Small Large

Toms River Criminal Defense Lawyers

Former County & Municipal Prosecutors

When you are facing a charge at the Ocean County Superior Court or even Toms River Municipal Court, you need an attorney who possesses experience in the related court defending the type of offense to which you have been charged. At our firm, the Law Offices of Jonathan F. Marshall, we have multiple defense lawyers that can offer you a high level of know-how and involvement with the Toms River Courts and all types of criminal charges. For example, Nick Moschella is both a former County Prosecutor and municipal prosecutor in more than 15 towns in Ocean County, including in Toms River. Tom and the other attorneys at the firm are available to discuss your case any time of day and the initial consultation is free of charge. Call us for the skilled counsel you need.

Indictable Criminal Charges in Toms River NJ

All indictable offenses of the first degree, second degree, third degree or fourth degree are handles at the Superior Court in Toms River. The reason is because when someone is charged with this level of offense, there is an obligation on the part of the Prosecutor’s Office to obtain an indictment before they may try that accused for the crime. A grand jury possesses the authority to return an indictment and is only empaneled at the Superior Court. In addition, there is a right to a jury trial on these types of charges and there is no ability to conduct jury trials except at the Toms River Superior Court. The following are some of the more prominent indictable crimes of the first degree, second degree, third degree, or fourth degree crimes adjudicated in this court:

Indictable cases usually start with a pre-indictment conference or similarly captioned proceeding that is intended to lead to early resolution of cases and/or diversion of cases so that presentation of the case to a grand jury is not needed. The next proceeding is typically presentation of the case to grand jury and, assuming an indictment is returned, an arraignment of the accused before a Superior Court Judge. This can sometimes be the second arraignment on a charge as municipal courts in Ocean County and elsewhere often conduct initial arraignments upon issuance of a criminal complaint. After status conferences and plea negotiations during what usually is several hearings, a plea cutoff is set. At this proceeding, the accused has his/her last opportunity to accept the state’s best plea offer or proceed to trial.

Penalties for First Degree, Second Degree, Third Degree & Fourth Degree Indictable Crimes

There are standard penalties set forth by law that apply to most indictable crimes decided in Toms River. If you are convicted at the Superior Court on a first, second, third or fourth degree crime, the fine and jail time, in most cases, is:

  • First Degree Crime. $250,000 and 10-20 years.
  • Second Degree Crime. $150,000 and 5-10 years.
  • Third Degree Crime. $15,000 and up to 5 years.
  • Fourth Degree Crime. $10,000 and up to 18 months.

It should be that the range of penalties just set forth are the minimum ranges and that there are specific crimes that involve more severe penalties. For example, certain offenses involving distribution of CDS carry enhanced fines and, in some cases, periods of parole ineligibility. When an offense involves a crime of violence, the No Early Release Act (“NERA”) often applies and this also results in parole ineligibility periods. There are also situations where, based on the prior record of an accused, a conviction subjects them to an extended term in prison.

Toms River NJ Felony Offense Attorneys

All criminal charges that are heard at the Superior Court in Toms River are indictable, that is to say, felony offenses. A conviction not only exposes the accused to a felony criminal record but also the possibility of a state prison term. These charges are not to be taken lightly and demand the attention of an attorney that is highly experienced. This will certainly enhance your chances of obtaining the best outcome in the case. To obtain this level of skill, call one of our former prosecutors for a free consultation now.

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
Contact Us