Michael A. Smolensky
Law Office of Michael A. Smolensky LLC
Known primarily for criminal defense, the Law Office of Michael A. Smolensky LLC handles cases involving indictable crimes, petty offenses, juvenile delinquency, and domestic violence. The law firm also represents clients charged with motor vehicle violations which includes, among other things, Drunk Driving, Refusal to Submit to Breath Test, Driving While Suspended, and Liability Insurance Violations. In this capacity, Mr. Smolensky represents clients at all stages of the trial court experience. This includes but is not limited to pretrial intervention, recovery court (formerly known as drug court), conditional dismissal, conditional discharge, interrogations, investigations, bail motions, trials, sentencings and other hearings.
Mr. Smolensky's commitment to representing accused persons has led to some phenomenal results. These include indictment dismissals for a fraudulent credit card use charge and a cocaine conspiracy charge, successful motion practice in a case in involving the distribution of drugs, dismissals or downgrades involving DWI, and acquittals at trial.
In addition to this, Mr. Smolensky volunteered as court-appointed pro bono legal guardian from 2015–2019. Furthermore, he was invited to educate federal Special Agents at N.B.I.B. about criminal law and court rules in March 2017. Moreover, Mr. Smolensky has dedicated his time to strengthening the community through civic service through his involvement in Kiwanis, the Sons of the American Legion, and the Veterans of Foreign Wars Auxiliary.
- Criminal Law
- Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- DUI & DWI
- Traffic Tickets
- Suspended License
- Municipal Law
- Juvenile Law
- Animal & Dog Law
- Domestic Violence
- Domestic Violence Criminal Defense, Domestic Violence Restraining Orders, Victims Rights
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Wills
- Zoom
- Credit Cards Accepted
- New Jersey
- New Jersey Courts
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- English: Spoken, Written
- Spanish: Spoken, Written
- Owner
- Law Office of Michael A. Smolensky LLC
- - Current
- New Jersey Criminal, Juvenile, Intoxicated/Drunk Driving, and Municipal Court Defense Attorney
- Rutgers School of Law-Camden
- J.D. (2008)
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- Honors: Dean’s List, Spring 2008; Best Oralist, Moot Court 2006
- Activities: Rutgers Law Journal, Staff Member
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- Simmons College
- M.S. (1999) | Education
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- Tufts University
- B.A. (1994) | Double Major: History and Spanish
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- Activities: Leonard Carmichael Society; AIESEC
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- New Jersey Rising Stars
- Super Lawyers
- New Jersey Rising Stars
- Super Lawyers
- New Jersey Rising Stars
- Super Lawyers
- New Jersey Rising Stars
- Super Lawyers
- Burlington County Bar Association
- Member
- - Current
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- New Jersey State Bar Association
- Member
- - Current
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- Gloucester County Bar Association
- Member
- - Current
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- State Bar of New Jersey
- Attorney at Law of New Jersey
- - Current
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- Case Comment, 38 RUTGERS L.J. 1485, 1485–1507 (2007)
- Rutgers Law Journal
- Benchmarks Civics Project, Gloucester County Institute of Technology (GCIT)
- New Jersey State Bar Association
- To promote a better public understanding of civics and the essential role courts play in a vibrant democracy, the NJSBA and NJ Judiciary developed the Benchmarks Civics Project. The project informs the public about how courts work; what it means to be a citizen; and the importance of an independent, fair and impartial justice system.
- Q. If I am riding my motorcycle and someone tries to take my keys by force, am I allowed to use force to defend myself?
- A: New Jersey law recognizes defense of oneself as justification for conduct that would otherwise be considered criminal. One thing that many people seemingly fail to realize, however, is self-defense is not self-executing. This means that a person can be charged, for example, with assault even if he believed he acted to protect himself from harm. Evidence must be developed to support this justification for it to have merit in court. An attorney who understands criminal law will be able to assist with this.
- Q. What does the word operate mean in statue 39:4-50?
- A: Although this offense is referred to as "Driving While Intoxicated," the case law on the DWI statute's "operation" element is much broader than the common understanding of the word "driving." This charge is not categorically indefensible, but it is considerable challenge for a defendant who does not know the intricacies of the law. Get a lawyer who actually knows this area of the law for a fighting chance in court.
- Q. How do you know if a ticket has points? Also what do you do if the officer doesn’t tell you the ticket has points.
- A: There are two point systems. One system applies to the Motor Vehicle Commission, and the other applies to Insurance Eligibility. Accumulating points with the Motor Vehicle Commission can result in surcharges and license suspensions. Additionally, the look back period for the MVC is three years. As to the insurance companies, the accumulation of points can result in more expensive, less comprehensive policies. The point value for motor vehicle tickets are published in the New Jersey Administrative Code.
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