Case Highlights

Joseph A Levin

Murder/Assault*

State v. A.T. – Vehicular Homicide – “Not Guilty” Verdict. In State v. A.T., A.T. was charged with vehicular homicide, arising out of a collision between A.T.’s car and a juvenile bicyclist, after which the bicyclist passed away. Mr. Levin successfully asserted that, despite A.T.’s blood alcohol content of .16 (two times the legal limit), A.T. was not the legal cause of the tragic accident. At the conclusion of the two-week jury trial, A.T. was found “not guilty” of vehicular homicide.

State v. M.J.G. – Murder – Motion to Dismiss Granted.
M.J.G. was charged with first-degree murder and weapons offenses in the New Year’s Day stabbing death of the decedent in Atlantic City. Mr. Levin successfully litigated a motion to dismiss the indictment; the Court ruled that the State had misled the grand jury and had failed to present exculpatory evidence. After re-presentment, Mr. Levin prevailed in other motions, ultimately resulting in the dismissal of the murder charge and in the resolution of the matter with a plea to manslaughter in exchange for a five-year prison sentence.

State v. A.S. – Murder, Carjacking and Robbery
 – “Not Guilty” Verdict. A.S. was charged with murder, carjacking and robbery, arising from an alleged robbery/carjacking gone bad. Mr. Weinstock asserted that A.S. was misidentified and not the perpetrator. After a three-week trial, a jury found A.S. “not guilty” of all charges.State v. S.V. – Murder and Desecrating Human Remains – Murder Dismissed/Reduced Plea. S.V. faced a murder charge, arising out of an altercation in which her boyfriend killed the victim during a “drug deal” gone bad. Mr. Weinstock got the murder charge dismissed and secured a reduced plea of five years in state prison.Commonwealth v. T.J. – Attempted Murder – “Not Guilty” Verdict. T.J. was charged with attempted murder and weapons offenses. The victim had been stabbed in the heart in broad daylight in front of a Philadelphia post office. Mr. Levin argued that T.J. was misidentified and was not the perpetrator. The jury found T.J. “not guilty” of all charges.
State v. E.S. – Aggravated Assault – “Not Guilty” Verdict. E.S., a juvenile, was charged with aggravated assault and conspiracy arising out of a fight in which the victim suffered broken bones. During the trial, Mr. Levin’s cross-examination revealed E.S.’s connection to the codefendants was tenuous. E.S. was found “not guilty” of all charges.
State v. G.R. – Aggravated Assault on the Police by a Professional Boxer – PTI Granted/Case to be Dismissed upon Completion. After winning his boxing match at Bally’s Hotel/Casino, professional boxer G.R. was charged with striking an Atlantic City Police Officer on the casino floor. After undertaking an extensive investigation, which included tracking down a multitude of witnesses and securing the raw video footage, Mr. Levin successfully negotiated a resolution in which G.R. was admitted into the Atlantic County Pretrial Intervention Program. If G.R. completes the program, the charges against him will be dismissed. Thereafter, Mr. Levin will be able to have the charges expunged (i.e., removed) from his record.State v. R.B. – Murder – Motion to Suppress Confession Granted – Murder Charge Dismissed. R.B. was charged with murder and weapons offenses in the shooting death of his daughter’s boyfriend. Mr. Levin successfully litigated a number of motions, including a motion to suppress R.B.’s confession; the Court barred the State from utilizing the confession. Prior to trial, the state offered R.B. a series of reduced plea bargains, starting with 20 years and ending with seven years. R.B. eventually accepted a plea to manslaughter for a seven-year sentence.

State v. J.C.L.M. – Murder – Murder Charge Dismissed. J.C.L.M. was charged with murder arising out of the stabbing death of the victim in Ventnor, New Jersey. Due to aggressive pre-trial investigation, Mr. Levin was able to negotiate a pre-indictment plea bargain in which J.C.L.M. pleaded guilty to manslaughter. Ultimately, J.C.L.M. received an eight-year sentence.

State v. T.G. – Murder – Murder Charge Dismissed. T.G. was charged with beating the victim, who was visiting the Atlantic City casinos, to death with a bat. After litigating numerous motions, Mr. Levin successfully negotiated a plea to manslaughter. At sentencing, T.G. received a nine-year sentence.

State v. D.P. – Aggravated Assault and Endangering the Welfare of a Child – Motion to Dismiss Granted. D.P. was charged with conspiracy to commit aggravated assault and endangering the welfare of a child. D.P.’s child had suffered serious brain trauma requiring brain surgery. Mr. Levin successfully argued a motion to dismiss the indictment. The Court ruled that there was insufficient evidence presented to the grand jury to indict D.P. D.P. was never re-indicted or re-charged with any offenses relating to her child’s serious brain injury. The case remains dismissed.

