Super Lawyers
AV Preeminent 2016
New Jersey State Bar Association

Criminal Cases and Municipal Court

Recent Results In Criminal Cases and Municipal Court

At Brause, Brause & Ventrice, L.L.C., we zealously advocate on behalf of our clients and prepare each case to protect our clients’ rights. The following are examples of how we approach some of these cases:

Have you been wrongfully accused of a crime by your ex?

In the wake of a bad breakup, ex boyfriends and ex girlfriends are capable of some truly reprehensible behavior, which may include filing false criminal charges. We have found creative ways to utilize emails, text messages, telephone messages, and even posts on social media such as Facebook to prove our clients’ innocence by using their ex’s communications to demonstrate their true improper motive for filing false charges.

Have you been charged with theft after being involved in a failed business transaction?

When a business relationship ends, it often becomes as acrimonious as a bad divorce. Sometimes business disputes result in disgruntled former partners or business associates filing criminal theft charges against each other, even when no actual crime was committed. In these situations, we have engaged financial experts to perform a forensic accounting or other types of financial analysis to prove that the numbers did not add up to a criminal act. We recently utilized a financial expert to defend a client who was accused of stealing approximately $160,000.00 from his former business by a former business partner.

Have you been charged with DWI, but believe that you were not above the legal limit of intoxication?

We promptly have the evidence reviewed by one of our scientific experts to explore whether there are any viable defenses to the accuracy of the blood-to-alcohol reading or the accuracy of the arresting officer’s observations. When such a defense is appropriate, we work with our experts to protect our clients’ rights and limit their exposure to otherwise serious consequences and penalties.

Are you facing drug charges, but are in need of treatment rather than incarceration?

Certain drug-involved offenders who are most likely to benefit from treatment and do not pose a risk to public safety may be given the opportunity to have their charges handled in Drug Court in the Superior Court of New Jersey. Drug Courts have achieved notable success because of their intensive supervision, frequent drug testing, and regular court appearances, combined with treatment and recovery services. We recently persuaded various County Prosecutors’ Offices throughout the State to allow a client of ours who had drug charges in approximately 10 different municipalities to participate in Drug Court to address her addiction and to avoid a lengthy period of incarceration.

Were you the victim of an illegal search that resulted in criminal charges?

Members of law enforcement do not have unbridled authority to search you, your car, or your home. If a court finds that contraband was found only after the police conducted an illegal search, the contraband that was found may not be used against you. We research and evaluate every case to determine whether our clients’ constitutional rights were violated, and when appropriate, we ardently argue against the use of evidence that was the result of an unconstitutional unlawful search and seizure.

Through our diligence by challenging the prosecution’s proofs and the actions of the police, we negotiated a term of probation for an individual who was charged with maintaining a marijuana grow house, who was originally facing a potential sentence of more than 10 years in prison.

Have you been accused of a violent crime that exposes you to possible incarceration and serious penalties?

We have achieved favorable results for individuals charged with the most serious violent crimes. We are proud to have one of the few practicing attorneys in the State of New Jersey who represented defendants charged with capital murder when New Jersey still recognized the death penalty. Pamela Lynn Brause has tried several notable capital murder cases, including the following:

State v. Thomas Koskovich — 1999 trial in Sussex County and 2002 retrial in Morris County. The defendant was convicted of luring two pizza deliverymen to a remote location, where he shot and killed them for the thrill of it. After a retrial of the penalty phase, Ms. Brause successfully defeated the prosecution’s efforts to impose the death penalty.

State v. Jonathan Robinson — 1997 trial in Atlantic County. The defendant was convicted of returning to a video store that he had previously robbed and stabbing to death the 21-year-old clerk because she could have identified him. Ms. Brause successfully defeated the prosecution’s efforts to impose the death penalty.

State v. Robert Gardner — 1996 trial in Monmouth County. The defendant was convicted of killing an elderly man during a burglary of the defendant’s place of business. Ms. Brause successfully defeated the prosecution’s efforts to impose the death penalty.

Although New Jersey no longer recognizes the death penalty, we understand the dire consequences of any criminal conviction. We stand ready to put our resources and extensive experience to work to protect your rights. From indictment to arraignment to trial to sentencing, our attorneys remain at your side and in your corner.

Do you wish to appeal a conviction or sentence?

If you believe that you were wrongfully convicted of a crime or that you received an excessive sentence, call us to schedule a free initial consultation to explore whether you have grounds for an appeal. Our attorneys have extensive criminal appellate experience, in which we have argued appeals based upon illegal search and seizure, improperly admitted evidence, wrongful denial of pretrial intervention, and excessive sentencing. We have handled appeals from the entire spectrum of criminal convictions ranging from murder to Municipal Court violations.

Our criminal appellate practice has even involved unusual issues such as an appeal in which we successfully defended the denial of the news media’s access to juvenile court proceedings that arose out of the Sayreville High School football team hazing incident.

The foregoing are offered only as examples of some of the results that we have obtained, and involve specific factual and legal circumstances that are unique to the individual cases. These examples should not be construed or interpreted to suggest that we may obtain similar results in your case.