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.

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:

• Drug Distribution, including Heroin and Other CDS
• Possession of Drugs , other than 50 grams or less of Marijuana
• Aggravated Assault
• Weapons Charges
• Juvenile Offenses
• Theft Crimes, like Burglary and Robbery

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.

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.

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.