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Former State Prosecutor and Criminal Trial Attorney

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 35 years

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John W. Tumelty Criminal Defense Success Stories:

“Not Guilty” Verdicts or Dismissal of Charges

1. STATE v. HENDRICKS – NEW JERSEY MURDER TRIAL – “NOT GUILTY” VERDICT.
Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The client faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the client was found “not guilty” of all charges.

2. STATE v. COOPER – JURY RETURNS “NOT GUILTY” VERDICT IN NJ MURDER TRIAL.
Mr. Tumelty defended Seth Cooper in a high-profile murder trial. The client had been accused of shooting and killing John Cavicchio. Prosecutors alleged that the death resulted from a disagreement between the client and a third party. During a jury trial in Cape May County Superior Court, Mr. Tumelty successfully argued that his client acted in self-defense. At the conclusion of the four-week-long trial, the jury found the client “not guilty” of murder and aggravated manslaughter.

3. STATE v. DR. COSTINO – JURY FOUND NJ DOCTOR “NOT GUILTY” OF ILLEGAL PRESCRIPTION DRUG DISTRIBUTION AND HEALTH CARE FRAUD.
Mr. Tumelty represented Dr. Costino, a local physician, in a high-profile drug distribution and health care fraud trial. The client ran a medical office in North Wildwood. The DEA and the Cape May County prosecutor sent undercover agents pretending to be exotic dancers into the client’s office and induced the client to write prescriptions for Percocet. During a four-week trial in Cape May County Superior Court, Mr. Tumelty attacked the legality of the undercover investigation. At the conclusion of the trial, the jury found the client “not guilty” of all 16 counts in the indictment. Thanks to Mr. Tumelty’s efforts, the client was able to avoid a felony record and remains eligible to have his medical license reinstated.

4. STATE v. J.G. (Indictment #17-03-689)- JURY FOUND CAPE MAY COUNTY SHERIFF’S OFFICER “NOT GUILTY” OF SEXUAL ASSAULT.
Mr. Tumelty successfully represented J.G., who is a Cape May County Sheriff’s Officer charged with second-degree sexual assault. Mr. Tumelty successfully argued that the client engaged in consensual activity with the accuser. At the conclusion of a two-week jury trial in Atlantic County Superior Court a jury found the client “not guilty” of all charges.

5. STATE v. ROBINSON – CUMBERLAND COUNTY MURDER TRIAL (DECEMBER, 2017) – “NOT GUILTY” VERDICT.
Mr. Tumelty represented Octavian Robinson who was charged with first-degree murder in a shooting that occurred in Cumberland County. The client faced life in state prison with no parole if convicted of the murder charge. After a three week trial, a jury found the client “not guilty” of murder and “not guilty” of aggravated manslaughter. The client was found guilty of a less serious charge of reckless manslaughter. The client will be released from jail after serving a sentence for reckless manslaughter.

6. STATE v. WEYANT – JURY FOUND NEW JERSEY MAN “NOT GUILTY” OF AGGRAVATED SEXUAL ASSAULT.
Mr. Tumelty successfully represented Wildwood, NJ resident Daniel Weyant, who faced charges of aggravated sexual assault, sexual assault, aggravated sexual contact, and endangering the welfare of a child. At the conclusion of a trial that lasted more than two weeks in Cape May County Superior Court, the jury found the client “not guilty” of all charges.

7. STATE v. MILLER – JURY FOUND NEW JERSEY MAN “NOT GUILTY” OF DRUG DISTRIBUTION & HANDGUN OFFENSES.
Mr. Tumelty represented Marcelles Miller in a drug distribution and weapons possession case. The client was stopped by police while driving his car. The police searched the vehicle and found a handgun in the front seat, as well as a significant amount of cocaine in the console area. As a result, the defendant was charged with possession of cocaine with intent to distribute and unlawful possession of a handgun. During a jury trial in Atlantic County Superior Court, Mr. Tumelty successfully argued that neither the gun nor the drugs belonged to the client. At the conclusion of the trial, the jury found the client “not guilty” of all drug offenses and “not guilty” of illegal possession of a firearm while involved in drug distribution.

