Criminal Defense

Practice overview

Whether you are charged with a crime, disorderly offense, juvenile offense or motor vehicle charges, including DWI, The Shamy Law Firm stands ready to protect your rights and provide aggressive, experienced representation. Mr. Shamy has over 20 years' experience both as a criminal defense attorney and as a Municipal Prosecutor. Please take a moment to browse our practice areas and case results to learn how we can help.

Please take a moment to browse our practice areas and case results to learn how we can help.

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Violent Crimes

Violent crimes include a very wide range of offenses that include acts resulting in extreme physical harm but also mere threats of physical harm. Conviction of a violent crime can carry severe penalties, including life-long loss of some of your most basic rights as an American citizen. There are many possible defenses against violent crime charges. In many cases those who are charged with violent crimes were acting in self defense at the time or had been the victim of violent acts committed by the other person. An experienced criminal defense attorney can help you identify and understand your possible defenses.

Types of Violent Crimes

There are many types of violent crimes including:

Murder
Manslaughter
Assault
Battery
Domestic violence
Rape
Armed robbery
Mugging
Hate crimes
Vehicular manslaughter
Kidnapping
Terroristic threats

Assault and Battery

Charges of assault and battery can be very confusing. They often run together, but they are two very different charges.

Assault is the one that most people do not understand. Assault charges can come in degrees defined by the level of bodily harm inflicted. For instance, first degree assault would mean intentionally causing severe bodily harm, while third degree assault would apply to very minor injuries, sometimes just pain.

However, an assault charge does not always include actual physical violence or harm. Assault can simply be a threat such as a verbal threat or even a raised fist.

Defenses

There are many possible defenses against violent crime charges. They available defenses vary from state to state and can include:

Self defense
Defense of others
Defense of property
Prevention of a crime
A history of being abused by the victim
Having previously been violently attacked by the victim
Mental impairment
Age

If you or a loved one is in need of legal assistance, call The Shamy Law Firm at 732-800-1090 or submit an online questionnaire. The initial consultation is free of charge. If we agree to handle your case, we will aggressively defend your rights and help you every step of the way in securing the best possible outcome. Sometimes the proper legal action very early in the process can stop prosecution in its tracks saving your time, money, and other hardships. Criminal cases can require rigorous investigation on behalf of the defendant, and involve strict deadlines. Please, contact us right away to ensure that you do not give up any of your precious legal rights.

Our Attorneys

Jason E. Shamy, Esq

Education:
University of Maryland at College Park, 1990
Rutgers University School of Law at Camden 1994

Contact:
732-202-7206

Jason@ShamyLegal.com

Violent Crimes

DWI

Driving While Suspended

DWI

Driving under the influence (DWI), driving while intoxicated (DWI), and driving while ability impaired (DWAI) are all terms used to refer to drunk driving or driving under the influence of drugs. DWAI is a less serious offense than DWI or DWI, but the consequences can still be very serious. To keep things simple, we will refer to DWI and DWI as DWI from here forward. When there is no accident, injury, or other crime involved, a first offense DWI is usually a misdemeanor, but it takes very little for the charge to be elevated to a felony. Even as a misdemeanor, the consequences of DWI are disproportionately harsh when compared to other types of criminal charges.

Understanding DWI Law

Every state has DWI laws. The laws are different in each state, but there are some similarities. Typically, any adult driving with a blood alcohol level (BAC) of .08 or above is considered DWI.

The penalties for a first offense are stiff, and in many states they become increasingly severe with repeat offenses. In most states, simply being charged with DWI can result in immediate suspension of your driver’s license.

DWI Laws Are Unusually Harsh

DWI charges present some unique challenges, and the laws are enforced with disproportionate vehemence, as compared to most other criminal laws. DWI enforcement is a very profitable business for law enforcement agencies, other government agencies, and many private entities as well.

Although you have been told all of your life that one of the beautiful things about being an American is the presumption of innocence in criminal charges, that you will be treated as innocent until proven guilty, DWI laws do not work that way. There are several aspects to DWI laws that can cause you to face serious penalties simply for being accused or suspected of DWI.

Many states deal out severe penalties for refusal to take a breath or blood test to determine your BAC. To make that even more confusing, different states have different definitions of refusal. In some states you can receive a jail sentence for refusing to take the breath test, even if you are not prosecuted for or convicted of DWI.

DWI Defense

Working with an experienced DWI defense attorney is crucial because when you are charged with DWI you face issues other than the criminal charges. Your license may have been automatically suspended, and you may need to request a hearing with the Department of Motor Vehicles (DMV) within a very short time frame, in order to get your license back while you fight the criminal charge, or to get permission to drive back and forth to work.

In many cases it is possible to beat DWI charges, especially with the heavy handed enforcement tactics that are encouraged but are not always legal.

