outcome: Dismissed
State v. C.P., Parsippany Municipal Court
Charges: DWI, 39:4-50
Careless driving 39:4-97 (2 pts.)
Exposure: 1 year driver's license suspension
$400 fines
48 hours at Intoxicated Driver Resource Center
30 days imprisonment
Outcome: DWI dismissed, defendant plead guilty to careless driving
R.M. v. M.M., Superior Court of New Jersey, Appellate Division
Outcome: Motion for a reduction in the amount of child support payable
Appellate Division affirmed decision in favor of our client the plaintiff.
Defendant M.M. appealed decision made by the Superior Court of New Jersey, Chancery Division, Family Part, Morris County to deny motion for a reduction in the amount of child support payable to the plaintiff R.M. (our client). Defendant M.M. claimed she was unable to continue paying the decided amount of child support due to a loss of employment. The courts refused her motion because her assets could easily cover her mandated child support amount, and she was highly capable of finding employment based on her high-level qualifications.
State v. M.P., Cumberland County
Defendant was granted a termination from Megan's Law, which relieves the defendant of all obligations, requirements and disabilities pursuant to Megan's Law. The state did not oppose the motion.
State v. F.G., Supreme Court of New Jersey (originated in Morris County)
Charges: Failure to verify address under Megan's Law, 2C:7-2a
Exposure: 3 years imprisonment and $10,000 in fines; 15 year postponement of eligibility for Megan's Law termination
Outcome: Dismissal and overturned Megan's Law statute 2C:7-2a
State v. O.P., Morris County
Charge: Aggravated Assault, 2C:12-1b(2)
Exposure: 5 years imprisonment and $15,000 in fines
Outcome: Dismissal
State v. D.W., Essex County
Charges: Terroristic threats, 2C: 12-3a
Contempt (Violation of Restraining Order), 2C: 29-9
Exposure: 6.5 years imprisonment and $25,000 in fines
Outcome: Dismissal
State v. K.F., Union County
Charge: Aggravated assault, 2C:12- 1b(1)
Exposure: 10 years imprisonment and $150,000 in fines
Outcome: Pled to a disorderly persons offense receiving one year of probation and one year of anger-management counseling
State v. A.J., Morris County
Charges: Aggravated assault, 2C:12- 1b(1)
Exposure: 10 years imprisonment and $150,000 in fines
Outcome: Dismissal
State v. J.T., Union County
Charges: Aggravated assault, 2C:12-1(b)
Possession of a weapon, 2C:39-5d
Criminal mischief, 2C:17-3a(1)
Exposure: 16.5 years imprisonment and a $175,000 fine.
Outcome: Dismissal
State v. J.M., Morris County
Charges: Prescription fraud, 2C:35-13
Possession of CDS, 2C:21-1a(2)
Forgery, 2C:35-10a
Exposure: 8 years imprisonment and $75,000 in fines
Outcome: 2 years in PTI (Pre-trial Intervention)
State v. D.P., Essex County
Charges: Conspiracy, 2C:5-2
Aggravated Arson, 2C:17-1a(2)
Insurance Fraud, 2C:21-4.6(b)
Criminal attempt, 2C:5-1
Exposure: 40 years imprisonment and $600,000 in fines
Outcome: 3 years on probation and restitution
State v. F.P., Essex County
Charges: Endangering the welfare of a child (2 counts), 2C:24-4a
Sex assault, 2C:14-2
Exposure: 30 years imprisonment and $450,000 fine; Megan's Law and Parole Supervision for Life / PSL
Outcome: 3 years suspended sentence
State v. A.P., Morris County
Charges: Possession of CDS (under 50 g.), 2C:35-10A(4)
Possession of drug paraphernalia, 2C:36-2
Exposure: 2 years imprisonment and $11,000 in fines
Outcome: Dismissal
State v. N.M., Sussex County
Charges: Lewdness, 2C:14-4
Exposure: 18 months imprisonment and $1,000 in fines
Outcome: Municipal ordinance
State v. N.M., Hudson County
Charges: Possession of CDS, 2C:35-10(A)
Tampering with evidence, 2C:28-6(1)
Exposure: 4.5 years imprisonment and $6,000 in fines
Outcome: Conditional discharge
STATE V. PEREZ, MORRIS COUNTY [Not Guilty After Jury Trial]
Client was accused of stealing $200,000 in jewels by jumping out of a minivan and grabbing a jewelry bag from a jewel courier. The client's fingerprints were found on the getaway vehicle. The codefendant pleaded guilty and was sentenced to State prison. PDF Link { State v. Perez, Trial Starts, Dailey Record}. During the client's trial the State wanted to introduce evidence that the client and codefendant were arrested together in a separate incident two weeks earlier for tailing a different jewelry salesman. The Firm filed the appropriate motion opposition and successfully convinced the judge to suppress this information so that the jury would not hear it. PDF Link { State v. Perez, Win Motion, Daily Record}. The Firm went on to successfully defend the client, who was acquitted on all counts after the jury found him not guilty. PDF Link { State v. Perez, Acquitted, NJ Star Ledger}
