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AVVO Answers

I3 years ago I got charged with possession of a deadly weapon and agg assault against my boyfriend. I believe I was wrongfully charged just of the fact that both statements didn’t match. Now.. Judge sentenced me with 3 years probation. Since then I have got 2 VOPs. If my boyfriend would retract his statements, would my violations and probation be dismissed as well??

Answer: It is unrealistic to help you on the VOP. Whether you concurred with the conviction or not, you have to follow the program. It might be conceivable to win on a movement for post conviction help taking into account new proof. Notwithstanding, that is an irregularity. Maybe that is your case.

I’ve been divorced for two years and am the protected party of an FRO involving my ex-wife. Somehow, she obtained and distributed 6 subpoenas to my employer and a number of financial institutions gathering thousands of pages of private and personal financial information, even my home address which I endeavored to keep private. She had no right to this information and the Judge ordered the return of all documents to me. Separately, the County Prosecutor is going forward with charges of contempt for the FRO. Consequently, I was sent a form asking about restitution. Other than needing to get LifeLock or something like that, I’ve not suffered a financial loss, but it feels like such a gross violation of privacy should warrant some consideration. Is there compensation I should be seeking?

Answer: More data is expected to make that determination. An extraordinary arrangement relies on upon what this other prosecution was that she got this data in was. Also, I am assuming you are spoken to in that matter and that is who you ought to be examining this with.

In criminal court-which is the place the scorn is being taken care of there are no cure past compensation. On the off chance that this were in the witness of a chancery court, for example, Family court-there is more prominent capacity of the court to design a cure. It might be conceivable to bring an activity for harms through an individual security tort.

Recently in INDIA in our state Gujarat Political Riots happened, now i am thinking to send my daughter to USA for her better future rather than INDIA.

So what way we can stay with her legally for her future?

Is there any way we can get legally rights on the base of her citizenships for her future?

Answer: I have changed the practice to Immigration.

Hi, I got arrested for third degree. Case got downgraded to municipal court. Will I face any jail time if it’s my first offense?

Answer: It is useful to comprehend what it is you were accused of. These are certainty sensitive matters, however usually you would not confront correctional facility on a first offense. You do face a criminal record which will influence you whatever is left of your life.

I got charged with 2C:21-1A(3) , 2c:20-4A, and 2c:20-8A by passing two $20 counterfeits on the parkway. What fines am I looking at? I do have a clean record and this is my first offense, should I get a lawyer for this? please help.

Answer: These are acute criminal offenses. You confront protracted imprisonment and a criminal record. You have to hold counsel.

This incident took place over a year and a half ago and I’m just curious about it now. I was charged with a DWI and received a three months suspension and had my reckless driving thrown out. As for the hospital part I happened to crash my car and left the scene. The police later found me and I was taken to the hospital for minor injuries. They took my blood unwilling at the hospital and I never signed the forms for consent for my blood to be taken for the police. I know it’s a little late but i now have almost 15,000 in hospital debt since I didn’t have insurance at the time. Is there anything i can do as for the hospitals part? Also they threw my blood test out as well. If I were to apply for a job do I have to let them know about my bac, do I have to be truthful?

Answer: Had you retained counsel, this is a charge you could have beat. The hospital bills are not identified with any criminal assessment. Whether you have to repot your DWI conviction relies on upon what you are inquired. You should be honest.

My ex-mom was threatening that she gave my license plate number to police and would press stalking charges for driving by her house maybe once or twice in maybe 3-4 months. How serious should I take her threat. I’m pursuing my-ex for swindling money from which is another discussion but curios about the potential stalking charges.

Answer: The best way to win is not to play the diversion. Maintain a strategic distance from these individuals so they don’t have a thought process to record a charge. Regardless of the fact that you win , you will lose.

According to C.2C:43-13.4-5 “If, at the end of the term of the conditional dismissal, the defendant has not been convicted of any subsequent petty disorderly persons offense, disorderly persons offense or crime under any law of the United States, this State or any other state, and has complied with any other terms and conditions imposed by the court, the court may terminate the probation monitoring and dismiss the proceedings against the defendant.”

Since DWI is not a disorderly person offense or “crime”, I read this to mean it would be inapplicable to possibly violating the terms of conditional dismissal. Would you agree? Thanks very much.

Answer: I would not anticipate that a DWI will disregard the CD as, it is an traffic offense and not a criminal offense.

I got caught stealing at the end of may from kohls. the total amount was $232 and i got a civil demand saying i have to pay $150 to kohls. the police said i will get a court date but its been 3 months now and i still didnt get a court letter yet.

