New Jersey Practice Areas
How Can We Help You
Federal Court Criminal Defense
Crimes falling within the jurisdiction of the federal government often concern an alleged fraud facilitated by the use of the U.S. Mail or commercial mail carriers such as Fed Ex and UPS, or by utilizing the telephone or fax. Federal fraud charges may involve the misappropriation of federal funds by false billing of Medicare, billing a government agency such as the EPA or Department of Defense for false or inflated invoices, or loan or mortgage fraud involving HUD insured loans. Federal fraud charges may involve alleged schemes to misappropriate private funds as well. 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 (special agent), a postal inspector, treasury agent, or Secret Service agent, you may be the target of a federal criminal investigation.
How Can We Help You
State Court Criminal Defense
It is said that experience is the greatest teacher. Our experience has been an education. We have defended criminal cases since 1983, and during those 35 years, we have defended nearly every felony and misdemeanor charge on the books in New Jersey, including crimes of violence, drug possession and distribution, assault, sexual offenses, official misconduct, mail fraud, wire fraud, fraud, theft, conspiracy, bid-rigging, public corruption cases, as well as misdemeanors such as driving under the influence of drugs and alcohol (DUI), shoplifting, disorderly conduct, and obstruction. We have represented individuals already convicted of crimes, and individuals charged with violating their parole and probation. We have handled numerous direct appeals to the Superior Court Appellate Division and petitions for post-conviction relief.
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Very Experienced and professional law firm. Job well done.
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Traffic Tickets
We are New Jersey trial lawyers with nearly 30 years of experience in New Jersey Municipal Court traffic matters, including violations of driving while revoked or suspended, careless driving, speeding, improper turn violations, failure to stop or yield, failure to maintain automobile insurance, leaving the scene of an accident, failure to report an accident, reckless driving, driving under the influence of alcohol or drugs, refusal to take a breath test, and possession of drugs in a motor vehicle.
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(732) 544-1460
Expungements
A disorderly persons or Municipal ordinance charge from a New Jersey Municipal Court, or Superior Court criminal charges showing up on a background check – even if the charges have been dismissed – can have a highly negative impact on your employment or educational prospects. The existence of a criminal record can also lead to the loss of a professional license, and can prevent you from purchasing a firearm.
Criminal Appeals
If, after a trial, or even after a guilty plea, you have been convicted of a crime in the Superior Court of New Jersey, a Federal crime, or a disorderly persons offense or Municipal ordinance violation in the New Jersey Municipal Court, you have the right to appeal your conviction to a higher court. The experienced New Jersey criminal lawyers at Schwartz & Posnock can file a criminal appeal to protect your constitutional rights.
Post Conviction Relief
In the event that your criminal appeal in the New Jersey Superior or Municipal Courts has been denied, or that your time to appeal has expired, Schwartz & Posnock can file a Petition for Post-Conviction Relief (PCR) to protect your interests. There is generally a five year time limit for filing a PCR, but that time may be extended under certain exceptions, including excusable neglect. In the Federal Court system, the equivalent application is known as a Habeas Corpus Petition.
Domestic Violence
Our experienced trial lawyers represent those accused of domestic violence and spousal abuse in the New Jersey Family Courts. Unfortunately, claims of spousal abuse are common in highly contested divorce and family law cases. The courts are generally unsympathetic to individuals charged with domestic violence. We will work closely with you and vigorously defend you against these charges.
Mail and Wire Fraud
The mail fraud statute, originally enacted in 1872, sets forth the broadest requirements of (1) a “scheme to defraud,” and (2) a use of the mails “for the purpose of executing” the scheme. The federal wire fraud statute, enacted in 1952, mirrors the language of the mail fraud statute and proscribes the use of interstate television, radio, or wire communications in furtherance of a fraudulent scheme.
Financial Institution Fraud
Crimes falling within the jurisdiction of the federal government often concern an alleged fraud facilitated by the use of the U.S. Mail or commercial mail carriers such as Fed Ex and UPS, or by utilizing the telephone or fax. Federal fraud charges may involve the misappropriation of federal funds by false billing of Medicare, billing a government agency such as the EPA or Department of Defense for false or inflated invoices, or loan or mortgage fraud involving HUD insured loans. Federal fraud charges may involve alleged schemes to misappropriate private funds as well. The reach of federal criminal and regulatory offenses is pervasive.
Conspiracy
The general conspiracy statute, 18 U.S.C. § 371, has proven to be a most flexible and enduring weapon for federal prosecutors. However, Congress has also incorporated specialized conspiracy provisions into statutes enacting a related substantive crime. For example, the Hobbs Act (18 U.S.C. § 1951) and RICO (18 U.S.C. § 1962(c)) both include heir own conspiracy provisions.
False Statements
Except, perhaps, for the federal conspiracy and mail fraud statutes, no congressional criminal enactment has proven a more flexible and effective weapon for federal prosecutors than the general false statements statute (18 U.S.C. § 1001).
Crimes falling within the jurisdiction of the federal government often concern an alleged fraud facilitated by the use of the U.S. Mail or commercial mail carriers such as Fed Ex and UPS, or by utilizing the telephone or fax. Federal fraud charges may involve the misappropriation of federal funds by false billing of Medicare, billing a government agency such as the EPA or Department of Defense for false or inflated invoices, or loan or mortgage fraud involving HUD insured loans. Federal fraud charges may involve alleged schemes to misappropriate private funds as well.
Bid Rigging
In simple terms, bid rigging is fraud which involved bidding. It is an agreement among competitors as to who will be the winning bidder. Bid rigging occurs when a purchaser solicits bids to purchase goods or services. The bidders agree in advance who will submit the winning bid. The purchaser, which depends on competition between the bidders to generate the lowest competitive price, receives instead a “lowest bid” that is higher than the competitive market would bear.
Juvenile Court Matters
Juvenile Court is both a Criminal Court and a problem-solving court. We offer creative and compassionate solutions to your child’s juvenile delinquency issues, as well as a hard-nosed, aggressive defense of the charges against your child.
Municipal Court Matters
For individuals who are facing prosecution or sentencing in NJ Municipal criminal or traffic courts or in the Superior Courts of New Jersey, or who are appealing their criminal matters before the New Jersey Superior Court, NJ Appellate Division, or the Supreme Court of New Jersey, it is critical to have an experienced state and Municipal Court New Jersey criminal and traffic defense attorney represent you.