United States v. A.K. – False Information in Murder Case – Federal Diversion Granted/Case Dismissed. A.K. was charged via federal indictment in the Eastern District of Wisconsin with making materially false statements to the federal government in a case in which her paramour was charged with murder, kidnapping, conspiracy and related offenses. A.K.’s paramour had kidnapped the victim in New Jersey and then transported the victim to Wisconsin, where the paramour killed the victim. Mr. Levin successfully litigated a motion to sever and to transfer A.K.’s case back to the District of New Jersey. Thereafter, Mr. Levin successfully negotiated a cooperation agreement. At the conclusion of the case, A.K. was granted federal diversion, after which A.K.’s case was dismissed.

L.W. v. J.W. – Domestic Violence – Application for Final Restraining Order Denied. L.W. alleged that J.W., a state police officer, physically assaulted her, verbally threatened her and intentionally pointed a firearm at her. After a full hearing, Mr. Levin successfully argued that the request for a Final Restraining Order be denied. The Court denied the request of a Restraining Order and dismissed the matter.

S.K. v. C.R. – Domestic Violence – Application for Final Restraining Order Denied. S.K., a lawyer, sought a Final Restraining Order against C.R., her client. After a full hearing, Mr. Levin successfully persuaded the Court to deny the application for a Final Restraining Order and dismiss the matter. S.K. appealed. Mr. Levin filed briefs and appeared for oral argument, after which the Appellate Division affirmed the denial of the Restraining Order and the dismissal of the matter.

S.L. v. D.C. – Domestic Violence – Final Restraining Order Denied. S.L. claimed that D.C., a United States Marine, had physically and verbally abused her. At the hearing, Mr. Levin successfully demonstrated by utilizing videotape, telephone calls and text messages that D.C. was innocent of the charges. As a result, the Court denied the request for a Final Restraining Order and dismissed the matter.

T.M. v. F.D. – Domestic Violence – Final Restraining Order Granted. After a lengthy history of abuse, T.M. filed for a Final Restraining Order against F.D. After a hearing, Mr. Levin secured a Final Restraining Order for T.M., thereby protecting her from further abuse.

* Results may vary depending on your particular facts and circumstances.

Robbery/Theft*

Commonwealth v. K.S. – Attempted Murder, Carjacking, Robbery – “Not Guilty” Verdict. K.S. was charged with attempted murder, carjacking, robbery, possession of a firearm and related offenses in a shooting at the University of Pennsylvania. Although the student-victim identified K.S. as the perpetrator and the police maintained that the jacket worn in the incident was recovered from K.S.’s apartment, Mr. Levin successfully employed a misidentification defense and, with the help of his investigator, located two, neutral, independent eyewitnesses, both of whom testified that K.S. was not the perpetrator. At the conclusion of trial, the jury found K.S. “not guilty” of all charges.

Commonwealth v. E.C. – Gunpoint Robbery – “Not Guilty” Verdict. E.C. was charged with gunpoint robbery and related offenses. Although identified by the victim, Mr. Levin successfully utilized a misidentification defense with respect to E.C. and the handgun in E.C.’s possession. Since the victim identified the handgun as a black, 9-millimeter, semi-automatic Glock, and since E.C. was arrested with a silver revolver, Mr. Levin argued that E.C. was not the perpetrator. The jury found E.C. “not guilty” of all charges.

State v. D.S. – Robbery First-Degree – Robbery Charge Dismissed – Reduced Plea Bargain. D.S. faced a charge of first-degree robbery of a gas station. Mr. Weinstock got the robbery charges dismissed and secured a downgrade of third-degree conspiracy for which D.S. received non-custodial probation and no jail time.

State v. J.D. – Gunpoint Robbery – “Hung Jury.” J.D. was charged with first-degree robbery. Mr. Weinstock asserted that J.D. was not the perpetrator due to misidentification. Mr. Weinstock successfully employed a fabrication defense and challenged the credibility of the state’s witnesses. Despite the testimony, and despite the confession of J.D., the jury was unable to reach a verdict, leading to a mistrial.

State v. M.G. – Robbery – “Hung Jury.” M.G. retained Mr. Levin on the eve of trial to defend him against allegations that he had beaten the victim and taken her bag as she walked off the Wildwood Boardwalk. At trial, the State admitted M.G.’s confession. Mr. Levin argued that M.G. had no intent to commit a robbery. At the end of the trial, the jury was unable to reach a verdict and a mistrial was declared.

State v. R.P. – First-Degree Robbery – Motion to Suppress Out-Of-Court Identification Granted/Reduced Plea. R.P. was charged with first-degree robbery. Mr. Weinstock filed a motion to suppress out-of-court identifications, successfully contending that the Wildwood Police detectives failed to follow proper attorney general guidelines. As a result, the out-of-court identifications of R.P. were tainted. After six days of testimony, the court granted the motion and suppressed the out-of-court identifications. Mr. Weinstock obtained a reduced plea of third-degree conspiracy.