8. STATE v. SMITH – JURY RETURNS “NOT GUILTY” VERDICT IN NJ DRUG DISTRIBUTION TRIAL.
Mr. Tumelty successfully defended Wesley Smith against charges of possession of drugs and intent to distribute drugs. During the trial in Atlantic County Superior Court, Mr. Tumelty argued to the jury that the police officers misidentified the client as the drug dealer involved in the case. As a result of Mr. Tumelty’s efforts, the client was found “not guilty” of all charges.

9. STATE v. STAGGERS – “NOT GUILTY” VERDICT IN NEW JERSEY DRUG DISTRIBUTION TRIAL.
Mr. Tumelty defended David Staggers against charges of selling drugs to an undercover police officer. During a one-week jury trial in Cape May County Superior Court, Mr. Tumelty successfully argued that the client did not actually sell the drugs to the undercover officer. At the conclusion of the trial, the jury found the client “not guilty” of all charges.

10. STATE v. MASEJAK – JURY RETURNS “NOT GUILTY” VERDICT IN NEW JERSEY BRIBERY TRIAL.
Mr. Tumelty represented a client accused of selling jobs at a casino hotel. During the high-profile jury trial in Atlantic County Superior Court, Mr. Tumelty successfully argued on behalf of his client. The jury ultimately found the client “not guilty” of commercial bribery.

11. STATE v. LINDHOLM – DEFENDANT IN NJ THEFT & CRIMINAL MISCHIEF CASE FOUND “NOT GUILTY.”
Mr. Tumelty represented a Middle Township, NJ construction contractor who was accused of theft and criminal mischief. At the conclusion of a trial that lasted several days, the client was found “not guilty” of all charges.

12. STATE v. COSTINO – DOCTOR ACQUITTED OF CRIMINAL CONTEMPT CHARGES.
This was the second time that Mr. Tumelty represented Dr. Costino, the North Wildwood, NJ physician who had previously been charged with illegal prescription drug distribution. In fact, the Cape May County Prosecutor’s Office indicted the defendant six different times in the past year. Each time, Mr. Tumelty successfully argued on the client’s behalf and got the client exonerated of all charges. Most recently, the client was charged with criminal contempt for allegedly violating a court order. Thanks to Mr. Tumelty’s vigorous representation and strong arguments during trial in Cape May County Superior Court, the jury returned a verdict of “not guilty.”

13. STATE v. OLUSEGUN – “NOT GUILTY” VERDICT IN NEW JERSEY ASSAULT TRIAL.
Mr. Tumelty represented a security officer at the 40/40 Club who had been involved in an altercation with two patrons. The defendant was charged with robbery and assault in Atlantic City. Mr. Tumelty got to work right away, getting the robbery charge dismissed. Then, Mr. Tumelty successfully represented the client at trial and secured a “not guilty” verdict on the assault charge.

14. STATE v. CONSIGLIO – NJ ASSAULT TRIAL RESULTS IN “NOT GUILTY” VERDICT.
Mr. Tumelty successfully defended a client who was charged with assaulting a casino patron in Atlantic City. Mr. Tumelty was able to help the client avoid prison and keep his permanent record clear of a criminal conviction.

15. STATE v. KOLIMAGA – “NOT GUILTY” VERDICT IN NJ DOMESTIC VIOLENCE TRIAL.
Mr. Tumelty’s client was charged with domestic violence, assault and harassment in Cape May County. The case went to trial, and Mr. Tumelty was able to secure a “not guilty” verdict on the domestic violence charge.

