Ocean County Traffic Lawyers can help you suppress illegal evidence in your municipal court case.
When police search your car, house, apartment your person in violation of the constitutional law that we as a society have in place.

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We have these laws in place to protect us from unreasonable searches and seizures. Therefore the evidence discovered and even the related arrest, may be set aside in your case if it was obtained unlawfully.

The process by which the evidence will be set aside in your criminal case is done through “suppression” motions. This motion is an application made to the court challenging the unlawful search.

Motions in Ocean County Municipal Court are set by R. 7:7-2 as follows:

7:7-2. Motions

  • How Made. Except as otherwise provided by R. 7:5-2 (motion to suppress), motions in the municipal court and answers to motions, if any, shall be made orally, unless the court directs that the motion and answer be in writing. Oral testimony or affidavits in support of or in opposition to the motion may be required by the court in its discretion.
  • Hearings. A motion made before trial shall be determined before trial unless the court, in the interest of justice, directs that it be heard during or after trial.
  • Effect of Determination of Motion. Except as otherwise provided by R. 7:6- 2(c) (conditional pleas), if a motion is determined adversely to the defendant, the defendant shall be permitted to plead, if a plea has not already been entered. If a plea has been entered, the defendant may be permitted to stand trial as soon as the adverse determination on the motion is made. If an objection or defense specified in R. 7:7-1 is sustained and is not otherwise remediable, the court shall order the complaint dismissed. If the court dismisses the complaint and the defendant is held in custody on that complaint, the court shall order the defendant released.

The lawyers at our firm, Riviere Cresci & Singer LLC have the experience with the above rules in suppressing evidence seized as a result of unlawful searches by police agencies.

Since a warrantless search is presumed invalid, the state bears the burden of establishing that one of the exceptions allowing for a warrantless search applies. The standard of proof is a proponderance of the evidence. What this means is that the prosecution must prove that it is more likely than not that the facts establish an exception allowing for a search without a warrant otherwise a motion to suppress will defeat the search.

A defendant has enumerated protections under New Jersey Rule of Evidence 104 when he/she testifies at a suppression hearing. By testifying in a suppression hearing the defendant may only be cross-examined about the subject matter of the direct testimony at a Suppression Hearing. Also, the defendant’s testimony at the hearing may not be used against him/her later at trial.

Call us today to discuss how we can possibly suppress evidence obtained in an unlawful manner and is now being used in a case against you in Municipal Court. One of our lawyers is available now to discuss your case. Call us at (732) 64-NJLAW (65529)

What Our Clients Say

An Attorney Who Goes Above and Beyond For His Clients, He Puts Their Needs First Mr. Riviere gets a five star rating from my husband and I. Any questions we had he made sure to answer them, and that we understood. He went way above and beyond to help us out, we had a case that turned out not to be a cut...

Mark – A Chapter 7 Client

Paul Joseph Riviere II Gets Two Thumbs Up! I contacted Paul after I was in an accident. He was very helpful from the moment he took me on as a client. He helped me get medical treatment through PLIGA when I had no insurance at all. Paul also made sure I was seen by a doctor immediately for my pain...

Jim & Charlene – Personal Injury Client

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Lauren Greenberg
Lauren Greenberg
14:48 20 Oct 16
Paul worked on a tax assessment case for my husband and I. Our town assessed our house and as a result our taxes were due to increase. Paul was excellent and time efficient. He fought our town to have the house re-assessed and as a result our taxes did not increase and we got are due for a refund from the township. Thanks so much for a job well done!
Joy Valente
Joy Valente
00:47 05 Feb 17
I've been extremely taken aback by the acrimonious demeanor I've read, in the reviews, regarding The law firm of Riviere Cresci & Singer but specifically Mr, Paul Riviere. Esq. I first became acquainted with Mr. Riviere after I suffered an automobile accident. I had the pleasure of meeting with Mr. Riveire, along with other perspective attorney's, while looking for representation. After meeting with Mr. Reviere I knew instantly that he was the man I was going to hire. Mr. Riviere proved to be the right choice not only from his business acumen but his personal interest as well in my health and welfare. I would highly recommend this firm and Mr. Reviere if you are looking for an established firm with a history of excellent client-attorney interaction.
Michelle Pizzimenti
Michelle Pizzimenti
00:50 25 Oct 16
I had the pleasure of working with Paul Riviere and Jonathan Singer over the past few months. Paul and Jonathan were both always very knowledgeable, professional and timely when communicating with me and when communicating directly with the courts. I would highly recommend Paul Riviere and Jonathan Singer to anyone seeking legal services. Thank you, again!!
Mariel Valencia
Mariel Valencia
22:09 13 Jan 17
Jonathan Singer was simply the best atty. I will deff recommend his firm without a doubt.
matthew o'bryan
matthew o'bryan
18:40 03 Oct 16
Paul worked on an expongment case for me that I thought would never go thru. Paul was very professional and really helped direct me to what I needed to do in order for him to get the job done. I can't thank him enough for his hard work. I recommend Paul to anyone for any case that they would need a lawyer for.
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