Sample of Recent Cases

1st Degree Intent to Distribute Drugs: State v. W.C. (Essex County) Client was charged with Heroin found in the car she was driving. Cross-examination at trial established that the packaging and manner of transport was inconsistent with her possession. Alternative theories convinced the jury. Not guilty all counts.

1st Degree Operating a Manufacturing Facility and Intent to Distribute Drugs: State v. A.F. (Ocean County) Client was charged with Operating a Manufacturing Facility and 2nd degree Intent to Distribute. Our investigation revealed that the DEA, State Police, County Drug task Force and local police entered the client’s home on a pretext and the reports were inaccurate. In addition, the AG presented evidence to the Grand Jury that we showed was false. Although client had a prior vehicular homicide conviction all charges were dropped and client pleaded to possession of pills with no jail time.

1st Degree Aggravated Sexual Assault: State v. R.R. (Monmouth County) Client was charged with sexual assault on a child. At trial, the State’s expert indicated the medical evidence corroborated the child story. Pretrial Motion for the medical literature upon which the expert relied had been granted. On cross examination these studies showed the expert’s opinion was wrong and biased. Pretrial Motion for DYFS records had also been granted and showed witnesses gave a different version of events. Witnesses were shown not credible on cross examination. Not guilty of aggravated sexual assault.

1st Degree Aggravated Sexual Assault: State v. D.L. (Union County) Client was charged with rape. Investigations and cross examination established that event either did not happen or was consensual. Jury acquitted client of all serious charges. Motion for New Trial for prosecutorial misconduct on the 4th contact conviction was granted. That charge was dismissed as well.

Theft and Official Misconduct: State v. L.B. (Essex County) Client was charged with theft from a government fund. Her prior attorney had her plead guilty to a lesser charge that would have forfeited her pension. We substituted into the case. Motion was made and won to withdraw the guilty plea. Intensive investigation of receipts and expense reports developed a defense that nothing was actually taken. Jury returned in 23 minutes not guilty all counts.

1st Degree Murder: State v. P.T (Essex County) Client was charged with Murder, Attempted Murder and weapons charges. Investigation revealed that the perpetrators’ clothes did not fit P.T. We found a video of the perpetrators walking on the street passed a sign which showed their height was less than our client. Our retained expert analysis of P.T.’s phone showed calls from a distant tower. GPS information showed the facility was not by the murder scene. Statements of the end callers showed P.T. was using the facility. We forced DNA testing of the perpetrator’s clothing by motion. P.T.’s DNA was not found. Despite all this the Judge refused to dismiss. More motions were made for spoliation of evidence when we discovered fingerprint testing was “lost”. That was the final straw and Murder, Attempted Murder and weapons charges were dismissed. Client pleaded to giving a false statement to police. Sentence fines only no probation.

2nd Degree Fraud, $4M: State v. A.P. (Union County) Client was a regional sales representative for a large company. It was discovered that a vender was fabricating invoices from that region that generated 7 figure rebates. Our investigation revealed that the client was incapable of conspiring with the vender during the period alleged in the State’s proofs. All charges dismissed.

2nd Degree Fraud, $400K: State v. A.B. (Union County) Client was charged with high six figure fraud by obtaining a mortgage in violation of corporate rules and giving false information to the lender. Our investigation revealed that the signature on the mortgage was forged. We were able to obtain airport video and custom tapes showing that our client was inflight at the time the signature on the proceeds check was affixed. All charges dropped.

2nd degree Fraud: State v. G.M. (Bergen County) Client was charged in a conspiracy to process fraudulent insurance claims. Our investigation revealed that the claim agent had agreed with the claims and authorized them independently. We proved the entire allegation was based on insurance company internal machinations. All charges dropped.

1st Degree Aggravated Sexual Assault: State v. J.R. (Ocean County) Client was charged with sexual assault of a nephew. Extensive investigation established the child’s version unlikely. Motion for DYFS records uncovered that the child was diagnosed as a compulsive liar. Client could not testify because of two prior convictions. Cross examination at trial brought out the evidence described above. Not guilty all counts.

2nd degree Bias Crime: State v. M.A. (Bergen County) Client was charged with threatening to destroy a Mosque. Homeland Security became involved and the County prosecutor. Our investigation revealed that the SnapChat message was not seen by anyone making the allegations, which were all therefore hearsay. In addition foreign language experts we retained established that the message was vague at best. The County dismissed the indictable offenses and downgraded. A Motion to Dismiss at that level caused the downgraded charges to be dismissed as well.

