Vehicular Homicide

Successfully defended J.V.R. for an Indictment for 2nd Degree charges of an automobile Burglary and Possession of a Firearm in Mercer County. If convicted, J.V.R. would have been susceptible to a prison sentence of 5 to 10 years, subject to NERA 85% ineligibility for Parole. Furthermore, as a Legal Permanent Resident and not a U.S. Citizen, he was also susceptible to deportation following his prison sentence. As the J.V.R. was positively identified by the victim and the police having garnered a Mirandized confession absent counsel, the case was difficult. Nonetheless, after fully gauging the facts and circumstances of the case, Mr. Kessous was able to resolve the matter with the Prosecutor and the Court to merely a Disorderly Persons (misdemeanor) offense of Trespassing. This resolution maintained a fine of less than $200 and no additional incarceration or probation. It further gave J.V.R.’s immigration attorneys the ability to fight for him to be able to maintain his legal status in the U.S.

Successfully defended C.S. in a municipal court in Union County for an allegation of passing a school bus. If convicted, this offense would have resulted in five (5) points, mandatory community service and possible suspension of driving privileges of up to six (6) months. After extensive negotiations with the State and with the approval of the Court, Mr. Kessous resolved the matter to merely a single, 0 point minor violation.

Successfully defended S.M. in a Municipal Court in Middlesex County for a charge of Driving While Intoxicated and Refusal to Provide Breath Samples upon request. S.M. was purportedly observed by a pair of “Good Samaritans” who claimed they observed him drinking an alcoholic beverage while walking out of liquor store and then continue to drink as he drove away. While following him, they contacted 911 and claimed they were directly observing repeated motor vehicle infractions consistent with an intoxicated driver. After the police became directly involved and arrested S.M., he refused to provide breath samples. Mr. Kessous was nonetheless able to resolve the matter to a dismissal of the Refusal charge, saving S.M. what would have been an additional minimum four (4) to twelve (12) month term of suspension of his driving privileges as well as additional fines and mandatory installation of the Ignition Interlock system into his vehicle.

Successfully represented T.H. in a Municipal Court in Monmouth County for Possession of Marijuana while at a concert at the PNC Arts Center. While this matter was proceeding, T.H. also was subsequently charged in a separate incident while at the Jersey Shore in Ocean County. T.H. confessed to the possession of the marijuana on both separate occasions. Nonetheless, as a result of extensive motion practice in both towns, respectively, both charges were ultimately dismissed, in their entirety, on procedural technicalities developed by Mr. Kessous. Thus, T.H. was saved from county jail, extensive fines, a criminal record and the humiliating experience of having to provide random urine samples over a period of a year in a probationary program for otherwise 1st time offenders.

Successfully represented D.H. in a Municipal Court in Somerset County. D.H. was charged with a 3rd offense of operating a Motor Vehicle while using a Cell phone. As a 3rd offender, D.H. was susceptible to a fine of no less than $600 to $800 and three (3) points against his driver’s license as well as discretionary suspension of up to ninety (90) days. Mr. Kessous was the first attorney to persuade the municipal prosecutor and the sitting judge of that court to allow the charge to be amended to a zero (0) point ticket of unsafe driving with a fine of $439.