STATE V. T.C. (2017)
In Irvington, T.C.’s family home was unexpectedly kicked in based on a no-knock search warrant. The search warrant was based on one anonymous tip made to Middlesex County Crime Stoppers. BMB Law Firm represented T.C. and filed a motion to suppress physical evidence seized during this search because the anonymous tip was not properly corroborated, arguing the tip was insufficient to establish probable cause to support the executed search warrant. The judge agreed the police violated T.C.’s constitutional rights. Specifically, his Fourteenth Amendment Due Process rights and Fourth Amendment protection against illegal search and seizure were both violated. As a result, the incriminating evidence was exonerated as a result of BMB’s motion to suppress.
The State appealed the motion to suppress decision and the appeal result is pending in the New Jersey Superior Court, Appellate Division.
STATE V. D.L. (2017)
Charged with Assault by Automobile, BMB Law Firm represented D.L., who was in the midst of a mental breakdown and going through severe depression and family issues. He made the poor decision to drive drunk, and accidently hit an innocent pedestrian riding his bicycle. While highly intoxicated, he panicked and left the scene and the victim. The police found D.L. asleep in a nearby area. BMB Law Firm was able to mitigate his sentence, using facts such as D.L. having no prior criminal history.
Under our representation, D.L. did not receive a jail sentence but received a mitigated sentence of non-custodial probation.
STATE V. D.A. (2016)
Lawfully driving his vehicle, D.A. approached a traffic signal at an intersection when the vehicle ahead began reversing because it appeared to have stopped too far into the intersection. This diver struck D.A.’s vehicle and a short time later, D.A. observed a large police presence approach the intersection and ultimately surround him. The police placed D.A. under arrest, searched his car, and discovered drugs without proper prescription. BMB Law Firm represented D.A., who was charged with eluding, facing twenty years in New Jersey State Prison.
BMB Law Firm filed a motion to suppress D.A.’s post-arrest statements because he denied having been verbally advised of his Miranda Rights, which was required under the circumstances before asking him to respond to their interrogation questioning.
At trial, D.A. was found NOT GUILTY of all counts.
STATE V. C.G. (2016)
A mechanic for New Jersey Transit and former United States Military officer was charged with attempted murder, terroristic threats, and aggravated assault. The alleged victim was also an employee of N.J. Transit and had been in a previous dating relationship with C.G. On the night in question, C.G. went out and ended up back at the alleged victim’s apartment. The alleged victim became hysterical and refused to allow C.G. to leave her apartment, by taking his phone and standing in front of her apartment door. Ultimately, C.G. was able to escape and while running out the apartment door, the alleged victim ran directly behind him and was ultimately hit with the metal door, sustaining serious injuries. Prior to the alleged victim calling 911, she called C.G. more than forty times and when he refused to come back to her apartment, she then called 911. She falsely accused C.G. of strangulation and other acts of domestic violence. At the time of trial and through fierce cross examination, BMB was able to point out that the injuries sustained were not consistent with what the alleged victim had testified too; specifically, there was no evidence of strangulation. Ultimately, the jury found that the State failed to prove their case beyond a reasonable doubt and had found that whatever injury was sustained was an accident.
C.G. was found NOT GUILTY of all counts and is now in the process of getting his job back with NJ Transit.
STATE V. C.G. (2016)
In Union County, C.G. was accused by his two step daughters of sexual assault and other heinous crimes. The two stepdaughters alleged that this happened four to eight years prior to coming forward. After being falsely accused, C.G. not only spent two and a half years in the county jail awaiting trial, but had been precluded from seeing his biological daughter, because of the nature of the allegations. The mother of his biological daughter was also the mothers of the two stepdaughters and had been the driving force in coming forward and falsely accusing C.G. While sitting in jail, C.G.’s biological daughter had been told that her father had left the U.S. to live in another country.
In closing arguments, BMB stressed to the jury that not only do children not always tell the truth but that jury could not ignore the motive behind the alleged victim’s mother and ex-lover of C.G. Leading up to C.G.’s false arrest, there had been a custody battle between C.G. and the mother of C.G.’s biological daughter.
Less than 90 minutes of deliberation, the jury found C.G. NOT GUILTY of all counts. C.G. is now going to be able to reunite with his biological daughter, who is now 9 years old.