Success

At Garces & Grabler, P.C. Our Attorneys are Accustomed to Winning on Behalf of Our Clients

Personal Injury & Worker's Comp
Criminal, DWI/DUI and Traffic Defense
Immigration

Personal Injury & Workers' Comp

Since 1991, our attorneys have recovered more than $300 million in settlements and verdicts for our clients.

$14,000,000 Settlement – Medical Malpractice

In this case, the OB/GYN and the resident he was overseeing failed to recognize the worrisome pattern that the fetal monitoring strips were demonstrating, and that the baby should have been delivered sooner. As a result of this negligence by the OB/GYN and the hospital, our client's baby was born with severe brain damage and neurological trauma. Gerald O'Connor, a certified civil trial attorney and of counsel to the law firm of Garces & Grabler, P.C., handled this case.

$400,000 Settlement – Teacher Attacked by Student at School – Spinal Injuries

Garces & Grabler, P.C.'s client was a teacher at an Essex County High School. During school hours, he was assaulted by a student and suffered an aggravation of a pre-existing back injury that required spinal surgery. The case was handled by New Jersey Personal Injury Attorney Gary A. Cavalli, Esq., team leader of Garces & Grabler, P.C.'s Personal Injury Department. The case was settled for $400,000, the offer being made by the company that provided homeowner's insurance for the parents of the student who assaulted the teacher. The settlement represented 80% of the total policy limits. Because the teacher was forced to miss substantial time from work, Garces & Grabler, P.C. is also handling a related workers' compensation case on the teacher's behalf and, in addition to the settlement, our client is also receiving temporary workers' compensation benefits while he is out of work.

$75,000 Jury Verdict – Auto Accident – Contested Damages and Liability and Verbal Threshold

New Jersey personal injury attorney Alan T. Grening, Esq. a senior trial attorney in Garces & Grabler, P.C.'s personal injury team, won an expedited jury trial held in the Middlesex County Superior Court on March 15, 2011. Our client was a 21-year-old female who was driving a car struck at a controlled intersection in Woodbridge by the defendant. She said that the defendant ran a red light. However, this was disputed by the defendant, who had maximum insurance policy limits of $50,000. The attorneys for the defendant claimed that their client had a green light. Our client went to Union Hospital the day after the collision and began chiropractic treatment about one month later. Her doctors and test results confirmed that she sustained a lower back disc injury in the collision which caused pain to radiate through her left leg. The defendant's insurance company took the position that her condition was not serious and also had predated the collision and therefore was not caused by this accident.

Because the defendant's insurance company was denying that the defendant was at fault and that our client's injuries were unrelated to this collision, they refused to offer even a penny in settlement. This left Mr. Grening with no choice but to go to trial and let a jury decide the case. The trial was brief. After hearing from both drivers and the arguments of Mr. Grening and the lawyer hired by the insurance company, the jury unanimously ruled in favor of our client, finding the defendant was responsible for the collision and also finding that our client's injuries were a direct result of the accident. They awarded her $75,000, substantially more than defendant's policy limits.

Highest verdict for a verbal case in Mercer County against GEICO

Congratulations to New Jersey personal injury attorney Kevin S. Riechelson, Esq. of Garces & Grabler, P.C. on his remarkable recovery in a matter that was just heard at trial before the Honorable Paul Innes, J.S.C. in Mercer County New Jersey that resulted in a verdict of $80,000.00. Although it doesn’t seem like a large amount, this was a verbal threshold case with a three-month delay in treatment and 5 months of chiropractic care and one orthopedic visit. We had an excellent orthopedic doctor and Kevin tore up the testimony of GEICO’s expert witness, resulting in a large portion being stricken from the record. According to a plaintiff’s list service, this is the highest verdict for a verbal case in Mercer County against GEICO. It was a 2-day trial and Kevin did an exceptional job.

$3,100,000 Jury Verdict – Roll Over Auto Accident

Lawrence Lebrocq, Esq. of the law firm of Garces & Grabler, P.C., a certified Civil Trial Attorney by the New Jersey Supreme Court, obtained a $3,100,000.00 jury verdict as a result of a roll-over car accident.

$3,058,000 Jury Verdict – Roll Over Auto Accident

The plaintiff, a 42-year-old woman who was a supervisor with a pen company located in Edison, New Jersey, was seriously injured when the car in which she was driving was struck by another vehicle and overturned.

$4,650,000 Settlement – Medical Malpractice

Our client claimed that her OB/GYN failed to act on signs and symptoms of fetal distress when she arrived at the hospital with contractions on February 22, 2005. She alleged that the fetal monitoring strips demonstrated a worrisome pattern and indicated the baby was not tolerating the labor process. As such, Gerald O'Connor, who handled the case as of-counsel to Garces & Grabler, P.C. alleged that the standard of care mandated immediate delivery. Instead, the baby was not delivered until 10:25 am the next day. The child was born with significant cerebral palsy, suffered multiple seizures and had a diminished life expectancy. The case was settled prior to trial.

$1,475,000 Mediation Award – Construction Accident

Kevin Riechelson, Managing Attorney of the Trenton office of Garces & Grabler, P.C. obtained a settlement of $1,475,000 on behalf of a client for an accident that occurred in Pennsylvania. The client was involved in a construction site accident. Through a painstaking investigation, Mr. Riechelson was able to identify the company whose employee dropped the board. The case went to mediation which resulted in the settlement of $1,475,000. The client received a structured settlement, which will provide him with guaranteed income for the rest of his life. In addition, it provided for payment of his past lost wages and medical bills.

$900,000 Settlement – Medical Malpractice

Our client had surgery to remove her gallbladder (cholecystectomy). During the procedure, the surgeon failed to properly identify the anatomy and mistakenly cut the common bile duct instead of the cystic duct. This resulted in the need for additional surgery to repair the damaged common bile duct and put the plaintiff at significant risk for future complications, including liver failure. Plaintiff suffered severe emotional distress in knowing that her future health was in jeopardy. Gerald O'Connor, of counsel to Garces & Grabler, P.C., settled this case prior to trial.

$450,000 Settlement – Medical Malpractice

Gerald O'Connor, a certified civil trial attorney and of counsel to the law firm of Garces & Grabler, P.C., handled this case involving our client's delivery of her newborn baby. During the birthing process, the infant's shoulder got caught on the mother’s pubic bone, a condition known as shoulder dystocia. Mr. O'Connor alleged that the defendant failed to undertake and perform the appropriate maneuvers to dislodge the impacted shoulder. Further, it was alleged that the defendant employed excessive lateral traction to the baby’s head in an attempt to accomplish the delivery. This resulted in an injury to the baby’s brachial plexus, also known as an Erb’s Palsy. As a result, the child was born with diminished use of his arm, including a decreased range of motion.

$450,000 Settlement – Auto Accident

Alan Grening represented a rear seat passenger involved in a one-car accident. The driver was at fault. Our client sustained a broken leg and other injuries which required rehabilitation. The case was complicated because it involved conflict of laws among three states: New Jersey, New York and California. Settlement occurred shortly after Garces & Grabler, P.C. filed suit.

$450,000 Settlement – Auto Accident

Our client was struck from behind by a tractor trailer and sustained serious injuries. The case was settled for $450,000.00 by Lawrence Lebrocq, Esq. a senior trial attorney with the law firm of Garces & Grabler, P.C. at trial but prior to the jury returning a verdict.

$425,000 Settlement – Construction Accident

Gary Cavalli, supervising attorney of the personal injury team, obtained a $425,000 settlement on behalf of a 25-year-old construction worker who fell when negligently constructed scaffolding at a construction site gave way. Our client underwent surgery for repair of a fractured femur. The case was settled after a settlement conference and prior to trial.

$375,000 Settlement – Auto Accident

Lawrence Lebrocq, Esq. a senior trial attorney with the firm of Garces & Grabler, P.C., reached a settlement of $375,000 when our client's car was struck by another vehicle which “ran” a stop sign.

$365,000 Settlement – Auto Accident

Gary Cavalli obtained, prior to trial, a $365,000 settlement on behalf of a 37-year-old self-employed sales representative after his car was rear-ended by a tractor-trailer. The impact resulted in an injury of the lumbar spine. The matter was settled after arbitration.

$315,000 Verdict – Client Fell Off Truck at Loading Dock – Back Injury

Plaintiff was represented by New Jersey personal injury lawyer Gary A. Cavalli, Esq., senior trial attorney for Garces & Grabler, P.C. Our client was unloading a truck in Edison, New Jersey in 2003 when it moved suddenly from the loading dock. The plaintiff fell to the ground and injured his lower back which required a lumbar fusion. The case was tried before a 3-attorney arbitration panel and a verdict of $315,000 was awarded. While the case was pending, our client also received temporary disability benefits from the workers' compensation insurance carrier and received an additional lump sum award in connection with his workers' compensation case.

$250,000 Jury Verdict – Products Liability

Our client, a gymnast, sustained a tibia plateau fracture requiring surgical repair. Unable to settle the case with defendant's insurance carrier, Lawrence Lebrocq, Esq. obtained a $250,000.00 jury verdict after a trial.

$245,000 Settlement – Auto Accident

Gary Cavalli obtained, prior to arbitration and trial, a $245,000 settlement on behalf of a 54-year-old disabled veteran who was involved in a motor vehicle accident. The impact caused the aggravation of a pre-existing back injury. The defendant in this case ran a red light.

$225,000 Settlement – Public Transit Accident, Passenger on Bus

Gary Cavalli obtained, prior to arbitration, a $225,000 settlement on behalf of an 89-year-old woman who was a passenger on a tour bus. After our client got up to use the restroom while the bus was stopped, the driver suddenly started to move forward, then abruptly stopped. As a result, the plaintiff was injured.

$210,000 Settlement – Construction Accident

Client fractured ankle after falling from roof. Mr. Lebrocq was able to demonstrate that the general contractor was negligent and settled the case for $210,000 prior to trial.

$200,000 Settlement – Auto Accident Involving Pedestrian

Client struck by car, leg is fractured. Lawrence Lebrocq, senior attorney in Garces & Grabler, P.C.’s personal injury department and a certified civil trial attorney, settled a case on behalf of his client who was struck by a drunk driver while unloading a produce truck. The insurance company for the driver offered the entire amount of its policy, $100,000. The insurance carrier for the bar where the driver had been drinking prior to the accident also paid $100,000 pursuant to New Jersey's Dram Shop Act.

$150,110 Judgment – Auto Accident

Client wins $150,110 judgment after insurance company refuses to make fair offer Alan Grening represented the driver of a car who received a back injury due to the negligence of another driver who was coming out of a parking lot. Mr. Grening decided to take this case to trial because the insurance company for the other driver refused to make a fair and just offer. The jury returned a verdict of $150,110 on behalf of our client.

$300,000 Settlement Obtained – Landscaper Bitten by Dog

Kevin S. Riechelson, Esq., Managing Attorney for the Trenton office of the law firm of Garces & Grabler, P.C., obtained an insurance settlement of $250,000 (plus $50,000 for medical bills and lost wages). The client was attacked by a large dog named Congo, while working as a landscaper on an estate in Princeton, NJ. In October 2007, the homeowner’s insurance company agreed to settle the case for $250,000 for our client's pain, suffering and permanent injuries. They paid an additional $50,000 towards his medical bills and lost wages.

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$167,500 Settlement Obtained in Sidewalk Fall-Down Case

Alan Grening, a senior associate with the firm, obtained this settlement on behalf of a 55-year-old man. The sidewalk was raised by tree roots growing underneath. There was no shade tree commission in the town where the injury occurred.

