Case Results

Criminal Defense

Murder

State v. A.S. – Murder, Carjacking & Robbery – "Not Guilty" Verdict. A.S. was charged with Murder, Carjacking and Robbery, arising out of an alleged robbery/carjacking gone bad. Mr. Weinstock asserted that A.S. was misidentified and not the perpetrator. At the conclusion of a three-week jury trial, A.S. was found "not guilty" of all charges.

State v. S.V. – Murder and Desecrating Human Remains – Murder Dismissed/Reduced Plea. S.V. was charged with Murder arising out of an altercation in which her boyfriend killed the victim during a "drug deal" gone bad. Mr. Weinstock was able to have the murder charge dismissed and secure a reduced plea of five years in state prison.

Election Fraud

State v. T.D. – Election Fraud – "Not Guilty" Verdict. T.D. was charged with numerous counts of election fraud arising out of the 2009 race for Atlantic City Mayor. Mr. Weinstock asserted that T.D. did not commit any crimes, but rather was a community activist who relished in assisting members of her community exercise their constitutional right to vote. At the conclusion of a six-month jury trial, T.D. was found "not guilty" of all charges.

Robbery/Theft

State v. D.S. – Robbery First Degree – Robbery Charge Dismissed – Reduced Plea Bargain. D.S. was charged with first degree robbery of a gas station. Mr. Weinstock was able to have the robbery charges dismissed and secure a downgrade of third-degree conspiracy for which D.S. received non-custodial probation and served no jail time.

State v. A.J. – Theft – Reduced Plea Bargain. A.J. was charged with several counts of theft after attempting to cash a fraudulent check at a bank. Mr. Weinstock was able to secure a downgrade for A.J. and resolved the case for a non-custodial suspended sentence where A.J. served no jail time.

State v. B.S. – Burglary, Theft and Employing a Juvenile – PTI Granted/Case Dismissed. B.S. was charged with burglary, theft and Employing a Juvenile in two separate counties (Atlantic & Gloucester). Mr. Weinstock was able to consolidate both cases/indictments in Atlantic County and convince the prosecutor to waive the mandatory state prison sentence, dismiss all of the second-degree charges and consent to B.S.'s admission to the Pretrial Intervention Program. Upon successful completion of the program, B.S.'s case will be dismissed. She will then be able to have the case expunged (i.e., removed) from her record.

State v. J.J. – Theft – Case Dismissed. J.J. was charged with stealing over $15,000.00 from a patron at the Borgata Casino. After being hired, Mr. Weinstock conducted a thorough investigation of the allegations and ultimately secured a dismissal of the case. The case was dismissed.

State v. R.P. – Robbery (First-Degree) – Motion to Suppress Out-Of-Court Identification Granted/Reduced Plea. R.P. was charged with first-degree robbery. Mr. Weinstock filed a motion to suppress out-of-court identifications (Wade), successfully contending that the Wildwood Police detectives failed to follow proper Attorney General guidelines, and as a result, the out-of-court identifications of R.P. were tainted. After six days of testimony, the Court granted the motion and suppressed the out-of-court identifications. As a result, Mr. Weinstock was able to obtain a reduced plea of 3 rd degree conspiracy.

State v. J.D. - Gunpoint Robbery - "Hung Jury." J.D. was charged with first degree robbery. Mr. Weinstock asserted that J.D. was misidentified and not the perpetrator. Mr. Weinstock successfully employed a fabrication defense and challenged the credibility of the State's witnesses. Despite the testimony, and despite the confession of J.D., the jury was unable to reach a verdict and a mistrial was declared.

Sexual Assault

State v. B.D. – Carjacking, Aggravated Assault, Aggravated Sexual Assault and Endangering the Welfare of a Child – All First and Second Degree Charges Dismissed – Reduced Plea Bargain. B.D. was charged in two separate indictments with numerous first and second-degree crimes, including carjacking, aggravated sexual assault and aggravated assault. Mr. Weinstock was able to have all of the first and second-degree charges dismissed or downgraded and was able to secure a downgrade for third-degree endangering the welfare of a child.

Investigation of H.K. – Investigation of Sexual Assault – Innocence Proven/ No Charges Filed/ Case Dismissed. A co-worker accused H.K. of sexual assault at the workplace. The matter was investigated by the Middle Township Police Department in conjunction with the Cape May County Prosecutor's Office. Mr. Weinstock worked with the Cape May County Prosecutor's Office, and no criminal charges were filed. Subsequently, the alleged victim filed complaints with the Middle Township Municipal Court. On the date the matter was set for trial, Mr. Weinstock was able to get the Municipal Prosecutor to dismiss the case. In the end, H.K. was completely vindicated.

