New Jersey State Court Criminal Defense

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We have handled hundreds of State Criminal Cases at the trial and appellate levels. In 1983, we began our careers as criminal defense lawyers in the tough city courtrooms of Philadelphia, as public defenders. We handled nearly every felony and misdemeanor charge on the books, including crimes of violence, drug possession and distribution, every type of theft offense, and driving under the influence of drugs and alcohol. We represented individuals already convicted of crimes, who were accused of violating their parole and probation, and handled direct appeals to the Pennsylvania Court of Appeals.

After several years of experience defending the accused in Philadelphia, we joined the defender officers in Newark and Elizabeth, New Jersey, continuing to represent individuals charged with homicide, kidnapping, robbery, sexual assault, drug offenses, theft crimes, and violations of probation and parole. We were trial counsel in an important New Jersey Appellate Division case which firmly established the right of the accused to be provided discovery before trial, and were trial and appellate counsel in an important New Jersey Appellate Division case ensuring the right of the accused to a fair and unbiased grand jury proceeding.

In the late 1980's, we undertook the defense of white collar criminal cases. An important aspect of our white collar criminal defense experience is the representation of targets and witnesses who are subpoenaed to produce documents and to testify before a State grand jury. The State Attorney General and the various county prosecutors can bring charges based on fraud in the State courts.


STRATEGY

Our attorneys believe that the presumption of innocence is much more than an expression. It is the hallmark of the American criminal justice system and should be respected. Applying our experience, we intend to make that presumption work for you. What can you do to protect yourself or your company, and minimize the consequences of government action? How can you avoid or greatly reduce a potential jail term? How do you expunge records of prior court contact? We can answer these questions.

Initially, our goal is to prevent the filing of criminal charges against you, and to provide a vigorous defense if and when you are charged. Because we are a smaller firm, we can provide you with the personalized service that you deserve, at the time in the proceedings where concentrated action might prevent charges from being filed. Our attorneys know the system well, and we endeavor to put your case in the best possible light, at the earliest appropriate time.

Most often, however, charges have already been filed against you before you seek the services of an attorney. We will immediately advise you of certain steps to take to reduce the chance that your own conduct will help the prosecution in building its case against you. It is extremely unlikely that speaking with a law enforcement official or prosecutor will help your case. Your attorneys should represent you in all interactions with law enforcement, and experienced counsel can do this in a manner that will be perceived as good management of your case, not as having "lawyered up."

MOTION PRACTICE

Motion practice serves a very important role in the defense of criminal cases. The resources and power of the Attorney General's Office and the County Prosecutors' Offices are enormous. Our firm believes that criminal motion practice helps to shape a criminal case in order to create a level playing field, which improves your chance of receiving a fair trial, and enhances your chance to win. Motions we may file in your case include a motion to dismiss the indictment, motions to suppress physical evidence, statements, and identifications, a motion to compel discovery and the identity of informants, a motion for a bill of particulars, and motions to sever charges and/or co-defendants from your case.

INVESTIGATION

Success in a criminal case may often depend on the effectiveness of the investigation conducted on behalf of the accused. We work with experienced investigators and start the investigation process as soon as possible. If an opportunity is lost, a witness may disappear, or a memory may fade. In a criminal case, "timing can be everything."

APPEALS, AND EXPUNGEMENTS, AND POST-CONVICTION RELIEF

In the event that you have already been convicted of an offense, we can file an appeal to protect your interests. We can make a motion for bail pending appeal if you have been incarcerated as a result of your conviction. We will undertake post-conviction relief for you too. The results of these proceedings can be dramatic. Indeed, in 2008 we obtained the reversal of a client’s homicide conviction. If you have been convicted of a crime or municipal offense which is eligible for expungement, we can petition the courts to expunge your record. Of course, expungement is available when your charges have been dismissed or you have been found not guilty.

Having an experienced, aggressive lawyer is particularly important in a criminal case, where your liberty is at stake. Each criminal case requires a unique approach that fits your particular needs. We methodically investigate, research, and prepare each case, then apply the instinct and sense of timing that comes only with experience. We are result-oriented, and fight to win.

Call on Schwartz & Posnock regarding your State criminal defense matter.

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