Domestic Violence

Successfully defended M.T. in a Municipal Court in Union County for Driving While Intoxicated as well as Refusal to provide Breath Samples upon Request. Unfortunately, as she was a 3rd offender, she was susceptible to a minimum mandatory six (6) months in jail as well as twenty (20) years suspension of her driving privileges. The entire matter was captured on video. Mr. Kessous conducted extensive litigation within the Union County Municipal Court, including but not limited to a Demand for a Jury Trial. This issue was then further litigated through the Law Division on Appeal. Mr. Kessous strategically utilized this Appellate process to Stay the underlying proceedings in order to conduct an attack on M.T’s 2nd offense DWI conviction within a Municipal Court in Middlesex County. After initially losing a Motion to Vacate the Guilty Plea, a plea that she entered years earlier with alternate counsel, Mr. Kessous ultimately prevailed on a Motion for Reconsideration of the Denial, thus vacating the 2nd DWI Conviction and obtaining a dismissal of same. Mr. Kessous then successfully argued to the Union County Municipal Court jurisdiction that without the 2nd offense DWI conviction, the 3rd offense actually became a 1st offense, as more than ten (10) years exists separating the 3rd from the 1st. Thus, after almost a year of litigation, M.T. was ultimately sentenced to no jail term and merely three (3) months suspension of her driving privileges on the DWI, with a verdict of “not guilty” as it concerned the Refusal.

Successfully defended J.D. in Monmouth County. Initially charged with a 3rd degree crime of Aggravated Assault with an automobile, J.D. was specifically accused of attempting to “run down” her estranged spouse during the course of a domestic dispute. After discussions with the Monmouth County Prosecutor’s Office, the matter was remanded as a Disorderly person’s offense to the local municipality. Subsequently, J.D. entered a guilty plea to a mere local ordinance/non-criminal violation of being loud in public and paid a fine less than $200. All other charges, even the reckless driving ticket, were dismissed.

Successfully represented C.D. for a Leaving the Scene of a Motor Vehicle Accident in a municipal court in Middlesex County. Despite the proofs of guilt, including the presence of an eyewitness in court, Mr. Kessous was able to persuade the prosecutor, with whom he had previously developed a friendly professional relationship, to amend the charge to merely failing to report the accident, saving the client an ordinarily six (6) months suspension of her driving privileges.

Successfully defended L.N.E. from criminal theft related charges within a Municipal Court in Middlesex County. Despite the existence of surveillance footage clearly confirming the act, Mr. Kessous successfully had the charge amended to that of a non-criminal charge, thus avoiding a criminal conviction that would have resulted in immigration consequences as L.N.E. was not a U.S. citizen.

Successfully defended G.M.B. for a Driving While Suspended violation in a municipal court in Hunterdon County. Despite overwhelming proofs of a 3rd offense, Mr. Kessous was able to persuade the prosecutor, with whom he had developed a friendly professional relationship over a period of a decade, to amend the charge to a mere document violation. As the client was spared a mandatory jail sentence, he was also spared the likelihood of deportation upon his reporting to the jail as a result of his residency status.