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.

The defendant, who had no prior criminal record, was arrested and charged with two separate marijuana cases in Carteret, Middlesex County, and Ocean Township, Monmouth County. Had she been charged with an ostensibly more serious offenses in the Superior Court, she could have consolidated the matters and obtained pre-trial diversion program, saving her from the consequences of a criminal conviction. Instead, because the matters were scheduled before separate Municipal Courts, she moved to consolidate the cases. This decision was opposed by the Monmouth County Prosecutor’s Office, but granted by the Monmouth County assignment judge. The Prosecutor’s Office appealed.

The matter was argued before the Appellate Division on January 18, 2017. Today, the Court held that “Consolidation comports with ‘the goals of uniformity and proportionality’ in sentencing.” They further stated that “Denial of consolidation here could result in ‘disparate [treatment] for very similar crimes committed within a relatively brief period of time.” Finally, the Court found that “The rules for consolidation seek to avoid this kind of ‘idiosyncratic’ sentencing.”

As a result of the Appellate Division’s opinion, the matters will be consolidated and transferred to the Ocean Township Municipal Court for disposition.

Our firm has handled Municipal Court, State, and Federal criminal cases throughout the Jersey Shore, in the Monmouth County Superior Court in Freehold, the Ocean County Superior Court in Toms River, the Atlantic County Superior Court in Atlantic City, New Jersey, the Essex County Superior Court in Newark, New Jersey, the Union County Superior Court in Elizabeth, New Jersey, the Middlesex County Superior Court in New Brunswick, the Morris County Superior Court in Morristown, New Jersey, the Hudson County Superior Court in Jersey City, New Jersey, the Mercer County Superior Court in Trenton, New Jersey, the Bergen County Superior Court, in Hackensack, New Jersey, and the Federal Courts in Newark, Trenton, and Camden, New Jersey for over thirty 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. You may call the experienced criminal defense attorneys of Schwartz & Posnock at 732-544-1460 or email us at info@schwartzposnock.com.

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