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Essex County Criminal Lawyers

Criminal defense lawyers, Schwartz & Posnock, have successfully defended State Criminal and Municipal Court Disorderly Persons Offenses for over 31 years. In fact, we have defended virtually every crime and disorderly persons offense in New Jersey, including homicide, (murder, attempted murder, aggravated manslaughter and manslaughter), aggravated assault, simple assault, drug possession, marijuana possession, possession of CDS with intent to distribute and the actual sale or distribution of controlled dangerous substances, prescription drug offenses, aggravated sexual assault, criminal sexual contact, burglary, official misconduct, mail fraud, wire fraud, theft, conspiracy, bid-rigging, public corruption cases, traffic matters such as driving under the influence of drugs and alcohol (DUI), speeding, reckless driving, careless driving, leaving the scene of an accident; and disorderly persons offenses including shoplifting, disorderly conduct, harassment, obstruction, and domestic violence, as well as the defense of Municipal Ordinances. We frequently represent individuals charged with lewdness at Gunnison Beach in Sandy Hook, as well as in underage drinking and drug offenses arising from arrests at the PNC Bank Arts Center. If you reside in another State, we can frequently resolve your matter without the need for a court appearance by you. We have represented those already convicted of crimes, and those charged with parole and probation violations. We have frequently appealed criminal cases to the Superior Court Appellate Division and have filed petitions for post-conviction relief. We practice in the Superior Courts and in the Municipal Courts throughout New Jersey from Essex County, Union County, Middlesex County, Monmouth County, Ocean County, Atlantic County, Sussex County, Bergen County, Hudson County, and Somerset County, as well as in the Federal Court system.

Essex County Federal Criminal Defense

The United States Attorney’s Office in Newark prosecutes white collar criminal charges that allegedly occurred in Essex County, and throughout New Jersey. Federal white collar criminal charges often concern alleged mail fraud facilitated by the use of the U.S. Mail or a by commercial mail carrier such as Fed Ex and UPS. Wire fraud can be facilitated by utilizing the telephone or fax. Federal fraud charges may involve the misappropriation of federal funds by false billing of Medicare, by false or inflated invoicing of a government agency such as the EPA or Department of Defense, or by loan or mortgage fraud involving HUD insured loans. Federal fraud charges may involve alleged schemes to misappropriate private funds as well. Additional federal white collar criminal charges include bribery and bid rigging. Federal crimes also include drug and weapons possession and distribution, and crimes committed on federal property, such as Sandy Hook Recreational Area (Gunnison Beach). The reach of federal criminal and regulatory offenses is pervasive. If you are contacted by a federal law enforcement agent, such as an FBI agent , a postal inspector, treasury agent, or Secret Service agent, you may be the target of a federal criminal investigation.

The Essex County Prosecutor’s Office also vigorously prosecutes white collar crime, as does the New Jersey Attorney General’s Office. These prosecutions are often undertaken in conjunction with federal criminal prosecutions.

A request by a law enforcement investigator to be interviewed is not an order compelling you to submit to questioning. If you are approached by an agent, request an opportunity to speak with an attorney first – a request which the agent must honor – to help you decide what is in your best interests.

Our Experience in Federal Criminal Cases

As New Jersey federal criminal lawyers, we have experience in handling federal criminal cases, including mail fraud, wire fraud, insurance fraud, bank fraud, conspiracy, false statements, false claims, HUD fraud, bribery, and bid rigging. In addition to representing targets of investigations, we also represent witnesses who are subpoenaed to testify and produce documents to a federal grand jury. If improperly handled, the results of a grand jury investigation, can be devastating.

Our firm successfully represented the fourth largest environmental testing laboratory in the United States in a procurement fraud case involving the testing of soil and ground water at an Air Force base in California. As a result of our efforts, the company was not prosecuted. We have continued to represent individuals and businesses in cases involving government program fraud and procurement fraud.

When you or your company are charged with a crime, the United States Attorney’s Office, or a federal contracting agency, may seek to close down your business – whether by seeking to revoke your license to engage in your profession, or by seeking to bar your company from government contract work. We are experienced in the area of professional licensing proceedings and in federal suspension and debarment actions and can help you and your company stay in business.

When You Are Under Investigation

Often, you will learn that you are the target of an on-going federal criminal investigation through contact with FBI agents, Treasury Agents, or Postal Inspectors, or as a result of law enforcement contacts made to your co-workers, or associates.

It is essential to engage an experienced federal criminal defense attorney to contact the investigating agents or the Assistant United States Attorney handling the case. The early stage of a federal criminal defense attorney’s involvement is focused on gathering as much information about the investigation as possible. Your attorney should conduct a prompt investigation of the facts of the case and explore all avenues leading to defense of the potential charges. No decision to cooperate in an investigation should be made without the assistance of a federal criminal defense lawyer.

If You Are Charged

If you are charged with a federal criminal offense, we will pursue all avenues of a defense, motion practice (including bail hearings, motions to suppress evidence, and motions to exclude wiretap evidence), plea negotiations, and trial. We will be with you every step of the way, beginning with your conditions of release interview with Pre-Trial Services, and your initial appearance before the Federal Magistrate. If we, as a team, agree that you should cooperate with the authorities for consideration of a better outcome of the charges, we will be with you at each proffer session, to make sure that you ultimately get full credit for your cooperation.

Federal Criminal Plea Negotiation and Sentencing

The sentencing phase of a criminal proceeding is one of the most overlooked aspects of a client’s case. Justice Department statistics show that the great majority of those charged with federal crimes enter into plea agreements. Failure to properly handle a client’s sentencing may have dire consequences. A lawyer’s skill and familiarity with the Federal Sentencing Guidelines can often change the outcome of a sentence, making the difference between custodial and non-custodial sentences, or in the worst case scenario, the difference between long and shorter terms of incarceration.

Although as a result of United States Supreme Court decisions, the Federal Sentencing Guidelines are no longer mandatory, their importance, and influence on plea offers and sentences, cannot be understated. Mastering the Sentencing Guidelines is essential to assure that a client obtains the best-possible result in the unfortunate event that he or she is convicted of a crime.

Constant review of the relevant conduct provisions of the Guidelines is critical for proper client representation. We are committed to providing the most effective advice, counsel, and representation to each client. This includes effective plea negotiation with the United States Attorney’s Office, and interaction with the Probation Department in the preparation of the Pre-sentence Investigation Report.

However, our work in sentencing does not end with Sentencing Guidelines advocacy. Sentencing is open to creative advocacy in the area of mitigating factors under the Sentencing Reform Act, which may entitle you to a variance sentence. We use experienced physicians, psychologists, and forensic accountants to demonstrate to the sentencing judge why certain mitigating factors should be given substantial weight and/or why the loss calculations suggested by the Government are not accurate or valid.

Having an experienced, aggressive criminal lawyer is particularly important in a federal criminal case in New Jersey, where your liberty, family, finances and future are at stake. Each federal criminal case in New Jersey requires a unique approach that fits your particular needs. Our federal criminal defense lawyers methodically investigate, research, and prepare each case, then apply the skill and know-how that comes with over 30 years of experience.

We have offices in Essex County (Livingston), Union County (Linden), Middlesex County (East Brunswick), and Monmouth County (Eatontown) to serve your needs.

For further details on our practice, visit our New Jersey criminal lawyers site.


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