Freehold Criminal Defense Lawyer
Sanvenero & Cittadino, LLC represents people throughout Freehold and the rest of Monmouth County who have been charged with offenses ranging from municipal court traffic matters to indictable crimes heard in Superior Court. As a Freehold criminal defense lawyer team, the firm defends DWI and DUI cases, drug and weapons charges, domestic violence allegations, and firearm permit denials, and it serves clients in Ocean and Middlesex Counties and across New Jersey as well.
Freehold is unusual because two kinds of court sit within a few blocks of each other. Freehold Borough and Freehold Township each run their own municipal court, which handles disorderly persons offenses, traffic violations, and DWI. The Monmouth County Courthouse in Freehold is where indictable cases are heard in the Criminal Division of the Superior Court. A single arrest can begin in one and end up in the other, and the strategy changes depending on where the case is headed.
The charges that cause the most lasting damage are often the ones people treat casually: a first DWI, a gun found in a vehicle, a restraining order violation. Each carries consequences well beyond the sentence itself, including license suspension, a permanent record, loss of firearm rights, and effects on employment and custody. The right defense starts with knowing which of those consequences is actually in play.
The Charges Our Freehold Criminal Defense Attorneys Handle Most
- DWI and DUI: Under N.J.S.A. 39:4-50, a driver can be convicted with a blood alcohol concentration of .08% or higher without any proof of visible impairment. Drug impairment is charged under the same statute. Drivers under 21 can be charged at .01%, and commercial drivers at .04%. A first offense at .08% to .10% carries a fine of $250 to $400, up to 30 days in jail, 12 to 48 hours at the Intoxicated Driver Resource Center, and three months of ignition interlock.
- Breath Test Refusal: A first refusal means a license suspension of 7 to 12 months, a fine of $300 to $500, and IDRC attendance. A second refusal brings two years, and a third brings ten. Refusal is charged separately from DWI, so a case can be won on one count and lost on the other.
- Unlawful Possession of Weapons: Under N.J.S.A. 2C:39-5, unlawful possession of a handgun is a second-degree crime carrying 5 to 10 years. Rifles and shotguns are third-degree (3 to 5 years), and other weapons are fourth-degree (up to 18 months). The Graves Act can add a mandatory period without parole eligibility.
- Domestic Violence Offenses and Contempt: The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 through 2C:25-35, lets a court issue restraining orders, and violating one can be prosecuted as contempt under N.J.S.A. 2C:29-9. A final restraining order never expires on its own, and it requires surrender of firearms and revokes a Firearms Purchaser Identification Card.
- Indictable Offenses in Superior Court: Felony-level charges are prosecuted by the Monmouth County Prosecutor and heard at the courthouse in Freehold. These cases move through grand jury, discovery, and plea negotiations or trial, and offense degree drives sentencing exposure.
- Disorderly Persons Offenses and Traffic Violations: Speeding, careless driving, and similar tickets can produce points, surcharges, and suspension. Disorderly persons offenses are heard in municipal court, and many of these cases offer room to negotiate if the record is built early.
- Firearm ID and Permit Appeals: A denial of a Firearms Purchaser Identification Card or a permit to purchase a handgun can be appealed, and the outcome often turns on how the denial reason is documented and challenged.
Why Choose Sanvenero & Cittadino, LLC for Criminal Defense Near Freehold
Sanvenero & Cittadino, LLC is a full-service New Jersey firm serving Monmouth, Ocean, and Middlesex Counties, with attorneys admitted in New Jersey, New York, Florida, and the District of Columbia. Several of its attorneys have been recognized by Super Lawyers. Criminal and municipal court defense sits alongside family law, domestic violence, business, real estate, and personal injury work, which matters because criminal charges rarely stay in one lane.
