News

April, 2010

Defendant Sentenced to Sixty (60) Days Delaney Hall on Drug and Violation of Probation Case

Pasquale O. Vella, Esq. of the Law Offices of Garces & Grabler, P.C. represented a client accused of Possession of a Controlled Dangerous Substance (Cocaine), Possession of Drug Paraphernalia, Possession of a Controlled Dangerous Substance in a Motor Vehicle, 2nd Offense Driving While Suspended, Failure to Give Proper Turn Signal and 2nd Offense Violation of Probation in Belleville Municipal Court. After four (4) months of intense litigation, Pasquale O. Vella, Esq. and the Belleville Municipal Prosecutor’s Office negotiated an extensive all encompassing plea agreement whereby the Defendant, Leonard L. would plea guilty to Possession of Drug Paraphernalia, Driving While Suspended and Violation of Probation with the remaining charges being dismissed.

At Sentencing before The Honorable Frank J. Zinna, J.M.C., Mr. Vella vigorously argued the Defendant, despite a long-standing criminal history, had made great strides in his battle with chemical dependency, had a temporary relapse and there were significant measures in place to ensure no subsequent criminal offense would transpire. Despite vigorous objections made by the Defendant’s Probation Officer, The Honorable Frank J. Zinna, J.M.C. reluctantly agreed with the argument of Mr. Vella and sentenced the Defendant to a term of sixty (60) days jail to be served at Delaney Hall. Mr. Vella urged The Honorable Frank J. Zinna, J.M.C. to permit the Defendant to serve his jail term at Delaney Hall in order to receive drug treatment and learn job/life skills. Mr. Vella also ensured the Defendant could be released after serving only thirty six (36) days if there were no institutional violations committed. Mr. Vella also convinced The Honorable Frank J. Zinna, J.M.C. to release the Defendant from any and all existing and future terms of Probation. Defendant also received an eight (8) month suspension of his driving privileges.

Defendant originally faced up to one (1) year in Prison at Essex County Jail on the original charges of Possession of a Controlled Dangerous Substance and Possession of Drug Paraphernalia. In addition, Defendant also faced up to five (5) years in Prison at Essex County Jail on the charge of Violation of Probation. Lastly, Defendant faced up to a three and one-half (3 ½) year loss of his driving privileges. The plea deal negotiated by Mr. Vella and the Belleville Municipal Prosecutor’s Office allowed The Honorable Frank J. Zinna, J.M.C. to sentence the Defendant in the range of 1 to 6 years.