Terroristic Threat Indictment Dismissed after Successful Motion to Dismiss Indictment in NJ
Keith G. Oliver of Keith Oliver Criminal Law was able secure another dismissal of an indictment for one of his clients last week. Our client was charged way back in early 2020 with one count of terroristic threats and one count harassment following a domestic violence incident with his then girlfriend. In addition, the girlfriend filed for an obtained a Temporary Restraining Order against him as well, thus forcing him to vacate their shared residence. Following the issuance of the temporary restraining order the police executed a search warrant of his apartment after the police became aware that he lawfully owned a handgun. During that search the officers located several ounces of marijuana and over four thousand dollars in cash. As a result of the search, our client had additional marijuana distribution charges tacked on. Fortunately, following his arrest, our client was released from the County Jail on Pretrial Release, therefore he was not detained throughout the two year process. In total, our client was facing three to five years in a New Jersey State Prison on the terroristic threats charge, in addition to another three to five years on the Possession of Marijuana with the Intent to Distribute charge. Lastly, he was also facing the potential harsh realities surrounding the possible imposition of a final restraining order. In all, our client had a criminal case, a domestic violence case and a civil case based on the forfeiture of his cash. To say he had a lot going on was an understatement.
Ways to Get Terroristic Threat Charges Dismissed in New Jersey
After obtaining and reviewing the discovery, it was evident that the charges were completely blow out of proportion not to mention how inadequate the initial investigation was. Throughout the first eighteen months the prosecution made several attempts to resolve the matter by way of a plea agreement, something our client was adamant he would not entertain. Following the failed plea negotiations, the prosecution was able to secure an Indictment against our client, charging him with one count of terroristic threats, in violation of NJSA 2C:12-3b. This specific subsection of the statute is very narrowly tailored and requires the prosecution establish very laser focused elements. Once our office obtained the Grand Jury transcripts we drafted and filed what is known as Motion to Dismiss the Indictment. These types of motions, if successful can lead to an outright dismissal of the charges. Once the motion was listed, the Judge conducted oral argument on the issues we raised. Following hearing arguments from us and the prosecution, the Judge agreed that the indictment was palpably deficient and dismissed the indictment. This was a huge benefit from our client. After two long years of fighting the charges and maintaining his innocence, our client was finally able to restore his name, not to mention avoiding the next three to five years in a New Jersey State Prison. In addition, since we were able to convince the prosecution that the marijuana charges needed to be dismissed prior to the indictment being returned, we were also able to secure the return of the $4,000 in cash that was seized. In all, after a little under two years, our client was able to secure the dismissal of all his criminal charges, the temporary restraining order and the return of his funds that were unlawfully seized as well as his firearm. We are currently in the process of petitioning the Court to expunge his arrest record.
Looking for a Local Monmouth County Lawyer for False Terroristic Threat Case
Keith Oliver Criminal Law is a Monmouth County criminal defense firm, comprised of attorneys that have been dedicated to defending those accused of crimes for more than a decade now. We handle all types of criminal matters, including crimes like unlawful possession of a weapon, possession of a weapon for an unlawful purpose, terroristic threat, stalking, aggravated assault and domestic violence matters like restraining orders and violation of restraining orders. Our attorneys serve all of Monmouth County, including towns like Middletown, Holmdel, Hazlet, Asbury Park, Wall Township, Ocean Township, Red Bank, Manalapan and Atlantic Highlands. If you would like to schedule a free initial consultation today, please contact our Middletown office at 732.858.6959. Mr. Oliver, who handles all of our Monmouth County criminal matters will glad to discuss the specifics of your case and formulate a game plan that works best to suit your needs.
State v. H.V. (2022)
Here is what H.V. had to say about his experience with our firm:
From the very first conversation I had with Keith Oliver, I knew that he was a man of great values, professionalism and he knew the law and what he does, he is no joke. More than being my attorney, Keith became a real friend and he made himself available to me all the time and allowed me to call him with any questions and even texting or talking on WhatsApp, so there was always good communication between us and I was never alone throughout the whole process of this case. Been my lawyer for about 2 years and I’ve recommended him to many friends that have similar situations/cases and he also took their cases and made himself available to them too, so he was never trying to evade us or go ghost on us at all, never cut corners, never complained about how much i was texting him or calling him at all. Throughout COVID, when things got bad, he allowed me to make a payment plan in order to pay him so is not like he ever denied his services to me if I couldn’t pay right on time. He will definitely work with your budget. He is very cool and makes you feel comfortable in his hands, and trust me, he will work as hard as he can to get you out of jail and to get your charges dismissed. I really recommend you guys to retain this law firm as your personal lawyers, as I just told my roommate to do, and to let them protect you from the hands of the not so just, justice system. I will still retain him as my lawyer.
