Armed Robber Seeks Post-Conviction Relief
- November 24, 2014
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Jeffrey Toth was indicted for the armed robberies of a 7-11 and Quick Chek in Woodbridge, NJ and pled guilty to two counts of first-degree armed robbery. At 7-11, Toth was said by a clerk to have a knife and the Quick Chek clerk claimed Toth used a screwdriver as a weapon. Toth was later identified as the robber after bragging to others about robbing the stores. In State v.Toth, the Defendant pled guilty in exchange for a maximum sentence of 15-years imprisonment and dismissal of the remaining counts of the indictment. He was sentenced to 10-years in prison, the minimum for first-degree armed robbery, with an eighty-five percent parole disqualifier under the No Early Release Act (NERA)(N.J.S.A. 2C:43-7.2). Years later Toth sought post-conviction relief (PCR)claiming his attorney failed to argue certain mitigating factors at sentencing but was denied without an evidentiary hearing finding Toth’s counsel had made such arguments. He appealed and the NJ Appellate Division reversed and remanded the decision for review under State v. Parker, 212 N.J. 269 (2012) including either oral argument regarding his PCR petition or give adequate explanation as to why oral argument will not be held. First-degree armed robbery is a very serious charge that carries substantial penalties including up to 20 years in prison for each charge. If you have been charged with armed robbery it is critical you obtain experienced criminal defense counsel to defend you and protect your rights. For more information regarding robbery, theft, weapons, distribution and other serious crimes in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.