Case Results

Criminal Defense


Murder

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

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

Election Fraud

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

Robbery/Theft

State v. D.S. – Robbery First-Degree – Robbery Charge Dismissed – Reduced Plea Bargain. D.S. faced a charge of first-degree robbery of a gas station. Mr. Weinstock got the robbery charges dismissed and secured a downgrade of third-degree conspiracy for which D.S. received non-custodial probation and 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 secured a downgrade for A.J. and resolved the case for a non-custodial suspended sentence in which A.J. served no jail time.

State v. B.S. – Burglary, Theft and Employing a Juvenile – PTI Granted/Case Dismissed. B.S. faced charges of burglary, theft and employing a juvenile in two counties -- Atlantic and Gloucester. Mr. Weinstock consolidated both cases/indictments in Atlantic County and convinced 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 eligible to have the case expunged from her record.

State v. J.J. – Theft – Case Dismissed. J.J. was charged with stealing more $15,000 from a patron at the Borgata Casino. Mr. Weinstock conducted a thorough investigation of the allegations and secured a dismissal of the case.

State v. R.P. – First-Degree Robbery – 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, successfully contending that the Wildwood Police detectives failed to follow proper attorney general guidelines. 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. Mr. Weinstock obtained a reduced plea of third-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 not the perpetrator due to misidentification. 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, leading to a mistrial.

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. faced two separate indictments with numerous first- and second-degree crimes, including carjacking, aggravated sexual assault and aggravated assault. Mr. Weinstock got all of the first- and second-degree charges dismissed or downgraded and secured a downgrade for third-degree endangering the welfare of a child.

Investigation of H.K. for Alleged Sexual Assault – Innocence Proven/ No Charges Filed/ Case Dismissed. A co-worker accused H.K. of sexual assault at the workplace. Mr. Weinstock worked with the Cape May County Prosecutor's Office, resulting in no criminal charges filed. Subsequently, the alleged victim filed complaints with the Middle Township Municipal Court. On the trial date, Mr. Weinstock got the municipal prosecutor to dismiss the case. In the end, H.K. was 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 secured a dismissal of all charges.

Drugs/Guns

State v. P.M. – Drug Distribution (50 Pounds of Marijuana – First-Degree) – "Not Guilty" Verdict (Partial). P.M. faced a charge of first-degree possession with intent to distribute more than 50 pounds of marijuana arising out of a police investigation based on an anonymous tip. Mr. Weinstock asserted that P.M. did not possess the alleged marijuana. After a three-week trial, a jury found P.M. "not guilty" of first-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. faced a charge of possession of cocaine with intent to distribute and numerous related drug offenses arising out of a traffic stop in which police recovered cocaine. Mr. Weinstock filed a motion to suppress in the Superior Court of New Jersey in Cape May County. Prior to filing their response, the state dismissed all charges against B.E.

State v. J.D. – Conspiracy to Distribute More Than 25 Pounds of Marijuana – Reduced Plea Bargain. J.D. faced a charge of conspiring to distribute more than 25 pounds of marijuana. Mr. Weinstock secured 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 required under the statute.

State v. A.N. – Drug Distribution and Unlawful Possession of a Handgun – Case Dismissed. A.N. faced a charge of 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 convinced 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. faced charges of 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. A judge dismissed the case.

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. A judge dismissed the case.

State v. D.R. – Unlawful Possession of a Handgun – Jury Selection/Case Dismissed. D.R. faced a charge of unlawful possession of a handgun arising out of an altercation in which D.R. was alleged to possess a handgun. After filing several pre-trial motions and preparing the matter for trial, Mr. Weinstock obtained a dismissal. Ultimately, there was insufficient evidence to prove actual or constructive possession of the weapon. A judge dismissed the case.

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. faced charges of second-degree burglary 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 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 demonstrated that A.G. was not operating the vehicle at the time of her arrest. Mr. Weinstock also was able to have her statement suppressed because law enforcement failed to read her the Miranda warning. The judge dismissed the case.

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 below the legal limit. The state alleged that she was under the influence of narcotics at the time. Mr. Weinstock successfully argued that there was insufficient proof that B.S. was under the influence and attacked the credibility of the state's drug recognition expert. The judge dismissed the case.

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 below the legal limit – the state alleged that he was under the influence of narcotics at the time. Mr. Weinstock successfully argued that there was insufficient proof that B.S. was under the influence of any foreign substance. The judge dismissed the case.

State v. T.T. – Driving While Intoxicated – Case Dismissed. T.T. faced a driving while intoxicated charge. Mr. Weinstock demonstrated 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. A judge dismissed the case.

Appeals

State v. R.C. – Appeal – Sentence Reduced. A jury convicted R.C. of conspiracy, criminal coercion and invasion of privacy. On appeal, Weinstock and Associates, LLC successfully argued that the sentence imposed was excessive. The appellate division reversed the sentence, making R.C. immediately eligible for parole.

Civil Litigation

Civil Rights Violations

W.F. and W.G v. Police Officers M.P. and J.H. - "Jury Verdict $360,000." W.F. and W.G. claimed that members of the police department violated their civil rights. Weinstock and Associates, LLC successfully asserted that the stop and search of W.F. and W.G. was unconstitutional. After a two-week trial, the jury awarded W.F. and W.G. $360,000 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, Weinstock and Associates, LLC settled the negligence claims against S.H. for $35,000.

Collection

Estate of K.J. – Collection of Interest in PA Estate. K.J. was one of six children of P.J., who died during pending medical malpractice action in Philadelphia. Following the settlement of P.J.'s claims, Weinstock and Associates, LLC was instrumental in recovering nearly $42,000 on behalf of K.J.'s estate.

O.L.R. v. Estate of J.D. – Collection of Fees for Services. J.D. was a resident of O.L.R. Nursing Home. J.D. failed to pay for services provided in accordance with the admissions agreement. Weinstock and Associates, LLC successfully negotiated and recovered $34,000 on behalf of O.L.R.

B.C.C.A 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. Weinstock and Associates, LLC successfully negotiated and recovered $20,000 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. Weinstock and Associates, LLC was successful in recovering money owed to J.S. prior to litigation.

Casinos v. Y.K. – Debt Reduced. Y.K. was indebted to casinos for $65,000. Weinstock and Associates, LLC negotiated a debt settlement for $30,000.

Employment

Estate of K.J. v. County – Wrongful Termination – Damages Recovered. K.J. claimed wrongful termination from her county employer. K.J. subsequently died. Weinstock and Associates, LLC settled the estate of K.J.'s claims against the county for $40,000.

County v. D.C. – Reduced Disciplinary Period. The county sought disciplinary sanctions against D.C., a county employee. Weinstock and Associates, LLC negotiated 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 in damages. Weinstock and Associates, LLC settled the matter on behalf of F.R. for $15,000 with no admission of liability.

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