Michael Ascher is considered to be one of New Jersey’s preeminent criminal law attorneys and has practiced as a criminal lawyer for more than 40 years. His established excellence in this arena results from his extensive courtroom and appellate experience. Described by colleagues and adversaries as focused, aggressive, and well prepared, Michael has a proven track record of successfully advocating on behalf of his clients across a wide range of criminal and complex civil matters. His cases include sex offenses, drugs, white collar crimes, computer crime, conspiracy, fraud, theft, drunk driving, and motor vehicle cases. He began his career as Deputy Attorney General and an assistant Passaic County Prosecutor. That experience allows him to see him to see both sides of a criminal matter and provide a unique perspective to crafting a solid defense for his current clients.
Michael was drawn to criminal law by a desire to protect the rights of people accused of crimes against the power of the state. He has been involved in significant cases on both the trial and appellate level, successfully arguing before the New Jersey Supreme Court in 2007 that the Domestic Violence Act could not be used as a bootstrap mechanism to obtain evidence to sustain the issuance of a criminal search warrant. Notably, he developed the trial argument that led the New Jersey Supreme Court to change the jury instructions in the prosecution of sex crimes involving children. Michael’s experience includes dealing with Child Protective Services involving the New Jersey Department of Child Protection and Permanency (DCPP, formerly DYFS). He appealed a DYFS case which resulted in the modification of the procedure in which the DCPP presents evidence in abuse and neglect cases. Outside of the courtroom, Michael has served on numerous Bar committees and as a Member of the District X Ethics Committee. He is also a frequent lecturer on criminal law, DWI and DCPP matters.
Honors & Accolades
Michael has been recognized by the following:
- “New Jersey Super Lawyer,” Super Lawyers, 2005 – 2019
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- Member, Morris County Criminal Practice Committee
- State v. Dispoto, 189 NJ 108 (2007), successfully argued that the Domestic Violence Act could not be used as a bootstrap mechanism by the police to obtain evidence to sustain the issuance of a criminal search warrant.
- State v. P.H. 178 NJ 378 (2004), developed the trial argument that led the New Jersey Supreme Court to change the manner in which juries are instructed in the prosecution of sex crimes involving children.
- NJDYFS v. S.S., 372 NJ Super 13 (App. Div. 2004), won a five-year legal battle before the New Jersey Supreme Court obtaining an important appellate decision in a child abuse and neglect case, while advocating for the right of an abused wife whose name was wrongfully placed in the DYFS Central Registry.
- Sex Abuse Accommodation Syndrome Declared Unscientific And Inadmissible
- Impact Of DCP&P Investigatory Findings And The Danger Of Their Future Use
- New Jersey Bail Reform: Will It Work?
- Parental Liability For Underage Drinking: Parents Who Host Lose The Most
- License, Registration, Insurance: Don’t Drive Off Without Them
- Vacating Restraining Orders
- Criminal Law Partner Discusses “In Plain View Search And Seizure” In State v. Gonzales
- Rahami Legal Limbo
- Parental Liability For Underage Drinking
- Drivers Can Be Jailed If Your Passengers Don’t Wear Seat Belts
- What Happens Between Spouses, Stays Between Spouses – Even If It’s A Crime
- My Son Was Arrested For Having Fireworks; Will He Go To Jail?
- I Got A Careless Driving Ticket For Passing On The Wrong Side; What Do I Do?
- I Got A DUI In Florida; Will It Affect Me In New Jersey?
- Yes, In NJ Your Cell Phone Location Is Protected
- Child Sex Abuse Case
- Court Holds Alcotest Breath Testing Device Is Reliable
- The Do’s And Don’ts Of A DWI Case
- Beware Of The DYFS Case
- Confronting A False Accusation Of Sex Assault That Could Ruin Your Life
- Dui/Dwi Holiday Checkpoints – An Important Reminder
- We Were Falsely Accused Of Child Neglect; What Are Our Rights?
- What Do I Do If My Ex-Neighbor Is Still Harassing Mme?
- My Child Was Taken Away Because Of A False Accusation. What Can An Attorney Do?
- Do I Have To Let The DCCP (DYFS) Case Worker Into My House?
- My Son Threw A Party And Was Arrested Because There Was Underage Drinking?
- I Was Arrested For A Bar Fight, But The Day After It Happened. Why & What Should I Do?
- How do I get information from DYFS?
- My neighbor falsely reported me to DYFS. What can I do?
- What should I do if I get pulled over at a Holiday DUI checkpoint?
- Can I Get Restraining Order Although Abuse Occured In Past?
- Being The “Cool Parent” Isn’t So Cool
- The Breathalyzer Says I Wasn’t Drunk, But I Was Arrested Anyway!?
- DUI Or DWI? What’s The Difference
- The DYFS Mine Field
- Your Child Is In Trouble? Call An Attorney First – Respond To Authorities Later: How The Juvenile Justice System Works In New Jersey
Settlements & Verdicts
- Twenty Einhorn Barbarito Attorneys Named To 2019 New Jersey Super Lawyers And Rising Stars List
- Patricia Barbarito, Esq. Receives Women Worth Watching Award from Profiles in Diversity Journal
- 20 Einhorn Barbarito Attorneys Named To 2018 New Jersey Super Lawyers And Rising Stars Lists
- 19 Attorneys Selected To The New Jersey Super Lawyers And New Jersey Super Lawyers Rising Stars Lists
- Fifteen Einhorn Barbarito Attorneys Named To 2016 New Jersey Super Lawyers And Rising Stars List
- Michael R. Ascher, Esq Published in New Jersey Family Lawyer Magazine
- NJ Super Lawyers® Magazine Includes 13 Einhorn Barbarito Attorneys On Their 2014 Lists
- Michael R. Ascher To Present On Two Panels At NJ Association For Justice Convention