16. STATE v. BLOOM – NEW JERSEY DOMESTIC VIOLENCE TRIAL – “NOT GUILTY” VERDICT.
Mr. Tumelty represented a client who was charged with domestic violence, assault and harassment in Cape May County. At trial, Mr. Tumelty assailed the credibility of the State’s witnesses. Thanks to Mr. Tumelty’s efforts, the client was found “not guilty” of domestic violence.

17. STATE v. MCINTYRE – “NOT GUILTY” VERDICT IN NEW JERSEY DOMESTIC VIOLENCE TRIAL.
Mr. Tumelty successfully defended a client who was charged with domestic violence based on assault and harassment in Cape May County. The case went to trial, and Mr. Tumelty was able to secure a “not guilty” verdict on the domestic violence charge.

18 STATE v. H.W. – NJ DOMESTIC VIOLENCE CHARGES – “NOT GUILTY” VERDICT.
Mr. Tumelty’s client was charged with domestic violence, including burglary, harassment and assault. The case went to trial in Cape May County Superior Court, and Mr. Tumelty helped secure a “not guilty” verdict on the domestic violence charges.

19. STATE v. VOLPE – “HUNG JURY” IN NJ AGGRAVATED ASSAULT ON POLICE TRIAL.
Mr. Tumelty’s client and the client’s fiancée were charged with aggravated assault on police officers and eluding the police. The charges stemmed from a high-speed chase through the City of Margate, NJ. The case went to trial, with Mr. Tumelty’s client facing up to 20 years in NJ State Prison. At the conclusion of the four-week-long trial, the jury was unable to reach a unanimous verdict. The result was a “hung jury.” Since the State had failed to prove its case at trial, Mr. Tumelty’s client ended up getting a very lenient plea bargain.

20 STATE v. A.G. – “NOT GUILTY” VERDICT SECURED IN NEW JERSEY PROSTITUTION TRIAL.
Mr. Tumelty’s client was charged with soliciting a prostitute in Atlantic City. It turned out that the prostitute was actually an undercover police officer. At trial, Mr. Tumelty assailed the officer’s credibility. As a result, Mr. Tumelty’s client was found “not guilty” of solicitation. Thanks to Mr. Tumelty’s efforts, the client avoided jail, kept his permanent record clear of a criminal conviction and was able to maintain his job as a teacher.

21. STATE v. M.S. – “NOT GUILTY” VERDICT IN NJ PROSTITUTION TRIAL.
Mr. Tumelty represented a young woman who had been charged with prostitution in Atlantic City, NJ. At trial, Mr. Tumelty highlighted the State’s lack of evidence and secured a “not guilty” verdict for the client.

22. STATE v. E.S. (Case #003163) – CLIENT FOUND “NOT GUILTY” OF SOLCITIATION.
Mr. Tumelty’s client was accused of soliciting a prostitute in Atlantic City, NJ. Due to a lack of evidence, the client was found “not guilty” on the solicitation charge.

23. STATE v. GEORGINIS – “NOT GUILTY” VERDICT IN BURGLARY TRIAL.
Mr. Tumelty’s client was accused of breaking into a condominium unit in North Wildwood, NJ. The client went to trial in Cape May County, where he faced charges of burglary, defiant trespass and criminal mischief. Mr. Tumelty was able to secure a “not guilty” verdict for the client. As a result, the client stayed out of jail and avoided a criminal record.

24. STATE v. J.T. (Docket #FV-01-0001452-13) – JURY RETURNS “NOT GUILTY” VERDICT IN NJ DOMESTIC ASSAULT TRIAL.
Mr. Tumelty’s client was a casino executive who had been charged with domestic violence assault against a family member in Atlantic City. At the conclusion of the trial in Atlantic County Superior Court, the jury returned a verdict of “not guilty.” As a result, Mr. Tumelty’s client was able to stay out of jail and he avoided a final restraining order (FRO).