STATE V. FOOTMAN, PASSAIC COUNTY [Not Guilty After Jury Trial]
Client was charged with dealing crack cocaine within 1000' of a school in Paterson, NJ. Client was acquitted on all counts after a Jury trial. PDF Link { State v. Footman, Client Acquitted}
STATE V. HUMPHREY, HUDSON COUNTY [Not Guilty After Jury Trial]
Client was charged with first-degree armed robbery of a pedestrian in a park in Jersey City, NJ. Client was acquitted on all counts after a Jury trial.
STATE V. DALEY, MORRIS COUNTY [Hung Jury]
Police stopped client and codefendant Route 80 and after a search seized three large bags of marijuana, totaling 150 lbs, one of which was right on a bed next to the client. The truck was registered to the client. PDF Link { State v. Daley, Prosecution Rests, NJ Star Ledger}. After and intense jury trial, the jury was hung and would not convict defendant. The Firm considers this a win because rather than retry the case, the State agreed to give the client a favorable plea. PDF Link { State v. Daley, Hung Jury, NJ Star Ledger}
STATE V. ANDREW PENA, MORRIS COUNTY
Client was charged with first-degree aggravated sexual assault. The Assistant Prosecutors handling the case attempted keep the jury from seeing photographic evidence favorable to the Defendant. PDF Link { State v. Pena, Opening Statements, NJ Star Ledger}. The Judge agreed with the State and suppressed the photographs at the start of the trial so the jury would not be able to see them. With backs against the wall, and knowing this evidence had to be seen by the jury, on the same day the Firm filed an emergent appeal and extensive briefs with the Appellate Division. PDF Link { State v. Pena, Emergent Appeal}. The Firm believed it to be an outrage that the Judge would not permit the jury to see the photographs. The Appellate Division agreed and overruled the Judge a day or so later. PDF Link { State v. Pena, Judge Overturned Photos Admissible}. The Defense was then allowed to display the pictures to the jury. While this trial was ultimately lost, it is pending appeal.
STATE V. JULIO RODRIGUEZ [Indictment Dismissed]
Client was charged with resisting arrest. The Firm filed a motion to dismiss the indictment on the grounds of improper grand jury presentation and lack of evidence. The Judge dismissed all charges. PDF Link { State v. Rodriguez, Indictment Dismissed} and {State v. Rodriguez, Memorandum dismiss indictment}
STATE V. NAPOLITANO [Probation for Client Facing 15 Years State Prison for Drug and Gun Charges]
Client was charged with possession of a firearm while in the course of a narcotics crime and possession of narcotics with intent to distribute. The policed searched and seized evidence from a car in which the client was a passenger. The plea offer was 8 years State prison. The Firm filed a motion to suppress the evidence seized on the grounds that police search of the car was illegal. Based in part on the strength of the motion papers, the plea offer was reduced to probation, which the client accepted. PDF Link {State v. Napolitano, Brief Motion Suppress} and { State v. Napolitano, JOC Probation}
STATE V. O'CONNELL [Probation for Client Facing 20 Years State Prison for First Degree Drug Crime]
Client was charged with running a marijuana harvesting operation in his attic along with two codefendants. Police had searched the client's residence and seized about seventeen marijuana plants. Client was facing first-degree charges and twenty years State prison. The Firm successfully negotiated a plea to probation not involving jail or State prison. PDF Link { State v. O'Connell, Probation, Daley Record}
STATE V. CAYWOOD [Probation for Issuing $68,000 in Bad Checks]
Client was charged with issuing $68,000 in bad checks. The Firm Successfully negotiated a plea agreement with the State to probation. PDF Link { State v. Caywood, Probation, Daily Record}
Family Law
DYFS v. K.M. & R. L. (Warren County)
After a Hearing, Court dismisses DYFS Complaint to Investigate where Defendant shows "anonymous caller" had ulterior motive in calling DYFS and is able to convince Court to accept private diagnostic screenings (refuting allegations of drug and alcohol use), rather than undergo examination by DYFS medical providers.