State v. J.W. – Aggravated Sexual Assault – Case Dismissed. J.W. was charged with aggravated sexual assault. After conducting a thorough investigation and preparing the case for trial, Mr. Weinstock was able to secure a dismissal of all charges. On the day that trial was set to begin, the prosecutor agreed to dismiss the case. The case was dismissed.

Drugs/Guns

State v. P.M. – Drug Distribution (50lbs of Marijuana – 1 st Degree) – "Not Guilty" Verdict (Partial). P.M. was charged with first-degree possession with intent to distribute over 50lbs of marijuana arising out of a police investigation that was initiated as a result of an anonymous tip. Mr. Weinstock asserted that P.M. did not possess the alleged marijuana. At the conclusion of a three-week jury trial, P.M. was found "not guilty" of 1 st degree possession with intent to distribute, but guilty of the lesser included conspiracy charges.

State v. B.E. – Drug Distribution – Motion to Suppress Filed/Case Dismissed. B.E. was charged with possession of cocaine with intent to distribute and numerous related drug offenses arising out of a police investigation and traffic stop in which cocaine was recovered by police officers. Mr. Weinstock filed and briefed a motion to suppress in the Superior Court of New Jersey—Law Division, Criminal Part (Cape May County). Prior to filing their response, the State dismissed all charges against B.E.

State v. J.D. – Conspiracy to Distribute over 25lbs of Marijuana – Reduced Plea Bargain. J.D. was charged with conspiring to distribute over 25lbs of Marijuana. Mr. Weinstock was able to secure a downgrade for third-degree conspiracy for which J.D. received non-custodial probation and served no jail time, despite the mandatory state prison sentence that was required under the statute.

State v. A.N. – Drug Distribution and Unlawful Possession of a Handgun – Case Dismissed. A.N. was charged with unlawful possession of a handgun, possession of a handgun by a convicted felon, possession of heroin and cocaine with intent to distribute and numerous related weapons and drug offenses. Mr. Weinstock was able to convince the prosecutor to dismiss the case against A.N.

State v. Q.T. – Gun and Drug Distribution – Motion to Suppress Granted/Case Dismissed. Q.T. was charged with possession of a handgun by a convicted felon, possession of cocaine with intent to distribute and numerous related weapons and drug offenses. Mr. Weinstock filed a motion to suppress, successfully contending that the police searched his book bag without probable cause, without a warrant and without an exception to the warrant requirement in violation of his federal and state constitutional rights. The Court granted the motion and suppressed the evidence. The case was dismissed.

State v. D.H. – Unlawful Possession of a Handgun – Motion to Suppress Filed/Case Dismissed. D.H. was charged with unlawful possession of a handgun arising out of a police investigation and search of a motor vehicle. Mr. Weinstock successfully obtained a dismissal after demonstrating that the handguns recovered belonged to another person and there was insufficient evidence to prove constructive possession. The case was dismissed.

State v. D.R. – Unlawful Possession of a Handgun – Jury Selection/Case Dismissed. D.R. was charged with unlawful possession of a handgun arising out of an altercation where it was alleged that D.R. possessed a handgun. After filing several pre-trial motions and preparing the matter for trial, Mr. Weinstock obtained a dismissal on the day jury selection was set to begin after demonstrating that D.R. was not in possession of a handgun, i.e., there was insufficient evidence to prove actual or constructive possession of the weapon. The case was dismissed.

State v. R.B. – Burglary (Second Degree) and Unlawful Possession of a Handgun – Motion to Dismiss and Amend Counts of the Indictment Granted/Drug Court Plea. R.B. was charged with burglary (second degree) and unlawful possession of a handgun. Mr. Weinstock filed a motion to dismiss the count of the indictment alleging unlawful possession of a weapon as well as amend the count alleging second-degree burglary. The court granted the motion and dismissed the count alleging unlawful possession of a weapon and amended the count alleging second-degree burglary to a third-degree burglary. As a result, the prosecutor consented to R.B.'s application into the drug court program and waived the mandatory state prison term that was required under the statute.

DWI/DUI

State v. A.G. – Driving While Intoxicated – Case Dismissed. A.G. was charged with driving while intoxicated. Mr. Weinstock was able to demonstrate that A.G. was not operating the vehicle at the time she was arrested and was able to have her statement suppressed, as she was not given her Miranda warning. The case was dismissed.