Prosecutors will try to compound your DWI with other charges to escalate the charge to a felony from a misdemeanor. Many do this inappropriately in the hopes that you will accept a plea agreement to the lesser charge out of fear, improving their conviction rate.

If you or a loved one is in need of legal assistance in Point Pleasant and Wall, call The Shamy Law Firm at 732-800-1090 or submit an online questionnaire. The initial consultation is free of charge. If we agree to handle your DWI, underage alcohol ticket cases in Point Pleasant, our lawyers will aggressively defend your rights and help you every step of the way in securing the best possible outcome. Sometimes the proper legal action very early in the process can stop prosecution in its tracks saving your time, money, and other hardships. Criminal cases can require rigorous investigation on behalf of the defendant, and involve strict deadlines. Please, contact us right away to ensure that you do not give up any of your precious legal rights.

Driving While Suspended

If you are charged with violating N.J.S.A. 39:3-40, you are accused of Driving While Suspended–operating a motor vehicle while your driving privileges are suspended or revoked. A conviction for Driving While Suspended carries serious consequences.

The violation of Driving While Suspended is set forth at NJSA 39:3-40. This section states, “no person to whom a drivers license has been refused or whose driver’s license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a driver’s license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation or prohibition.” The statute also addressed revoked registrations: “No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.”

PENALTIES

If you are convicted for Driving While Suspended, you will face serious penalties. If it is your first offense, you will be fined $500.00, assessed surcharges by the Motor Vehicle Commission of $250.00 per year for 3 years and lose your driver’s license for up to six months. For a second offense, you will be fined $750.00, imprisoned in the county jail for not more than 5 days, assessed surcharges by the Motor Vehicle Commission of $250.00 per year for 3 years and lose your driver’s license for up to six months. For a third offense, you will be fined $1000.00, imprisoned in the county jail for a mandatory 10 days, assessed surcharges by the Motor Vehicle Commission of $250.00 per year for 3 years and lose your driver’s license for up to six months. If while operating your vehicle in violation of the Driving While Suspended statute you were involved in an accident resulting in personal injury to another person, the court must impose a period of imprisonment for not less than 45 days.

If you Operate a Motor Vehicle while Suspended due to a drunk driving conviction, you will face additional, enhanced sentencing. If convicted, you will be fined an additional $500, have your license suspended for an additional one year nor more than two years and must be imprisoned in the county jail for 10 to 90 days. You will also be surcharged a mandatory $250.00 per year for 3 years by the Motor Vehicle Commission.

If you Operate a Motor Vehicle While Suspended due to driving without insurance, you will also be subject to additional, enhanced penalties. If convicted you will be fined an additional $500, have your license suspended for an additional one to two years, and may be imprisoned in the county jail for 10 to 90 days. You will also be surcharged a mandatory $250.00 per year for 3 years by the Motor Vehicle Commission.

A license suspension can happen in one of two ways: it can be court imposed as a result of a sentence, or it can be administrative by the Motor Vehicle Commission.

If you were on the suspension list because you were suspended in court by a judge for a violation, you have very limited defenses since you were notified of your suspension on the record in court. When your driving privileges are suspended in court and you are accused of a subsequent Driving While Suspended violation, the State only needs to introduce a certified abstract from the Motor Vehicle Commission. A possible defense occurs when you were not notified in court of your suspension or you were not present. The Shamy Law Firm in Point Pleasant and Wall can help you determine if this defense applies to you.

If you were suspended administratively by the Motor Vehicle Commission, the State must introduce the following into evidence to prove you guilty beyond a reasonable doubt:

Notice of scheduled suspension.
Proof of mailing notice.
Order of suspension.
Proof of mailing order.
Certified motor vehicle abstract

Our experienced attorneys at The Shamy Law Firm in Point Pleasant can help you determine whether you have a defense to your Driving While Suspended ticket.

Drug Offenses

Drug charges can be frightening and confusing. Penalties can range from a small fine to life imprisonment. Drug laws vary wildly from state to state. The conditions that affect the seriousness of the crime, and even who can be charged also vary from state to state. Generally, the more dangerous the drug is considered to be, the steeper the penalty. However, there are a number of other conditions that can apply. If you are facing any type of drug charge in Point Pleasant and Wall, you need the help of an experienced criminal defense attorney.

Common Drug Charges

The most basic drug charges include:

Possession
Intent to sell
Manufacturing or cultivation
Distribution or trafficking

You can also be arrested for driving under the influence of drugs.

Possession

You do not necessarily have to have the drug or drugs on your person to be charged with possession. It can be in your home or your vehicle or in some other way considered under your control. In some states the drugs do not even have to be your or under your control. Everyone in a vehicle or home where drugs are found may be charged with their possession.