Answer: I’m accepting your inquiries are 1. whether to pay the common interest and 2. what to think about the police activity. It doesn’t seem like there was a capture or maybe they did send a court date and for reasons unknown you didn’t get the notification. I would call the court and affirm that you didn’t miss the notification, in which case there would be a warrant. You ought to have gotten a further notice of the warrant, yet in the event that they have the wrong address, that notice would not have been gotten either,

With respect to the common interest, there is a differing qualities of feeling on that. There are worries over paying the demand being a confirmation and there are worries that inability to react can inspire the merchant to seek after charges. At that point there are those more worried with the impact of the Merchants Retail Theft Database.

I am not on the same side of the road nor I am on the opposite side of the road.I am at an intersection. I didn’t pass a school bus sign.
Answer: On highways having double or different roadways isolated by safety islands or physical traffic partition establishments, the driver of a vehicle overwhelming a school transport, which has ceased with the end goal of getting or releasing any kid, might stop such vehicle at the very least 25 feet from such school transport and keep such vehicle stationary until such tyke has entered said transport or has landed and achieved the side of the interstate and until a blazing red light is no more shown by the transport.

I live in Nevada and the case (motion to modify child support) will be heard in Union County New Jersey. Traveling to New Jersey will place a undo hardship on me.

Answer: The answer is presumably not. I have seen courts concur for a party or its lawyer to show up for a hearing. Be that as it may, not for a deliberative hearing and taking of confirmation. A lot of the validity evaluations that are chosen depend on physical components, for example, body language. Regardless, you can contact the court and make a solicitation.

Need to check the Bail out conditions applied by Judge so as to travel outside US or not on cash.

Answer: If you no more have the paperwork, you can contact the court.

For example if someone needs time to hire an attorney in order to discuss their case before entering a plea? Is it possible to request postponement at the first court date without entering a plea right then and there at that time?

Thanks in advance.

Answer: Most judges will simply enter a not guilty plea for your sake. It looks bad to hold off on entering a plea. The NG can be changed to G whenever. A guilty plea closes the case. Whatever else implies you have not pleaded guilty. I would prefer not to plead today implies you have not plead guilty.

Girlfriend was two timing with another guy , ran away with someone to Hawaii while taking thousands of dollars each month for something or the other. I would like to know if there is any chance to recover money from her? For some of the money she said she would return but the total money she took from me be upwards of 50 grand in this year and half.

Answer: It sounds like she was given cash for “companionship” or out of liberality. Unless the cash was taken without consent, then it sounds like a costly lesson.

The officer writing up the report must have had a brain fart because my initials are T.S and he wrote the name D.Bowman was asked the questions on the drinking driver/operator questionnaire and gave the listed answers which were on a separate page. This is the only mention of a D.Bowman in the entire discovery. Is this a crucial mistake in this case?

Answer: It could have been from a former report that he was doing a cut and paste speed duplicate. It could be intriguing on cross.

Question dealing with the 20 minute law from the chun ruling. What if i was observed for about 12 mins by the arresting cop then he excused himself out of the room after the alcotester officer came into the room then the original arresting officer came back after maybe 5 mins and then the alcotester officer left for a minute or two came back and then proceeded to do the BAC test roughly 24 minutes. Does that violate the ruling if it was not consecutive by the same officer or not the officer who was to operate the alcotester?

Answer: These are examinations you ought to be having with insight. The police can tag group the 20 minutes.

My daughter became very emotional during her testimony and I knew that she was losing her train of thought and I asked the judge if I could speak. I just wanted to ask her if I could point out the evidence my daughter had, but the judge just point blank said no when I asked her if I could speak for a moment. Is this standard? She didn’t have an attorney but he did.

Answer: The principles of methodology for a legitimate matter allow just parties, witnesses and their lawyers to address the court.

Will a NJ DUI that is plead to Reckless Driving reveal only the Reckless Driving conviction or will it also show DUI charge? On Criminal background checks, FBI background checks, Motor Vehicle Abstracts?

Answer: There are no plea agreements in DWI cases. Whatever is coming as a conviction would go on your motor vehicle dynamic.

Worried about potential employers knowing about DUI.

<strong>Answer:</strong> Any conviction would go on your motor vehicle conceptual.

I have a FRO that was issued against me in civil court. I know have coming up hearing in criminal court. This is my first offense. What can I expect?

<strong>Answer:</strong> What happened at the FRO listening to may be talked about amid discussions with the prosecutor. Be that as it may, they won’t be considered at trial. The case will remain all alone.

Is it necessary to go to Court or Probation at the end of the 1-year term to have the conviction officially dropped or is it just automatic? Does a notification simply go out during the mail? Any information or insight is appreciated. Thanks in advance.