State v. J.D.M. – Theft by Casino Executive of Intellectual Property Valued by Casino at over $100,000,000.00 – Dismissed. J.D.M. was accused of conspiring to take a customer list, which casino experts valued as worth more than $100,000,000.00. After the filing of numerous pretrial motions, Mr. Levin was able to secure J.D.M.’s admittance into the Atlantic County Pretrial Intervention Program. After J.D.M.’s successful completion, the charges were dismissed. Thereafter, the charges were expunged (i.e., removed) from J.D.M.’s record.

State v. S.P. – Theft from the Casinos – Reduced Plea Bargain. The state described the case as an “Ocean’s Eleven-style caper” and accused S.P. and the co-defendants of attempting to cheat the casinos out of large amounts of money by rigging the casinos with electronic surveillance equipment. Through aggressive representation, Mr. Levin was able to secure a downgrade for S.P.; S.P. received a suspended sentence and served no jail time.

State v. J.J. – Theft – Case Dismissed. J.J. was charged with stealing more $15,000 from a patron at the Borgata Casino. Mr. Weinstock conducted a thorough investigation of the allegations and secured a dismissal of the case.

State v. A.S. – Piracy by Atlantic City Government Supervisor – Dismissed. A.S., an employee of the City of Atlantic City, was charged with violating the New Jersey Anti-Piracy Act by selling pirating recordings of movies and music. Mr. Levin successfully argued a motion to dismiss the indictment. The Court ruled that the State had failed to produce sufficient evidence to sustain the charges. The case was dismissed, after which A.S. returned to his government position.

State v. B.S. – Burglary, Theft and Employing a Juvenile – PTI Granted/Case Dismissed. B.S. faced charges of burglary, theft and employing a juvenile in two counties — Atlantic and Gloucester. Mr. Weinstock consolidated both cases/indictments in Atlantic County and convinced the prosecutor to waive the mandatory state prison sentence, dismiss all of the second-degree charges and consent to B.S.’s admission to the Pretrial Intervention Program. Upon successful completion of the program, B.S.’s case will be dismissed. She will then be eligible to have the case expunged from her record.

State v. A.J. – Theft – Reduced Plea Bargain. A.J. was charged with several counts of theft after attempting to cash a fraudulent check at a bank. Mr. Weinstock secured a downgrade for A.J. and resolved the case for a non-custodial suspended sentence in which A.J. served no jail time.

State v. S.L. – Shoplifting – “Not Guilty” Verdict. S.L. was charged with shoplifting from Sears Department Store. Mr. Levin successfully argued that S.L. had no intent to deprive the store of any items. Rather, S.L. had been shopping, had become distracted by her children and had not realized that certain items had slid from her cart into her children’s bag. S.L. was found “not guilty” of all charges.

Shoplifting v. M.S. – Shoplifting – “Not Guilty” Verdict. M.S. was charged with shoplifting from his employer. At trial, Mr. Levin successfully argued that the employer had retaliated against M.S. for his reporting misconduct and that M.S. had no intent to take any items from the employer’s store. M.S. was found “not guilty” of all charges.

* Results may vary depending on your particular facts and circumstances.

Sexual Assault*

State v. J.S. – Aggravated Sexual Assault – “Not Guilty” Verdict. J.S. was charged in an eighteen-count indictment with multiple counts of aggravated sexual assault, sexual assault and related offenses predicated on sexual abuse allegations by his stepdaughter. At trial, Mr. Levin successfully utilized a fabrication defense. The jury found J.S. “not guilty” of all charges.

State v. M.T. – Sexual Assault – “Not Guilty” Verdict. M.T. was charged with sexual assault and related offenses arising out of alleged-sexual contact with his daughter while he was bathing her. Mr. Levin successfully argued that M.T.’s actions were not sexual in nature and were misinterpreted. At the conclusion of trial, M.T. was found “not guilty” of all sexual offenses, resulting in M.T.’s immediate release from custody.

State v. J.W. – Aggravated Sexual Assault – Case Dismissed. J.W. was charged with aggravated sexual assault. After conducting a thorough investigation and preparing the case for trial, Mr. Weinstock secured a dismissal of all charges.

State v. B.D. – Carjacking, Aggravated Assault, Aggravated Sexual Assault and Endangering the Welfare of a Child – All First- and Second-Degree Charges Dismissed – Reduced Plea Bargain. B.D. faced two separate indictments with numerous first- and second-degree crimes, including carjacking, aggravated sexual assault and aggravated assault. Mr. Weinstock got all of the first- and second-degree charges dismissed or downgraded and secured a downgrade for third-degree endangering the welfare of a child.