Intent to Sell

What may actually have been simple possession from your perspective can be charged as intent to sell based on different factors in different states. Some of these factors include:

The amount you possessed
How it was packaged, regardless of amount, such as a small amount broken down into several packages
Possessing certain types of paraphernalia such as scales or baggies

Other Factors

Other factors that can affect the seriousness of the charges and accompanying penalties include:

The type of drug, usually rated in seriousness by schedule with Schedule I being the most serious
If a child was present or involved
If you were in or near a school
If other crimes or charges were involved
If you were out on bond, probation, or parole with abstinence from drug use as a condition
Repeat offense

Defending Against Drug Charges

Some states and jurisdictions and even individual prosecutors or law enforcement officers are extremely aggressive in pursuing drug charges. It is not unusual for drug charges to be inflated well above and beyond what is appropriate for the circumstances. Prosecutors will often inflate charges in the hopes of intimidating you into accepting a plea bargain so they can get another easy conviction.

Our experienced criminal defense attorney in Point Pleasant and Wall can help you beat a drug charge or reduce the seriousness of the charge so that it has the least possible impact on your life.

Expungements

If you have been convicted of a crime, disorderly persons offense, petty disorderly persons offense, or adjudicated delinquent as a juvenile, you may be eligible for an expungement. Even if you were only arrested and later found not guilty or had the charges dismissed, an expungement may benefit you, especially if you are worried that a prior criminal or juvenile event may affect your employment.

An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person’s apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, the record of law enforcement taking you into custody as a juvenile, conviction, adjudication of delinquency, disposition and any related proceedings are considered to not have occurred.

Convictions for certain offenses are not eligible for expungement. The amount of time you must wait after your conviction date before petitioning a court for expungement varies based on the offense for which you were convicted. The process of filing for an order of expungement can be complex and requires meticulous attention to detail to ensure that your record is in fact cleared.

If you or a loved one is in need of legal assistance, call The Shamy Law Firm at 732-202-7206 or submit an online questionnaire. The initial consultation is free of charge. If we agree to handle your case, we will aggressively defend your rights and help you every step of the way in securing the best possible outcome. Sometimes the proper legal action very early in the process can stop prosecution in its tracks saving your time, money, and other hardships. Criminal cases can require rigorous investigation on behalf of the defendant, and involve strict deadlines. Please, contact us right away to ensure that you do not give up any of your precious legal rights.

Juvenile Crime

Next to hearing that your child has been injured, contracted a life-threatening illness or disappeared, the most frightening thing you can experience as a parent is finding out that your child has been arrested for a crime. Juvenile law is very different to adult criminal law. As with all criminal law, it varies from state to state, but there are some consistencies in how minors are treated by the justice system. There are some benefits and some drawbacks to being classified as a juvenile. As with most areas of law, there are also some dangerous misconceptions.

You Do Not Get a Clean Slate When You Turn 18

One of the most common myths about juvenile convictions is that your record will be sealed or wiped clean when you turn 18. This dangerous misconception leads many youths to believe that they can do anything they want without long-term ramifications. It even encourages some teenagers to commit crimes now while they can still “get away with it.”

Unfortunately, it does not really work that way. The laws vary from state to state, but in generally the severity of the crime, the child’s age, and their behavior after conviction will all play a role in their ability to have their record sealed. In some types of cases the record can be life-long, and sometimes very disproportionate to the crime. For instance, a juvenile who is convicted may be required to register as a sex offender for decades or the rest of their life, even if they were not aware that the activity they engaged in was a crime.

Sealed is a misleading word, too. A sealed record is not erased or inaccessible to everyone.

Juvenile “Rights” Are Not the Same

In general, juvenile proceedings are less formal than adult proceedings. In some ways this can be to your benefit and result in leniency, based on age. However, this leniency can work both ways. Juveniles do not have all of the same rights that adults have and may suffer for it. For instance, harmful evidence that would be inadmissible in an adult case may be allowed in a juvenile case.

Municipal Court

New Jersey’s Municipal Courts have jurisdiction over non-indictable offenses: motor vehicle offenses, disorderly and petty disorderly persons offenses, and municipal ordinance violations. Municipal courts are governed by specific rules and statutes and a conviction in municipal court may result in serious penalties. If you are found guilty of an offense in municipal court, your sentence may include jail for up to 180 days, probation supervision, revocation of driving privileges, community service, and substantial financial penalties. Your sentence is municipal court may also result in collateral consequences such as insurance surcharges and increased insurance premiums, the loss of employment due to loss of driving privileges, and the inability to register your motor vehicle with the Motor Vehicle Commission.

