An Experienced & Powerful Bergen County Criminal Defense Firm
Results matter. Anyone who says results does not matter does not understand what is at risk when it comes to a criminal charge. A defendant that is facing criminal charges obviously wants to retain an attorney who has obtained successful results in the past. Especially when you or a loved one is being criminally charged, which can be a real nightmare for most individuals. Usually they are unaware of not only the nature of the charges but also what the likely outcomes would be. With that being said, we find it helpful to discuss some of the typical outcomes and penalties of some of Bergen Counties most frequent violations before we discuss our firm’s results. Listed below are some discussion that we feel may be helpful in attempting to calm your nerves about your unfortunate situation.
Benefits of Diversionary Programs
Under this section we will discuss some of the major benefits of being accepted into one of the diversionary programs that the New Jersey Legislature offers certain individuals. If it becomes apparent to us during our representation that the State will be able to prove their case against you beyond a reasonable doubt we turn our focus onto getting you into the program.
- Pre-Trial Intervention (PTI)
- PTI is a diversionary program that is utilized up at the Superior Court. This program is generally for first-time offenders that have been charged with certain crimes. PTI typically lasts for approximately eighteen (18) months. However, it can be as short as one (1) year or as long as three (3) years. However, please keep in mind that you must apply and be admitted to the program. This means that you can still be denied entry into PTI. A couple of reasons of why you could be denied entry are (1) using a diversionary program in the past, or (2) the seriousness and extent of the charge/charges.
- If you are admitted into PTI, then you’ll be placed on ‘probation’. The typical rules/guidelines that you mist follow during this ‘probation’ period are:
- Obeying all federal, state, and municipal laws and ordinances. You shall notify your probation officer within 24 hours if you are arrested or issued a complaint summons in any jurisdiction.
- Reporting to your probation officer as directed.
- Answering all inquiries by your probation officer truthfully.
- Permitting your probation officer to visit your residence or any other suitable place.
- Promptly reporting any change of address or residence to your probation officer.
- Obtaining permission of you wish to move outside of the state.
- Maintaining gainful employment, and promptly notify your probation officer when you change your place of employment or find yourself out of work.
- Cooperating in any test, treatment, and/or counseling deemed necessary by your probation officer during the PTI period of postponement.
- Some other conditions the court may impose is restitution, community service, and/or staying away from a person or place depending on the case.
- Conditional Dismissal/Discharge (CD)
- A CD is a diversionary program that is utilized at the Municipal Court. This is also available to first-time offenders. Just like PTI, you must apply and be admitted into a CD. A CD will typically last for one (1) year, but the court can order that the term of the ‘probation’ be no more than six (6) months. Please keep in mind that the main difference between a conditional dismissal and a conditional discharge is that in a conditional dismissal the defendant must plead to the charge in order to be accepted into the program. This means if the defendant fails to adhere to a requirement of their ‘probation’ then the judge will sentence them to the charge he/she plead to. Whereas if a defendant fails to adhere to a requirement during their ‘probation’ in a conditional discharge, the case is reactivated and placed back on the court’s docket. A conditional discharge is only for drug offenses, whereas a conditional dismissal is for offense such as shoplifting, theft, harassment, and/or simple assault.
Successful Results Via Client Testimonials
Under this section we have invited any of our prior clients to discuss there feelings towards our legal representation and the results we achieved for them. {obviously, this section can and will remain anonymous at your request} Specifically, we ask that our clients comment on our overall professionalism, our knowledge of the law, our ability to develop and put forth solid defenses and the satisfaction with their overall results.
- “I went to Mr Brett Rosen for criminal defence, He handled my case saved me from conviction…The way he countered the other attorney during trial was unmatched….when the time of trial comes he has ‘no parallel’.” A.H.
- “Not only did Mr. Rosen patiently guide me through the process, but his cross-examination of the [victim] and a respected, well known police officer as witness appears to have resulted in [her] dropping the TRO before I even testified. Mr. Rosen is…clearly a top-notch attorney.” C.P.
- “I highly recommend Attorney brett rosen i was accused of domestic violence and he did [] outstanding work in court that the case was dismissed” A.C.
- “Brett is very hard working and determined to win. He…was very dominate in the cross examination and would not give up until the truth was told . I strongly recommend him and would use him again” anonymous
- “I was dealing with three drug charges and with the help of Mr. Rosen they were all dismissed!” J.
- “I hired Brett to represent me in Wayne Municipal court on a paraphernalia charge that was about 5 years old…I’ve used many lawyers in my time, and I must say Brett delivered with more than favorable results….Typically charges that have been outstanding that long, they really try and stick to you. Brett got the charge DISMISSED with not even a court fee. I would have been happy with less, so needless to say I was very impressed. I would highly recommend Brett if you are in need of an attorney.” R.
- “I retained Brett to defend me after an ex-girlfriend filed a Temporary Restraining Order against me….Brett was thorough and methodical and his aggressive questioning of the [victim] resulted in the judge finding that her complaint was completely without credibility. The TRO was dismissed and I didn’t even have to testify.” A.
- “…He handle the case so quickly and got my case dismissed. If your looking for a expert definitely Brett is the guy to hire[]. I will definitely pass my experience to my friends and family!! Thank you Brett!!!” C.
- “The big day ” court day “, Jason demonstrated his real talent! Backing up his experience with the prosecutors and the Judge he was able to completely have my son cleared and freed in record time….So no need to just settle for just any legal representation when you can have the very best with Jason Seidman of the Jonathan Marshall Firm!” P.