Richard Sanvenero, Managing Partner, is a New Jersey Supreme Court Certified Matrimonial Attorney who previously served as a law clerk in the Family Part of the Superior Court of New Jersey. That background is directly useful when a domestic violence charge or restraining order is filed alongside a custody or divorce case, because a plea or finding in one courtroom can change the outcome in the other. Joshua Cittadino, Founding Partner, brings experience in real estate, construction litigation, personal injury, employment matters, and business transactions, which helps when a criminal charge threatens a client’s livelihood or business. Mike Canarick, Of Counsel, is a tax and estate planning attorney whose work supports clients whose finances are affected by a conviction or penalty.
The firm’s approach is plain: the team communicates clearly, returns calls, and explains each step in plain terms. The firm has also recovered $400,000 for personal injury clients in just three months, a result that reflects the preparation it brings to contested matters generally. Clients get one coordinated team rather than separate firms for the criminal case, the family court case, and the business fallout.
What to Do After a Criminal Charge in Freehold
Start by identifying where the case will be heard. A complaint on a disorderly persons offense or traffic ticket in Freehold Borough goes to the municipal court in the Borough, and one issued by the Township goes to the Township’s municipal court. An indictable charge goes to Superior Court at the Monmouth County Courthouse in Freehold. Missing a court date in any of these creates a new problem, typically a warrant, so confirm the date, time, and courtroom before doing anything else.
Say as little as possible to police and prosecutors, and do not discuss the facts on social media or with the alleged victim. In a DWI case, write down everything you remember about the stop, the field sobriety tests, and when and where you last ate or drank, while the details are fresh. Keep any paperwork you were handed, including the summons and any notice of suspension. Do not delete texts or messages, even ones that look unhelpful, because deleted evidence creates its own legal trouble.
If a restraining order is involved, a temporary order includes a hearing date within ten days, and the final hearing is decided by a preponderance of the evidence. That is a much lower bar than a criminal trial, and the hearing can happen before you have had a chance to see the full evidence. If you are subject to a temporary order, do not contact the other party, even if they reach out first. Contact alone can be charged as contempt.
Early lawyer involvement changes what is possible. Before a plea is entered, there can be room to challenge the stop, the arrest, or the breath test procedure, to seek a downgrade, or to apply for a diversion program. Once a guilty plea is entered, most of those options close.
Diversion Programs, Graves Act Relief, and Expungement
Pretrial Intervention, governed by N.J.S.A. 2C:43-12, lets some defendants complete a period of supervision, after which the charges are dismissed. It is available once per person, and anyone who previously received supervisory treatment, a conditional discharge, or a conditional dismissal is ineligible. There is a presumption against admission for public officers whose offense touched their employment, and for cases involving violence, the threat of violence, or domestic violence committed while a restraining order was in effect. Some first and second-degree charges require a guilty plea as a condition of entry.
Conditional discharge under N.J.S.A. 2C:36A-1 covers certain disorderly persons drug offenses and is likewise a one-time program. Conditional dismissal under N.J.S.A. 2C:43-13.1 is another route. Which one applies depends on the charge, your history, and what the prosecutor will support.
For gun charges, the Graves Act mandatory minimum under N.J.S.A. 2C:43-6 is generally the greater of 42 months or half the sentence imposed, with an 18-month minimum for fourth-degree offenses. Under N.J.S.A. 2C:43-6.2, a defendant with no prior gun conviction may have the prosecutor ask the assignment judge to waive the minimum. That motion is often the most important event in a first-time gun case.
After a case ends, expungement can clear the record. Clean Slate expungement under N.J.S.A. 2C:52-5.3 requires at least ten years since your last conviction and since fines, fees, and probation or parole were completed. The standard waiting period is five years after completing a sentence for indictable and disorderly persons offenses, and two years for ordinance violations. Earlier relief is possible in some cases: four years for an indictable conviction in compelling circumstances, and three years for disorderly persons offenses. Murder, manslaughter, kidnapping, sexual assault, robbery, arson, and perjury are barred from expungement.
