Criminal and Municipal Results

Criminal Law

When you are going up against the State of New Jersey you need experienced legal counsel. Regardless of whether you are facing an indictable criminal charge in the Superior Court, a drug charge in Municipal Court, a DWI, or even a simple motor vehicle charge you want to have the best possible result. Thomas H. Martin has been helping people face the most difficult of situations for years.

CRIMINAL AND JUVENILE RESULTS OBTAINED BY MR. MARTIN:

2007: Superior Court of New Jersey, Family Division-Juvenile, Monmouth County-A juvenile, SK, was accused of threatening a store clerk with a gun during a robbery and terroristic threats. SK was charged with:

Charge 1): Armed Robbery, (N.J.S.A. 2C:15-1), a first degree offense, punishable by up to four years in the New Jersey Training School for boys or "Jamesburg". However, if the State sought a waiver and was successful in its application, then SK could have been tried as an adult and faced up to twenty (20) years in prison with a mandatory requirement to serve (85%) before becoming eligible for parole.

Charge 2): Terroristic Threats, (N.J.S.A. 2C:12-3), a third degree offense, punishable by up to two years in Jamesburg.

Result:

In this case, three boys entered a convenience store and allegedly stole a bunch of items. The clerk alleged that SK stated that he had a gun in his possession druing the theft. The offer in this case was to plead to a second degree. The matter proceeded to trial over two days. Despite: (1) the eyewitness's identification of the victim,; (2) SK being found just several blocks away with stolen items around his person; (3) a store surveillance video; and (4) the testimony of a Social Service Worker that SK confessed/admitted to having a gun and robbing the store, Mr. Martin was able to raise enough reasonable doubt through aggressively cross-examining the prosecutor's witnesses and through direct examination of SK's witnesses to work out a plea bargain for a disordely persons shoplifting offense. Thereby saving SK from being adjudicated delinquent for first degree armed robbery.

2006: Superior Court of New Jersey, Criminal Division-A Middlesex County man (AL) and another individual were accused of raping a young lady. After grand jury proceedings, AL was indicted for:

Count 1): Aggravated Sexual Assault, (N.J.S.A. 2C:14-2a(5), a first degree crime punishable by up to twenty (20) years in State Prison;

Count 2): Sexual Assault, (N.J.S.A. 2C:14-2c(1), a second degree crime punishable by up to ten (10) years in State Prison;

Count 3): Aggravated Sexual Contact, (N.J.S.A. 2C:14-3a), a third degree crime punishable by up to five (5) years in State Prison; and

Count 4): Criminal Sexual Contact; (N.J.S.A. 2C:14-2a (5), a fourth degree crime, punishable by up to eighteen months in prison.

Had AL been found guilty of these charges, he would be subject to Megan's Law and Community Supervision for Life.

Result:

After reviewing all the discovery and evidence in the case and aggresively investigating the facts, Mr. Martin was able to work out a plea bargain with the prosecutor, for AL . The aggravated criminal sexual contact charge was amended to a third degree, aggravated assault (N.J.S.A. 2C:12-1(b)(7) and AL pled guilty to a disorderly persons offense of providing alcohol to a minor. All the remaining charges were dismissed. The plea agreement saved AL from Megan's Law notification and only called for up to 270 days in the county jail. At sentencing, Mr. Martin argued zealously for probation and no jail due to AL's minimal record and the fact that alcohol was a contributing factor in the crime. The Judge sentenced AL to probation only; thus precluding AL from having to serve any more time for this offense.

2004: Superior Court of New Jersey - Criminal Division-Monmouth County- A Monmouth County man (JC) and five other individuals were charged first degree armed robbery and aggravated assault. JC was charged with and indicted for:

1) Armed Robbery, (N.J.S.A. 2C:15-1), a first degree crime punishable by up to twenty (20) years in State Prison;

2) Possession of Weapon for an Unlawful Purpose, (N.J.S.A. 2C:39-4) a second degree crime punishable by up to ten (10) years in State Prison;

3) Unlawful Possession of a Weapon, (N.J.S.A. 2C:39-5), a third degree crime punishable by up to five (5) years in State Prison;

4) Aggravated Assault with a Deadly Weapon, (N.J.S.A. 2C:12-1(b)(9), a third degree crime punishable by up to five (5) years in State Prison; and

5) Aggravated Assault with a Firearm, (N.J.S.A.2C:12-1(b)(4), a fourth degree crime punishable by up to a year and one half (18 months) in State Prison.

Result:

The State initially offerred (JC) ten (10) years State Prison time, with a mandatory requirement that (JC) serve 85 % of the sentence under the No Early Release Act (NERA), if (JC) pled guilty to first degree armed robbery. (JC) rejected this offer and signed a trial memorandum. Defendant, as set out in the trial memorandum, potentially faced forty-one and a half (41 1/2) years, if convicted on all counts, and the Court ran each sentence consecutively.

After opening statements by the State, co-defendants counsel and Mr. Martin and the testimony of just one of the State's witnesses, Mr. Martin was able to negotiate a plea bargain with the State where (JC) would plead guilty to only a third degree theft (2C:20-2) and receive a non-custodial probation. Thereby saving (JC) from any prison time. As part of the agreement, Mr. Martin was also able to dispose of three (3) other open indictable matters that (JC) had pending; without subjecting (JC) to any additional probation time.