1. Homicide: Defendant was charged with homicide (involuntary manslaughter) where he had shot and killed his brother with a shotgun during a hunting trip. Mr. Haines argued on behalf of the defendant that the conduct was not reckless but merely a tragic accident.  In the middle of the trial, Mr. Haines was able to persuade the Judge and the Prosecutor to allow the  defendant to plead guilty the relatively  minor offense of  Misadventure (accident) While Hunting. The defendant was fined $500. The homicide charges were dismissed.

2. Conspiracy and Fraud:Defendant was charged in Federal Court with Conspiracy by participating in a fraudulent scheme to defraud the Federal government by overcharging the Federal government for rocks placed during the construction of the North Jetty of the Barnegat Inlet.  After a trial in Federal Court in Camden, NJ and upon motion made by Mr. Haines the defendant was granted a dismissal of all charges after the government finished  its case in chief.  The court  found that the governments evidence was insufficient to require the defendant to put on a defense.

3. Fraud and Theft: (White collar)Defendant was charged in a 3 count indictment with participating in a scheme to defraud  3 different landowners who had a fractional interest in various parcels of undeveloped real estate.  After the State introduced all of its evidence, and upon motion made for a judgment of acquittal at the end of the State’s case, the motion was granted and the defendant was, in effect, found not guilty of all charges.

4. Conspiracy, Theft, and Burglary:Defendant was charged with master-minding a burglary in conjunction with several other employees of a retail store.  Defendant fled to California, was apprehended two years later and brought back to New Jersey to be tried.  After a several week trial the defendant was found not guilty by a jury of 12 persons.

5. Homicide, Manslaughter, Death by Auto:Defendant was charged with death by auto (vehicular homicide) after a head-on collision in which the driver of an oncoming vehicle was killed and other passengers were seriously injured. The Prosecution contended that the defendant was driving under the influence of alcohol and introduced evidence of a blood alcohol reading of .16 sometime after the accident. On behalf of the defendant, Mr. Haines introduced countervailing evidence that the blood test results may not have been those of the defendant, and that at least one of the unbiased witnesses at the scene thought the defendant to be perfectly sober.  A jury of 12 persons found the defendant not guilty.

6. Aggravated Sexual Assault:  Defendant was charged with aggravated sexual assault, after he admittedly picked up a girl and took her to his place of business where she claimed that they engaged in non-consensual sexual conduct.  On behalf of the defendant Mr. Haines introduced testimony that the sexual conduct had, in fact, been consensual.  A Jury of 12 persons acquitted the defendant.

7. Conspiracy, Receiving Stolen Goods:Defendant was charged with receiving stolen storage trailers for use in his retail business.  In addition he was charged in a multi count indictment with conspiracy to receive stolen trailers which alleged a conspiracy with six other defendants.  After a four week  jury trial Mr. Haines argued on behalf of the defendant that defendant had no knowledge that the trailers were stolen and at some later date when he discovered that they were, he attempted to divest himself of those trailers that were stolen.  A jury acquitted that defendant on all counts.

8. Possession of Drugs:Defendant was charged with possession of cocaine and marijuana, when the police discovered a substance of cocaine and marijuana in his bedroom after the defendant reported that the house had been broken into by burglars.  Mr. Haines argued on behalf of the defendant that, in fact, the cocaine and marijuana was not his. He presented evidence that the burglars method of operation was to burglarize houses for the purpose of obtaining drug money to purchase cocaine elsewhere. The cocaine found in the defendant's house may have been that of the burglars The defendant was acquitted of all charges.

9. Conspiracy, Possession of Controlled Dangerous Substance with intent to distribute:   Defendant was charged in Federal Court in concert with fifteen other defendants of possessing cocaine and conspiracy to distribute cocaine.  Approximately one half of the defendants pled guilty.  Eight defendants went to trial.  After a trial that lasted ten weeks in the Federal Court in Trenton the defendant represented by Mr. Haines was acquitted of all charges by a 12 person jury.