Freehold Criminal Defense Questions Answered
Do I need a lawyer for a first DWI in Freehold?
A first offense is still a criminal-level proceeding with license, fine, and insurance consequences, and a conviction stays on your driving record. A lawyer can examine the stop, the field sobriety testing, and the breath test procedure, all of which are common points of challenge.
What happens if I refuse the breath test?
A first refusal carries a license suspension of 7 to 12 months, a fine of $300 to $500, and IDRC attendance. A second refusal is two years and a third is ten. The refusal charge is separate from DWI, so both must be defended.
Can I be convicted of DWI without a breath test?
Yes. A driver can be convicted based on observed impairment, field sobriety performance, and other evidence, and drug impairment is charged under the same statute as alcohol.
What are the penalties for a second or third DWI?
A second offense carries a fine of $500 to $1,000, up to 90 days in jail, 30 days of community service, and an ignition interlock requirement. A third or later offense carries a $1,000 fine and at least 180 days in county jail or a workhouse, with a possible credit of up to 90 days for approved inpatient rehabilitation.
Is a weapons charge always a mandatory prison term?
No. The Graves Act sets a mandatory minimum without parole eligibility for covered offenses, but a defendant with no prior gun conviction may qualify for a waiver on the prosecutor’s motion under N.J.S.A. 2C:43-6.2. Pretrial Intervention may be possible in some cases as well.
What is the difference between municipal court and Superior Court?
Municipal courts, such as those in Freehold Borough and Freehold Township, handle traffic matters, DWI, and disorderly persons offenses. Indictable crimes go to the Criminal Division of the Superior Court at the Monmouth County Courthouse in Freehold, where the County Prosecutor brings the case.
Can a criminal charge affect my custody case?
Yes. Recent amendments to N.J.S.A. 9:2-4 make child safety a threshold issue in custody decisions, and where there is a history of domestic violence, an offending parent may not be given increased custody to improve the parent-child relationship. A domestic violence finding can shape the outcome of both cases.
If a restraining order is granted, what happens to my guns?
All firearms must be surrendered, and any Firearms Purchaser Identification Card is revoked. Because a final restraining order does not expire by itself, those consequences are long-lasting.
Can I be admitted to Pretrial Intervention if I have a prior program?
Generally no. Supervisory treatment can occur only once, and a prior conditional discharge or conditional dismissal also makes you ineligible.
When can I expunge a conviction?
The usual wait is five years after completing your sentence for indictable and disorderly persons offenses, with shorter paths available for compelling circumstances. Clean Slate relief requires ten years since your last conviction and since completing all sentence terms. Certain serious crimes can never be expunged.
Is it worth hiring a lawyer for a traffic ticket?
If the ticket carries points, surcharges, or a risk of suspension, often yes. A lawyer can negotiate to reduce or amend the charge, which may avoid the points and the insurance impact.
Serving Freehold and Monmouth County Criminal Defense Clients
Sanvenero & Cittadino, LLC defends clients in Freehold and throughout Monmouth County, including Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Long Branch, Asbury Park, and Shrewsbury. Each community has its own municipal court or shares one with a neighbor, and the firm appears in them regularly. Shrewsbury Township’s court services are provided through Red Bank, while Holmdel and Colts Neck share a court at Colts Neck.
The firm also represents clients in Ocean County, including Toms River, and throughout Middlesex County, as well as statewide. Whether the case is a DWI heard in a local municipal court or an indictable charge at the Monmouth County Courthouse in Freehold, the same team handles the defense and coordinates with the firm’s family law, domestic violence, and business attorneys when a charge reaches into other parts of a client’s life.
Speak With a Freehold Criminal Defense Attorney
The decisions made in the first days after a charge, including what you say, which court dates you keep, and whether you pursue diversion, shape what is possible later. If you need a Freehold criminal defense attorney who can handle the charge and the consequences surrounding it, call Sanvenero & Cittadino, LLC to schedule a consultation and talk through where your case stands.