Legal Question in Criminal Law in New Jersey
Drug kingpin charge?
Yes hoping to get some advice, recently my cousin was arrested in the state of NJ in the county of ocean on 27 counts of drug charges then main crime being as such conspiring to sell a controlled substance as the leader and the intent to sell. He plead guilty to all 27 counts but what i dont understand by reading the court transcripts is there was no evidence of drugs on my cousin or in his house. All the testimonies and witnesses were drug dealers themselves one being a big dealer and had been arrested years ago for the same charge. The prosecutor gave them a deal if they give written statements on my cousin. One of these so- called witnesses was caught with ten pounds of marijuana in his house and recieved 5 yrs prison time to make a statement against my cousin. Remind you my cousin had no drugs in his possession nor in any of his belongings. There are no videos, pictures, under cover police reports. He has no prior convictions, he has never been arrested, or has any record of any kind of being a drug dealer. Now my question is i want to appeal this case because i feel all the evidence the court has was all hearsay but other drugdealers and not solid evidence to convict my cousin.
3 Answers from Attorneys
Re: Drug kingpin charge?
You have 45 days after a person has been sentenced on a criminal charge to file an appeal with the Appellate Division. If your cousin has not been sentenced yet there may still be time to try and withdraw his guilty plea. If he has been sentenced, and 45 days hasn't passed yet, you still have time to file an appeal. I am an attorney who has handled many criminal appeals in New Jersey in the past. I currently have a couple of active criminal appeals before the Appellate Division. I would like to discuss this case in more detail. Please call me at 908-272-0111 to talk about your cousin's case. There is never any charge for simply talking about a case with me. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerescompensationlaw.com
Re: Drug kingpin charge?
You can not appeal a guilty plea based on evidence not being sufficient. However, a motion can be filed to withdraw your cousin's guilty plea and start the case over. The insufficiency of evidence would be one the factors the court considers in deciding whether to grant the motion. If your cousin won the motion to withdraw the plea, he would then have the chance to go to trial. Also, sometimes a better plea negotiation can occur. However, often prosecutors will refuse to give a better offer if a motion to withdraw a guilty plea has been filed. A judge is the one who decides whether or not to allow a guilty plea to be withdrawn. If your cousin has not been sentenced, there is more pressure on a judge under the law to allow him to withdraw his guilty plea. However, it is very difficult to win a motion to vacate a guilty plea after someone has been sentenced.
I have ample experience as a former county assistant prosecutor and criminal defense attorney with these types of cases and motions. If I can help your cousin, please do not hesitate to contact me. Just remember it is very important that you act before he is sentenced if you wish to start the case over and give him a chance at trial.
Re: Drug kingpin charge?
Itis very sad and a little bit disturbing that defendant's families only get going on his problem after he has been found guilty. I believe that this happens because of the expense involved in defending against a major criminal prosecution; disbelief that the relative could be guilty or convicted of the crime charged and a lack of experience with the criminal justice system.
A lack of familiarity with the criminal justice system is actually a good thing because it means that one's life is usually in order and positively routine.
Criminal prosecutions after often based on the testimony of coconspirators and admitted criminals. John Gotti of the reputed Gambino crime family comes to mind. Gotti's mob underling, Sammy "The Bull Gravano" testified against and supported the government's conviction of many of his fellow mobsters while admitted his personally committing numerous murders, often with grisly details.
Appealing a criminal conviction means that a higher court, called an appellate court, is given a typed record of the testimony heard at trial and the items placed in evidence during the trial for the consideration of the jury and
is asked to review how the trial was conducted and the probative value of the evidence offered
to make several determinations concerning the fairness of how the trial was conducted and the adequacy of the proof upon which the conviction
or convictions was or were based.
An attorney with considerable experience handling criminal appeals should be hired because
an attorney skilled in representing a defendant at trial may not have the same level of skill when prosecuting the appeal of a criminal conviction.
To file an appeal the defendant's attorney must certify that a transcript of the trial and all motions, both pretrial and post trial, has been order and that the required monetary deposit for same has been paid.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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