The Law Offices of Brian J. Neary

Representative Case Results

Brian J. Neary and his firm's attorneys have handled many thousands of cases over 40 years in criminal defense practice, including some of the most complicated and highest-profile cases in New Jersey history. Yet, every week, he and his Associates bring the same rigorous approach to defending ALL of their clients. They know that when you're facing a criminal charge, no matter how serious or seemingly "minor," it's extremely important to you. Here is a small sampling of representative case results. Every single case is different and dependent on the specific circumstances involved, so consult with Attorney Neary at the earliest possible time so he can get the facts and give you his advice on how to proceed.

Illegal Distribution: Not Guilty

Four AIDS activists were charged with the illegal distribution of narcotics. The “necessity” defense was advised through expert testimony. In order to successfully use the necessity defense, the defendant:

Reasonably believes there was a threat that required immediate action
Had no realistic alternative to completing the criminal act
Did not contribute to or cause the threat

Additionally, the harm caused by the defendant’s acts must not be greater than the harm avoided. After making an argument that clean needles saved intravenous drug users’ lives, a Jersey City judge found all defendants “not guilty.” Contact us at (201) 801-4334.

Sexual Assault: Charges Dismissed

A popular high school teacher (and big-time college basketball referee) was charged with aggravated sexual assault against a minor. We challenged the police methods of questioning the child and convinced a judge to suppress the child’s statement as the product of undue suggestion.

Signs of undue suggestion may include:

Isolation from friends or family
Dependency upon the abuser
Financial restrictions
Psychological abuse or threats
Physical violence

The Bergen County Prosecutor was forced to dismiss all charges.

Attempted Murder: Charges Dismissed

An accountant was charged with the attempted murder of his former wife’s lawyer. A six-week trial included:

The testimony of cooperating witnesses, including several lawyers
Several pieces of evidence from varying sources
Intense, often fiery, cross-examination

After a month-long trial, a Monmouth County jury could not reach a verdict. All charges were later dismissed. Contact us at (201) 801-4431.

Theft & Misconduct Charges: Acquittal

A long-time police chief in Central New Jersey was charged with numerous counts of theft and official misconduct by members of his own police force.

Police misconduct may require criminal litigation and can include:

Police brutality
Fraud
Torture to force confessions
Sexual assault or demanding sexual favors for a more lenient investigation

A four-week trial featured the vigorous cross-examination of police department supervisors as they testified against their former chief. In less than an hour, the police chief was acquitted of all charges.

Aggravated Manslaughter: Acquittal

A young mother was charged with multiple crimes of aggravated manslaughter for the Thanksgiving morning deaths of two people on the New Jersey Turnpike. At trial, we challenged both her level of intoxication and the causation of the accident. After a month-long trial, a Bergen County jury acquitted her of both deaths.

Murder Charge: Acquittal

A parolee from the Western United States, along with his brother-in-law, was charged with his own father’s murder in a dark parking lot off Route 80. A four-month jury trial included:

Challenges to cell tower tracking
Cooperating witnesses
Jailhouse tapes

Both defendants were acquitted of the murder by a Bergen County Grand Jury. Contact us at (201) 801-4431.

Drug Charges: Dismissed on Appeal

Defendants were stopped at a DWI roadblock at the George Washington Bridge in Fort Lee and charged with drug offenses. We challenged the roadblock as unconstitutional — an intrusion without probable cause on one of the nation’s busiest crossings.

Constitutional roadblocks may be organized to enforce:

Border security
Drunk driving laws
Specific crime control practices

After five days of testimony, a Bergen County judge ruled that the roadblock was unconstitutional. An appeals court upheld the ruling.

Contempt of Court: Reversed on Appeal

A criminal defense lawyer was brought to a grand jury to reveal a fugitive client’s whereabouts. He refused and was held in contempt.

Other examples of contempt of court include:

Communicating with jurors outside the court
Refusing to present subpoenaed evidence
Refusing to abide by court-ordered sentences, including pay fines

Brian J. Neary appealed the order that the lawyer’s silence was protected by the attorney-client privilege. Both the New Jersey Appellate Division and the New Jersey Supreme Court agreed with Brian J. Neary and the client’s secret was protected.

Federal Fraud: Probation Only

Defendant – along with other individuals and fuel companies – was indicted for fraud and tax evasion in the biofuel industry in the Midwest. The man was sentenced to:

20 years in prison
3 years of supervised release
Restitution of $56 million

It was the largest such case in the Federal Court of Indiana, and the sentencing comes after 3 years of representation and several trips to Indianapolis. Co-defendant’s received sentences of 10 years or more. Our client received probation. Contact us at (201) 801-4334.

Ethics Charges: Avoided Disbarment

Veteran criminal lawyer – with a reputation as a firebrand as a trial attorney was charged with numerous ethics violations, including racial comments to a judge. By the New Jersey Office of Attorney Ethics, a full hearing was conducted – including the judge and 12 others as witnesses. The verdicts? An admonition – despite the real possibility of disbarment. Contact us at (201) 801-4455.

Weapons Charges: Reduced Sentence

The defendant was indicted for firearms possession – including a discharge of a gun. In the New Jersey State Superior Court, such offenses have mandatory jail sentences of 5 years. We negotiated a plea to waive the mandatory sentence and argued to the judge for a probationary sentence. The judge – in a rare decision – gave Defendant probation and only 15 days.

In New Jersey, individuals arrested under the suspicion of illegally possessing a firearm could face:

A second-degree felony with a sentence of 5-10 years in prison
A third-degree felony, punishable by 3-5 years in prison
A fourth-degree felony with up to 18 months in prison

Federal Extortion: No Charges Brought

A member of the New Jersey Governor’s cabinet became the focus of a federal investigation based on a local mayor’s charge of extortion. We fully investigated the charges and cooperated with the United States Attorney’s Office. Amid the indictments against the “Bridgegate” defendants, our client’s investigation was formally cleared with no charges. Contact us at (201) 801-4455.

Federal Health Care Fraud – Probation

A health care consultant was charged with federal fraud by the Veterans’ Administration. We engaged in long negotiations and sentence advocacy. Despite a high Guideline sentence recommendation, the Defendant received probation in the United States District Court in New Jersey.