Researching the matter, Mr. Grening located case law placing responsibility for maintenance on commercial property owners. The problem was that the exact spot where the injury occurred was on the border of two different property owners and both denied ownership and responsibility. Suit was filed against both property owners and the insurance carriers for both property owners denied the claim. However, prior to trial, one of the store owners applied for a permit to repair that portion of the sidewalk. The insurance carrier for that property owner was forced to admit the owner of that store did in fact own the property bordering the raised sidewalk and conceded liability, settling the claim for $167,500.

$63,500 Jury Verdict — Contested Liability and Damages

This case, handled by Alan Grening, involved moderate injuries sustained by a 32-year-old man and his 12-year-old son who were passengers in a taxi when it collided with another vehicle at an intersection in Perth Amboy. The insurance companies for both the taxi and the car disputed fault and, in addition, took the position that the father's injuries were not related to this collision because he had sustained similar back injuries in two prior accidents. The son had very limited chiropractic treatment. Since neither insurance company was willing to voluntarily settle, Alan took this case to trial in Middlesex County and liability and damage issues were decided by a jury.

Despite several obstacles, Mr. Grening obtained a substantial verdict. A major reason was that Mr. Grening, upon cross-examination of one of the defendant's expert witnesses, a neurosurgeon, got the doctor to admit under oath that he never reviewed the father's MRI films and chiropractor's report and the doctor also admitted that he did not review the medical records of the 12-year-old son.

Criminal, DWI/DUI and Traffic Defense

At Garces & Grabler, P.C. the Clients' Success is Our Success

Read a client review of New Jersey Traffic Ticket Attorney Jonathan Kessous.

Leaving the Scene of an Accident Charges Dismissed

In April of 2012 Jonathan Kessous, Esq., of the Traffic Defense Unit of Garces & Grabler, P.C. represented G.M.A within a busy city municipal court in Union County. G.M.A was charged with rear-ending a vehicle and leaving the scene. His front license plate was found at the scene and he subsequently admitted to the conduct to police later that night out of a momentary act of fear and subsequent regret. The victims, including a young girl, claimed injuries and psychological trauma. Their position to the Court and the municipal prosecutor was that the Defendant should be prosecuted to the fullest extent of the law, which would necessarily include a one (1) year suspension of his driving privileges. As a CDL, such an event would have been devastating to G.M.A. and his ability to support his family. Although the facts of the case were not in the Defendant's favor, Mr. Kessous was able to successfully have the most serious charge of leaving the scene of the accident dismissed, with an ultimate resolution that involved a modest fine and no loss of driving privileges. This negotiated plea agreement was effectuated as a result of good will and mutual respect developed between attorneys within the Criminal and Traffic Defense Unit and court personnel over the last decade.

Criminal Charges for Underage DWI Dismissed

In April of 2012 Jonathan Kessous, Esq., of the Criminal and Traffic/DWI Defense Unit of Garces & Grabler, P.C. represented F.R. within a busy municipal court in Middlesex County. F.R. was charged with DWI as the State alleged a blood draw after an accident resulted in a BAC reading of .14, almost 2x the legal limit. To make matters even more difficult, the Defendant was under the age of twenty-one (21) and therefore was also charged with a criminal allegation of underage drinking and operating a motor vehicle after underage consumption of alcohol, commonly referred to as a "kiddie drunk" charge. In this matter, while the criminal and DWI violations were issued within the statutory period allowed by law, the police delayed filing these more serious charges until AFTER the blood test results returned from the State Police laboratory. In that interim, an issued careless driving charge was adjudicated. Mr. Kessous argued that this scenario created a constitutional defense of Double Jeopardy/Necessary Joinder; where ALL charges must be filed simultaneously so that a Defendant need not worry that subsequent charges may ensue after he reasonably believes that he resolved the matter. During surgical cross-examination of the investigating officer at a contested hearing, Mr. Kessous trapped the officer into a position where law enforcement either failed to more rapidly charge the Defendant that they purportedly suspected was involved in a DWI scenario (by compelling him to submit to the blood test); or in the alternative, if they were truly not aware of the possibility of a DWI issue until after the test results returned, then they necessarily failed to have probable cause to even compel the Defendant to submit to the blood test at all on the eve of the accident. The Defense counsel's motion to dismiss all of the criminal and DWI related charges was granted by the Court.

Client Accused of Striking Pedestrian Found Not Guilty

In April of 2012, Pasquale O. Vella, Esq. of the Criminal Defense Unit of Garces & Grabler, P.C. represented a client, "J.H." in an Essex County Municipal Court accused of striking a New Jersey Turnpike Authority worker while on duty. Initially, "J.H." was accused of committing the following motor vehicle infractions: Reckless Driving, Improper Backing on a New Jersey Turnpike Ramp & Disregarding New Jersey Turnpike Signs. After various Court Appearances and multiple conversations with the Municipal Prosecutor the matter was set for Trial. On the day of Trial and as a result of substantial preparation, Mr. Vella was able to convince both the Municipal Prosecutor and the Presiding Judge to dismiss the matter based on substantial flaws in the State's case which would preclude them from proving their case beyond a reasonable doubt.

DWI Defendant Found Not Guilty

In April of 2012, Jonathan A. Kessous, Esq., of the DWI Defense Unit of Garces & Grabler, P.C. obtained an acquittal after a late evening trial in a Union County bustling city municipal court. After responding to an accident investigation, A.M.T. was arrested and removed to the police station for breath testing, resulting in purported breath test readings above the legal limit. As a result of extensive motion practice with the legal writing assistance of Mr. Pasquale Vella, Esq., also of the DWI Defense Unit for the firm, Mr. Kessous had the court preclude the admission of the breath test readings into evidence, as well as the in-station video surveillance tape that purportedly showed the Defendant to be highly intoxicated. Subsequently, at the time of trial, Mr. Kessous successfully argued to the Court that the police observation testimony of intoxication was, in fact, merely subjective opinions of law enforcement; the primary officer in the investigation not having pursued any continuing DWI observation training within the past ten (10) years per his own testimony during vigorous cross-examination. Rather, police observations may well have been exhibitions of personal injury sustained by the 55+ year old Defendant at the time of the accident, therefore precluding the State from proving intoxication beyond a reasonable doubt. The Defendant was therefore found to be "not guilty" of the DWI charge by the Court.

Weigh Station Violation Charges Dismissed

In April of 2012, Jonathan A. Kessous, Esq., of the Traffic Defense Unit of Garces & Grabler, P.C. represented J.R. within a municipal court within Middlesex County. A CDL, J.R. was accused of intentionally avoiding a weigh station. Mr. Kessous successfully advocated to the Court that the NJ State Trooper charged the Defendant under the wrong statute, and that the time to file a new charge under the correct statute had expired. The charge was accordingly dismissed.

Breath Test Refusal Charge Dismissed

In March of 2012, Jonathan A. Kessous, Esq., of the DWI Defense Unit of Garces & Grabler, P.C. represented A.B.T. for an allegation of Refusal to submit to a breath test as well as a DWI violation within a municipality in Middlesex County. Despite the Defendant's blatantly disrespectful, aggressive, and uncooperative conduct with law enforcement on the night in question, Mr. Kessous successfully persuaded the municipal prosecutor to dismiss the refusal, resulting in a three- (3) month suspension of driving privileges as opposed to the mandatory 7-12 months on the Refusal. Furthermore, no interlock device requirement ensued, as normally required for any Refusal conviction. Rather than downplay the Defendant's behavior at the time of the arrest, Mr. Kessous indicated to all parties with medical and legal research that such behavior was consistent with anxiety generated aggravation of a painful and chronic medical condition of the Defendant as a complete defense to the allegation that he intentionally Refused to submit to the breath tests.

Attempted Murder Charge Amended to Aggravated Assault

In March of 2012, Jonathan A. Kessous, Esq., and Samuel Perez, Esq., of the Criminal Defense Unit of Garces & Grabler, P.C. represented R.M.P. in the Somerset County Superior Court. He was initially charged with an Attempted Murder that would have resulted in prison sentence of well more than ten (10) years. This charge culminated from an allegation of a gang related brawl where the Defendant admitted to police that he struck a brawl participant while driving away from the melee, striking the victim and crushing his legs. Contradictory statements suggesting that the action was intentional existed. Nonetheless, a negotiated plea agreement was effectuated amending the charge from 1st degree Attempted Murder to 3rd degree Aggravated Assault. Subsequently, Mr. Kessous successfully advocated to the Court that the Defendant should receive only a time-served sentence.

Narcotics Posession Charges Completely Dismissed

In January of 2012, Jonathan Kessous of the Criminal Defense Unit of the Law Offices of Garces & Grabler represented S.L. in a major municipal court within Middlesex County. S.L. was charged with the possession of narcotics and attempting to flee the police. As a result of extensive motion practice with the assistance of Pasquale Vella, Esq., also of the Criminal Defense Unit of Garces & Grabler, Mr. Kessous successfully had all criminal charges completely dismissed.

Soliciting Prostitution Charges Dismissed

In January of 2012, Jonathan Kessous of the Criminal Defense Unit of the Law Offices of Garces & Grabler represented E.H.S. in a city municipal court within Union County. E.H.S. was charged with the criminal attempt to solicit the services of an undercover police officer posing as a prostitute during an elaborate sting operation. As the Defendant was not a U.S. citizen, the consequences of this criminal conviction would have, in all likelihood, resulted in eventual deportation as a criminal offense that implicates moral turpitude. However, Mr. Kessous successfully argued that the charge must be dismissed as the police officer narrative indicated that the Defendant had approached the undercover officer and asked, "How much for it?". As the Defendant was a native Spanish speaker, Mr. Kessous argued that, "…for all intensive purposes, the Defendant may very well have just been asking her for a ride." Criminal prosecutions require strict construction of the statutes as opposed to vague interpretations. The charge was ultimately dismissed, in its entirety.

Driving While Suspended Charges Drastically Reduced

In January of 2012, Jonathan Kessous of the Traffic Defense Unit of the Law Offices of Garces & Grabler represented Y.W. in a municipal court within Bergen County. Initially charged with a 4th offense of driving while suspended and therefore susceptible to mandatory jail, extensive fines and up to an additional six (6) months additional suspension of her driving privileges, Y.W. was particularly concerned as she was a single mother supporting a family and the proofs were incontrovertible. Nonetheless, Mr. Kessous successfully effectuated a plea bargain to the drastically reduced charge of merely driving with expired privileges, with K.M only paying a modest fine of $139.

Reckless Driving Charges Reduced to 0-Point Charge

In January of 2012, Jonathan Kessous of the Traffic Defense Unit of the Law Offices of Garces & Grabler represented K.M. in a city municipal court within Union County. Initially charged with a five (5) point reckless driving ticket for purportedly improperly passing a school bus, Mr. Kessous successfully effectuated a plea bargain to the drastically reduced 0 point charge of obstructing the flow of traffic, with K.M paying a mere fine of $89.

DWI & DWI in a School Zone Charges Both Dropped

Pasquale O. Vella, Esq., of the DWI Defense Unit of the Law Offices of Garces & Grabler, P.C. represented a client accused of a DWI & a DWI in a School Zone in a Municipal Court in Middlesex County. The Defendant, M.S., was exposed to a mandatory 1 year loss of his driving privileges on the DWI in a School Zone offense as well as $3000 insurance surcharges and other monetary fines and assessments. After months of intense litigation, including but not limited to motions to exclude the State's proffered breath test results, Mr. Vella was able to persuade the Municipal Prosecutor and Municipal Judge to dismiss both charges.