DYFS v. N.M. & M.M. (Sussex County)
After a Hearing before the Administrative Law Judge, the Court reverses a DYFS finding of child neglect against father for consuming alcoholic beverages while caring for infant. Despite DYFS regulation that alcohol consumption by caretaker presumes that child is placed in a position of potential harm, testimony indicated that child was asleep during incident, police did not charge father with any alcohol related offense or indicate that his alcohol consumption prevented him from rendering proper care.
S H v. R H (Morris County)
DIVORCE Alimony/Removal of Child from State. Wife found entitled to alimony even though husband previously terminated from employment. Wife entitled to remove child from state when husband arrested on pornography charges.
M W v. T W (Sussex County)
DIVORCE Forensic Accounting. Wife given marital estate after forensic accountant is able to prove that husband's solely owned business had been misreporting income and expenses.
T M adv. J L (Morris County)
POST-DIVORCE: Custody Litigation Mother wins sole custody of children after court finds that natural father abuses spirit of joint-custody agreement following evidentiary hearing.
P G v. G (Union County)
POST-DIVORCE: Child Support/College/Emancipation. Father no longer required to pay child support once its revealed that child cutting college classes and mother concealing child's true status.
K S v. L D (Morris County)
FAMILY LAW: Custody/Litigation/Removal of Child from State. Father wins custody of two children and the right to remove children to another state following Bests Interests Hearing.
Division of Youth and Family Services (DYFS) v. S R (Warren County)
FAMILY LAW: DYFS Litigation. Court returns children to natural mother from foster care after court finds that police officers and DYFS caseworker lied about her alleged child abuse.
Division of Youth and Family Services (DYFS) v. L W (Hudson County)
FAMILY LAW: DYFS Litigation. Child returned to mother from foster care despite mother having been found guilty of assaulting child.
M B v. M T (Union County)
FAMILY LAW: Domestic Violence. Successfully prosecuted and obtained Final Restraining Order on behalf of female victim threatened by boyfriend.
H B, Jr. adv. S M (Morris County)
FAMILY LAW: Domestic Violence. Successfully defended client accused of harassing his ex-girlfriend thus avoiding imposition of restraining order.
Civil Matters
Automobile Negligence:
R, et als v. O, et als- Docket No. MRS-L-1224-03; settlements totaling $222, 500.00 to injured passengers.
C v. S, et als-Docket No. MON-L-5715-01: $750,000.00 settlement to plaintiff who sustained heel fracture and psychological trauma.
L v. P, et als- Docket No. L-553-06; $90,000.00 settlement to Plaintiff who suffered neck injury (no surgery required) and temporary neurological injury.
L v. R, et al- Docket No. L-552-06; $71,000.00 settlement to Plaintiff who suffered shoulder injury.
T v. C- Docket No. MRS-L-3382-06; settlement to injured plaintiff for insurer's polic limits ($100,000.00)
Commercial Litigation:
Penn N Insurance Company v. S, et als- Docket No. SSX-L-0590-03; successfully obtained dismissal of lawsuit against commercial property /business owners.
Civil Defense:
A v. W, et als- Docket No. SSX-L-339-02; successfully obtained dismissal of lawsuit seeking large money judgment and injunctive relief.
Personal Injury
R.B. v. W.K., Morris County
Do. #: MRS-L-003178-08. Plaintiff received $100,000 award for a knee injury that resulted from a slip and fall in a restaurant.
C.E., Negotiated Settlement, Bergen County
Plaintiff received $20,000 award for a dog bite that resulted in permanent scarring.
