What if the Police Did Not have a Warrant to Search my Car?

Do the Police Need a Warrant to Search my Car?For years now the New Jersey Supreme Court has gone back and forth on the issue of whether a police officer is permitted to conduct a warrantless search of a motor vehicle based on probable cause alone. For the better part of the last two decades, New Jersey has provided its citizens with greater protection than that of the Federal system. Pursuant to State v. Cooke and State v. Pena-Flores, a police officer must have both probable cause and exigent circumstances before they can justify a warrantless search of a motor vehicle. However, that all changed in 2015, when the New Jersey Supreme Court decided State v. Witt.Read More

2nd Degree Aggravated Assault Charges Downgraded to Simple Assault

Hamilton NJ Simple Assault LawyersMr. Oliver, one of the founding partners at Proetta & Oliver, just resolved a case for one of their clients that originated from an incident that occurred in June of 2016. The incident involved a physical altercation between their client, his friend and his girlfriend’s father. As a result of the altercation, the girlfriend’s father suffered several broken ribs and required a dozen or so stitches to his forehead. Based on the injuries, their client and his friend were both arrested and charged with aggravated assault, in violation of NJSA 2C:12-1b(7). This is a second degree felony offense in New Jersey. If convicted, their client would be facing a prison sentence ranging anywhere from five to ten years and a fine up to $150,000. Furthermore, this offense would be subject to the No Early Release Act, which would require their client to serve at least 85% his sentence before he could become eligible for parole. While the charges were pending, their client was arrested also on two separate occasions, one of those times being for the possession of cocaine in the third degree.Read More

Defendant Facing Gun Charges Accepted into PTI in NJ

Trenton NJ Gun Charges LawyersMr. Oliver, one of the firms founding partners, represented a client that was arrested and charged with among other things possession of a handgun and possession of hallow point bullets. The charges stemmed from a motor vehicle stop where it was alleged that the client was speeding. Since the client was from out of state the officers began questioning him with regards to where he was coming from and heading too. During the questioning, the client admitted that located inside his vehicle was a handgun. As a result of his admissions, the Defendant was removed from his vehicle and a search was conducted. The search revealed a 9mm handgun and to make matters worse, the gun was determined to be loaded with hallow point bullets.

Based on their findings, the client was charged with an individual who was charged with the unlawful possession of a weapon, in violation of N.J.S.A. 2C:39-5b which is a crime of the second degree and possession of hallow nose bullets, in violation of N.J.S.A. 2C:39-3f, which is a crime of the fourth degree. The handgun charge falls under the Graves Act in New Jersey. The Graves Act in essence requires a Defendant to serve not only a mandatory term of incarceration but the term must also be subject to a parole ineligibility period as well.  So at a minimum, the Defendant was facing five (5) years in prison with a forty-two parole ineligibility period. Read More

Marijuana Possession Charges Dismissed in NJ

Marijuana Defense Attorneys in Mercer County New Jersey

Marijuana Possession Attorneys Lawrence NJAnother marijuana possession case dismissed for one of the clients of the Law Office of Proetta & Oliver. Mr. Oliver, one of the firms founding partners, just resolved a marijuana possession case wherein which it was alleged that their client was in possession of marijuana under 50 grams. The charges stemmed from what the arresting officer was claiming was a “routine traffic stop”.  When the arresting officer approached the Defendant’s vehicle, he alleged that he saw several packages of Cigarillo’s and loose tobacco guts covering the passenger seat. The officer then when on to state in his reports that the Defendant was acting “extremely nervous” when being asked “routine” questions. Based on the Defendant’s alleged nervousness and the readily apparent “drug paraphernalia” located on the passengers seat, the officers asked the Defendant to step outside the vehicle for further questioning. When outside the vehicle, the officer sought permission from the Defendant to search the interior of the vehicle. When the Defendant refused to give consent, the officer’s claimed that they had probable cause to search the vehicle regardless of the Defendant’s consent. A search of the Defendant’s vehicle was conducted. Located inside the vehicle was several empty baggies alleged to at one point in time contained marijuana. Based on the baggies, the Defendant was placed under arrest. Furthermore, a search incident to arrest revealed that the Defendant had several grams of marijuana located in his sock.Read More

TRO Dismissed in Mercer County NJ

Mr. Oliver from our office just resolved a case a Temporary Restraining Order in the Mercer County Superior Court last week. Our client was the Defendant and issued a Temporary Restraining Order in Ewing Township. Once Mr. Oliver and the client met and discussed the facts of the case, it was apparent that the plaintiff was going to have serious proof issues. Mr. Oliver was able to recover countless text messages, emails and phone call records which exploited serious misconceptions in the plaintiff’s version of events. Furthermore, it became apparent through the text messages that the plaintiff had other ulterior motives when it came to obtaining the Temporary Restraining Order, which is one thing that the court system does not take kindly. When a plaintiff is using the TRO as “a sword as opposed to a shield”, the court system gets very irritated fast. In other other words, the court really frowns upon a situation where in which the plaintiff is simply seeking a TRO for means other than that they truly fear the Defendant.Read More

Graves Act Waiver Secured & Defendant Accepted into PTI in NJ

Gun Charges Defense Lawyer in Mercer County New JerseyAn attorney at Proetta & Oliver was able to obtain a Graves Act waiver for one of his clients earlier this year. As a result of the waiver, the Defendant was able to be accepted into the Pretrial Intervention Program (PTI) on an unlawful possession of a weapons charge. The case arises out of a motor vehicle stop where the Defendant was alleged to have been driving erratically. After being placed through several field sobriety tests, the Defendant was arrested and charged with driving while intoxicated. He was brought to the police station, processed and was awaiting the arrival of his sober driver pursuant to John’s Law. When the sober driver, his wife, arrived, she allegedly immediately request to know whether or not the Defendant had his gun on him. As a result of alleged conversation, the officers went back to the holding cell to question the Defendant about the alleged gun. It is at this point in time that the Defendant allegedly admits that there is a 9mm handgun located underneath the drivers seat of his motor vehicle. The Defendant was now formally charged with the following: Read More