I’m in Jail, What Happens Next? February 11, 2011
Posted by Jennifer L. Marshall, Esq. in Discussion.Tags: frivolous, jail, lawyer, Public Defender
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Many people find themselves asking that question everyday. The best advice I have to offer that helps everyone is to gather as much information as possible. Start out with trying to find a bail bondsman, if you cannot afford to bail yourself out make sure you know how much your bail is so you can advise your attorney for a bail motion.
Next, start finding yourself a lawyer. If you cannot afford an attorney the Public Defenders Office can represent you. All you have to do is fill out the Public Defender form.
When you meet with your attorney, try to have all your paperwork with you for the meeting. If you feel comfortable enough to write out your side of the story do that and give it to your attorney. Most importantly, if you plan on filing motions and you have retained an attorney, have your attorney file them. As an attorney there is nothing more frustrating than sitting down to talk to a client and they tell you they filed a motion they wrote themselves. As attorneys we have the education and experience in motion writing. Sometimes filing the motion on your own only hurts you, especially if the Court feels it is frivolous.
It is important to know that the sooner you get an attorney involved in your matter, the sooner he/she can start chipping away at the State’s case against you.
Michigan Man Charged With Felony Computer Misuse December 30, 2010
Posted by Jennifer L. Marshall, Esq. in Discussion.Tags: Computer misuse, Gmail, Leon Walker, Michigan
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Can verifying your spouses affair by checking his/her email account be a criminal charge? Well, Leon Walker is about to find out in his trial on February 7th. Walker used his wife’s email password to access her Gmail account, where he confirmed her on going affair.
Walker did not hack his wife’s account, but merely used a password he knew to gain access. The law the way it is written protects an individuals privacy from identity theft. Walker was using the computer that was a shared family computer. Passwords were not a secret. There is no evidence presented that states Walker used the password to steal her identity or misuse her identity.
It will be very interesting to see if Walker will be found guilty of the charge. If he is, this is an interesting precedent for anyone that shares a computer with someone else. Are we all committing felonies? Lets wait and see.
What is happening with Thomas Ivan? December 22, 2010
Posted by Jennifer L. Marshall, Esq. in Discussion, News.Tags: endangering the welfare, Spotswood High School, Thomas Ivan
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I am posting this update after many questions from friends and clients about the status of the Spotswood High School teacher charged with endangering the welfare of a child. Mr. Ivan was charged after fellow students of the 17 year old reported he was sending inappropriate text messages. Ivan was only charged with a fourth degree endangering the welfare of a child.
Right now the investigation is just getting started and court dates have not been set. Many asked me what would he get? It depends on many things. If Ivan has a criminal record that will be considered. The charge he was given is not, in my opinion, going to get him jail time. Of course, he will not be teaching anytime soon and I cannot comment on if he will lose his pension.
We all will have to wait and see how it turns out. Mr. Ivan will have to make sure he gets himself a good defense attorney. The text messages will be the evidence against and they must be analyzed, along with the extent of the relationship of there was one.
What is my sentence? December 15, 2010
Posted by Jennifer L. Marshall, Esq. in Discussion.Tags: attorney, endangering the welfare, jail, sentencing
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Monday, I had to witness a family grieve over their son, brother and friend being sentenced to 364 days in jail. Such a sight is normally not uncommon for me, but this day was different. The defense attorney was a young woman who I would have described as timid. Her client pled guilty to third degree endangering the welfare of a child. The child was a past middle school student of his. The plea agreement called for probation and the possibility of jail time as a condition to receiving the probation.
From the moment the family entered the courtroom and filled up one whole row, you could see the anticipation on their faces. Both the State and counsel made their arguments and the court rendered its decision of three years probation with 364 days in jail. It wasn’t until the officer placed the man in handcuffs that the ruling finally hit the family. The room erupted with cries and questions of why and this wasn’t suppose to happen. The young defense attorney was left having to explain what happened to the family.
Consensus among the other attorneys in the room was that the young woman must not have told the family he could get jail time. Such a sentence appeared to be a shock to them. As a defense attorney myself I always make my client aware of the sentence he could receive. Not being forward, no matter how you feel a person may react, is not a way to practice law. Everyday our clients trust us with their freedom. It is of vital importance that they know the costs of their decisions. I will never know if that young woman ever told her client he could go to jail, but I hope she did.