State v. B.S. – Driving While Intoxicated – Case Dismissed. B.S. was charged with driving while intoxicated even though she had a blood alcohol reading far below the legal limit – the State alleged that she was under the influence of narcotics at the time. Mr. Weinstock was able to successfully argue that there was insufficient proof that B.S. was under the influence and attacked the credibility of the State's Drug Recognition Expert. The case was dismissed.

State v. J.S. – Driving While Intoxicated – Case Dismissed. J.S. was charged with driving while intoxicated even though he had a blood alcohol reading far below the legal limit – the State alleged that he was under the influence of narcotics at the time. Mr. Weinstock was able to successfully argue that there was insufficient proof that B.S. was under the influence of any foreign substance. The case was dismissed.

State v. T.T. – Driving While Intoxicated – Case Dismissed. T.T. was charged with driving while intoxicated. Mr. Weinstock was able to demonstrate that T.T. was not the operator of the vehicle and that the State would not be able to meet its burden of proof beyond a reasonable doubt. The case was dismissed.

Appeals

State v. R.C. – Appeal – Sentence Reduced. Following a jury trial, R.C. was convicted of conspiracy, criminal coercion and invasion of privacy. On appeal, Mrs. Blumberg-Weinstock successfully argued that the sentence imposed was manifestly excessive. The Appellate Division reversed the sentence, making R.C. immediately eligible for parole.

Civil Litigation

Civil Rights Violations

W.F. & W.G v. Police Officers M.P. & J.H. - "Jury Verdict $360,000.00." W.F. & W.G. claimed that members of the Police Department violated their civil rights. Mr. and Mrs. Weinstock successfully asserted that the stop and search of W.F. & W.G. was unconstitutional. At the conclusion of a two-week trial, the jury awarded W.F. & W.G. $360,000.00 in compensatory damages.

Personal Injury

J.F. v. S.H. – Personal Injury Award. J.F. tripped and fell at local car dealership, injuring her left knee, which subsequently required surgery. Prior to trial, Mrs. Blumberg-Weinstock settled the negligence claims against S.H. for $35,000.00.

Collection

Estate of K.J. – Collection of Interest in PA Estate. K.J. was one of six children of P.J., who died during the pendency of a medical malpractice action in Philadelphia. Following the settlement of P.J.'s claims, Mrs. Blumberg-Weinstock was instrumental in recovering K.J.'s share of the settlement proceeds. Nearly $42,000.00 was recovered on behalf of the Estate of K.J.

O.L.R. v. Estate of J.D. – Collection of Fees for Services. J.D. was a resident of O.LR. Nursing Home. J.D. failed to pay for services provided in accordance with the Admissions Agreement. Mrs. Blumberg-Weinstock successfully negotiated and recovered $34,000.00 on behalf of O.L.R.

BCCA v. J.P. – Collection of Condo Fees. J.P., a condominium unit owner, failed to pay Condo Fees and Assessments pursuant to the B.C.C.A. Master Deed and Bylaws. Mrs. Blumberg-Weinstock successfully negotiated and recovered $20,000.00 on behalf of B.C.C.A.

J.S. v. T.H. – Deposit Refunded. T.H. defaulted on a payment plan pursuant to an agreement with J.S. Mrs. Blumberg-Weinstock was successful in recovering monies due to J.S. prior to litigation.

Casinos v. Y.K. – Debt Reduced. Y.K. was indebted to casinos for a total of $65,000.00. Mrs. Blumberg-Weinstock negotiated a settlement of the debt for $30,000.00.

Employment

Estate of K.J. v. County – Wrongful Termination – Damages Recovered. K.J. was wrongfully terminated from her employment with the County. K.J. subsequently died. Mrs. Blumberg-Weinstock settled the Estate of K.J.'s claims against the County for $40,000.00.

County v. D.C. – Reduced Disciplinary Period. The County sought disciplinary sanctions against D.C., a County employee. Mrs. Blumberg-Weinstock was able to negotiate a reduced suspension, whereby D.C. served only half of the suspension without pay.

Commercial Litigation

F.B. v. F.R. – Allegations of Child Abuse – Minimal Damages. F.B., a minor, brought a civil action against F.R., his former foster parent, alleging physical abuse. F.B. demanded $300,000.00 in damages. Mrs. Blumberg-Weinstock settled the matter on behalf of F.R. for $15,000.00 with no admission of liability.

*Results may vary depending on your particular facts and circumstances.