- “I was luckily told by someone to hire this firm, and I was blessed to meet my personal attorney, Jason Seidman….He got me out of jail…If anyone needs to hire an attorney, please, call the Law Offices of Jonathan F. Marshall….I personally recommend Jason Seidman.” E.F.
- “Jason, thank you. Seriously, no words could ever express to you how much gratitude, respect, and appreciation I have for you. …because you had my back that entire time and I would be sent off to prison if it wasn’t for you….I admire you so much. You have shown me what a real attorney really does…Not only did you do your job incredibly, you took your time to sit, listen, and talk with me. Thank you for all your hard work and dedication, Jason. You are absolutely amazing.” E.
- “Jonathan Marshall helped me out with my dui and had my sentence reduced from 6 months in prison to 6 months without a license” J.M.
- “Mr.Marshall and his peers were thorough, helpful, nice and most importantly got the absolute best result I could have gotten. They got my charges dropped when it seemed to be impossible.” R.S.
- “Paul is truly a genius. He advocated very fervently and passionately for my case. Due to him, my case was dismissed….I had expected a downgrade but he has gotten the best possible outcome for me.” anonymous
- “Great service from start to finish. 2 serious charges were totally dropped and expunged….I couldn’t have asked for a better lawyer.” V.S.
- “They managed to drop my charge for my 2nd DUI down to a single reckless driving charge” S.W.
- “William Wachowski was an excellent lawyer who assured me from our first conversation that he would handle my case and everything would be fine….William was able to lessen my boyfriends charges and terminate his probation. I would highly recommend him and his office.” M.H.
Success Stories
Under this section we will be discussing some of the our most successfully results. In this section we will give an overall synopsis of the case, what we felt were the underline issues and how we were able to exploit those issues to receive the underline result. We have added this section because we feel it is important for any potential new client to understand who exactly they are hiring and be comfortable with their knowledge of the legal system because at the end of the day your liberty is at stake. Our firm takes great pride in the results we achieve for our clients.
- Recently, client was charged with third degree domestic violence related aggravated assault charge. He had a record, that included a first degree crime and a domestic violence simple assault charge. The Public Safety Assessment score was relatively high, and pretrial services recommended that he not be released. The prosecutor filed a detention motion, this motion seeks to have the defendant stay in county jail pending the outcome of the case. Despite all of this, we convinced the judge to release our client with weekly reporting.
- The prosecutor’s office filed a motion to detain on our client. Our client was facing a domestic violence assault charge. His public safety assessment scores were high, the new violent criminal activity flag was raised, and the recommendation from pre-trial services to the judge was to not release. The client had record, as well as missed court appearances in the past. Despite the overwhelming odds of our client being released, we successfully convinced the judge to release our client.
- In the Fall of 2019, one of our attorneys had a jury trial wherein our client was potentially facing over a decade in New Jersey state prison. If the jury found our client guilty, he would face parole ineligibility. This meant that our client would have to serve forty-two (42) months of their sentence in state prison. The charges were Terroristic Threats and Possession of a Handgun for Unlawful Purpose. A brief summary of the facts were that the allege victim related that our client threatened to kill her and the police if the police came to help her. Video evidence showed that our client was found with a loaded handgun hiding in a bedroom closet. The alleged victim was our client’s girlfriend. On direct-examination, the allege victim presented as a trustworthy and credible witness. However, once Attorney Wachowski cross-examined her, he successfully exposed the inconsistencies and discrepancies in her testimony. The jury returned a verdict of not guilty on all charges. The jury deliberated for approximately less than an hour.
- In the summer of 2019, our firm represented a client at a jury trial. The client was charged with multiple counts of aggravated sexual assault as well as other similar charges. The jury returned a not guilty verdict on multiple counts.
- In the winter of 2019, one of our attorneys had a jury trial wherein our client was facing years in New Jersey state prison. Our client, if convicted would be subjected to parole ineligibility. The jury returned a verdict of not guilty. The jury deliberated for approximately a half hour.
- In the Spring of 2020, we successfully got our client into Pre-Trial Intervention (PTI) even though he was charged with a second degree sexual assault. If successful, the charges will be dismissed and he’ll be able to expunge the arrest and charges from his record.
- Our firm represented a client in one of the state’s first ‘red flag’ law. This law allows law enforcement to seize a person’s guns if a neighbor, relative, or police officer is concerned for the individual’s safety or safety of others. Jason Seidman represented our client and successfully got the Court to agree to return our client’s weapons back to him.
- Our firm represented a defendant at a detention hearing. The prosecutor was seeking to keep our client in jail pending the outcome of the case. This meant that our client could’ve spent months in jail until the case was resolved. The client’s public safety assessment was very high (this is not good), and the recommendation to the court from Pre-Trial Services was to not release our client from jail. In addition to this, our client had numerous failure to appears, as well as felony and misdemeanor convictions. In spite of all of this, we got our client released from jail with weekly reporting.
I hope that you find the results section to be helpful. Here at The Law Offices of Jonathan F. Marshall, we love getting the best results for our clients, and we also understand that this may be your first encounter with the judicial system and we will do everything in our power to try and make this as less stressful as possible. If you or someone you know has been charged with a criminal or traffic offense in Bergen County we can help. Please contact any one of our Bergen County Offices for a free initial consultation about your pending charges.