State v. A.G. – Aggravated Sexual Assault by Police Officer – Conviction Reversed by the New Jersey Supreme Court and Certiorari Denied by United States Supreme Court. A.G., a Bridgeton police officer, while represented by another attorney, had been unjustly convicted of aggravated sexual assault and had been sentenced to eleven years in prison. Based upon the hard work of Mr. Jacobs and Mr. Levin through the appellate process, during which Mr. Levin wrote all of the legal briefs, the New Jersey Supreme Court reversed the unjust conviction and remanded the matter for a new trial. The New Jersey Supreme Court decision is published at 177 N.J. 147 (2003). Thereafter, Mr. Levin successfully procured a dismissal of all of the sex offenses; A.G. pleaded guilty to a minor charge of having consensual sexual relations while on duty. Mr. Levin then successfully petitioned the New Jersey Pension Board and the Board reinstated the officer’s pension.

Investigation of H.K. for Alleged Sexual Assault – Innocence Proven/ No Charges Filed/ Case Dismissed. A co-worker accused H.K. of sexual assault at the workplace. Mr. Weinstock worked with the Cape May County Prosecutor’s Office, resulting in no criminal charges filed. Subsequently, the alleged victim filed complaints with the Middle Township Municipal Court. On the trial date, Mr. Weinstock got the municipal prosecutor to dismiss the case. In the end, H.K. was vindicated.

Investigation of E.R. – Investigation into Sexual Assault by City Councilman – Innocence Proven/No Charges Filed. Atlantic City Councilman E.R. was approached by an unknown individual, who demanded that E.R. resign from City Council. If E.R. refused, then the individual threatened to release surreptitiously recorded videotape of a sexual nature. When E.R. did refuse, E.R. publicly was accused of having unlawful sexual relations with a minor, as reported in national and local media outlets. After being hired, Mr. Levin held press conferences to refute the baseless charges brought by E.R.’s political rivals. Thereafter, Mr. Levin and E.R. cooperated with agents from the Federal Bureau of Investigation and investigators from the Atlantic County Prosecutor’s Office during their investigation. In the end, E.R. was completely vindicated and members of the opposing political faction were charged, convicted and sentenced to prison for their participation in the scheme to blackmail E.R.

State v. R.C. – Double Aggravated Sexual Assault – “Hung Jury.” When represented by another attorney, R.C. had been convicted of aggravated sexual assault and related offenses for allegedly sexually abusing his two stepdaughters, after which he was sentenced to thirty-four years in State Prison. The Appellate Division reversed the conviction and ordered a new trial. Mr. Levin was hired for the retrial. At trial, Mr. Levin successfully employed a fabrication defense and challenged the credibility of the State’s witnesses. Despite the testimony and despite the confession of R.C., the jury was unable to reach a verdict and a mistrial was declared.

State v. M.W. – Sexual Assault – “Hung Jury.” M.W., a captain in the United States Army, was accused of sexual assault arising out of his alleged-consensual sexual relations with a minor. Despite M.W.’s confession, Mr. Levin successfully utilized a fabrication defense. At the conclusion of trial, the jury was unable to reach a verdict and a mistrial was declared.

* Results may vary depending on your particular facts and circumstances.

Drugs and Guns*

State v. A.M. – Drug Distribution – “Not Guilty” Verdict. A.M. was charged with possession with intent to distribute cocaine and possession of cocaine. Mr. Levin successfully argued that A.M. had no intent to distribute the cocaine. As a result, the jury found A.M. “not guilty” of the distribution charge. Thereafter, A.M. appealed his conviction on the possession charge, and the Appellate Division reversed the conviction and remanded the case for a new trial on that charge. Mr. Levin then successfully procured a dismissal of the possession of cocaine charge.

State v. P.M. – Drug Distribution (50 Pounds of Marijuana – First-Degree) – “Not Guilty” Verdict (Partial). P.M. faced a charge of first-degree possession with intent to distribute more than 50 pounds of marijuana arising out of a police investigation based on an anonymous tip. Mr. Weinstock asserted that P.M. did not possess the alleged marijuana. After a three-week trial, a jury found P.M. “not guilty” of first-degree possession with intent to distribute, but guilty of the lesser included conspiracy charges.

State v. K.G. – Drug Distribution – Motion to Suppress Granted/Case Dismissed. K.G. was charged with possession with intent to distribute more than ten ounces of cocaine and related offenses. Mr. Levin filed a motion to suppress, successfully asserting that the police officers searched K.G.’s car without a search warrant in violation of his federal and state constitutional rights. The Court granted the motion to suppress. As a result, the case was dismissed in its entirety.

State v. B.E. – Drug Distribution – Motion to Suppress Filed/Case Dismissed. B.E. faced a charge of possession of cocaine with intent to distribute and numerous related drug offenses arising out of a traffic stop in which police recovered cocaine. Mr. Weinstock filed a motion to suppress in the Superior Court of New Jersey in Cape May County. Prior to filing their response, the state dismissed all charges against B.E.

