Schwartz & Posnock

Summer is a time to relax and party at the Jersey Shore. Young people, from New Jersey and elsewhere, converge on the Monmouth and Ocean County Jersey Shore communities of Asbury Park, Ocean Grove, Neptune, Avon, Bradley Beach, Belmar, Spring Lake, Long Branch, West Long Branch, Oceanport, Sea Girt, Seaside Heights, Point Pleasant, Sea Bright, Brielle, Mantoloking, Manasquan, Red Bank and Long Beach Island to meet, greet, and often, drink alcohol or use drugs. Given that many of these young people are high school or college students, or just beginning their careers, an arrest and conviction for a criminal offense can have terrible consequences for their future.

Arrests at the Jersey Shore for small amounts of marijuana or other drugs, possession of drug paraphernalia, underage possession of alcohol, use of fake ID, and driving under the influence of drugs or alcohol are common, as are arrests for disorderly conduct, resisting arrest, public intoxication, public urination, assault, and hindering police activity. These cases are typically prosecuted in the local Municipal Courts. More serious cases are sent to the Monmouth County Superior Court in Freehold, New Jersey or the Ocean County Superior Court in Toms River, New Jersey, for consideration for presentation to a grand jury for possible indictment. Often cases initially sent to Superior Court are then remanded to the local Municipal Courts on reduced charges.

It is also common for individuals driving to and from the Jersey Shore to be charged with various traffic offenses, including driving under the influence of drugs or alcohol, possession of drugs in a motor vehicle, speeding, careless driving, reckless driving, and leaving the scene of an accident. These types of cases are also prosecuted in the local Municipal Courts. Our Jersey Shore criminal defense attorneys have extensive experience in the Municipal Courts of Monmouth and Ocean County.

It is important to remember that every drug possession and drug paraphernalia case carries a potential for suspension of your New Jersey driving privileges as well as a potential jail sentence. Suspension of these privileges may be transferred to your home state if you are not a resident of New Jersey. Other Municipal Court disorderly persons and traffic offenses carry potential jail terms. Having an experienced criminal defense attorney can prevent you from getting a criminal record, protect your college and employment prospects, and keep you from losing your driving privileges.

For a limited number of out-of-state clients, who live at a great distance from the Jersey Shore, it may be possible for us to resolve your matter without the need for you to appear in court.

Our firm has handled Municipal Court criminal cases throughout the Jersey Shore, and in the Monmouth County Superior Court in Freehold and the Ocean County Superior Court in Toms River, New Jersey, for over twenty years. We have a proven track record of excellent results for our clients. Please contact us in any one of our convenient locations, including our Monmouth County office, located in Eatontown (at the Jersey Shore), our Essex County office, located in Livingston, our Union County office, located in Linden, or our Middlesex County office, located in East Brunswick, to discuss your case.

Sandy Hook, located in Monmouth County, New Jersey, is part of the Gateway National Recreation Area. As a result, any criminal conduct which occurs at Sandy Hook results in a federal criminal charge, requiring a defense of the matter in the United States District Court in Newark. This is true of cases that would normally be considered minor, such as disorderly persons offenses, including the charge of lewdness.

Nude bathing is permitted on Gunnison Beach in Sandy Hook, and there is a high incidence of sexual activity as a result. Federal park rangers are on the lookout for sexual conduct, using binoculars to focus on individuals in order to observe their actions.

Federal rangers, upon observing what they perceive to be sexual conduct, will often issue a Violation Notice charging an individual with Public Lewdness, pursuant to Code of Federal Regulations Section 36 C.F.R. 7.29c. This charge constitutes a federal crime. In order to be found guilty of federal public lewdness at Sandy Hook, the government must prove that a person intentionally exposes the private and intimate parts of his body in a lewd manner or commits any other lewd act in a public place. These charges carry possible jail time, fines and penalties, and federal probation. Further, federal criminal charges cannot be expunged. Because of these possible ramifications, and the effect that a conviction may have on your employment and your life generally, it is important that you hire an experienced criminal defense attorney to fight for your rights in court. The criminal lawyers of Schwartz & Posnock will vigorously defend you should you choose to proceed to trial. Defenses to a lewdness charge include the fact that an incident may have occurred not in a public place, but in an isolated area. Another possible defense is that accused person was clothed, and thus did not expose himself. We will vigorously fight for your rights at trial, cross-examining the federal ranger and his alleged observations, and presenting witnesses on your behalf. Further, should you choose to resolve the case by way of a negotiated plea agreement, we will work to reduce your charges to a disorderly persons offense, which carries lesser consequences than the federal charges.

Experienced New Jersey and Federal Defense Attorneys Schwartz & Posnock have handled numerous lewdness charges. Our firm has represented individuals in criminal cases originating in Sandy Hook  and other federal properties in the United States District Courts for over twenty years. We have a proven track record of excellent results for our clients. Please contact us at our conveniently located Monmouth County office, located in Eatontown, our Essex County office, located in Livingston, our Union County office, located in Linden, or our Middlesex County office, located in East Brunswick, to discuss your case.

Concert goers who attend events at the PNC Arts Center in Holmdel, New Jersey should be aware that the New Jersey State Police are out in force at concerts. The State Police presence includes an increased number of undercover officers who will attempt to make a direct buy of  drugs in one of the parking lots and on the performance grounds. Underage possession of alcohol is also a target offense at PNC concert events. Arrests at the Arts Center for small amounts of marijuana or other drugs, possession of drug paraphernalia, and underage possession of alcohol are common, as are arrests for disorderly conduct, resisting arrest, public intoxication, public urination, and hindering police activity. These cases are typically prosecuted in the Holmdel Township Municipal Court. More serious cases are sent to the Monmouth County Superior Court in Freehold, New Jersey for consideration for presentation to a grand jury for possible indictment. Often cases initially sent to Superior Court are then remanded to the Holmdel Municipal Court on reduced charges.

It is also common for individuals driving from the PNC Arts Center to be charged with driving under the influence of alcohol or drugs, possession of drugs in a motor vehicle, and other motor vehicle offenses, including speeding, careless driving, reckless driving, and leaving the scene of an accident. These types of cases are also prosecuted in the Holmdel Township Municipal Court, or in the Municipal Courts of the neighboring towns along the Garden State Parkway. Our criminal defense attorneys have extensive experience in the Holmdel Township and nearby Municipal Courts.

It is important to remember that every drug possession and drug paraphernalia case carries a potential for suspension of your New Jersey driving privileges as well as a potential jail sentence. Suspension of these privileges may be transferred to your home state if you are not a resident of New Jersey. Having an experienced criminal defense attorney can prevent you from getting a criminal record, protect your college and employment prospects, and keep you from losing your driving privileges.

Our firm has handled criminal cases from the PNC Arts Center in Holmdel Municipal Court and in the Monmouth County Superior Court in Freehold for over twenty years. We have a proven track record of excellent results for our clients. Please contact us in any one of our convenient offices in Monmouth County office, in Eatontown, our Essex County office, in Livingston, our Union County office, in Linden or our Middlesex County office, in East Brunswick, to discuss your case.