The Law Office Of Nicholas A. Moschella, Jr.
Serving Our Clients Justice
Point Pleasant’s DWI Attorney
As a former Prosecutor, Mr. Moschella is one of the select attorneys in the State of New Jersey certified in the operability of the breath test machine used in DWI prosecutions throughout the State; the Alcotest 7110. Mr. Moschella was recognized as a Top 40 Attorney under 40 by the National Trial Lawyers Association in 2015; and was thereafter nominated to the Top 10 under 40 the following year. In 2017, he was recognized as a New Jersey Rising Star by Super Lawyers; an honor given to a maximum of 2.5% of attorneys in the State each year.Through years of experience; building invaluable relationships practicing in Ocean, Monmouth, Middlesex and the various surrounding Counties in New Jersey, Mr. Moschella offers a personal, professional and skillful analysis to effectively resolve your matter.
MEET MR. MOSCHELLA
Born in Livingston, NJ, Nicholas A. Moschella Jr. is a near life-long resident of Ocean County with strong ties to both Monmouth and Middlesex Counties through his career as an attorney. Following his graduation from Seton Hall University in South Orange; where Nicholas was a member of the Baseball Team, he attended New York Law School where he received his Juris Doctor Degree. Nicholas then served as Judicial Law Clerk to The Honorable James N. Citta, J.S.C. (Retired) in the Criminal Division of Ocean County Superior Court in Toms River. Following several years of private practice, he thereafter worked as Municipal Prosecutor in 22 towns throughout Ocean and Monmouth Counties.
Super Lawyers | Top 2.5%
State Certified Administrator and Operator of the Alcotest 7110
Have a Question? Give Us a Call for a Free Consultation.
QUESTIONS CONCERNING COVID-19 IMPLICATIONS ON COURT MATTERS
New Policies For Court Appearances – Virtual Representation
Criminal Court Proceedings & Coronavirus Pandemic
Impact of COVID-19
March 27, 2020 - Supreme Court Order Extends COVID-19 - Related Suspensions of Court Proceedings and Other Matters
March 23, 2020 - Supreme Court-Ordered Mediation Yields Agreement on Release of Low-Risk County Jail Inmates
March 15, 2020 - New Jersey Courts Postpone In-Person Proceedings
March 14, 2020 - Chief Justice Rabner Announces Two - Week Suspension of Municipal Court SessionsMarch 12, 2020 - Chief Justice Rabner Suspends New Jury Trials in Response to Coronavirus
March 12, 2020 - Chief Justice Rabner Suspends New Jury Trials in Response to Coronavirus
Q: What are the new policies regarding appearance requirements in New Jersey?
A: The definitive answer will depend on the particular type of matter / charge / proceeding specific to each individual defendant or party to a Restraining Order for example. Some appearances will be required, others can be waived by your Attorney if you are currently represented or seeking representation. Defendants who are incarcerated will be given the opportunity to appear via electronic means through various video conferencing platforms to be used throughout the State.
Q: When do I have to physically appear?
A: The Superior Courts are implementing Video Conferencing for First Appearances, Status Conferences and/or possible Sentencings to Probation or Fines Only. Likewise, Municipal Courts are relaxing the parameters to allow certain case to be resolved wither with an appearance of an Attorney on your behalf in conjunction with a signed Affidavit and payment of fines. Consult with an Attorney or call your current Lawyer before any future scheduled matters to discuss your options and ensure against a bench warrant being issued against you.
Q: I have recently been charged with an offense, when is my next Court Date? What are my options if I already had a scheduled appearance and have not or do not hear back from the Court?
A: Since the first Order of the Supreme Court of New Jersey on March 14, 2020; all in-court proceedings have been adjourned through April 27, 2020. As a result, if your matter was scheduled during that time-frame; you should be receiving a new date either in the mail or if you are already represented, through your Attorney’s Office. If you are unsure of how to proceed, have not received a new Court Date in the mail or have recently been charged with a new offense, contact an Attorney regarding your options to protect yourself from further punishment for Failure to Appear.
The new reality in which has become how we are able to schedule and accommodate previously required in-person appearances has greatly impacted society and as a result, how in-court proceedings throughout the State will now be conducted. The movement to a relaxation on “Plea-by-Affidavits” or “Plea by Mail” in Municipal Court as well as the ability to either have a Defendant’s appearance “waived,” or not physically required; or to allow an Attorney appear virtually on your behalf has already begun and is likely to continue in its application. While the obligation and imperative nature of addressing any pending Criminal Charges, Temporary Restraining Orders and/or Motor Vehicle Violations against you has not changed; the availability of supplementary options with respect to legal representation have now been made possible. Additional issues causing concern due to these vast and unforeseen circumstances include Defendants who are incarcerated, the timing of their matters to be heard by the Superior Court, Impact of the restrictions on movement of prisoners on Sentencing, Probation Reporting and Violation issues as well as general uncertainty in the legal process moving forward. We are available 24 Hours a Day / 7 Days a week to answer any and all questions regarding your existing legal matters with the firm and/or potential need for representation.
Nicholas Moschella has practiced almost exclusively in the areas of DWI, Criminal, Domestic Violence and Municipal Court law throughout his career as a private attorney as well as a Municipal Prosecutor in 22 towns throughout Ocean and Monmouth Counties. As such, Mr. Moschella is State certified in the administration and operability of the Alcotest 7110, as well as trained on the National Highway Traffic Safety Administration Standards regarding the Standard Field Sobriety Tests as they relate to the prosecution of DUI matters.
With over a decade of experience and past employment as an intern with the Ocean County Prosecutor's Office, a Law Clerk with the Superior Court of Ocean County and several firms throughout Ocean, Monmouth and Middlesex Counties, Mr. Moschella has fostered knowledge and familiarity with the Courts through building and maintaining professional, courteous and valued relationships. Towns in which Mr. Moschella was formerly the Prosecutor include Brick Township, Point Pleasant, Toms River, Manchester, Lacey, Stafford Township, Beachwood, Berkeley Township, Holmdel and Brielle.
Mr. Moschella has handled several thousand DUI, Criminal, Municipal, Domestic Violence and related matters; including both Superior and Municipal Court trials as both a private defense attorney and a Municipal Prosecutor. Mr. Moschella has also successfully negotiated and settled numerous Personal Injury and Workers Compensation matters on behalf of his clients in multiple counties throughout the State of New Jersey. Call the Law Offices of Nicholas A. Moschella, Jr., LLC for a free consultation to seek the results you deserve today.