Archives for Jersey City Superior Court

Read my Op-Ed in the Jersey Journal

Here is a fact that can’t be repeated enough in Hudson County right now:  four people have died in the past eight months. None of them were accused of violent crimes, and the oldest among them was just 48 years old. Read my op-ed which appeared online and in print in the Jersey Journal on this sad news, and how Hudson County has fallen short in addressing this tragedy in a substantive way. Click here.
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Life Sentence Reduced to 2-Year Probation!

Client was charged with aggravated assault and witness tampering, both in the first degree. Both charges carried 10- to 20-year sentences, which could have run consecutively and amounted to a life sentence. The pre-trial plea offer was more than ten years. Client maintained his innocence. This was not surprising; the complaining witness had a history of making false allegations against client, including in a case in which the jury acquitted client, having not believed the complaining witness. Prior to trial, I filed motions to dismiss the witness tampering (because the underlying case had been acquitted) and to introduce the witness’s
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Minimum Sentence for Manslaughter Conviction

Client was charged with manslaughter after the man she shared an apartment with was found dead. Client faced up to ten years in State prison. Client maintained that the incident was initiated by the decedent. I hired an expert to review the autopsy, which confirmed client’s account and also found inconsistencies in the medical examiner’s initial report. Motions were filed to this effect, and the State’s plea offer was lowered to the lowest end of the sentencing range: five years. 
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Distribution Charges Dismissed Before Trial

Client was charged with distributing drugs to an undercover police officer.  His plea offer included state prison.  Mr. Hudnut investigated several alibi witnesses who stated that the client was in New York during the time of the alleged sale.  No arrest had been made at the scene of the alleged sale and the identification procedure used by the police was poorly administrated.  Upon presentation of the client’s alibi witnesses and a sound legal argument highlighting the deficiencies of the investigating police’s identification procedure, the charges were dismissed the day before jury selection was scheduled to begin. 
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Not Guilty Trial Verdict!

A client was charged with possessing 14 vials of cocaine with the intent to sell them.  They were found in the lobby of an apartment building that the client was observed by police entering and existing with other individuals in between stretches of time standing on a nearby street corner.  The State alleged that the client did not live in this building.  The client’s plea offer was five years in New Jersey state prison with three-year parole ineligibility.  If convicted, he faced upward of ten years in state prison with five-year parole ineligibility.  
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A Second Chance for Client with 4 Distribution Cases

A client had four open files for distributing drugs and/or possessing drugs with the intent to sell them.  His plea offer was seven years in a state prison and, if convicted at trial, his aggregate sentence for all four files would be well over 30 years in prison.  Client maintained he sold to support his own drug habit, but was denied special probation Drug Court because he had failed out of same ten years ago. 
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Not Guilty Trial Verdict!

Client was charged with possession of illegal drugs with the intent to distribute when three police officers alleged to have seen him run from them and toss the drugs on the ground.  Over thirty vials of cocaine and heroine were recorded.  Client – who was being treated with kidney dialysis three times a week – had a plea offer was five years in New Jersey State Prison and maintained his innocence.  
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Weapon Charge Downgraded To Probation

Following a police foot chase, client was alleged to have been in possession of a handgun that was found near the area of his arrest, but not on him.  An officer alleged that client through the gun during the case.  Client’s plea offer was over five years in New Jersey State Prison.
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Burglary Charges Accepted into Diversionary Program

Client was charged with breaking into a home and stealing home electronics.  Client was a college student and had no prior criminal felony contact.  The nature of client’s charged kept him out of Pre-Trial Intervention, the diversionary program he would normally be eligible for as a first-time offender.  His plea offer was a plea to a felony with probation, but this would have affected his college financial aid and ability to find work after graduation.
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Not Guilty Verdict

Client was charged with second degree possession of cocaine with the intent to distribute.  He was a passenger in a car that was pulled over for speeding before cocaine was found in the backseat within client’s reach.  Client’s plea offer was five years in state prison and he faced up to ten years if found guilty at trial.  However, he was found not guilty of  all charges by a jury.
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