On the day of Trial, Mr. Vella was able to convince the Municipal Prosecutor that they would not be able to satisfy their burden of proof beyond a reasonable doubt, despite M.S.'s somewhat poor performance on his Standard Field Sobriety Tests. This result was a combination of this law firm's commitment and expertise as it pertains to litigating DWI offenses. This result was also a culmination of mutual respect and good will with that particular municipality, developed over a period of years.

Drug Possession Charges Dismissed

In January of 2012, Samuel J. Perez Esq. of the Traffic and Criminal Defense Unit of the Law Offices of Garces & Grabler, P.C. represented W.R. in municipal court in Monmouth County on charges of Speeding, Possession of CDS in a Motor Vehicle, Possession of CDS and Possession of Drug Paraphernalia. The maximum penalty for these offenses included over $1,000 in fines, up to six (6) months of incarceration, a two (2) year loss of license and several Motor Vehicle points. Mr. Perez was able to get all of the drug charges, which included the Possession of CDS in a Motor Vehicle, Possession of CDS and Possession of Drug Paraphernalia, dismissed given the State's inability to overcome Mr. Perez's defense by proving that the alleged substance was a narcotic under the law. W.R. ultimately pleading guilty to a no-point ticket with only a fine, absent any driver's license suspension.

Lewdness and Trespassing Charges Partially Dismissed

In January of 2012, Samuel J. Perez Esq. of the Traffic and Criminal Defense Unit of the Law Offices of Garces & Grabler, P.C. represented T.H. in municipal court in Mercer County on charges of Lewdness and Trespassing. The maximum penalty for these offenses included over $1,000 in fines and up to six (6) months of incarceration. Mr. Perez was able to successfully resolve the case by displaying to the prosecutor several deficiencies in the case including the legitimacy of the stop and the factual basis for the charges. Ultimately, T.H. pleaded guilty to a minor ordinance violation with a $300 fine with the remaining count dismissed.

Harassment and Stalking Charges Dismissed

In January of 2012, Samuel J. Perez Esq. of the Traffic and Criminal Defense Unit of the Law Offices of Garces & Grabler, P.C. represented P.G. in a municipal court in Mercer County on charges of Harassment and Stalking. The maximum penalty for these offenses included over $1,000 in fines and up to six (6) months of incarceration. After the alleged victim refused to allow the matter to be disposed of during mediation, Mr. Perez was able to argue that the evidence compiled by the State, including a statement of his client, did not support the charges given his client's mental state during the commission of the alleged offenses. The prosecutor agreed and ultimately dismissed all charges against P.G.

NJ Drug Charges Completely Dismissed

In January of 2012, Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit represented R.L. for drug related criminal charges in a busy municipal court in Ocean County. Mr. Kessous persuaded the State and the Court to completely dismiss the charge without the need to actually proceed with the formal trial. Mr. Kessous utilized the officer's own police report narrative to support the position that the very nature of the stop of R.L.'s vehicle was a violation of his Constitutional Rights to be free from unreasonable government intrusion.

Driving With a Suspended License Charges Downgraded to Document Violation

In January of 2012, Jonathan A. Kessous, Esq. of the Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented S.A. in a busy municipal court within Middlesex County for operating a motor vehicle with a suspended driver's license. As S.A. had been convicted of this offense at least three times (3x) prior to the subject offense, he was susceptible to a mandatory jail term, additional loss of his driving privileges and heavy fines and surcharges. Mr. S.A. had made diligent efforts to repair his driving record prior to the immediate offense and therefore accrued great risk in the results. As a direct result of good will accrued within that court over a period of a decade, Mr. Kessous persuaded the prosecutor and the State to amend the charge to a mere document violation only, with a fine of approximately $170.00 as the only penalty for the offense.

NJ DWI and Reckless Driving Charges Completely Dismissed

In December of 2011, Jonathan A. Kessous, Esq. of the DWI Defense Unit of the Law Offices of Garces & Grabler, P.C. represented T.W. in a busy municipal court within Middlesex County for a charge of Driving While Intoxicated and reckless driving. As T.W. was a commercial truck driver with a prior conviction already on his record, he was susceptible to a permanent loss of his CDL privileges. This consequence would have completely incapacitated him from his career, indefinitely. After preparation of a legal brief prepared by Pasquale Vella, Esq., also of the DWI Defense Unit, Mr. Kessous was able to obtain a court Order barring the purported over-the-limit breath test results. Mr. Kessous subsequently persuaded the State and the Court, by pin-pointing proof issues, to completely dismiss the DWI and reckless driving charges without the need to actually proceed with the formal trial.

Leaving the Scene of an Accident Charges Amended to Failure to Report an Accident

In December of 2011, Jonathan Kessous, Esq., of the Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented J.M. in a municipal court within Middlesex County. Despite allegedly causing a motor vehicle accident and fleeing the scene, Mr. Kessous successfully persuaded the municipal prosecutor and the sitting judge to amend the charges to that of a failure to report an accident charge only, with a fine of $172. Initially, the State refused to dismiss the leaving the scene summons. This conviction would have resulted in a mandatory six (6) month suspension of the Defendant's driver's license. After the matter was scheduled for trial at the insistence of the defense, there was an inexplicable delay by the Court to proceed to trial. Working together as a team, the Traffic Defennse Unit of this law office capitalized on this development to ultimately obtain this result. This result was obtained after motion practice, including a Motion and Brief to Dismiss the Complaints for Lack of Speedy Trial prepared by Pasquale Vella, Esq., also of the Traffic Defense Unit of Garces & Grabler, P.C.

10-Point Traffic Violation Downgraded to 2-Point Violation

In December of 2011, Jonathan Kessous, Esq., of the Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented E.C. in a municipal court within Hudson County. Despite being charged with ten (10) points worth of violations and having already expended both of his 0 point unsafe driving downgrades, Mr. Kessous successfully persuaded the municipal prosecutor and the sitting judge to authorize a plea bargain to dismiss eight (8) points worth of tickets for a minimum, two (2) point speeding violation.

Driving While Suspended Charges Amended to Failing to Exhibit License

In December of 2011, Jonathan Kessous, Esq., of the Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented J.P. in a municipal court within Middlesex County. Mr. Kessous successfully persuaded the municipal prosecutor and the sitting judge to amend the serious Driving While Suspended summons to a violation of merely failing to exhibit her license, a non-reported, 0 point/0 surcharge violation. This result saved the Defendant additional suspension of her Driver's license, over $600 in fines and surcharges and the financial expense of nine (9) insurance points.

Obstruction of Justice Charges Amended to Littering Violation

In October of 2011, Jonathan Kessous, Esq., of the Criminal Defense Unit of the Law Offices of Garces & Grabler, P.C. represented R.J. in a municipal court within Middlesex County for criminal Obstruction of Justice/Tampering with Evidence by allegedly throwing a marijuana joint out of his window immediately prior to being stopped by the New Jersey State Police. As a direct result of observed weaknesses in the case as well as good will accrued with that court over a period of a decade, Mr. Kessous was able to have the charge amended to merely a local ordinance/non-criminal violation of littering.

Improper Passing Summons Downgraded to Blocking Traffic

In October of 2011, Jonathan Kessous, Esq., of the Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented T.E. in a municipal court within Burlington County. Despite allegedly causing a motor vehicle accident with injuries, Mr. Kessous successfully persuaded the municipal prosecutor and the sitting judge to amend the improper passing summons to a violation of merely blocking traffic with an $89 fine. Furthermore, the record was sealed to give some protection to T.E. and his company from any subsequent civil lawsuit concerning his plea allocution in court. This resolution saved the D from expending over $400 on the most common 0 point amendment, unsafe driving, as well as this serious blemish on the driving record of a commercial driver.

Discrepancy of Blood Alcohol Levels Reduces Loss of Driving Privileges Exposure

In October of 2011, Jonathan Kessous, Esq., of the DWI Defense Unit of the Law Offices of Garces & Grabler, P.C. represented B.R. in a municipal court within Middlesex County. Despite causing a motor vehicle accident with a purported BAC blood test reading of .10, Mr. Kessous successfully argued pursuant to cited case law that that the discrepancy between the results of the Hospital blood test results and those of the State Police were to such a degree that it rendered both of them unreliable to prove a .10 BAC. Therefore, the State proffered blood test results were deemed below the .10 borderline result, significantly decreasing the Defendant's loss of driving privileges exposure.

0 Point Downgrade Successfully Obtained

In September of 2011, Jonathan Kessous, Esq., of the Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented R.K. in a municipal court within Middlesex County. Despite having over twenty (20) points on his driver's license and having already expended both of his 0 point unsafe driving downgrades, R.K. needed a 0 point downgrade. This was necessary as he was a commercial driver who would be suspended for any other violation, resulting in a loss of employment. Mr. Kessous successfully persuaded the officer, municipal prosecutor and the sitting judge to amend four (4) points of summonses to a 0 point "delaying traffic" amendment.

Reckless Driving Summons Reduced to Unsafe Driving

In September of 2011, Jonathan Kessous, Esq., of the Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented S.M. in a municipal court within Middlesex County. Mr. Kessous successfully persuaded the municipal prosecutor and the sitting judge to amend the serious five (5) point reckless driving summons to a violation of merely unsafe driving, a 0 point violation.

DWI Blood Alcohol Test Deemed Inadmissible

In September of 2011, Jonathan Kessous, Esq., of the DWI Defense Unit of the Law Offices of Garces & Grabler, P.C. represented J.L. in a municipal court within Middlesex County. Despite allegedly causing a motor vehicle accident with a purported BAC blood test reading of .21, almost 3x the legal limit, Mr. Kessous successfully argued that the State police failed to timely provide laboratory graphs, notes and charts for independent expert review resulting from prior motion practice by the defense. Therefore, the blood test results were deemed inadmissible, significantly decreasing the Defendant's loss of driving privileges exposure along with customary interlock device and IDRC recommendation requirements typical of high BAC blood test results.

Failure to Yield Summons Downgraded

In September of 2011, Jonathan Kessous, Esq., of the Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented R.W. in a municipal court within Monmouth County. Despite causing a motor vehicle accident with injuries, Mr. Kessous successfully persuaded the municipal prosecutor and the sitting judge to amend the failure to yield summons to a violation of merely blocking traffic with an $89 fine. Furthermore, the record was sealed to give some protection to R.W. and her insurance company from any subsequent civil lawsuit concerning her plea allocution in court. This resolution saved the Defendant from expending over $400 on the most common 0 point amendment, unsafe driving.

New Jersey Drug Violations Downgraded

In September of 2011, Jonathan Kessous of the Criminal Defense Unit represented E.K. in a municipal court in Ocean County for multiple drug and drug paraphernalia violations. E.K. was pulled over by a New Jersey State Trooper. His license was suspended. After a search of his vehicle, marijuana, multiple unused baggies, a bong and Saptiva were discovered. Unfortunately, E.K. was already on a conditional discharge out of another jurisdiction. Any subsequent drug related conviction would result in possible jail terms and/or extensive loss of driving privileges from both jurisdictions, as the other matter would be re-opened as a result of the probationary violation. After extensive negotiations with the State where the validity of the stop and search were questioned, Mr. Kessous was able to resolve the matter to convictions for driving while suspended and merely disorderly conduct for utilizing coarse language towards the officer; a non drug related, petty disorderly person's offense.

New Jersey Marijuana Possession Charges Downgraded

In September of 2011, Jonathan Kessous of the Criminal Defense Unit represented Ben T. in a city municipal court in Mercer County. Ben was charged with possession of marijuana. A conviction would have resulted in serious complications to his employment. With the assistance of Sam Perez, Esq., also of the Criminal Defense Unit, the matter was downgraded to a mere City Ordinance of Consumption of Alcohol in Public.

