Gun & Drug Crimes Attorney Based in Atlantic City, NJ

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. K.G. – Drug Distribution – Motion to Suppress Granted/Case Dismissed. K.G. was charged with possession with intent to distribute more than 10 ounces of cocaine and related offenses. Mr. Levin filed a motion to suppress, successfully asserting that the police officers searched K.G. ‘s car without a search warrant in violation of his federal and state constitutional rights. The court granted the motion to suppress. As a result, the case was dismissed in its entirety.

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. R.S. – Drug Distribution – Motion To Dismiss Granted (Twice). R.S. was charged with possession with intent to distribute cocaine. Due to the lack of a connection between R.S. and the cocaine, Mr. Levin successfully procured the dismissal of all charges. Subsequently, the state re-indicted R.S., and the case was placed on the trial list. Before trial, the case again was dismissed for lack of evidence. The case remains dismissed.

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 noncustodial probation and served no jail time, despite the mandatory state prison sentence required under the statute.

State v. P.C. – Gun And Drug Distribution – Motion To Suppress Granted/Case Dismissed. P.C. was charged with possession of a handgun by a convicted felon, possession of cocaine with intent to distribute in a public zone, and numerous related weapons and drug offenses. Mr. Levin filed a motion to suppress, successfully contending that the police officers stopped P.C. without reasonable and articulable suspicion, and thereafter searched his hotel room 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. 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. A.J. – Unlawful Possession Of A Handgun By A Convicted Felon – Gun Charges Dismissed. A.J. was charged with unlawful possession of a handgun by a convicted felon. Mr. Levin filed and litigated a motion to dismiss the indictment, successfully arguing that the evidence was insufficient to demonstrate that A.J. constructively possessed the handgun. The gun charges were dismissed, after which the state chose not to represent the charges to the grand jury.

State v. S.P. – Unlawful Possession Of A Handgun – PTI Granted/Case Dismissed. S.P. was charged with unlawful possession of a handgun, which carries a mandatory sentence of five years incarceration in the New Jersey State Prison with a three-year period of parole ineligibility. S.P. had driven to New Jersey to gamble, parked his car and left his gun therein. Mr. Levin successfully filed an application with the Atlantic County Prosecutor to waive the mandatory state prison sentence and to procure S.P.’s admittance in the Atlantic County Pretrial Intervention Program. The prosecutor granted the application, waived the mandatory prison sentence and consented to S.P.’s admission to the Pretrial Intervention Program. Upon successful completion of the program, S.P.’s case will be dismissed. He then will be able to have the case expunged (i.e., removed) from his record.

State v. A.B. – Unlawful Possession Of A Handgun – PTI Granted/Case Dismissed. A.B. was charged with unlawful possession of a handgun when he brought a loaded handgun to the casinos. Although the charge usually carries a mandatory state prison sentence of five years with a three-year period of parole ineligibility, Mr. Levin successfully filed an application with the Atlantic County Prosecutor, who waived the prison sentence. Mr. Levin then procured A.B.’s admittance in the Atlantic County Pretrial Intervention Program, after which the case was dismissed and then expunged (i.e., removed) from A.B.’s record.

State v. C.M. – Unlawful Possession Of A Handgun – Case Dismissed. C.M. was charged with unlawful possession of a handgun arising out of the police officers’ recovery of a handgun in a car. Mr. Levin successfully obtained a dismissal after demonstrating that the handgun belonged to another person.

State v. J.B. – Drug Possession – Motion To Suppress Granted/Case Dismissed. J.B. was charged with possession of under 50 grams of marijuana, arising out of a traffic stop in which marijuana was recovered by police officers in the center console of a car. Mr. Levin initially argued a motion to suppress in the Margate Municipal Court, which the court denied. Mr. Levin successfully appealed to the Superior Court of New Jersey – Law Division, Criminal Part (Atlantic County), where the court reversed and granted the motion to suppress. As a result, the case was dismissed.

State v. G.K. – Drug Possession – Motion To Suppress Granted/Case Dismissed. G.K. was charged with possession of under 50 grams of marijuana based upon the police officers’ recovery of marijuana in G.K.’s car during a traffic stop. Mr. Levin successfully filed, argued and won a motion to suppress. The crux of the motion was that the police violated G.K. by searching his car without a warrant and without an exception to the warrant requirement. The case then was dismissed.

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 pretrial 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 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.

State v. J.W. – Gun Forfeiture – State’s Application To Forfeit Client’s Guns Denied. The state moved to forfeit J.W.’s guns based upon allegations that J.W., a state police officer, pointed his handgun at L.W. and threatened to physically harm her. Mr. Levin successfully contested the state’s application, arguing that L.W. was not credible and procured the return of J.W.’s handguns.

State v. R.B. – Gun Forfeiture – Motion To Return Client’s Guns Granted. R.B., a former member of the United States Marines and United States Army, who had honorably served our country in combat in Iraq and Afghanistan, was stripped of his right to bear arms. Mr. Levin successfully moved to have R.B.’s right to bear arms reinstated, resulting in the return of R.B.’s guns.

State v. N.E. – Appeal Of Denial Of Right To Possess Firearm – Appeal Granted/Client Right To Bear Arms Restored. N.E. applied for a firearms identification card in order to possess firearms in Ocean City, New Jersey. The Chief of Police denied the application and determined that N.E. should not be permitted to own weapons. Mr. Levin successfully appealed the denial to the Superior Court, which granted N.E. his firearms identification card and reinstated N.E.’s right to bear arms.

State v. T.A. – Second-degree unlawful possession of a handgun – Secured a non-custodial probationary sentence. Charged with second-degree unlawful possession of a handgun without first having obtained a permit to carry the same pursuant to N.J.S.A. 2C:39-5b(1) and second-degree conspiracy to transport a firearm into the State of New Jersey with the purpose to sell the same pursuant to N.J.S.A. 2C:39-9i, both of which implicated the Graves Act, N.J.S.A. 2C:43-6 and mandate a New Jersey State Prison sentence of 5-10 years with a minimum parole disqualification of three years and six months. After extensive motion practice able to secure a non-custodial probationary sentence.