You have Constitutional rights that apply in Municipal Court. One of those rights is your right to be represented by an attorney. Appearance of counsel is recommended in most municipal court matters to insure that your other constitutional rights are protected. You have the right to be informed of the charges against you. You have the right to remain silent concerning the charges against you and anything you say may be held against you. You may enter a plea of guilty or not guilty. You have the right to obtain a postponement to allow you the opportunity to consult with an attorney and prepare your defense. You are presumed to be innocent until proven guilty beyond a reasonable doubt. You have the right to testify or not to testify in your own behalf and you have the right to call witnesses to testify for your defense.

The attorneys at The Shamy Law Firm are among the most respected and experienced in the field. We are well-acquainted in all aspects of municipal court defense, with a particular emphasis on the highly complex area of drunk driving. Whether referred to as DUI, DWI, driving while intoxicated, driving under the influence , operating a vehicle while impaired or drunk driving, the offense is governed by a strict plea bargaining prohibition. New Jersey law has developed in such a way that litigating drunk driving offenses has become very complex so attorneys must possess knowledge and experience to investigate, pursue all possible defenses, file pretrial motions and advocate effectively at trial. These offenses are among the most serious violations with the most serious penalties resolved in New Jersey’s municipal courts.

The attorneys at The Shamy Law Firm are well-versed in all other offenses heard in Municipal Court. Municipal Courts have jurisdiction over all traffic offenses, many of which carry serious penalties. If you are convicted of Driving While Suspended, you may lose your license for up to six months, face substantial monetary penalty and possible jail time. If the reason for your suspension is a drunk driving or failure to carry motor vehicle insurance conviction, you face additional, more severe penalties. If you are convicted of Failure to Carry Motor Vehicle Insurance on your vehicle, you may lose your license for up to two years, be ordered to perform community service, face substantial monetary penalty and possible jail time. A conviction for Reckless Driving can result in loss of your driving privileges, jail time, 5 points on your driving record and as a result, and increase of your insurance premiums.

Municipal Courts also have jurisdiction over disorderly persons and petty disorderly persons offenses. Disorderly persons convictions can result in up to six months in jail and petty disorderly persons offenses can result in up to 30 days in jail. Examples of such offenses include: shoplifting, simple assaults, criminal trespass, criminal mischief, charges that relate to Domestic Violence incidents, thefts, disorderly conduct, harassment, lewdness, possession of a controlled dangerous substance (CDS, illegal drugs such as marijuana) and possession of drug paraphrenalia (syringes, pipes, needles, etc.).

Drug charges handled in Municipal Courts are subject to a prohibition against plea bargaining and carry very serious consequences. In addition to fines, there are mandatory monetary penalties imposed if you are convicted. A conviction can also result in up to six months in jail, loss of your driving privileges for six months and a criminal record.

The attorneys in the Shamy Law Firm have appeared in many municipal courts in the State of New Jersey. The following is a list of just some of those courts. Note that the Shamy Law Firm can represent you in any municipal court in the State.

Middlesex County

Carteret
Cranbury Township
Dunellen
Edison
Highland Park
Metuchen
Middlesex
Milltown
Monroe Township
New Brunswick
Old Bridge Township
Perth Amboy
Piscataway Township
Plainsboro Township
Sayreville
South Amboy
South Brunswick Township
South Plainfield
South River
Woodbridge Township

Monmouth County

Aberdeen Township
Allenhurst
Allentown
Asbury Park
Atlantic Highlands
Avon-by-the-Sea
Belmar
Brielle
Colts Neck Township
Eatontown
Englishtown
Fair Haven
Farmingdale
Freehold Borough
Freehold Township
Hazlet Township
Highlands
Holmdel Township
Howell Township
Interlaken
Keansburg
Keyport
Lake Como
Little Silver
Manalapan Township
Manasquan
Marlboro Township
Matawan
Middletown Township
Millstone Township
Monmouth Beach
Neptune City
Neptune Township
Ocean Township
Oceanport
Red Bank
Roosevelt
Rumson
Sea Bright
Sea Girt
Shrewsbury Township
Spring Lake
Spring Lake Heights
Tinton Falls
Union Beach
Upper Freehold Township
Wall Township
West Long Branch

Ocean County

Barnegat Light
Barnegat Township
Bay Head
Beach Haven
Beachwood
Berkeley Township
Brick Township
Dover
Eagleswood Township
Harvey Cedars
Island Heights
Jackson Township
Lacey Township
Lakehurst
Lakewood Township
Lavallette
Little Egg Harbor Township
Long Beach Township
Manchester Township
Mantoloking
Ocean Gate
Ocean Township
Pine Beach
Plumsted Township
Point Pleasant
Point Pleasant Beach
Seaside Heights
Seaside Park
Ship Bottom
South Toms River
Stafford Township
Surf City
Tuckerton

If we can assist please call The Shamy Law Firm at 732-800-1090 or submit an online questionnaire. The initial consultation is free of charge.

New Jersey’s Point System – Schedule of Violations