25. STATE v. B.B. (Case #12-003243) – NO JAIL FOR CLIENT IN NJ POSSESSION OF HANDGUN CASE.
Mr. Tumelty’s client was accused of carrying a handgun in an Atlantic City casino without a valid permit. Since this was a Graves Act offense, the client faced mandatory state prison time. However, thanks to Mr. Tumelty’s efforts, the client instead received a probationary sentence with no prison sentence.

26. STATE v. S.D. (Case #10-08-00597) – FELONY ARSON CHARGES DISMISSED (PTI PROGRAM).
Mr. Tumelty successfully represented a 20-year-old college student who had been charged with felony arson for setting multiple lifeguard boats on fire in Ocean City. Mr. Tumelty helped the client avoid a felony record by negotiating a dismissal of the charges. Instead of going to jail, the client was admitted into the Cape May County Pre-Trial Intervention (PTI) program.

27. STATE v. A.S. (Case #12000574) – DRUG DISTRIBUTION CHARGES AGAINST NURSE PRACTITIONER DISMISSED (ENTRY INTO PTI PROGRAM).
Mr. Tumelty successfully represented a nurse practitioner who had been accused of writing illegal prescriptions for narcotics in Cape May County. Mr. Tumelty got the client admitted into the county’s Pre-Trial Intervention (PTI) program, resulting in the dismissal of all charges. As a result, the client avoided a felony record and was able to keep her nursing license.

28. STATE v. J.S. (Case #12-05-1259-B) – NJ ROBBERY & AGGRAVATED ASSAULT INDICTMENT DISMISSED.
Mr. Tumelty’s client was indicted by an Atlantic County grand jury on charges of first degree robbery and second degree aggravated assault stemming from a prostitution encounter. Prior to trial, Mr. Tumelty filed a motion to dismiss the indictment based on inaccurate police testimony and prosecutorial misconduct. The court agreed with Mr. Tumelty and concluded that the State had presented inaccurate information to the grand jury. As a result, the entire indictment was dismissed and Mr. Tumelty’s client was able to avoid prison.

29. STATE v. HAAS – 124 COUNTS OF HEALTH CARE FRAUD AGAINST LOCAL NURSE – INDICTMENT DISMISSED.
Mr. Tumelty represented a registered nurse in a high-profile case in Cape May County Superior Court. The nurse had been charged with 124 counts of felony health care claims fraud. Prior to trial, Mr. Tumelty filed a motion to dismiss the charges based upon prosecutorial misconduct. The judge granted the motion, resulting in the dismissal of the entire 124-count indictment.

30. STATE v. HAAS (SECOND CASE) – SECOND INDICTMENT AGAINST LOCAL NURSE DISMISSED – HEALTH CARE CLAIMS FRAUD CHARGES.
The health care claims fraud case against the nurse was re-presented to a Cape May County Grand Jury. Mr. Tumelty filed another motion to dismiss the indictment based upon prosecutorial misconduct. Again, the court granted the defense motion and dismissed the entire indictment.

31. STATE v. CREMINS – DISMISSAL OF NJ AGGRAVATED ASSAULT INDICTMENT.
Mr. Tumelty successfully represented Daniel Cremins, a police officer with the Cape May County Sheriff’s Department who had been indicted for aggravated assault stemming from a bar fight. Mr. Tumelty filed a motion to dismiss the indictment based upon prosecutorial misconduct and insufficient evidence. The judge granted the motion, resulting in the dismissal of the indictment.

32. STATE v. B.B. (Case #S2012-00183) – NEW JERSEY COCAINE CHARGES DISMISSED.
Mr. Tumelty’s client was arrested by Atlantic City police outside the MurMur nightclub in the Borgata Casino. The client was charged with felony cocaine possession. Mr. Tumelty filed a motion to suppress the evidence of drugs because the police conducted an illegal search by looking through his client’s pockets prior to placing him under arrest. The judge granted the motion, resulting in the dismissal of charges. As a result, the client was able to avoid a felony record and maintain his real estate broker’s license.