Hey, Let Me Do All The Talking! November 24, 2010
Posted by Jennifer L. Marshall, Esq. in Discussion.Tags: attorney, Court, investigators, silence, state, talk
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Time and time again as a defense attorney, I come across clients who think they should do all the talking. They feel they need to have meetings with investigators to tell their side or give them information to help their case.
Rarely have I seen a client talk his way out of an indictment or a plea. More than half of the time, the client only digs a deeper hole. It is important to remember that your attorney has gone to school for many years to learn how to talk for you. He/she has relationships with the State and the Court. Your attorney knows when to talk and when not to talk to protect your interest.
I know there are bad attorneys out there that only hurt their clients by talking. Those attorneys give the good ones a bad name. You should never fear your attorney and their actions. If you do I suggest you find an attorney you are comfortable with. You should feel secure when your attorney speaks for you. Remember what you say against your attorney’s advice could cost your freedom.
“It Is Time For A User Friendly Site” November 16, 2010
Posted by Jennifer L. Marshall, Esq. in Discussion.comments closed
Well fellow blog readers, I decided to re-vamp my law firm’s website. I know many of you felt it was very dark and not very “flashy”. I heard your remarks and I bring you the new Law Office of Jennifer L. Marshall, LLC website. Feel free to take a look. www.jlmarshallesq.com
Another Great Result For A Client November 8, 2010
Posted by Jennifer L. Marshall, Esq. in Discussion.Tags: careless driving, failure to report, leaving the scene of an accident, points
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I had a client that was given summonses for leaving the scene of an accident, failure to report an accident, careless driving, reckless driving, and improper passing. The prosecutor threatened to suspend my client’s license for 6 months, give him 5 points on his license and impose hundreds of dollars in fines. With my representation, the client only plead guilty to careless driving and failure to report an accident. The total penalty imposed was $266 in fines, and 2 points on his license. His license was not suspended and I gave him information on how to remove the 2 points from his license.
Confidence Your Case Will Be Handled September 27, 2010
Posted by Jennifer L. Marshall, Esq. in Discussion.Tags: attorney, case, confidence
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It goes without saying that every lawyer should handle their clients cases diligently and from start to finish. It is sad to say that in most law firms that is not the case. Many clients retain a firm thinking the one attorney they saw will be their attorney and they are comfortable with that.
Ultimately, there comes a point for some clients where an associate attorney will take over their case and they never see the first attorney again. This behavior causes the client distress and concern in an already hard time in their lives.
At my office I am the only attorney. I am available for all of my clients and I will never pass a case down to another attorney. I can give my clients that piece of mind so they can help me get them great results. Call me today if you are tired of being handed off.
Can Police Order You Out Of Your Car? May 13, 2010
Posted by Jennifer L. Marshall, Esq. in Discussion.Tags: car, orders, seizures
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New Jersey Criminal Defense 
Rutgers Discussions Continue after Tragedy October 7, 2010
Posted by Jennifer L. Marshall, Esq. in Discussion.Tags: comments, Rutgers, Tyler Clementi
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I have been to two networking events this week and I have had at least 3 people ask me my opinion on what should happen to the accused students. From the discussions I have had it appears that people are divided on that question. Some cannot see how video taping an intimate encounter in a dorm room connects to an individual leaping off of a bridge to his death. The other side says they see clearly how such an action could cause a person great suffering which could lead to a desperate action.
When I asked my questioners if they thought the students should suffer for the rest of their lives, I was met with a unanimous no. I was told that expelling them would be appropriate or giving them probation. I was also told anything less than a jail sentence would not be acceptable. Of course, no one thought the students should go to jail for 3 years.
As for me, I also do not believe these students should spend years behind bars. I would be okay with a record, probation and expulsion from Rutgers University. Only time will tell how this story ends. For now it seems the one good thing is this has brought together people/communities to engage in discussions that were almost non-existent before.
I would be interested to know what you think reader. What should happen to the two Rutgers students?