State v. R.S. – Drug Distribution – Motion to Dismiss Granted (Twice). R.S. was charged with possession with intent to distribute cocaine. Due to the lack of a connection between R.S. and the cocaine, Mr. Levin successfully procured the dismissal of all charges. Subsequently, the State re-indicted R.S., and the case was placed on the trial list. Before trial, the case again was dismissed for lack of evidence. The case remains dismissed.

State v. J.D. – Conspiracy to Distribute More Than 25 Pounds of Marijuana – Reduced Plea Bargain. J.D. faced a charge of conspiring to distribute more than 25 pounds of marijuana. Mr. Weinstock secured a downgrade for third-degree conspiracy for which J.D. received non-custodial probation and served no jail time, despite the mandatory state prison sentence required under the statute.

State v. P.C. – Gun and Drug Distribution – Motion to Suppress Granted/Case Dismissed. P.C. was charged with possession of a handgun by a convicted felon, possession of cocaine with intent to distribute in a public zone, and numerous related weapons and drug offenses. Mr. Levin filed a motion to suppress, successfully contending that the police officers stopped P.C. without reasonable and articulable suspicion, and thereafter searched his hotel room without probable cause, without a warrant and without an exception to the warrant requirement in violation of his federal and state constitutional rights. The Court granted the motion and suppressed the evidence. The case was dismissed.

State v. A.N. – Drug Distribution and Unlawful Possession of a Handgun – Case Dismissed. A.N. faced a charge of unlawful possession of a handgun, possession of a handgun by a convicted felon, possession of heroin and cocaine with intent to distribute and numerous related weapons and drug offenses. Mr. Weinstock convinced the prosecutor to dismiss the case against A.N.

State v. A.J. – Unlawful Possession of a Handgun by a Convicted Felon – Gun Charges Dismissed. A.J. was charged with unlawful possession of a handgun by a convicted felon. Mr. Levin filed and litigated a motion to dismiss the indictment, successfully arguing that the evidence was insufficient to demonstrate that A.J. constructively possessed the handgun. The gun charges were dismissed, after which the State chose not to represent the charges to the grand jury.

State v. S.P. – Unlawful Possession of Handgun – PTI Granted/Case Dismissed. S.P. was charged with unlawful possession of a handgun, which carries a mandatory sentence of five years incarceration in the New Jersey State Prison with a three-year period of parole ineligibility. S.P. had driven to New Jersey to gamble, parked his car and left his gun therein. Mr. Levin successfully filed an application with the Atlantic County Prosecutor to waive the mandatory state prison sentence and to procure S.P.’s admittance in the Atlantic County Pretrial Intervention Program. The prosecutor granted the application, waived the mandatory prison sentence and consented to S.P.’s admission to the Pretrial Intervention Program. Upon successful completion of the program, S.P.’s case will be dismissed. He then will be able to have the case expunged (i.e., removed) from his record.

State v. A.B. – Unlawful Possession of Handgun – PTI Granted/Case Dismissed. A.B. was charged with unlawful possession of a handgun when he brought a loaded handgun to the casinos. Although the charge usually carries a mandatory state prison sentence of five years with a three-year period of parole ineligibility, Mr. Levin successfully filed an application with the Atlantic County Prosecutor, who waived the prison sentence. Mr. Levin then procured A.B.’s admittance in the Atlantic County Pretrial Intervention Program, after which the case was dismissed and then expunged (i.e., removed) from A.B.’s record.

State v. C.M. – Unlawful Possession of Handgun – Case Dismissed. C.M. was charged with unlawful possession of a handgun arising out of the police officers’ recovery of a handgun in a car. Mr. Levin successfully obtained a dismissal after demonstrating that the handgun belonged to another person.

State v. J.B. – Drug Possession – Motion to Suppress Granted/Case Dismissed. J.B. was charged with possession of under fifty grams of marijuana, arising out of traffic stop in which marijuana was recovered by police officers in the center console of a car. Mr. Levin initially argued a motion to suppress in the Margate Municipal Court, which the Court denied. Mr. Levin successfully appealed to the Superior Court of New Jersey – Law Division, Criminal Part (Atlantic County), where the Court reversed and granted the motion to suppress. As a result, the case was dismissed.

State v. G.K. – Drug Possession – Motion to Suppress Granted/Case Dismissed. G.K. was charged with possession of under fifty grams of marijuana based upon the police officers’ recovery of marijuana in G.K.’s car during a traffic stop. Mr. Levin successfully filed, argued and won a motion to suppress. The crux of the motion was that the police violated G.K. by searching his car without a warrant and without an exception to the warrant requirement. The case then was dismissed.

State v. Q.T. – Gun and Drug Distribution – Motion to Suppress Granted/Case Dismissed. Q.T. faced charges of possession of a handgun by a convicted felon, possession of cocaine with intent to distribute and numerous related weapons and drug offenses. Mr. Weinstock filed a motion to suppress, successfully contending that the police searched his book bag without probable cause, without a warrant and without an exception to the warrant requirement in violation of his federal and state constitutional rights. The court granted the motion and suppressed the evidence. A judge dismissed the case.