33. STATE v. PFEIFFER – DISMISSAL OF MANUFACTURING FALSE DRIVER’S LICENSE CHARGES(ENTRY INTO PTI PROGRAM).
Mr. Tumelty’s client was a college student who had been accused of manufacturing fake driver’s licenses in Atlantic County. Mr. Tumelty helped the client avoid jail by securing his admission into the county’s Pre-Trial Intervention (PTI) program. As a result, all of the charges against the client were dismissed and the client was able to avoid a criminal record.

34. STATE v. YOUNG – NEW JERSEY FELONY DRUG CHARGE REDUCED TO DISORDERLY PERSONS OFFENSE.
Mr. Tumelty’s client was charged with possession of cocaine in Cape May County. A police search of the client’s apartment in Ocean City, NJ had turned up evidence of drug possession. Prior to trial, Mr. Tumelty filed a motion to suppress the evidence because the police conducted an unlawful search of the premises. Thanks to Mr. Tumelty’s efforts, the prosecutor ultimately downgraded the felony drug charge to a disorderly persons offense. As a result, the client avoided jail and kept his permanent record clear of a felony drug conviction.

35. STATE v. DIEBERT – NJ DRUG DISTRIBUTION CHARGES DISMISSED.
Mr. Tumelty’s client faced drug distribution and drug possession charges in Cape May County. Mr. Tumelty filed a motion to suppress the evidence. When the judge granted the motion, the charges were dismissed.

36. STATE v. BOTTONE (Case #12-02-00122) – FELONY DRUG POSSESSION INDICTMENT DISMISSED.
Mr. Tumelty represented a client who had been charged with felony drug possession and endangering the welfare of a child. The client was arrested after police executed a search warrant at her home in Middle Township, NJ and found the client’s minor child along with a substantial quantity of drugs. Mr. Tumelty successfully challenged the evidence, resulting in the dismissal of all charges.

37. STATE v. KELLY – NEW JERSEY MARIJUANA CHARGES DISMISSED.
Mr. Tumelty represented a young man who had been charged with possession of marijuana and possession of drug paraphernalia in Sea Isle City, NJ. During trial in Sea Isle City Municipal Court, Mr. Tumelty filed a motion to suppress evidence seized by police officers because the officers searched the defendant’s house without a warrant. Following a full court hearing, the judge determined that the police were not authorized to search the house. As a result, the evidence was suppressed and the charges against the defendant were dismissed.

38. STATE v. CASTILLO – DISMISSAL OF NJ MARIJUANA CHARGES.
Mr. Tumelty represented a client who had been charged with simple possession of marijuana. When Ocean City police officers stopped the client’s vehicle for a traffic violation, they searched the car and found marijuana. Mr. Tumelty successfully challenged the legality of the car search and got the charges dismissed. As a result, the client avoided jail and kept his permanent record clear of a drug conviction.

39. STATE v. SCHUTE – NJ MARIJUANA CHARGES DISMISSED.
Mr. Tumelty defended a school teacher against marijuana charges in Atlantic County. Mr. Tumelty was able to get the evidence suppressed because the prosecution failed to comply with discovery demands. As a result, the teacher avoided a potentially career-ending drug conviction.

40. STATE v. R.G. (Case #000117) – EVIDENCE SUPPRESSED IN NEW JERSEY MARIJUANA CASE.
Mr. Tumelty represented a college student who had been charged with simple possession of less than 50 grams of marijuana. During trial in Linwood Municipal Court, Mr. Tumelty filed a motion to suppress evidence because the police officers unconstitutionally searched the defendant’s car. The judge granted the motion and suppressed the evidence. As a result, the defendant was able to stay out of jail and avoid a criminal record.