New Jersey Marijuana Charges Dismissed

In September of 2011, Jonathan Kessous of the Criminal Defense Unit represented A.S. in a city municipal court in Middlesex County. A.S. was charged with possession of marijuana found during a prostitution sting operation. After multiple appearances, Mr. Kessous ultimately persuaded the Court to dismiss all charges, as the State would not be able to meet its burden of proof based on the case law cited, that mere presence alone within a vehicle with drugs cannot be deemed possession by such an individual.

New Jersey Speeding Ticket Dismissed

In August of 2011, Jonathan Kessous of the Traffic Defense Unit for the Law Offices of Garces & Grabler, P.C. successfully represented C.L. in a city municipal court in Middlesex County. Charged with a 4-point speeding ticket, Mr. L. could not afford to be convicted of ANY moving violations per the conditions of his probation with the MVC (DMV). Mr. L. was on probation due to several prior moving violations, including utilization of both 0-point Unsafe Driving amendments. As a direct result of good will accrued in that particular court over a decade of practicing in that area, Mr. Kessous persuaded the prosecutor and the court to dismiss his ticket, thus avoiding an additional suspension period that ordinarily would have been assessed by the MVC (DMV).

Commercial Driver Charges Amended to Non-moving Violation

In August of 2011, Jonathan Kessous of the Traffic Defense Unit for the Law Offices of Garces & Grabler, P.C. successfully represented S.M. in a city municipal court in Middlesex County. Initially charged with failing to keep right, S.M. could not afford to be convicted of this offense as he was a commercial driver (CDL). Mr. Kessous successfully amended his ticket to a 0 pt violation considered a non-moving violation by the MVC (DMV).

New Jersey DWI Dismissed Due to Breath Test Procedure Errors

In August of 2011, Jonathan Kessous of the DWI Defense Unit for the Law Offices of Garces & Grabler, P.C. successfully represented E.M. in a small municipal court in Mercer County. Despite a purported reading above the legal limit, Mr. Kessous obtained a dismissal of a DWI offense. This result occurred as Mr. Kessous documented procedural errors in the breath testing process at the time of arrest, as well as identifying alternative causes to explain the alleged intoxication observations cited by the officer.

New Jersey Driving Privileges Preserved, 5-Point Ticket Dismissed

In August of 2011, Jonathan Kessous of the Traffic Defense Unit for the Law Offices of Garces & Grabler, P.C. successfully represented Jonathan D. in a city municipal court in Middlesex County. Initially charged with reckless driving and speeding almost 40 mph over the posted limit, J.D. was facing 10 pts on his driver's license as well as a probable suspension of his privileges. As a direct result of good will accrued in that particular court over a decade of practicing in that area, Mr. Kessous persuaded the prosecutor and the court to amend one of his tickets to a single 0-point violation with no suspension of driving privileges and a dismissal of the other 5-point ticket.

Assault and Harrassment Charges Downgraded to Non-criminal Violation

In August of 2011, Samuel J. Perez, Esq. of the Traffic and Criminal Defense Unit of the Law Offices of Garces & Grabler, P.C. represented C.B. in Hightstown Municipal Court on charges of Simple Assault and Harassment stemming from an alleged domestic violence situation. The maximum penalty for these offenses included over $1,000 in fines and up to six (6) months of incarceration. After coming to an impasse during negotiations and having set the matter for trial, Mr. Perez threatened the use of prior testimony of the alleged victim from a hearing in family court to use in trial for purposes of attacking the victim's credibility. Instead of risking debilitating cross-examination, the prosecutor agreed to downgrade one of the charges to a minor ordinance/non-criminal violation with a $200 fine and dismissal of the other criminal count.

NJ Second Degree Gun Possession Charges Reduced to Fourth Degree Offense

In August of 2011, Samuel J. Perez, Esq. of the Criminal and Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented T.J. in Camden County Superior Court on multiple charges including a second degree charge of Possession of a Handgun, customarily punishable with a term of 5-10 years in New Jersey State Prison including a mandatory period of parole ineligibility of at least 3 years. After filing a motion to suppress evidence, Mr. Perez was able to negotiate a plea that included the dismissal of the second degree charge. Ultimately, T.J. pled guilty to a fourth degree offense.

NJ Driving Charges Amended, Jail and Excessive Fines Avoided

In July of 2011, Jonathan Kessous of the Traffic Defense Unit for the Law Offices of Garces & Grabler, P.C. successfully represented Keith T. in a city municipal court in Middlesex County. Keith was charged with driving while suspended. Unfortunately, as a 7th offense, he was susceptible to mandatory jail time, excessive fines and surcharges as well as up to six months additional loss of his driving privileges. Nonetheless, Mr. Kessous was able to persuade the municipal prosecutor to amend the charge to that of operating a motor vehicle with expired privileges, thus avoiding jail as well as an excessive loss of driving privileges and fines.

NJ Driving Charges Amended, Jail Avoided

In July of 2011, Jonathan Kessous of the Traffic Defense Unit for the Law Offices of Garces & Grabler, P.C. successfully represented Y.L-H. in a city municipal court in Union County. Ms. H. was charged with driving while suspended. Unfortunately, as the basis of the suspension was a previous DWI conviction where at sentencing she was specifically advised by that court that to drive would result in mandatory 10-90 days jail, 1-2 yrs additional loss of driving privileges and a minimum $1000 fine, she was afraid. Despite the overwhelming proofs against her, Mr. Kessous was able to persuade the municipal prosecutor and judge to amend the charge to that of operating a motor vehicle with expired privileges, thus avoiding jail as well as an excessive loss of driving privileges and fines.

NJ DWI Dismissed

In July of 2011, Jonathan Kessous of the DWI Defense Unit for the Law Offices of Garces & Grabler, P.C. successfully represented B.D. in a municipal court in Middlesex County. Despite a purported reading above the legal limit, Mr. Kessous obtained a dismissal of a DWI offense. This result occurred as Mr. Kessous, along with the assistance of Pasquale Vella, Esq., also of the DWI Defense Unit, obtained a Court Order on defense motion to compel production of repair records for the Alcotest breath testing device. As the State failed to comply with the Order in a timely manner, the presumptive illegal breath testing result was barred from being used against the Defendant. Mr. Kessous then successfully identified alternative causes to explain the alleged intoxication observations cited by the NJ State Trooper.

Criminal Assault Charges Resolved

In June of 2011 Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented A.J. in a major municipal court within Middlesex County for criminal assault charges that stemmed from a domestic dispute with his spouse. Despite the fact that law enforcement observed physical signs of injury to the victim, the matters were resolved to minor fines for a local ordinance violation as opposed to any criminal convictions and/or anger management attendance requirements.

Leaving the Scene of an Accident Charges Dismissed – Middlesex County

In June of 2011 Jonathan Kessous, Esq. of the Traffic and Criminal Defense Unit of the Law Offices of Garces & Grabler, P.C. represented J.M. in a major municipal court within Middlesex County for charges that he had caused and left the scene of a three car accident on Route 287. Convictions for these charges would have resulted in a minimum mandatory suspension of NJ driving privileges of six (6) months and motor vehicle points. As a corrections officer, J.M. could not afford to sustain these convictions. As a result of good will and professional respect accrued with the prosecutor's office and the Court over several years, the leaving the scene of the accident charge was dismissed while the moving violation was amended to a 0 point, low-fine ticket.

Leaving the Scene of an Accident Charges Dismissed

In June of 2011 Jonathan Kessous, Esq. of the Traffic and Criminal Defense Unit of the Law Offices of Garces & Grabler, P.C. represented Andrew F. in a municipal court within Middlesex County. Andrew was accused of causing and leaving the scene of an accident. Convictions for these charges would have resulted in a minimum mandatory suspension of NJ driving privileges of six (6) months and motor vehicle points. As a result of good will and professional respect accrued with the prosecutor's office and the Court over several years, the leaving the scene of the accident charge was dismissed while our client paid a modest fine for remaining minor tickets.

Leaving the Scene of an Accident Charges Dismissed – Ocean County, NJ

In May of 2011 Jonathan Kessous, Esq. of the Traffic and Criminal Defense Unit of the Law Offices of Garces & Grabler, P.C. represented Ken N. in a major municipal court within Ocean County for a charge that he had caused and left the scene of an accident. Convictions for these charges would have resulted in a minimum mandatory suspension of NJ driving privileges of six (6) months and motor vehicle points. The other driver identified the vehicle as a result of following him for some time before contacting the NJ State Police. Fortunately, Ken contacted this office rather than answer any questions posed to him from law enforcement. The leaving the scene of the accident charge was dismissed while our client paid modest fines on the remaining violations.

Criminal Disorderly Conduct Charges Resolved

In May of 2011 Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented A.P. in a major municipal court within Middlesex County for criminal disorderly conduct and other related charges that stemmed from a neighborhood dispute and public intoxication. Despite the fact that law enforcement had to return to the scene three (3x) times as a result of the Defendant's conduct. Nonetheless, the matters were resolved to minor fines for local ordinance violations as opposed to any criminal convictions.

Driver Proved He Did Not Cause Death of Pedestrian – Loss of Driving Privileges Reduced

In May of 2011 Michele Labrada, Esq. of the Criminal and Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented A.P. in Morris County Superior Court for a 2d degree charge of leaving the scene of a fatal car accident, customarily punishable with a term of 5-10 years in the New Jersey State Prison system, including a presumptive incarceration sentence even for 1st time offenders. After extensive negotiations and a review of the discovery materials, Ms. Labrada was able to conclusively prove that this young man could not have possibly caused the death of the pedestrian victim. The Defendant entered the PTI program. While he did lose his driving privilege, it is anticipated that he will not accrue a criminal conviction from these charges. Subsequently, Jonathan A. Kessous, Esq., also of the Criminal and Traffic Defense Unit, successfully reduced the three (3) years loss of driving privileges assessed by the MVC (DMV) prior to our office being retained by A.P. to only one (1) year.

Marijuana Charges Dropped

In May of 2011 Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit of the Law Offices of Garces & Grabler, P.C. represented R.G in a major municipal court within Somerset County for charges relating to operating and possession of Marijuana within a Motor Vehicle. Convictions for these charges would have resulted in a minimum mandatory suspension of NJ driving privileges of six (6) to twenty-four (24) months. The Defendant was stopped by law enforcement as a result of a "Good Samaritan" phone call reporting R.S.'s involvement in a loud domestic violence dispute before he and his girlfriend left the mall parking lot. After the traffic stop by police ostensibly for the girlfriend's safety, an odor of Marijuana was observed, which resulted in the consent search of the automobile and the discovery of the purported Marijuana. After filing a Motion to Suppress evidence, Mr. Kessous persuaded the municipal prosecutor and the Court to completely dismiss the charges based on the legal argument that any emergent circumstances justifying the stop had expired once the couple left the mall parking lot, as there was no evidence presented of any knowledge by the police before the stop of any physical assault. It should be noted that this result was accomplished despite the fact that R.G. had been arrested for marijuana related offenses and successfully defended by the Criminal Defense Unit of the Law Offices of Garces & Grabler, P.C. on several prior occasions.