1st Degree Intent to Distribute Drugs and Manufacturing Facility: State v. A.F. (Hunterdon County) Client was charged with Maintaining a Manufacturing Facility when police found a field of Marijuana. Our Motion to Dismiss argued that “facility” was meant by the legislature to be a laboratory and not an open field. Motion to Dismiss granted.

DWI 3rd Offense: State v. G.P. (Union, NJ) Client faced a third DWI. His second was 9 years before and the first 9 years before that. Defense of the new DWI was problematic. However, investigation of the two prior DWIs revealed that the attorney on his second DWI provided so little assistance that a manifest injustice was established. The second DWI was vacated which created a 10 year gap between the first DWI therefore he was sentenced as a first offender. No jail instead of a mandatory 180 days and only a one year suspension instead of 10 years.

DWI 3rd Offense: State v. A.D. (Linden, NJ) Client was found in a vehicle on the turnpike intoxicated. He indicated his wife drove him there and left after an argument and was picked up by her sister. Affidavits attesting to these facts were corroborated by ez pass records and cell phone logs. Case was dismissed.

DWI 3rd Offense: State v. D.D. (Freehold, NJ) Client was involved in an accident that was not his fault. He exhibited symptoms of intoxication. Hospital records and medical experts showed he had a medical condition that looked like intoxication but was not. DWI dismissed.

DWI 2nd Offense: State v. G.R. (Elizabeth, NJ) Client was a wounded vet. VA records showed he could not blow sufficient breath to fill the cuvette. His injuries also precluded FST. A previous attorney had not shown these documents and he was convicted. This case was dismissed and a pending criminal charge (see below) was also dismissed.

2nd Degree Endangering a Child/DWI: State v. G.R. (Middlesex County) Client was charged with endangering because of driving while allegedly DWI. His attorney counseled pleading to prison time. We substituted into the case. Motion to Dismiss claimed that client was incapable of performing FST and incapable of providing samples for the Alco-Test. (same issue as Elizabeth case above). Without the DWI the only issue was speeding. Client was allowed to enter PTI.

3rd Degree Assault by Auto: State v. K.G. (Morris County) Client was involved in an accident with injury. She was suspected of DWI with drugs. Out investigation reveal that all drugs were prescription and the levels found in her blood were not at a level to cause intoxication. FST were inconclusive because of air bag deployment. A DRE was not use by the State and therefore drug intoxication could not be proven. DWI enhanced assault was dismissed. DWI transferred to Municipal Court. DWI was dismissed at that level.

1st Degree Attempted Murder: State v. A.D. (Sussex County) Client entered a home and shot a man with an assault rifle. Victim indicated it was a home invasion. Our investigation of cell phone data revealed that our client and the female resident were conversing hours before the alleged home invasion and for some weeks before. We established that our client suffered from severe psychological problems and was denied his medication by Disability for some time. The State could not prove the intent necessary for attempted murder. In addition, the assault rifle was shown not to qualify as such under the N.J. code. Attempted Murder and Weapons charges were dropped.

1st Degree Kidnapping and Armed Robbery: State v. R.E. (Salem County) Client was charge with three armed robberies and a kidnapping. Our investigation found ATM video tapes that contradicted the victim’s version. We demanded police radio recordings and CAD records which revealed police inaccuracies regarding the search warrant at client’s home. State dropped kidnapping and two robberies. Client pleaded to the minimum of one second degree offense.

1st degree Kidnapping: State v. R.D. (Middlesex County) Client was a foreign national involved in a bitter domestic litigation. Client conducted a search for their child and discovered her at a school. Client follow the school bus to obtain the address of the mother. Client was charged with stalking and attempted Kidnapping. Our investigation established ex-wife took their child in violation of foreign court order. Witnesses were provided to the State that contradicted the wife’s version of events. Grand Jury no-billed.

DWI: State v. D.I. (Edison, N.J.) Client was charged with DWI. Drugs were suspected. DRE opined the intoxicant was a depressant since such pills were found in the vehicle. Laboratory report revealed presence of different drug. A family member had the pills found under prescription. All charges dropped.

DWI 2nd offense: State v. M.B. (Bridgewater NJ) Client was charged with DWI after an accident. Drug use was suspected. Motion work suppressed the laboratory results and the DRE rolling log was not established. FST were inconclusive. DWI dismissed.