41. STATE v. A.S. (Case #S266873) – “NOT GUILTY” VERDICT IN NJ MARIJUANA POSSESSION TRIAL.
Mr. Tumelty’s client was charged with possession of a small quantity of marijuana in a motor vehicle. During trial in Cape May City Municipal Court, Mr. Tumelty successfully argued that the client was unaware of the presence of marijuana in the car. The client was ultimately found “not guilty,” allowing him to avoid a criminal record and keep his driver’s license.

42. STATE v. KARZYK – FELONY DRUG CHARGE REDUCED TO DISORDERLY PERSONS OFFENSE.
Mr. Tumelty represented a client who had been charged with felony drug possession after a police officer found drugs in his car. Appearing in Atlantic County Superior Court, Mr. Tumelty successfully challenged the police officer’s right to search the car without a warrant. Thanks to Mr. Tumelty’s efforts, the felony drug charges were ultimately downgraded to a disorderly persons offense. This meant that the client was able to stay out of prison and avoid a felony drug conviction on his permanent record.

43. STATE v. DWORSKY – FELONY DRUG CHARGE REDUCED TO DISORDERLY CONDUCT CHARGE.
Mr. Tumelty’s client had been charged with possession of heroin and possession of Xanax after a police officer searched his vehicle. Thanks to Mr. Tumelty’s vigorous representation and strong negotiation skills, the prosecutor agreed to downgrade the felony drug charges to a disorderly conduct charge. As a result, the client avoided prison and kept his permanent record clear of a felony drug conviction.

44. STATE v. BAKER – “NOT GUILTY” VERDICT IN NEW JERSEY UNDERAGE GAMBLING CASE.
Mr. Tumelty represented a client who had been charged with underage gambling in an Atlantic City casino. During trial, Mr. Tumelty successfully challenged the sufficiency of the State’s evidence because the prosecution failed to produce any video evidence. As a result, the charge against the client was dismissed.

45. STATE v. BROWN – “NOT GUILTY” VERDICT IN UNDERAGE GAMBLING TRIAL.
Mr. Tumelty represented a young woman who had been accused of underage gambling at the Borgata Casino in Atlantic City. During trial, the State was unable to authenticate a photocopy of her driver’s license. This meant that the State could not prove the client’s age. As a result, the client was found “not guilty” of underage gambling and was able to avoid a criminal record.

46. STATE v. J.Q. (Case #000227) – NJ UNDERAGE GAMBLING OFFENSE – “NOT GUILTY” VERDICT.
Mr. Tumelty successfully represented a client who had been charged with underage gambling for allegedly playing a slot machine on the casino floor in Atlantic City, NJ. At trial, Mr. Tumelty argued that the evidence was insufficient to prove the identity of his client as the person who had played the slot machine. The client was found “not guilty,” allowing him to avoid a criminal record.

47. STATE v. O’NEILL – NJ SHOPLIFTING CHARGE DISMISSED.
Mr. Tumelty’s client was charged with shoplifting from a pharmacy in Atlantic City, NJ. Mr. Tumelty successfully challenged the sufficiency of the State’s proof in the case, resulting in the charges being dismissed.

48. STATE v. M.L. (Case #025558) – NEW JERSEY SIMPLE ASSAULT CHARGE DISMISSED.
Mr. Tumelty successfully defended a client charged with simple assault in Atlantic City, NJ. The client had been involved in a fight at the Harrah’s Pool nightclub. Thanks to Mr. Tumelty’s strong legal skills, the assault charge was dismissed and the client avoided a permanent criminal record.

49. STATE v. S.C. (Case #12-02-00073) – NJ FELONY INSURANCE FRAUD CHARGES DISMISSED (ADMISSION INTO PTI PROGRAM).
Mr. Tumelty’s client had been charged with second degree insurance fraud for submitting false claims to his insurance company regarding a rental property. The client was also charged with obstruction of justice. Mr. Tumelty was able to get all of the charged dismissed by securing his client’s entry into the Cape May County Pre-Trial Intervention (PTI) program. This allowed the client to avoid prison time and keep his record clean of a felony conviction.

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