Second Offense DWI Charges Dismissed

In May of 2011 Jonathan Kessous, Esq. of the DWI Defense Unit of the Law Offices of Garces & Grabler, P.C. successfully represented G.M. in a municipal court in Gloucester County. G.M. was charged with DWI where his passenger was seriously injured when his vehicle rear-ended a truck transporting several motor vehicles. G.M. was facing 2d offense penalties for the DWI violation as well as a possible criminal charge of Aggravated Assault with a Motor Vehicle, punishable with a State Prison term of 5-10 years. A year of litigation ensued where Mr. Kessous assembled a defense team consisting of Mr. Samuel Perez Esq. of the DWI Defense Unit of Garces & Grabler, P.C., a private investigator, a former Chief forensic scientist, and an independent laboratory. The defense team discovered that the typical State Police Blood Draw Kit had not been used to draw the blood sample from the Defendant. The kit that was used preserved an insufficient amount of blood for the defense to obtain an independent examination. The State's DWI case against the Defendant was subsequently dismissed after a motion was filed and argued by the firm. Furthermore, the Defendant ultimately resolved the matter to a modest fine and a traffic conviction that sealed a "double jeopardy" defense, thus rendering it impossible for the State to ever proceed against him for the potential criminal charges. No loss of driving privileges were assessed against G.M.

Defiant Trespassing Charges Dismissed

In May of 2011 Jonathan Kessous, Esq. of the Criminal Defense Unit of the Law Offices of Garces & Grabler, P.C. represented B.A. in a municipal court within Middlesex County for Defiant Trespassing. Specifically, the police had advised a local Church that they believed B.A. had generated harassing letters left within the building that were discovered and duly reported by B.A. during his voluntary community/religious service activities. Subsequently, B.A. was advised that he was no longer allowed on the premises under penalty of a trespassing criminal complaint. A devout individual as well as a practicing attorney, B.S. believed that his rights to free expression as well as freedom of worship were being violated. Therefore, a month later, he attended a religious service at the location and was subsequently charged with a criminal violation that carried the possibility of jail as well as implications for his career. Fortunately, B.A. contacted our Criminal Defense Team. With the assistance of Samuel Perez, Esq., Mr. Kessous submitted a highly contested Motion to Dismiss the Complaint, based on the arguments that any privately owned area open to the public must obtain a Court Order before excluding any member of the public, particularly when there exists an invitation for worship. After hearing oral argument by Mr. Kessous in defense of B.A.'s conduct, the charge was formally dismissed by the Court over the objection of the law enforcement authorities.

Six-Point Traffic Ticket Charges Reduced to No Points, Minor Fine

In April of 2011, New Jersey Traffic Defense Lawyer Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler, P.C. represented N.K., a professional engineer accused in a small town in Mercer County of causing a motor vehicle accident. Initially facing six (6) motor vehicle points, Mr. Kessous was able to negotiate the charges into a single conviction of obstructing traffic, a no-point violation with a fine of only $89. Furthermore, the record was sealed to protect the Defendant from having his plea allocution used against him in any future litigation.

Criminal Drug Possession Charges Reduced to Non-Criminal

In March of 2011, New Jersey Criminal Defense Lawyer Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler, P.C. represented S.R. in a major town in Middlesex County. Mr. R. was arrested when the NJ State Police searched his truck and found marijuana and accompanying paraphernalia. As a commercial driver with contraband found within his vehicle, this Defendant was facing losing his commercial driving privileges, and thus his employment, for a full year. After the preparation of a discovery motion and a motion to suppress, the matter was ultimately resolved to an amendment to a non-criminal charge of merely a local ordinance, with an accompanying $183 fine.

Five-Point Traffic Ticket Negotiated to No Points

In March of 2011, New Jersey Traffic Ticket Lawyer Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler, P.C. represented O.C. in a small town in Middlesex County. Accused of speeding at a rate of 93 mph in a 55 mph zone, the Defendant was facing a five (5) point assessment and a possible suspension of his driving privileges. Mr. Kessous was able to negotiate the charge to a no-point amendment, with no loss of his requisite driving privileges.

Stabbing Case Results in No Criminal Conviction

In April of 2011, New Jersey Criminal Defense Lawyer Jonathan A. Kessous, Esq. of the Law Offices of Garces & Grabler, P.C. represented Paul M., a senior citizen accused of the violent act of slashing at another individual with a pocket knife at a bus stop during a verbal altercation in Mercer County. Prior to retaining the services of this law firm, the Defendant already provided a detailed statement to law enforcement admitting to the criminal offense. The victim appeared in Court looking to have the Defendant sentenced to the maximum fines and jail time allowed under the law. Nonetheless, Mr. Kessous was able to persuade all parties and the court to an alternative disposition that did not carry any jail term or even a criminal conviction.

Reckless Driving Charges Dismissed, Points on License Reduced

In April of 2011, New Jersey Traffic Ticket Lawyer Jonathan A. Kessous, Esq. of the Law Offices of Garces & Grabler, P.C. represented T.L. in a small township within Monmouth County. The Defendant was accused of reckless driving and speeding 91 mph within a 65 mph zone, 9 points if convicted of all charges. As a driver for an agency within the federal government, the results of this case could have had a drastic impact on his employment during these difficult economic times. Mr. Kessous was able to have the reckless driving completely dismissed while the speeding was amended to a mere 2 point violation with a fine of approximately $200.

Driving Without Insurance Charges Reduced

In April of 2011, New Jersey Traffic Ticket Lawyer Jonathan A. Kessous, Esq. of the Law Offices of Garces & Grabler, P.C. represented F.H. in a small township within Middlesex County. The Defendant was accused of driving without insurance, a minimum mandatory 1-year suspension of driving privileges, if convicted. Mr. Kessous successfully argued that the customary burden of the presumption of guilt for this offense on an owner/operator should not apply, per his cited case law, as the Defendant's ex-girlfriend had previously been responsible for the car insurance payments, with the parties going their separate ways during the period of the lapse of coverage. Furthermore, as a single father, the Defendant could not afford to lose his license under any circumstances. Ultimately, the charges were amended to mere document violations only, with no loss of driving privileges or surcharges of any kind.

Reckless Driving Charges Reduced

In April of 2011, New Jersey DWI Lawyer Jonathan A. Kessous, Esq. of the Law Offices of Garces & Grabler, P.C. represented M.M. within a Middlesex County municipal court. The Defendant was accused of reckless driving and leaving the scene of an accident. Specifically, the police alleged that after the crash on a major roadway one evening, M.M. left the car and appeared the next morning for questioning still intoxicated from the previous evening. The police also knew from M.M's history that he had previously been convicted of a DWI offense. Not only was this Defendant not charged with the DWI, it should be noted that his matter was resolved to a modest fine, with no loss of driving privileges, and only a 2-point moving violation.

Driving Without License Violations Resolved

In March of 2011, New Jersey Traffic Ticket Lawyer Jonathan A. Kessous, Esq. of the Law Offices of Garces & Grabler, P.C. represented C.A. in multiple townships within Middlesex County for operating a motor vehicle without a Drivers license. Despite each one of these violations customarily requiring a 6-month restriction on obtaining a license, Mr. Kessous managed to resolve all of these matters without ANY court ordered suspensions restricting the Defendant from finally pursuing his tests to obtain a license to drive in NJ.

Leaving the Scene of Accident Dismissed – Driving Privileges Saved

In March of this year, Pasquale O. Vella, Esq. of the Criminal and Traffic Defense unit of Garces & Grabler, P.C., represented in a municipal court in Somerset County a client accused of Leaving the Scene of a Motor Vehicle Accident. Our client, "A.P.," a single parent of three (3) children, was subject to a heavy monetary fine, a mandatory six- (6) month loss of her driving privileges along with a potential jail term, which could not be served through community service.

After five (5) months of pre-trial litigation, the matter was set down for trial. On the day of trial, Mr. Vella successfully convinced both the municipal prosecutor and the police officer involved that they would not be able to satisfy their burden of proof at trial. As a result, all charges were dismissed against "A.P."

Harassment Charges Dismissed

In March of 2011 New Jersey Criminal Defense Attorney Jonathan A. Kessous, Esq. of the Law Offices of Garces & Grabler, P.C. represented J.M. in a busy municipal court in Middlesex County. J.M had been charged criminally with three (3) related counts of harassment by former co-workers. After his termination of employment, J.M apparently shared his frustrations concerning the incident on Facebook. Mr. Kessous was able to persuade the municipal prosecutor as well as the Complainants that the charges may be susceptible to a Motion to Dismiss. This development was in light of the fact that the State could not prove that such postings on Facebook constituted an intention on J.M's part to "annoy or alarm" those specific individuals beyond a reasonable doubt. Furthermore, Mr. Kessous also had indicated the truth of the matter: that the Defendant has moved on with his life. All charges were dismissed.

Moving Violation – Driving Privileges Penalties Reduced

In February of 2011, New Jersey traffic ticket attorney Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler, P.C. represented F.S. in a MVC/DMV hearing in Trenton, New Jersey. F.S. had previously plead guilty to a minor motor vehicle charge in a municipal court absent the benefit of experienced counsel. Therefore, he was not aware that the DMV computers would register a moving violation conviction during a period of suspension. A Notice of Proposed Suspension for 180 days was generated. Fortunately for F.S., the firm of Garces & Grabler, P.C. has an office in Trenton, directly across the street from the MVC/DMV facility, routinely appearing for these hearings to defend similarly situated individuals struggling to preserve their necessary driving privileges. Ultimately, the 180 day suspension was negotiated down to only 15 days loss of driving privileges, thus saving F.S. his recently procured employment as a truck driver in Northern New Jersey.

Traffic Charges Reduced in Somerset County Municipal Court

In February of 2011, New Jersey traffic ticket attorney Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler, P.C. represented H.D.G. in a municipal court in Somerset County. Despite the fact that H.D.G. was the owner and operator of a motor vehicle without insurance coverage and therefore presumed guilty of the offense under the law, Mr. Kessous had utilized good will accumulated over ten (10) years with the municipal prosecutor to have the charge amended to a minor, no point document violation. It should also be noted that this end was accomplished despite the fact that H.D.G's driving privileges had been expired at the time as well. These results saved H.D.G. from having his driving privileges suspended for at least one (1) full year, with any subsequent driving during that period would result in a term of incarceration up to ninety (90) days and extraordinarily high fines.

Criminal and Traffic Charges Favorably Resolved

In February of 2011, New Jersey traffic ticket attorney Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler, P.C. represented E.S. in a municipal court in Middlesex County. E.S. was charged with driving while suspended as a multiple offender and leaving the scene of a motor vehicle accident, as he was suspected of also driving while intoxicated. After being followed to his home by the purported victims, law enforcement appeared at his door for questioning. According to the police and neighbors questioned, E.S. feigned not being at home and refused to answer the door on multiple occasions, all the while audibly talking to someone else in the apartment. The authorities therefore also charged E.S. criminally for Obstructing a Police Investigation. While in Court, the family of the driving victim understandably insisted on the harshest of punishments. Nonetheless, Mr. Kessous engaged them, law enforcement, and the Court and resolved the matter favorably for E.S. The most serious of the charges, the criminal complaint and the leaving the scene of the accident, were ultimately dismissed, with no incarceration and the loss of driving privileges for only thirty (30) days; particularly minor compared to the eighteen (18) month loss of driving privileges, extensive fines and jail term to which he had been initially exposed. Mr. Kessous also had the municipal court record "reserved", or sealed, to add some protection from a subsequent civil lawsuit.

Criminal Conviction Overturned

In January of 2011, Jonathan A. Kessous, Esq., of the Criminal Defense Unit of Garces & Grabler represented a young woman in a municipal court in Monmouth County on a Post Conviction Relief (PCR) application to re-open a criminal matter.

The previous year, Ms. W.T. had elected to represent herself, without the benefit of experienced counsel, for a shoplifting allegation. Following her conviction, she was advised by the State of New Jersey that she would be precluded from retaining her Certification as a Home Health Care worker as a result of the criminal conviction.