State v. D.H. – Unlawful Possession of a Handgun – Motion to Suppress Filed/Case Dismissed. D.H. was charged with unlawful possession of a handgun arising out of a police investigation and search of a motor vehicle. Mr. Weinstock successfully obtained a dismissal after demonstrating that the handguns recovered belonged to another person and there was insufficient evidence to prove constructive possession. A judge dismissed the case.

State v. D.R. – Unlawful Possession of a Handgun – Jury Selection/Case Dismissed. D.R. faced a charge of unlawful possession of a handgun arising out of an altercation in which D.R. was alleged to possess a handgun. After filing several pre-trial motions and preparing the matter for trial, Mr. Weinstock obtained a dismissal. Ultimately, there was insufficient evidence to prove actual or constructive possession of the weapon. A judge dismissed the case.

State v. R.B. – Burglary (Second-Degree) and Unlawful Possession of a Handgun – Motion to Dismiss and Amend Counts of the Indictment Granted/Drug Court Plea. R.B. faced charges of second-degree burglary and unlawful possession of a handgun. Mr. Weinstock filed a motion to dismiss the count of the indictment, alleging unlawful possession of a weapon as well as amend the count alleging second-degree burglary. The court granted the motion and dismissed the count alleging unlawful possession of a weapon and amended the count alleging second-degree burglary to third-degree burglary. As a result, the prosecutor consented to R.B.’s application into the drug court program and waived the mandatory state prison term required under the statute.

State v. J.W. – Gun Forfeiture – State’s Application to Forfeit Client’s Guns Denied. The State moved to forfeit J.W.’s guns based upon allegations that J.W., a state police officer, pointed his handgun at L.W. and threatened to physically harm her. Mr. Levin successfully contested the State’s application, argued that L.W. was not credible and procured the return of J.W.’s handguns.

State v. R.B. – Gun Forfeiture – Motion to Return Client’s Guns Granted. R.B., a former member of the United States Marines and United States Army, who had honorably served our country in combat in Iraq and Afghanistan, was stripped of his right to bear arms. Mr. Levin successfully moved to have R.B.’s right to bear arms reinstated, resulting in the return of R.B.’s guns.

State v. N.E. – Appeal of Denial of Right to Possess Firearm – Appeal Granted/Client Right to Bear Arms Restored. N.E. applied for a firearms identification card in order to possess firearms in Ocean City, New Jersey. The Chief of Police denied the application and determined that N.E. should not be permitted to own weapons. Mr. Levin successfully appealed the denial to the Superior Court, which granted N.E. his firearms identification card and reinstated N.E.’s right to bear arms.

* Results may vary depending on your particular facts and circumstances.


Driving While Intoxicated*

State v. A.G. – Driving While Intoxicated – Case Dismissed. A.G. was charged with driving while intoxicated. Mr. Weinstock demonstrated that A.G. was not operating the vehicle at the time of her arrest. Mr. Weinstock also was able to have her statement suppressed because law enforcement failed to read her the Miranda warning. The judge dismissed the case.

State v. E.D. – Driving While Under the Influence – “Not Guilty” Verdict. E.D. was charged with driving under the influence of Ambien, a prescription sleep medication. In order to properly defend E.D., Mr. Levin engaged a forensic scientist, who formerly worked as the Chief Forensic Scientist for New Jersey, Department of Law and Public Safety. At trial, the forensic scientist provided expert testimony that, at the time of driving, E.D. was not under the influence of the medication. At the conclusion of trial, Mr. Levin successfully argued that E.D. was not under the influence. The Court found E.D. “not guilty” of the driving under the influence charge.

State v. S.S. – Driving While Intoxicated and Refusal to Submit to Breath Testing – Motion to Dismiss Granted. S.S. was charged with driving while intoxicated and refusal to submit to breath testing arising out of an accident, after which the police officers suspected that S.S. was intoxicated. In order to defend S.S., Mr. Levin obtained expert reports from a board-certified pulmonologist and board-certified internist. The experts opined that S.S. was suffering from a medical condition and, as a result, was unable to generate the forceful expiratory flow necessary to complete the breath alcohol analysis. Mr. Levin successfully presented the reports, as well as other evidence, to the prosecutor and Court. The Court dismissed the driving while intoxicated and refusal to submit to breath testing charges.

State v. B.S. – Driving While Intoxicated – Case Dismissed. B.S. was charged with driving while intoxicated even though she had a blood alcohol reading below the legal limit. The state alleged that she was under the influence of narcotics at the time. Mr. Weinstock successfully argued that there was insufficient proof that B.S. was under the influence and attacked the credibility of the state’s drug recognition expert. The judge dismissed the case.

