Federal Criminal News

Drunk Driving Cases Dismissed

New Jersey Criminal Lawyers Schwartz Posnock

Penalties for being charged with driving while intoxicated (DWI) or driving under the influence (DUI) in New Jersey are severe, including heavy fines and penalties, jail time, and license suspension. If you are charged for DWI, DUI, or a related offense in New Jersey you will need a criminal defense lawyer who is willing to utilize rigorous defense strategies to protect your future. Schwartz & Posnock Attorneys are experienced NJ criminal defense attorneys who have a strong track record of defending clients charged with these types of offenses in New Jersey.

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Navigating a NJ Federal Criminal Case

New Jersey Criminal Lawyers Schwartz Posnock

Navigating a federal criminal case can be daunting. Most individuals are unsure of what lies ahead — not just the ultimate result, but also the various stages that are a part of the process. An experienced NJ federal criminal defense attorney is essential to understanding this complex procedure. Below, you will find the order of events described briefly.

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Drug Court Probation Achieved for 3 Bank Robberies in NJ Criminal Courts

New Jersey Criminal Lawyers Schwartz Posnock

The NJ criminal lawyers of Schwartz & Posnock achieved a major victory in the Morris County and Essex County Superior Courts, which will not only protect society, but will also drastically improve an individual client’s quality of life, health, and well-being. Our client was charged with 3 first degree crimes, worth potentially 60 total years in prison, after attempting to rob three banks in two counties. The defendant was a college student with no prior criminal record and extensive family support who, unfortunately, struggled with a severe heroin addiction. After presenting our client’s comprehensive background and addiction history to the judge, our client’s cases were consolidated, and he was offered the opportunity to be placed on probation and attend Drug Court.

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Important NJ Appellate Decision Granting Consolidation of Municipal Court Cases

New Jersey Criminal Lawyers Schwartz Posnock

Looking for a trial or appellate attorney who will fight for you every step of the way? For whom no detail is too small? Schwartz & Posnock is that law firm. A decision by the Appellate Division of the New Jersey Superior again demonstrates why you need experienced criminal defense counsel in your corner. Details of the case follow.

Today, in an important case of first impression, State v. S.W., in New Jersey argued by Schwartz & Posnock, , the Appellate Division of the New Jersey Superior Court ruled that our client, a Municipal Court defendant, charged in two separate jurisdictions, could consolidate her cases in a single court for the purpose of obtaining a pre-trial diversion program.

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  New Jersey Criminal Lawyers Advise You to Think Before Giving Away Your Prescription Drugs

New Jersey Criminal Lawyers Schwartz Posnock

The state of New Jersey criminalizes the possession, sale, and distribution of prescription drugs (such as Xanax). Charges involving sales or distribution of drugs have tougher penalties than charges limited to possession for personal use. Felony consequences can include prison time and hefty fines.

What many people fail to realize is that giving away your prescription drugs is illegal. It might seem okay to give your pills to a person in pain, however, prosecutors and law enforcement take a different viewpoint on this. Even if there is no money transaction involved, numerous state and federal laws make it illegal to share prescription medicine. Therefore, you don’t necessarily have to earn a profit to be charged with drug distribution in New Jersey.

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Drug Court Expungement = An Experienced NJ Criminal Attorney Can Help!

New Jersey Criminal Lawyers Schwartz Posnock

Drug courts were created by the New Jersey legislature to provide a rehabilitation alternative for drug offenders. They were intended to break drug addicts’ cycles of criminal activity and incarceration, and through intense probationary supervision, have the final chance to overcome these addictions and rejoin society. When a defendant completes treatment through the drug court, their criminal record can be expunged, and they no longer are forced to carry the stigma of a criminal record.

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Case Result- Howell Township Municipal Court

New Jersey Criminal Lawyers Schwartz Posnock

On July 28th, Schwartz & Posnock attorneys pleased a client who was charged with criminal mischief. We were able to get the case dismissed in its entirety and the client’s record expunged on the same day.  Our client was thrilled with these case results! If you are in legal trouble similar to this client, you should contact the attorneys here for a free consultation as soon as possible.

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Case Result-Clark NJ Municipal Court

New Jersey Criminal Lawyers Schwartz Posnock

On July 26th, Schwartz & Posnock attorneys achieved positive results for a client at the Clark Municipal Court in New Jersey. The client was charged with possession of marijuana. Utilizing our rigorous defense skills, we were able to dismiss the matter and have our client’s record be automatically expunged. Therefore, they will have no criminal record. At Schwartz & Posnock, we do not settle for anything less than the justice you deserve.

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Body Cameras: The Newest Revolution in Policing? How Does this Effect Your NJ Criminal Case?

New Jersey Criminal Lawyers Schwartz Posnock

The nation’s largest municipal police force, the New York City Police Department, started equipping its officers with body-worn cameras few weeks ago. The national movement for body-worn cameras has been driven by tragedies over the past decade in which black men and boys have died unreasonably at the hands of police officers. The movement towards body-worn cameras has been publicized as a revolution in policing, because it is beginning an era of real-time police accountability. However, there is a core dilemma for citizens to be aware of: unwarranted surveillance of citizens in society.

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Jae Lee v. United States of America

New Jersey Criminal Lawyers Schwartz Posnock

Topics of immigration and deportation topped the news cycle under the Trump administration. A recent Supreme Court case, “Jae Lee v. United States of America,” proposes an interesting question with regards to deportation.

Petitioner, Jae Lee, came to America from South Korea with his family in 1982, and has lived legally in the United States, though he did not become a citizen. Later, he moved to Memphis, Tennessee, where he became involved in the drug trade. In 2009, Lee was arrested and charged with possession of ecstasy with intent to distribute. With advice from his attorney, Lee pled guilty in exchange for a lighter sentence. While Lee’s attorney had assured him that the guilty plea would not have immigration consequences, Lee’s guilty plea constituted a conviction of an aggravated felony, which is a deportable  offense under the Immigration and Nationality Act. Lee appealed his conviction and made the argument that he had received ineffective assistance of counsel under the standards established in Strickland v. Washington, which provides for a two-pronged test: (1) whether the attorney’s counsel was deficient and (2) whether the deficiency prejudiced the defendant. Lee’s conviction was upheld by the U.S. Court of Appeals for the Sixth Circuit, because there was not sufficient evidence that Lee’s outcome would have been substantially different had he known about the deportation risks.

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