Mr. Kessous was able to determine that there existed a default in the plea allocution as reflected in the transcripts of the pro se proceedings. Furthermore, Mr. Kessous argued that similar to the Padilla Supreme Court decision that now requires a non-citizen to be advised by the Court of immigration consequences prior to a guilty plea, so too Ms. W.T. should have been advised of the possible consequences to her employment as a result of the plea. The conviction was then successfully vacated and the matter was disposed in such a way where the Defendant was not convicted of any criminal offense.

Criminal Charges Dismissed

In December of 2010, New Jersey Criminal Defense Attorney Jonathan Kessous, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler, P.C. represented A.C. in a municipal court in Mercer County. While his charges on the surface were serving alcohol to a minor, law enforcement took statements from minors implicating the Defendant in attempting to ply a minor with alcohol to take sexual liberties with her. A Wade motion and legal brief prepared with the assistance of Mr. Pasquale Vella, Esq. of the Criminal and Traffic Defense Unit, Mr. Kessous successfully challenged in a hearing the identification procedure used by law enforcement with the minors as overly and unfairly suggestive that the perpetrator was A.C. The criminal charge was ultimately dismissed.

Criminal and Traffic Violation Charges Dismissed

In December 2010, New Jersey Criminal Defense Attorney Jonathan Kessous, Esq. of the Criminal and Traffic Defense unit of Garces & Grabler, P.C. represented T.H. for a serious allegation of Eluding the police in a city chase, along with other traffic related offenses. After several appearances as well as comprehensive memoranda detailing T.H.'s psychological condition at the time and a complete background narrative prepared by this office, the prosecutor and the court ultimately dismissed the charges.

No Conviction of Criminal Charges

In November 2010, Jonathan Kessous, Esq. of the Criminal and Traffic Defense unit of Garces & Grabler represented M.P. in the Newark Municipal Court. M.P. was charged with Possession of a Controlled and Dangerous Substance along with some traffic infractions. As a result of motion practice by this office, M.P. was not convicted of any criminal charges. This was fortunate as a criminal conviction would have resulted in a parole violation for this particular Defendant.

Criminal Charges Suppressed

In December of 2010, Jonathan Kessous of the Law Offices of Garces and Grabler, P.C. successfully represented a young man, Mr. W., in a municipal court within Mercer County who had been arrested for possession of marijuana in his motor vehicle. Mr. W. was exposed to a criminal conviction that carries up to six (6) months jail, a thousand dollar fine, and a loss of license of at least six (6) months to two (2) years. This arrest was a result of a Narcotic Squad “sting” operation where it was alleged that officers observed the Defendant allegedly purchasing the substance from another male while in a public park. Mr. W was subsequently pulled over and compelled to produce for law enforcement the marijuana. A legal brief in support of a Motion to Suppress evidence was prepared by Samuel Perez, Esq., also a member of the criminal defense team. Mr. Kessous then successfully argued the motion and persuaded the Court that Mr. W's constitutional rights were blatantly violated with the stop and search of his vehicle without a warrant to do so. All of the evidence illegally obtained by the police in this investigation, including Mr. W's incriminating statements and even the actual marijuana that he produced for the police, was ordered Suppressed and could not be used against him at trial. Mr. Kessous then persuaded the municipal prosecutor not to appeal the decision based on the legal merits of the Court's findings.

DWI Alcotest Excluded

New Jersey DWI attorney Pasquale O. Vella, Esq. of the Law Offices of Garces & Grabler, P.C. represented a decorated Navy E-6 Petty Officer accused of Driving While Intoxicated in a township Municipal Court within Union County. The Defendant, “A.B.”, who was Honorably Discharged from the Navy after six (6) years of service, was exposed to a mandatory seven (7) month to one (1) year suspension of his driving privileges....Read Full Story

New Jersey DWI Attorney Persuades Court to Dismiss DWI Charges

In December of 2010, New Jersey DWI defense attorney Jonathan Kessous of the Law Offices of Garces & Grabler, P.C. successfully persuaded a Municipal Court within Essex County to dismiss a DWI for Ms. T.R.....Read Full Story

DWI Violation Dismissed

In August of 2010, Garces & Grabler P.C.’s Criminal and Traffic Defense Unit defended T.P. against DWI allegations in a Municipal Court within Middlesex County. As a striving chef caring for his ailing mother, T.P. was adamant that he simply could not afford a DWI conviction and urged the Law Offices of Garces & Grabler, P.C. to utilize all of its resources to aggressively defend him from these charges. With a Breath Test reading of almost 3x the legal limit (.22), this office concluded that the weaker case for the State based on the facts was the “operation” element of the statute, as the Defendant was discovered legally parked in the lot of a strip mall asleep in his car with the engine running. A Motion to Suppress initially briefed by Jonathan A. Kessous, Esq. of the DWI Defense Unit was submitted in July 2010 with respect to the Defendant’s operation and intent to operate his motor vehicle. At the suppression hearing, Joseph Compitello, Esq., also of the Criminal and Traffic Defense Unit, appeared ready to proceed. After extensive conferencing, Mr. Compitello effectively persuaded the Judge, a former prosecutor for many years, that the DWI should be dismissed pursuant to the Defendant’s motion based on current law (including citation to researched unpublished legal decisions) and the facts of the case. Despite the Defendant’s breath test readings being almost 3x the legal limit, the DWI violation was dismissed, saving T.P. easily over ten (10) thousand dollars in customary court fines, lost revenues from extensive loss of driving privileges that could have been up to a year, surcharges to the DMV, and increased insurance premiums.

Sexual Assault Charge Dismissed

In July of 2010, Joseph J. Compitello, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler, P.C. represented K.M., accused of Second Degree Sexual Assault in Mercer County Superior Court. At the first bail hearing in November 2009, Joseph J. Compitello, Esq. was able to convince Judge Robert Billmeier to reduce the bail to the minimum of $50k, thereby allowing K.M.’s family to post bail to get K.M. home. After six (6) months of intense negotiations, Defense Counsel and the Mercer County Prosecutor’s Office negotiated a plea agreement whereby the Defendant would plead guilty to a 3rd Degree Endangering the Welfare of a Child with the remaining charge of Sexual Assault being dismissed. Ultimately, the Defendant was sentenced to a Non-Custodial Term of three (3) years Probation with no Megan’s Law or Community/Parole Supervision for Life requirements. K.M. originally faced up to ten (10) years in prison on the original charges, along with the brutal stigmas of a Megan’s Law classification and Community/Parole Supervision for Life.

Filming without Authorization Charges Dismissed

In July of 2010, Pasquale O. Vella, Esq. represented “J.L.” in Newark Municipal Court. “J.L.” a well-known professional photographer who has a continuing affiliation with the likes of MTV, VH-1, WEtv, Oxygen and Playboy was accused of committing an act of Filming without Authorization on the New Jersey Turnpike. While these charges may not be of a critical nature to most people, “J.L.” was subject to background checks by the aforementioned cable television networks. A conviction of this nature could have resulted in severe sanctions against his production company as well as been devastating to his future employment opportunities.

“J.L.” was accused of taking photographs of the Newark Skyline for commercial purposes. In truth, “J.L.” was in the process of conducting a subject test with his new equipment. At the pre-trial conference, Mr. Vella was able to persuade the Municipal Prosecutor to dismiss the charges against “J.L.” Mr. Vella explained that, although “J.L.” did not obtain the proper permits to engage in the act of filming from the Executive Director of the New Jersey Turnpike Authority, he has the Certificate to Conduct Business from the State of New Jersey and Certificate of Liability Insurance and thus, had proper documentation to engage in such acts so long as the photographs were not used for commercial gain. The Honorable Vanessa Williams-Powell, J.M.C. granted Mr. Vella’s motion to dismiss the aforementioned charge. This negotiation was a direct result of the development of mutual respect and good will with the Prosecutor’s Office and the Court over a period of years, as the Court is directly across the street from our Garces & Grabler, P.C. Newark Office.

Alcohol Charges Dismissed

Pasquale O. Vella, Esq. represented “J.C.” in Newark Municipal Court. “J.C.” was accused of committing an act of public consumption of alcohol. While these charges may not be of a critical nature to most people, “J.C” was subject to background checks by her employer periodically. A conviction of this nature could have been devastating to her employment opportunities. At trial, Mr. Vella vigorously and successfully argued the complaint should be dismissed due to a legal technicality. Mr. Vella cited New Jersey Court Rule 7:2-1 during his oral argument and stated the complaint was unconstitutionally vague. Despite vigorous objection by the Municipal Prosecutor, The Honorable Bahir Kamil, J.M.C. granted Mr. Vella’s motion and the aforementioned charge was dismissed.

Charges Dismissed Against Out-of-State CDL Driver

In July of 2010, Pasquale O. Vella, Esq. of the Law Offices of Garces & Grabler, P.C. represented “K.F.,” a CDL Driver from the State of North Carolina in Newark Municipal Court. “K.F.” was accused of Driving a Commercial Vehicle in a Public Park, an offense punishable by a monetary penalty, motor vehicle points and possible suspension of driving privileges. Despite the fact K.F. made an incriminating statement to the Essex County Sheriff, who cited him for the violation, and was presumed guilty under the language of the statute, Mr. Vella set the matter down for trial. On the date of trial, Mr. Vella successfully petitioned The Honorable Dion J. Williams, J.M.C. to grant his Motion to Dismiss for Lack of Prosecution. As a result of Mr. Vella’s Motion to Dismiss, “K.F.” avoided the mandatory monetary penalty, motor vehicle points, suspension of driving privileges and termination of employment with a major freight company.

Defendant Found “Not Guilty” on DWI Charges

In July of 2010, Jonathan Kessous, Esq., defended Ryan J. against DWI allegations. As a financial executive for a major banking institution, such a conviction could have had a critical impact on Mr. J's employment. Despite the position of the State that the Blood Alcohol Content level indicated that the Defendant was per se, or "presumed guilty" of driving while intoxicated, the readings were ultimately excluded after intense litigation by this office. Mr. J. was found to be “not guilty” of the offense after a comprehensive trial where Mr. Kessous vigorously cross-examined the Union County Sherriff Officer that issued the summons against Mr. J. It was through this successful cross-examination alone that Mr. Kessous persuaded the Court that the State failed to meet its burden of proof against the Defendant.

Careless Driving Charges Lessened to Fine

In July of 2010, Jonathan A. Kessous, Esq. of the Criminal and Traffic Defense Unit of Garces & Grabler, P.C. Law Offices represented F.M. in a municipality in Middlesex county. Jesus C. was charged with leaving the scene of an accident and careless driving. If convicted, Mr. C. would have his driving privileges suspended for at least six (6) months and obtained two (2) points on his license. As a Commercial Driver of trucks, such consequences to his CDL would have resulted in termination of his employment. An extensive investigation was effectuated by law enforcement, including obtaining a statement from Mr. C's own dispatcher that Mr. C was the only person authorized to have possession of the vehicle during the accident time frame. As a result of a long-standing relationship built over a decade with that court, Mr. Kessous was able to persuade the State to amend the charges to a total fine of $228 with no loss of driving privileges and no motor vehicle points, allowing the Defendant to continue his employment. Our office also had the plea allocution sealed for his protection should Mr. C. be sued in civil court.