DWI 2nd Offense/Leaving the Scene of Accident with Injury: State v. JT (Roselle Park NJ) Client was a high ranking officer in a government department and was involved in an accident. Investigation established that the police officers did not observe the client while in the station. The BAC readings were therefore suppressed. On cross examination at trial the police could not distinguish between the accident related injuries and other FST performance. DWI dismissed. The witnesses to the accident would not testify to leaving the scene for technical reasons. Client pleaded to not reporting an accident. No points, no suspension.

1st Degree Armed Robbery: State v. D.A. (Union County) Client was charged with three armed robberies. Investigation revealed that one victim was communicating with him and owed him money. She gave him her phone and told her mother it was stolen in a robbery. Video from a nearby High School also corroborated our client’s version. Video from a gas station revealed the second victims were less than truthful and text records also showed that a robbery did not take place. The third robbery was reduced after Motion to remove the knife from the case was granted. Three robberies dismissed, one theft left.

2nd Degree Fraud: State v. L.B. (Middlesex County) Client was a bank employee. He revealed customer information to a thief posing as the customers. He was charged with conspiracy. Our investigation and examination of hours of taped phone conversations established that the thief and our client were not in a conspiracy. All serious charges were dismissed, client entered PTI because the information was revealed in violation of bank procedures.

2nd Degree Distribution of Drugs: State v. M.D. (Middlesex County) Client was charged with intent to distribute a large quantity of drugs brought from NY found in his car. Police intercepted him based on the information from a CI. Our investigation established that the CI was part of the conspiracy and as a police agent entrapped our client. Motion to reveal the name of the CI and his involvement resulted in the State dropping all charges.

1st Degree Attempted Murder: State v. C.L. (Middlesex County) Client was charged with attempting to murder his wife. Client said she was unstable and jumped from his moving car inflicting the wounds on herself including a vicious biter mark on her arm. Our investigation uncovered a witness that corroborated the client’s version of events. Two expert forensic dentists we retained opined the bite marks were not from the client’s teeth. A forensic expert we retained opined that the injuries were “road rash” and not from the client. Jury acquitted all charges.

2nd Degree Official Misconduct: State v. A.G. (Union County) Client was a fire captain charged with impersonating a police office to stop two cars. Case was acquired after Motions to Dismiss by another attorney failed. Motion to Reconsider the denial also failed. However additional Motions to assert affirmative defenses of mistake of fact and law, together with discoveries of further investigations caused the State to dismiss the two 2nd degree charges. Trial on the remaining charges ended in full acquittal.

3rd Degree $60,000 theft: State v. C.S. (Essex County) Client was a nurse who misappropriated funds in her possession. Extenuating circumstances were presented and client was allowed into PTI. Nursing Board also did not terminate her license.

DWI degree Assault by Auto: State v. F.R. (Middlesex County) Client was DWI and caused an accident with severe injuries. Application for PTI was denied but appeal overturned the State’s rejection. Reasoning was based on a prior DWI in Georgia. Our investigation showed the Georgia charge was not a conviction.

2nd Degree Intent to Distribute Drugs: State v. M.B. (Passaic County) Client was found with CDS hidden in a tire inside his truck. Motion to Suppress contested the constitutionality of the search and delay for a dog sniff. The prospect forced the State to reduce charges and run the remaining charges concurrent with another case in Essex County.

1st Degree Armed Robbery: State v. T.H. (Bergen County) Client was charged with a NERA offense. Our investigation of video tapes established that she was present but not the main perpetrator. Charges were lessened and sentence was reduced to the absolute minimum.

Intent to Distribute Drugs 1000’ from School Drugs: State v. T.T. (Passaic County) Client was stopped with CDS in his car. Our investigation established that much of the CDS was prescription and the remainder was for personal use. Measurement from the school also established the location was outside the 1000’ zone. Case was downgraded to Municipal Court.

Intent to Distribute Drugs 1000’ from school, 500’ from Park, 2nd Degree Drugs: State v. K.S. (Middlesex County) Client was found asleep in a parking lot with CDS all about the car. Our investigation established the car was in the far corner of the lot and outside the 500’ zone. Our investigation established the “school” was owned by Rutgers and not a school board and therefore was not in violation of the statute. Charges were reduced and prison time completely avoided.

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Mark M. Cheser

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