Law Office of Emery Z. Toth
Municipal Court Practice
As a former Chief Municipal Court Judge in many jurisdictions, Mr. Toth can effectively handle the many areas of Municipal Court violations including DWI, drug charges, criminal assaults and harassments, as well as thefts and other disorderly persons offenses. He also handles all Title 39 motor vehicle offenses, including driving while suspended, no insurance, speeding, reckless and careless driving. He can help you keep your license and lessen the other negative impacts of a motor vehicle violation. Mr. Toth is a past member of the New Jersey State Bar Association Municipal Court practice section. He is a familiar figure defending the rights of clients in all of the Municipal Courts in the State of New Jersey.
About the Firm
Criminal Law
Since leaving the administration court bench, Mr. Toth is now allowed to engage in the practice of criminal law. This includes drug cases, assaults, fraud, and various forms of theft. Mr. Toth also has exceptional knowledge in gun rights law. This would include – denial of NJ fire arms ID cards and forfeit of weapons as the results of domestic violence or other criminal activity.
Family Law
Another specialty offered by our office is in the area of family law. We have handled many complex and simple divorce proceedings. From marital property division to child custody, child support or alimony, we will help you with every aspect of your divorce. We also handle post-divorce modifications and enforcement, domestic violence issues, and restraining orders. Also, we have extensive experience in the evolving law of the unmarried family handled in the Superior Court of New Jersey family part designated with FD docket number. This type of law is becoming more complex and demanding since parties who have children together and are not married and who have ended their relationship have ongoing custody, visitation, paternity and support issues that must be resolved in the family court. In addition, our firm has handled both plaintiff and defendants in domestic violence disputes. This includes prosecuting or defending persons that have Temporary or Final Restraining Orders. Since the law governing domestic violence is complex with severe negative ramifications it is always advisable to have an attorney represent persons involved in domestic violence proceedings under the FV docket designation. It is particularly important for defendants to be represented by an experienced attorney since Final Restraining Orders carry severe penalties, restrictions, and other negative results. Final Restraining Orders once they are issued have no expiration date. A Final Restraining Order once issued by a Judge can be vacated with a motion application to the family court with notice to the victim and then assigned to a plenary hearing before a Judge. A Final Restraining Order can be vacated if the victim subsequently moves for dismissal on his or her own.
Criminal Law
Since leaving the Municipal Court bench, Mr. Toth is now permitted to engage in the practice of criminal law defense in the New Jersey Superior Courts. This includes drug cases, assaults, fraud, and various forms of theft. He has recently been involved with some high profile matters that include aggravated sexual assault and cases subject to the No Early Release Act (NERA) and illegal fire arms possession under the Graves Act.​
Mr. Toth also has exceptional knowledge in gun rights law. The gun rights area of the law would include, denial of New Jersey firearms ID cards and forfeiture of weapons as the result of domestic violence. Also, in this category, would be the application and denial of firearms carrying permits in the State of New Jersey pursuant to 2C:58-4. Mr. Toth is a Patriot Endowment Life Member of the National Rifle Association and was a former NRA pistol and rifle instructor.
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Mr. Toth's 25 years experience as a Municipal Court Judge enhances his ability to understand the criminal judicial system and successfully defend clients who are accused of criminal violations both on the Superior Court and Municipal Court levels.
Commercial Litigation
Our firm has successful represented persons and business entities in jury and non-jury commercial litigations. This includes disputes between business partners, breach of contract actions, civil RICO claims, landlord and tenants, and specific tort claims. Successful commercial litigators need to be able to assess the merits of a dispute and prepare either a prosecution or defense that fits the legal and business needs of the client. We also practice in the Chancery Court which offers equitable remedies to persons when they cannot engage in law division litigation. The Chancery Court includes probate matters specific real estate contract disputes, quiet title actions and foreclosure proceedings. In addition, while all cases must be litigated with an eye toward ultimately trying them, seasoned commercial litigators understand that at all times they must strive to achieve the best possible result at a reasonable cost. Finally, it should be noted and emphasized that we offer free consultations, weekend appointments and a highly competent answering service.