Driving Charges Amended, Penalties Avoided

July 2010 - Jonathan Kessous, Esq. of the Criminal and Traffic Defense Section of Garces & Grabler, P.C. represented Bobby D., an older gentleman wracked with pain as a result of several disabilities. Approximately 1 month earlier, Mr. D. was found guilty of operating his Motor vehicle while suspended for a second time in a particular Middlesex County Municipal Court and was suspended by the Judge from driving for months under a warning of a ten (10) day jail sentence. Mr. D. was facing a mandatory ten (10) days in jail, $1000 fine, nine (9) insurance points, and an additional six (6) months loss of his driving privileges. He was caught driving in the same town during the suspension period and wound up in front of the very same Judge, but with Garces & Grabler, P.C. counsel this time. As a result of over a decade of experience working with that court, this firm was able to persuade the prosecutor and then the judge to amend the charge to operating with an expired license, thereby avoiding the aforementioned, typically mandatory, penalties and save him from further debilitating injuries that may have resulted from incarceration.

Driving While Suspended Charges Amended

June 2010 - Jonathan Kessous, Esq. of the Criminal and Traffic Defense Section of Garces & Grabler, P.C. represented Carl H., a career FedEx employee charged in a small Municipal Court in Somerset County with Driving While Suspended. Mr. H. had already previously been convicted twice (2), and his record also indicated three (3) prior similar accusations which were amended to lesser charges. Mr. H. was facing a mandatory ten (10) days in jail, $1000 fine, nine (9) insurance points, and an additional six (6) months loss of his driving privileges. In no uncertain terms, he was facing termination from his employment and it appeared he had more than expended any “breaks" from the State. Nonetheless, as a result of over a decade of experience working with that court, this firm was able to persuade the prosecutor and then the judge to amend the charge to operating with an expired license, thereby avoiding the aforementioned, typically mandatory, penalties and save his employment.

DWI Breath Test Excluded

June 2010 - Jonathan A. Kessous, Esq. represented two (2) Defendants for their respective DWI accusations in the Newark Municipal Court. Despite their breath test readings being almost 2x the legal limit, this defense firm extensively litigated the issue of the reliability of the readings. Ultimately, the readings were excluded, saving an additional four (4) months of suspension of driving privileges as well as what should have been a mandatory interlock breath test machine installed in one of the defendant's vehicle.

Charges Amended to Non-Criminal

June 2010 - Jonathan Kessous, Esq. of the Law Offices of Garces & Grabler, P.C. represented a young man, Joaquin S. for very serious criminal allegations in a municipal court in Middlesex County. During a bar fight, Mr. S. removed his belt and began to use it as a weapon to defend himself. When he was arrested by police, in a fit of rage, he kicked in the patrol car cage and interior. As Mr. S. is not a U.S. citizen, he could have been facing immigration consequences for any criminal conviction. This office routinely defends those accused of criminal offenses who have potential immigration consequences as permanent residents but non-citizens, or even illegal aliens who hope to one day adjust their status. This defense firm was able to have the charges amended to a non-criminal township ordinance for merely being too loud in a public place, where only a moderate fine was assessed.

Charges Downgraded

In June of 2010, Jonathan Kessous of the law offices of Garces & Grabler, P.C. represented Carl H. in a Municipal Court within Somerset County. Mr. H. was accused of Driving While Suspended for a 3rd offense; a conviction resulting in a mandatory 10 days jail and up to an additional 6 months additional loss of driving privileges. Furthermore, Mr. H. had already been able to obtain downgrades to avoid a 3rd offense on at least three (3) prior occasions according to the prosecutor’s review of the abstract. Nonetheless, Mr. Kessous persuaded the prosecutor that a jail sentence would result in termination of Mr. H’s employment with a major freight company, and that the State still had not provided certain proofs of notice for the suspension generated by the Motor Vehicle Commission. Ultimately, the charge was downgraded to operating w/ expired privileges, belaying the jail sentence, loss of license, and thousands of dollars in surcharges and increased insurance expenses.

Loss of License Avoided

In June of 2010, Jonathan Kessous of the law offices of Garces & Grabler, P.C. represented Andre D. in the Newark Municipal Court. Mr. D. was accused of operating a motor vehicle without the requisite insurance liability coverage, an offense punishable by a mandatory full year suspension of his driving privileges, even on a 1st offense. Despite the fact the he was presumed guilty under the law as he was both the owner and operator of the vehicle at the time of the stop, Mr. Kessous was able to persuade the prosecutor to amend the charges to mere document violations that did not require any loss of license or carry any points or surcharges. This negotiation was a direct result of the development of mutual respect and good will with the Prosecutor’s Office and the Court over a period of years, as the Court is located directly across the street from our Garces & Grabler, P.C. Newark office.

Alcohol Charges Dismissed

In June of 2010, Jonathan Kessous of the law offices of Garces & Grabler, P.C. represented J.J. in the East Orange Municipal Court. Mr. J. was accused of public consumption of alcohol and possessing an open container of alcohol. While these charges may not be of a critical nature to most people, Mr. J., as a major hospital in Northern New Jersey employee, was subject to background checks. Convictions of this nature could have been devastating to his employment. After extensive negotiation, Mr. Kessous was able to persuade the prosecutor to dismiss and/or amend all charges that related in any way to alcohol.

Guilty Verdict Overturned

Mr. Marius M. was previously convicted in Union County at trial with alternate counsel and sentenced to State prison for the crime of an Aggravated Sex Assault on a Minor. While serving in State Prison, the Law Offices of Garces & Grabler, P.C. were retained to investigate and prepare a Post-Conviction Relief Application, which eventually resulted in overturning the verdict and the re-trial in September of 2009.

At that time, Michele Labrada, Esq. of the Law Offices of Garces & Grabler, P.C. ended the three- (3) week trial of alleged aggravated sexual assault charges, among other serious criminal allegations, to a winning conclusion. With the background assistance of the rest of the Criminal Defense Team, Ms. Labrada utilized almost twenty (20) years of exclusively criminal defense trial experience to mount a winning defense to the sixteen counts alleged in the indictment in Union County Superior Court. Instead of the forty- (40) year prison term sought by the prosecutor after previous convictions with a different attorney, this defense unit fought to reduce these false, unsubstantiated allegations to dismissals and a “NOT GUILTY” verdict. With a piercing knowledge of the law and a clear framework on strategy based on the facts of the case, the best verdict for our client resulted directly from the collaboration of the Garces & Grabler, P.C. Criminal Defense Team.

2nd Offense DWI Sentenced To Three-Month Suspension

The Traffic Defense Team of the Law Offices of Garces & Grabler, P.C. represented a client accused of a 2nd Offense DWI violation arising out of a motor vehicle accident in Irvington, New Jersey. The Defendant, John W., was exposed to a mandatory 2-year loss of his driving privileges as well as 2 to 90 days in the Essex County Jail. While DWI cases are ordinarily mandated by the Courts to be resolved within sixty (60) days from the date of violation, highly technical supplemental discovery demands and motions to exclude the State’s proffered breath test results (nearly twice the legal limit), prepared by Jonathan Kessous, Esq. and Joseph Compitello, Esq. of this office, extended the case to twice the allotted time period. After pre-trial conferencing with three (3) separate Municipal Prosecutors, Pasquale Vella, Esq. of this office then effectively utilized the leverage obtained from the prepared applications to procure a plea agreement where John W. plead guilty to his 2nd DWI Offense to be treated as a 1st offense, with no admissible breath test readings, resulting in only a 3-month suspension of his driver’s license and the mandatory minimum monetary 1st offense fines and penalties.

All Charges Dismissed in Superior & Municipal Court Case

Michele Labrada, Esq. represented a client accused of 2nd Degree Aggravated Assault, 2nd Degree Burglary and two (2) separate Misdemeanor charges of Criminal Mischief and False Imprisonment in Union County Superior Court. The Defendant, “S.D.”, was initially accused of breaking into an apartment complex, detaining his ex-girlfriend by causing bodily injury and causing damage to personal property. Michele Labrada, Esq. filed significant pre-trial motions, which demonstrated certain flaws in the State’s case. Essentially, Ms. Labrada argued certain elements could not be satisfied beyond a reasonable doubt. As a result, the 2nd Degree Burglary and False Imprisonment charges were administratively dismissed. In addition, Ms. Labrada was successful in convincing the Union County Prosecutor’s Office to amend the 2nd Degree Aggravated Assault charge to a Simple Assault. Lastly, Ms. Labrada had the remaining charges remanded to Elizabeth Municipal Court for adjudication.

After four months of extensive pre-trial conferencing, Pasquale Vella, Esq. negotiated a plea agreement with the Elizabeth Municipal Prosecutor whereby the remaining charges of Simple Assault and Criminal Mischief would be dismissed contingent on the Defendant’s payment of restitution in the amount of three hundred ($300.00) dollars. Mr. Vella vigorously argued that the injury sustained by the alleged victim was actually caused in part by her. This fact was reinforced by the alleged victim’s statement to law enforcement and the Elizabeth Prosecutor’s Office. Mr. Vella stated his client was entitled to the benefit of a plea deal based on his clean criminal history and the fact the alleged victim signed an affidavit of no prosecution previously prepared by this firm.

Defendant, “S.D.”, originally faced up to 10 years in Prison on the original charges; however, through the collaborative efforts of Ms. Labrada and Mr. Vella all charges were dismissed.

All Charges Dismissed in Superior & Municipal Court Case

Pasquale O. Vella, Esq. represented a client accused of 3rd Degree Terroristic Threats, 3rd Degree Possession of a Weapon for Deadly Purpose, 4th Degree Unlawful Possession of a Weapon and Simple Assault in Union County Superior Court. The Defendant, Annette B., was initially accused of stabbing her estranged husband with a butcher knife during a domestic dispute. Despite the victim’s statement and graphic pictures, Mr. Vella convinced the Union County Prosecutor’s Office to remand the case to the Linden Municipal Court.

After five months of pre-trial motions, Mr. Vella successfully negotiated a plea agreement with the Linden Municipal Prosecutor whereby all charges would be dismissed. Mr. Vella was able to point out substantial flaws in the State’s case, including but not limited to, an inconsistent statement given by the alleged victim, an independent account of the alleged incident by a third party witness and how the alleged wound was previously sustained by the victim.

Defendant originally faced up to 5 years in Prison on the original charges and subsequent Deportation proceedings.

Driving Charges Reduced — Client’s Driving Privileges Saved

Pasquale O. Vella, Esq. of the Law Offices of Garces & Grabler, P.C. represented a client accused of 3rd Offense Driving While Suspended, 2nd Offense Driving With No Liability Insurance and Driving with a Suspended Registration in Linden Municipal Court. The Defendant, Mallory P., was placed on the Department of Motor Vehicles’ Revoked List due to his failure to pay insurance surcharges. In addition, the Defendant was unable to procure Liability Insurance until two (2) months after the date of the alleged violation. After an extensive and intense pre-trial conference, Mr. Vella and the Linden Municipal Prosecutor’s Office negotiated a plea agreement whereby the Defendant would plea guilty to three (3) amended downgrades of Failure to Exhibit Driver’s License, Registration and Insurance Card.

At Sentencing before The Honorable Louis M.J. DiLeo, J.M.C., Mr. Vella argued the Honorable Court should only impose a monetary fine and spare the Defendant a Suspension of his Driving Privileges and Jail Time. Mr. Vella stated the Defendant had no prior criminal history, is gainfully employed and is the primary provider for his family. Ultimately, The Honorable Louis M.J. DiLeo, J.M.C. agreed with the argument of Mr. Vella and sentenced the Defendant to a monetary fine only. Mr. Vella further convinced the Honorable Court to impose the mandatory minimums leading to a total fine of five hundred forty ($540.00) dollars.

Defendant originally faced up to twenty four (24) days in Prison, two and one half (2 ½) years Suspension of his Driving Privileges and a fine of six thousand ($6,000.00) dollars on the original charges.

