Case Results
William Fay, Esq. successfully secured admission into Pretrial Intervention (PTI) for a client facing four separate criminal cases in Monmouth County Superior Court arising from allegations of manufacturing and distributing controlled dangerous substances (CDS), including heroin and cocaine. The charges arose from multiple incidents occurring on different dates and included second- and third-degree offenses.
After presenting significant mitigating factors and advocating on the client’s behalf, Mr. Fay successfully negotiated a resolution that allowed the client to enter PTI rather than proceed through the traditional criminal process. Upon successful completion of the program, all charges will be dismissed, allowing the client to avoid criminal convictions and move forward with a clean slate.
William Fay, Esq. secured a favorable outcome for an Ocean County client charged in Monmouth County with two second-degree offenses involving a large-scale drug distribution investigation, including possession with intent to distribute marijuana and possession of a firearm while committing a controlled dangerous substance offense. Because the firearm charge qualified as a Graves Act offense, the client faced a mandatory prison sentence with a period of parole ineligibility. During discovery, Mr. Fay identified weaknesses in the State’s case and presented substantial mitigating evidence regarding the client’s involvement. As a result, the State agreed to a Graves Waiver and permitted the client to enter a 12-month Pretrial Intervention (PTI) program, allowing the client to avoid mandatory incarceration and ultimately seek dismissal of the charges upon successful completion.
William Fay, Esq. successfully negotiated a global resolution for a client facing approximately 15 criminal cases in Ocean and Monmouth Counties involving drug possession, drug distribution, firearm possession, and theft offenses. The client faced multiple second- and third-degree charges across numerous separate complaints, exposing them to decades in state prison. Despite additional arrests occurring while the cases remained pending, Mr. Fay aggressively litigated the matters, repeatedly securing the client’s release at detention hearings while pursuing a comprehensive resolution. Through extensive pretrial negotiations, he obtained admission into Recovery Court, allowing all pending matters to be resolved through treatment rather than incarceration and providing the client with an opportunity to avoid a lengthy prison sentence.
Final Restraining Order Vacated
William Fay, Esq. successfully obtained the dismissal of a Final Restraining Order in Ocean County that had remained in effect since 1994. The defendant, an out-of-state resident, had lived under the restrictions of the order for more than 30 years, including consequences that affected his professional career.
Mr. Fay presented arguments addressing the applicable Carfagno factors and demonstrated why the longstanding restraining order should no longer remain in effect. After considering the circumstances and arguments presented, the judge ruled in the defendant’s favor and vacated the Final Restraining Order.
Dismissal and Expungement
William Fay, Esq. successfully secured the dismissal of two first-degree armed robbery charges (N.J.S.A. 2C:15-1A) for a client in Mercer County, New Jersey. After eight months of pretrial litigation focused on the identity of the individuals involved, Mr. Fay presented evidence and arguments demonstrating that his client was not involved in the alleged robbery and was instead in the wrong place at the wrong time.
Despite the client’s prior criminal history, Mr. Fay successfully convinced the Prosecutor’s Office to dismiss all charges. Following the dismissal, the court granted an expedited expungement, allowing the client to move forward without a conviction for these serious charges.
Charge Dismissed and $46,500 in Seized Funds Returned
William Fay, Esq. successfully secured the pre-indictment dismissal of a third-degree money laundering charge under N.J.S.A. 2C:21-25(a). The client had been arrested on allegations of money laundering, and $46,500 was seized at the time of the arrest.
After challenging the sufficiency of the evidence supporting the charge, Mr. Fay obtained a dismissal before indictment. Following the dismissal, the $46,500 in seized funds was returned to the client.
William Fay, Esq. secured the dismissal of multiple serious criminal charges in Monmouth County, including Third-Degree Drug Distribution (N.J.S.A. 2C:35-5B), Second-Degree Possession of a Firearm (N.J.S.A. 2C:39-4.1A), and Second-Degree Endangering the Welfare of a Child (N.J.S.A. 2C:24-4A). After conducting a thorough investigation, Mr. Fay presented substantial mitigating and exculpatory evidence to the Monmouth County Prosecutor’s Office. Following a review of the evidence, the Prosecutor moved to dismiss all charges against the client, resulting in a complete dismissal before trial.
William Fay, Esq. secured the dismissal of a second-degree aggravated assault charge arising from an alleged domestic violence incident in Monmouth County. Despite significant challenges, including the client’s prior criminal history and statements made to detectives, Mr. Fay pursued a strategic defense focused on the client’s documented mental health history. With supporting testimony from medical experts, the court granted a motion to dismiss the charge before trial, making the case eligible for immediate expungement.
Mr. Fay successfully presented a self-defense claim and obtained an acquittal for the client. The result was directly attributable to his cross-examination of the detectives as well as his ability to craft specific jury charges to ensure that the outcome would be favorable.
The court dismissed the charges through a directed verdict of acquittal after the state presented its case. This was accomplished through aggressive cross-examination of the alleged victim to establish falsehoods in their testimony that the court could not overlook.