10. Receiving Stolen Goods, Theft by deception, Conspiracy: Defendant was charged with receiving stolen goods in excess of $75,000, that were being fenced in a retail operation which involved the operation of a gift shop and the sale of antiques.  The defendant was charged with a second degree crime.  A second degree crime is punishable by five to ten years in State prison with a presumptive sentence of seven years.  If the defendant was convicted at trial it is likely that a seven year jail sentence would have been imposed. Mr. Haines made a motion to dismiss the indictment prior to trial arguing that the defense had a right to inspect the allegedly stolen property (which the Prosecutor's office had failed to preserve). Before the motion was decided and based upon the filed briefs the Prosecutor called off the trial and permitted the defendant to plead to a lesser charge. The defendant was required to pay a small fine and received a probationary sentence.

11. Insurance Fraud.  Attorney charged as a defendant: An Attorney was charged as a defendant in a multi count indictment with insurance fraud, conspiracy and theft by deception.  If convicted of insurance fraud, a second degree offence, the attorney would have been required to serve the presumptive sentence of seven years in prison for that offense.  The case against her was brought by virtue of the fact that she had represented a number of clients who were billed for medical exams that were never performed.  The Deputy Attorney General of the State of New Jersey charged her with defrauding Firemen’s Fund Insurance Company for reimbursement for those medical exams that never occurred.  Mr. Haines made a motion backed by an extensive brief, to the Presiding Criminal Judge of Ocean County for dismissal of the indictment on a number of grounds, including the fact that the insurance fraud statute did not apply to this situation. The Judge agreed and the entire indictment was dismissed against her.

12. Possession of Drugs by a Doctor of Chiropractic: A chiropractor was charged with possession of drugs by the Ocean County Narcotics Strike Force which, upon a tip from a purported informant, searched the doctor’s automobile, his home, and his office.  The doctor claimed that those drugs had been planted by a former friend who had an interest in a woman the doctor was dating at the time.  Mr. Haines, in conjunction and with the cooperation of the Ocean County Prosecutor, determined that those drugs had, in fact, been planted in an attempt to frame the doctor. As a consequence, the man who planted those drugs is presently under a nine count indictment alleging various criminal offenses, including possession with intent to distribute a controlled dangerous substance, possession of a weapon while being in possession of a controlled dangerous substance with intent to distribute, and an attempt to enlist the assistance of a police officer to do bodily harm to the doctor.

13. Directed Verdict of Acquittal in 3rd Offense DWI Trial
Not Guilty Finding. This defendant with two prior DWI convictions was facing conviction on a third offense with a mandatory six month jail sentence. The State was prevented from admitting evidence of the blood alcohol reading at the presumptive guilt level by counsel's successful objection to the blood alcohol evidence. Counsel's review of the discovery revealed that the marked numbers on the vials which contained the blood drawn from the defendant when he was arrested were different numbers than those which were identified on the laboratory test results. The case was tried by Steven E. Yost.

14. Directed Verdict of Acquittal in DWI Trial with Job Loss Implications
Not Guilty Finding. This defendant was facing a DWI conviction with loss of his employment as a licensed professional jet pilot. Defense counsel was able to bring out discrepancies in the arresting police officers eyewitness identification of the defendant as the driver, which discrepancies resulted in a directed verdict of acquittal. Defendant's job was saved. The case was tried by Richard S. Haines.

There are those attorneys that are certified as civil attorneys and those that are certified as criminal attorneys.  There are only 54 attorneys out of 79,145 in the State of New Jersey who are certified in both areas of the law.

In order to be certified one must have devoted a substantial amount of time to the trial of important litigated cases in each area of the law.  Thereafter a lawyer just take an examination in each of those areas of the law to prove their competency with respect to their knowledge of both the rules of case and statutory law of the State of New Jersey.  In addition in renewing the certifications one must show to the Board on Trial Certification that one has continued to keep updated on the changes in the law by being involved in continuing education courses for a required number of hours.

The Board on Trial Certification has issued a pamphlet entitled “WHY SHOULD YOU USE A CERTIFIED CIVIL OR CRIMINAL ATTORNEY?”  For reasons why you should use a certified civil or criminal attorney click here.