State v. J.S. – Driving While Intoxicated – Case Dismissed. J.S. was charged with driving while intoxicated even though he had a blood alcohol reading below the legal limit – the state alleged that he was under the influence of narcotics at the time. Mr. Weinstock successfully argued that there was insufficient proof that B.S. was under the influence of any foreign substance. The judge dismissed the case.

State v. L.L. – Driving While Intoxicated – “Not Guilty” Verdict. L.L. was charged with driving while intoxicated. Mr. Levin successfully asserted that L.L. was not under the influence of alcohol while driving. As a result, L.L. was found “not guilty” of the driving while intoxicated charge.

State v. J.D. – Driving While Intoxicated – “Not Guilty” Verdict. J.D. was charged with his third driving while intoxicated offense, which required a mandatory sentence of six months in jail upon conviction. Mr. Levin successfully argued that, although J.D. refused to submit to breath, urine or blood testing, J.D. was not impaired on the date-in-question. J.D. was found “not guilty” of the driving while intoxicated charge.

State v. J.D. – Driving While Intoxicated – Directed Verdict of “Not Guilty.” J.D. was charged with driving while intoxicated. Mr. Levin successfully procured a dismissal of the driving while intoxicated charge, as the court granted a directed verdict of “not guilty.”

State v. T.T. – Driving While Intoxicated – Case Dismissed. T.T. faced a driving while intoxicated charge. Mr. Weinstock demonstrated that T.T. was not the operator of the vehicle and that the state would not be able to meet its burden of proof beyond a reasonable doubt. A judge dismissed the case.

State v. M.G. – Driving While Intoxicated – Case Dismissed. M.G. was charged with driving while intoxicated. Mr. Levin engaged a forensic scientist to analyze the breath-testing machine. The forensic scientist provided expert opinion and report that opined that the machine was not operating properly. Based on the report, Mr. Levin successfully obtained a dismissal of the driving while intoxicated charge.

State v. K.G. – Driving While Intoxicated – Case Dismissed. K.G. was charged with driving while intoxicated. Mr. Levin successfully maintained that the State’s evidence was insufficient to convict K.G. The State agreed and the matter was dismissed.

State v. G.W. – Driving While Intoxicated – Case Dismissed. G.W. was charged with driving while intoxicated. Mr. Levin successfully challenged the evidence from both the breath-testing machine and the police observations. The State conceded and dismissed the driving while intoxicated charge.

State v. A.P. – Driving While Intoxicated – Case Dismissed. A.P. was charged with driving while intoxicated and refusal to submit to breath testing. Mr. Levin successfully challenged the testing procedures, demonstrating that A.P. had provided a sufficient breath sample and that A.P. was not intoxicated. The State agreed and the case was dismissed.

State v. R.B. – Driving While Intoxicated – Case Dismissed. R.B., a senior citizen, was charged with driving while intoxicated. Mr. Levin successfully challenged the State’s intoxication evidence, arguing that the police officers had mistaken R.B.’s health issues as intoxication. Ultimately, the driving while intoxicated charge was dismissed.

State v. C.M. – Driving While Intoxicated – Motion to Suppress Granted/Case Dismissed. C.M. was charged with driving while intoxicated. Mr. Levin successfully litigated a motion to suppress, contending that the police officers unlawfully stopped C.M. while he was driving in violation of his rights under the federal and state constitutions. The Court granted the motion and dismissed the case.

* Results may vary depending on your particular facts and circumstances.

Petty/Harassment/Underage Gambling*

State v. R.R. – Promoting Prostitution – “Not Guilty.” R.R., a casino employee, was charged with promoting prostitution in the casinos. Mr. Levin successfully tried the case, at the conclusion of which R.R. was found “not guilty” of all charges. Thereafter, with the assistance of Mr. Levin, R.R. was able to return to his previous job at the casino.

State v. O.P. – Assault and Harassment – “Not Guilty.” O.P., a police officer, was charged with assault and harassment when he physically removed a disorderly person from the Atlantic City Public Library. At trial, Mr. Levin successfully showed that O.P. utilized minimal, reasonable force under the circumstances. O.P. was found “not guilty” of all charges.

State v. L.L. – Alleged-Harassment by Mayor – Case Dismissed. The Mayor was charged with harassment and related offenses by his political rivals. Mr. Levin prepared the matter for trial. On the trial date, Mr. Levin successfully procured a dismissal.

State v. F.G. – Alleged-Assault and Harassment by Councilman – Case Dismissed. A City Councilman was charged with assault and harassment. Mr. Levin prepared to try the matter. On the trial date, Mr. Levin successfully secured the dismissal of all charges.

State v. E.B. – Disorderly Conduct at Casino – Case Dismissed. E.B. was charged with being drunk and disorderly at the casino. On the trial date, Mr. Levin successfully negotiated an agreement with the casino’s lawyer and the case was dismissed.