Assault Charge Dismissed

In April of 2010, Jonathan Kessous of Garces & Grabler, P.C. successfully represented a Defendant in a Municipal Court in Mercer County charged with Assault by a civilian complainant as a result of a neighborhood dispute. The Defendant’s initial inclination was to plead guilty to a criminal offense that he did not commit due to his fear of possible immigration consequences. Mr. Kessous, along with co-counsel per diem and additional counsel, persuaded the municipal prosecutor that the defendants were, in fact, the victims of the civilian complainants violent physical attack; an attack apparently fueled by racism against Latin Americans.

Mr. Kessous even persuaded the municipal prosecutor to have the county prosecutor’s office review the civilian’s criminal record; a record that Mr. Kessous discovered was rife with prior violent offense convictions. Along with photos and the medical records depicting the beating suffered at the hands of the civilian neighbor, the Municipal Prosecutor agreed to forward the matter to the county prosecutor to consider indictable charges against the civilian complainant following the dismissal of his baseless charges against our client.

Sentence Reduced

Pasquale O. Vella, Esq. of the Law Offices of Garces & Grabler, P.C. represented a client accused of Possession of a Controlled Dangerous Substance (Cocaine), Possession of Drug Paraphernalia, Possession of a Controlled Dangerous Substance in a Motor Vehicle, 2nd Offense Driving While Suspended, Failure to Give Proper Turn Signal and 2nd Offense Violation of Probation in Belleville Municipal Court. After four (4) months of intense litigation, Pasquale O. Vella, Esq. and the Belleville Municipal Prosecutor’s Office negotiated an extensive all encompassing plea agreement whereby the Defendant, Leonard L. would plea guilty to Possession of Drug Paraphernalia, Driving While Suspended and Violation of Probation with the remaining charges being dismissed.

Continue reading article Defendant Sentenced to Sixty (60) Days Delaney Hall on Drug and Violation of Probation Case

Driving Charges Reduced

In April 2010, Jonathan Kessous of this office represented a client out of the Cranbury/Plainsboro Municipal Court for the serious offenses of a 3rd offense Driving with a Suspended license and Driving without Insurance. Her exposure was a minimum/mandatory 1 to 18 months additional suspension, 10 days in jail, and thousands of dollars in insurance surcharges and increased insurance expenses.

Despite overwhelming evidence against her, Mr. Kessous was able to resolve the matter to 2 counts of failure to exhibit a license and insurance cards and a minor, 2-point moving violation.

Driving Privilege Suspension Reduced

In April, 2010, Jonathan Kessous of this office represented a client in a Motor Vehicle Commission hearing objecting to an initial Driver’s license suspension recommendation of 180 days for operating a motor vehicle during a suspension period. The Defendant previously entered a guilty plea in municipal court without an attorney, representing himself. As a result of Mr. Kessous’ efforts, the suspension time was negotiated from 180 days to only 15 days loss of driving privileges. As a result of this resolution, the client was able to save his employment which required traveling extensive distances to and from his home.

Driving Charges Dismissed

In March of 2010, Jonathan Kessous of this office successfully represented a prior workers’ compensation client in the Woodbridge Municipal Court for a 3rd offense violation of Driving with Suspended license privileges, Mark D. He was susceptible to 6 months additional loss of his driving privileges, thousands of dollars in fines, assessments, surcharges, and increased insurance costs as well as a mandatory 10-day jail sentence. The client initially was inclined to proceed pro se. Concerned for our client, we persuaded him to allow us to represent him. Ultimately, we obtained a complete dismissal of the charges based on the State’s inability to timely produce certified MVC proofs of timely Notification of the suspension.

Driving Penalty Reduced

In March of 2010, Jonathan Kessous of this office represented a client accused of Driving with Suspended Driving Privileges, James J., in a municipal court in Somerset County. As a 5th offender, Mr. J was susceptible to thousands of dollars in fines, assessments, insurance surcharges, and increased insurance expenses, an additional 6 month suspension, and a mandatory 10 days jail. Despite the difficulties with the case, Mr. Kessous was able to resolve the matter to a negotiated plea to a minor document violation of failure to produce a license. This penalty carried only a fine of $183.

Motor Vehicle Charges Reduced

In March of this year, Pasquale Vella of this firm represented a NJ Transit bus driver in a municipal court in Middlesex County. Our client was charged with leaving the scene of an accident while operating her bus as well as a 4-point ticket of improper passing. Aside from the points violation, a conviction for leaving the scene of a motor vehicle accident would have resulted in a mandatory 6 month loss of her driving privileges, along with a probable termination from her employment.

Despite witness statements, Mr. Vella successfully negotiated these devastating charges to a mere failure to report the accident which carried only a $139 fine and a 2-point violation. Our client’s employment was secured.

2nd Offense DWI Found Not Guilty at Trial

Pasquale O. Vella, Esq. of the Law Offices of Garces & Grabler, P.C. represented a client accused of a 2nd Offense DWI violation in Elizabeth, New Jersey. The Defendant, Carlos A., was exposed to a mandatory 2 year loss of his driving privileges as well as 2 to 90 days in the Union County Jail. After 4 months of intense litigation, including but not limited to motions to exclude the State’s proffered breath test results, Mr. Vella prevailed at Trial.

At Trial before The Honorable Richard J. Obuch, J.M.C., Mr. Vella vigorously cross examined both arresting Union County Police Officers exposing substantial flaws in their investigation and arrest of the aforementioned Defendant. Ultimately, The Honorable Richard J. Obuch, J.M.C. found the State did not prove their case beyond a reasonable doubt and found the Defendant Not Guilty of the DWI offense. If convicted by the Elizabeth Municipal Court, the Defendant’s exposure included a Fine of $500-$1000, County Jail from 2 to 90 days, 2 year loss of his driving privileges, Ignition Interlock Device from 1 to 3 years, 6 to 48 hours at the Intoxicated Driver Resource Center, Revocation of Registration for 2 years and Automobile Insurance Surcharges of $1000 for a period of 3 years.

Defendant Sentenced to Probation on Eluding & Theft Charge

The Law Offices of Garces & Grabler, P.C. represented a client accused of Eluding, Theft of a Motor Vehicle and Resisting Arrest in Middlesex County Superior Court. The Defendant, Fabian R., was initially charged with 2nd Degree Eluding, 3rd Degree Theft of a Motor Vehicle and 4th Degree Resisting Arrest. After 10 months of intense litigation including a variety of motions, Defense Counsel and the Middlesex County Prosecutor’s Office negotiated a plea agreement whereby the Defendant would plea guilty to Eluding amended to a 3rd Degree and 3rd Degree Theft of a Motor Vehicle with the remaining charge of Resisting Arrest being dismissed.

Prior to the sentencing, a comprehensive sentencing memorandum was prepared by Pasquale Vella, Esq., of this office. At sentencing before The Honorable Dennis Nieves, J.S.C., Mr. Pasquale Vella, Esq., of this office vigorously argued that Defendant suffered from mental illness and chemical dependency which although did not rise to the level of an affirmative defense substantially impaired the Defendant’s judgment and mental capacity. In addition, Mr. Vella argued there were significant measures in place to ensure the criminal offense would remain an isolated incident. Ultimately, The Honorable Dennis Nieves, J.S.C. agreed with the argument of Mr. Vella and sentenced the Defendant to a Non-Custodial Term of 5 years Probation.

Defendant originally faced up to 10 years in Prison on the original charges. The plea deal negotiated by Defense Counsel and the Middlesex County Prosecutor’s Office allowed The Honorable Dennis Nieves, J.S.C. to sentence the Defendant in the range of 3 to 5 years. The State was requesting at least 180 days commitment in the Middlesex County Correctional Facility at the time of sentencing.

False Document Charges Dismissed

Joseph Compitello represented a client charged initially with the 3rd Degree Felony of Uttering a False Government Document. At Mercer County Superior Court, Mr. Compitello presented evidence drawing doubt in the State’s ability to prove that the Defendant knew or should have known that the document was false. As a consequence, after the initial PIC hearing, the Mercer County Prosecutor’s Office downgraded the indictable offense to the Disorderly Person’s Offense under the same name.

After a trial in front of the Honorable Paul Catanese, Presiding Municipal Court Judge of Mercer County, of Lawrence Municipal Court and a vigorous cross examination of the arresting officer, Defendant’s motion to dismiss the charges was granted. If convicted at the Superior Court level, Defendant’s exposure was 5 years of State Prison and deportation by INS.

2nd Offense DWI Charges Dropped

Jonathan Kessous of the Law offices of Garces & Grabler, P.C. represented a client accused of a second offense DWI violation. The Defendant, Marvin P., was exposed to a mandatory 2-year loss of his driving privileges as well as 2-90 days in the Mercer County jail. After over 18 months of intense litigation, including but not limited to motions to exclude the state proffered breath test results that were almost 2x the legal limit and a motion to dismiss the proceedings, the DWI violation was ultimately dismissed, saving the Defendant from the penalties of a 2nd offense DWI as well as thousands of dollars in increased insurance expenses and surcharges.

2nd Offense DWI Charges Dropped

Michael Richmond of the Law offices of Garces & Grabler, P.C. represented a client accused of a second offense DWI violation in Millstone. The Defendant, Craig K., was exposed to a mandatory 2-year loss of his driving privileges as well as 2-90 days in the Mercer County jail. After over 12 months of intense litigation, including but not limited to motions to exclude the state proffered blood test results that were 150% above the legal limit, a motion to change court venue and a motion to dismiss the proceedings, the DWI violation was ultimately dismissed, saving the Defendant from the penalties of a 2nd offense DWI as well as thousands of dollars in increased insurance expenses and surcharges.

All Charges Dismissed in a 1st Degree Armed Robbery Case

After an extensive identification hearing before the Honorable Joseph Rea, J.S.C., Jonathan Kessous, along with co-counsel for two co-defendants, successfully broke down a key government eyewitness in a 1st degree Armed Robbery case. Furthermore, rigorous cross-examination of the primary investigation officer by Mr. Kessous proved that the State failure to abide by the Attorney General Guidelines recommended for proper and reliable show-up and photo array procedures. If convicted, Garces & Grabler, P.C.’s client was exposed to 20 years in prison. As a result of the Wade hearing, all charges were subsequently dismissed.

Immigration

Permanent Residence Obtained for Undocumented Immigrant

New Jersey immigration attorney David M. Wasserman, of the Law Office of Garces & Grabler, P.C., represented a Mexican man, "EP," who had been living and working in the United States since 1994. Mr. Wasserman successfully proved before the U.S. Immigration Court that EP should not be removed from the United States due to the extraordinary hardship that would have been suffered by his three U.S. citizen children.

EP had been arrested at an airport in Tacoma, Washington, where he had gone in search of a driver's license. The Department of Homeland Security then placed EP in removal proceedings.

Mr. Wasserman applied for cancellation of removal for EP, a defense available because of his 18-year period of residence in the United States and his 3 U.S. citizen children (ages 14, 9, and 6). Thanks to Mr. Wasserman's efforts, EP will not be removed from the United States and is now on the path to U.S. citizenship.

Mr. Wasserman and the other immigration attorneys at Garces & Grabler, P.C. represent non-citizens from all walks of life before immigration courts and agencies in New Jersey, New York, and Pennsylvania.

Permanent Residence Obtained for Undocumented Immigrant

New Jersey immigration attorney David M. Wasserman, Esq. of the Law Office of Garces & Grabler, P.C., represented a Mexican man, G.M., who had been living and working in the United States since 1990. Mr. Wasserman successfully proved before the U.S. Immigration Court that G.M. should not be removed from the United States, because of the extraordinary hardship to his U.S. citizen children.

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(This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.)