State v. M.F. – Disorderly Conduct at Casino – Case Dismissed. M.F. was charged with disorderly conduct arising out of a barroom altercation at the casino. On the trial date, Mr. Levin successfully obtained a dismissal of the charge.

State v. M.P. – Simple Assault, Harassment and Disorderly Conduct – Case Dismissed. M.P. was charged with assaulting a casino security officer and related offenses arising out of rowdy behavior after a rock concert at a casino. On the date of trial, Mr. Levin successfully procured a dismissal of all charges.

State v. M.S. – Underage Gambling – Motion to Dismiss as De Minimis Granted/Case Dismissed. M.S. was charged with underage gambling in the Municipal Court. Mr. Levin engaged a medical expert, who authored an expert report regarding M.S.’s medical issues. In addition, Mr. Levin obtained copies of M.S.’s college records, philanthropic endeavors and employment history. Mr. Levin then prepared and filed a motion to dismiss the case as de minimis in the Superior Court. Mr. Levin successfully argued the motion, resulting in the dismissal of the charge. Thereafter, Mr. Levin had the case expunged (i.e., removed) from M.S.’s record.

State v. S.S. – Underage Gambling – Motion to Dismiss as De Minimis Granted/Case Dismissed. S.S. was charged with underage gambling in the Municipal Court. Mr. Levin procured S.S.’s military records, demonstrating that he was honorably serving our country as a nuclear engineer in the Navy. Mr. Levin then prepared and filed a motion to dismiss the case as de minimis in the Superior Court. Mr. Levin successfully argued the motion, resulting in the complete dismissal of the charge.

* Results may vary depending on your particular facts and circumstances.

Appeals*

State v. R.C. – Appeal – Sentence Reduced. A jury convicted R.C. of conspiracy, criminal coercion and invasion of privacy. On appeal, Weinstock Levin successfully argued that the sentence imposed was excessive. The appellate division reversed the sentence, making R.C. immediately eligible for parole.

* Results may vary depending on your particular facts and circumstances.

Civil Rights*

W.F. and W.G v. Police Officers M.P. and J.H. – “Jury Verdict $360,000.” W.F. and W.G. claimed that members of the police department violated their civil rights. Weinstock Levin successfully asserted that the stop and search of W.F. and W.G. was unconstitutional. After a two-week trial, the jury awarded W.F. and W.G. $360,000 in compensatory damages.

* Results may vary depending on your particular facts and circumstances.

Personal Injury*

J.F. v. S.H. – Personal Injury Award. J.F. tripped and fell at a local car dealership, injuring her left knee, which subsequently required surgery. Prior to trial, Weinstock Levin settled the negligence claims against S.H. for $35,000.

* Results may vary depending on your particular facts and circumstances.

Collection*

Estate of K.J. – Collection of Interest in PA Estate. K.J. was one of six children of P.J., who died during pending medical malpractice action in Philadelphia. Following the settlement of P.J.’s claims, Weinstock Levin was instrumental in recovering nearly $42,000 on behalf of K.J.’s estate.

O.L.R. v. Estate of J.D. – Collection of Fees for Services. J.D. was a resident of O.L.R. Nursing Home. J.D. failed to pay for services provided in accordance with the admissions agreement. Weinstock Levin successfully negotiated and recovered $34,000 on behalf of O.L.R.

B.C.C.A v. J.P. – Collection of Condo Fees. J.P., a condominium unit owner, failed to pay condo fees and assessments pursuant to the B.C.C.A. master deed and bylaws. Weinstock Levin successfully negotiated and recovered $20,000 on behalf of B.C.C.A.

J.S. v. T.H. – Deposit Refunded. T.H. defaulted on a payment plan pursuant to an agreement with J.S. Weinstock Levin was successful in recovering money owed to J.S. prior to litigation.

Casinos v. Y.K. – Debt Reduced. Y.K. was indebted to casinos for $65,000. Weinstock Levin negotiated a debt settlement for $30,000.

* Results may vary depending on your particular facts and circumstances.

Employment*

Estate of K.J. v. County – Wrongful Termination – Damages Recovered. K.J. claimed wrongful termination from her county employer. K.J. subsequently died. Weinstock Levin settled the estate of K.J.’s claims against the county for $40,000.

County v. D.C. – Reduced Disciplinary Period. The county sought disciplinary sanctions against D.C., a county employee. Weinstock Levin negotiated a reduced suspension, whereby D.C. served only half of the suspension without pay.

* Results may vary depending on your particular facts and circumstances.

Commercial Litigation*

F.B. v. F.R. – Allegations of Child Abuse – Minimal Damages. F.B., a minor, brought a civil action against F.R., his former foster parent, alleging physical abuse. F.B. demanded $300,000 in damages. Weinstock Levin settled the matter on behalf of F.R. for $15,000 with no admission of liability.

*Results may vary depending on your particular facts and circumstances.