Answer: The answer will be unacceptable. Be that as it may, there is nothing formal that goes out from the court. Our office keeps up a timetable update and we send a request to the judge with the goal that we have something for our customers. We by then additionally contact the customer for expungement of the arrest.

My wife squeezed harrasment charges against me for grabbing scissors in a debilitating way and no physical mishandle and served a TRO. I abused the TRO. Have 2 court dates. One for the infringement in superior court and another for the harrasment in municipal. What am I taking a gander at here? Since my wife dropped the TRO and we are back together.

Answer: Since your wife dropped the TRO you are confronting the muddled persons offense in municipal court. This would bring about a criminal record and the likelihood of prison time and a fine. Be that as it may, I trust a conviction can be stayed away from if the matter is appropriately taken care of and you are enlisted in an indignation administration program. The more major issue is the hatred charge in Superior Court. Contingent upon how the matter is charged you will be taking a gander at the scattered persons scorn (6 months jail exposure) or a criminal aka felony matter punishable by 18 months.

Your compromise is a positive component. In any case, the charge that you damaged the Judge’s request is not determined by method for the compromise. This is a truthfully delicate issue and will rely on upon the criminal and DV history.

I don’t have every one of the points of interest yet from what he’s letting me know his license is suspended in NJ for 7 months. Will that likewise apply to PA? I’m worried for some reasons … him getting to/from work, our kids, custody, and so forth. Much thanks to you for your data.

Answer: The content underneath is from penn dab. He may be qualified for Accelerated Rehabilitation Program (ARD) on the off chance that it was a first offense.

License Suspensions

Suspensions will be forced as takes after:

  • BAC underneath .10% and unequipped for safe driving: No suspension for first offense if the driver meets certain criteria; 12 month permit suspension for second or ensuing offense.
  • BAC more noteworthy than or equivalent to .10% and under .16%: 12 month license suspension for first and second offense. 18 month suspension for third or ensuing offense.
  • BAC more prominent than or equivalent to .16%: 12 month license suspension for first offense. 18 month suspension for second or resulting offense.
  • Out-of-state DUI convictions: No suspension for first offense; 12 month license suspension for second or consequent offense.

I put a restraining order on my little girl’s dad per judge’s recommendation yet I didn’t generally need it on. Presently I need it evacuated so I can identify with him.

Answer:I accept you are alluding to a last restraining order.
New Jersey courts built up set criteria to figure out if ” good cause ” exists. By fulfilling the accompanying 11 components, you can effectively demonstrate ” good cause ” (see Carafagno v. Carafagno, 672 A. 2d 751):

  • Whether the casualty assented to lift the restraining order
  • Whether the casualty fears the litigant
  • The nature of the relationship between the gatherings today
  • The number of times that the litigant has been sentenced scorn for disregarding the request
  • Whether the litigant has a proceeding with contribution with drug or alcohol abuse
  • Whether the respondent has been included in other violent acts with different persons;
  • Whether the respondent has occupied with directing
  • The age and soundness of the litigant
  • Whether the casualty is acting in compliance with common decency while restricting the litigant’s solicitation;
  • Whether another jurisdiction has entered a restraining order shielding the casualty from the litigant
  • Other components regarded pertinent by the court

I put a controlling request against to my son. The judge request him to pay 200 dollars and go to outrage administration program. He hadn’t arrived that day yet I gave address for sent the letters, the location in NYC and I live NJ , now they sent letters to him to my location yet just they need the 200 hundred dollars , it is no letters about the projects. What would I be able to do he truly require the program. If somebody can assist me I will be thankful

Answer: If your child did not go to the hearing, then it is flawed whether he has been presented with the Order.

I am in NJ, and I was as of late accused of less than 50 grams marijuana ownership. I have done a considerable measure of examination and since I have had no priors by any stretch of the imagination, I am just about ensured an acknowledgment into a PTI program or a CD program. My court date is set for September ninth, and I was thinking about whether I required a lawyer. I am 18. I don’t by and by trust a legal counselor is required. There truly is no protection against it, in light of the fact that I had marijuana on my body when I was sought. On the off chance that I go into a supplication deal, I can ask for both of the two projects. Which would be the better decision for me? Furthermore, if/when I am acknowledged into the PTI or CD project, am I regardless considered “convicted” amid the trial period? On the other hand is nothing on my record unless I botch up again inside of the trial period?

Answer: You are surrendered to entering a system (paying little respect to the lawfulness of the hunt) the length of it stays off your record. That is not a nonsensical thought. I would alert that there may be different contemplations. Frequently the possession accuse happens to a friend charge of possession while working a vehicle and that conveys a 2 year permit suspension. Here and there will be different charges (underage drinking, paraphernalia) and a request of liable on those gives you a record. You can seek after the best and possibly it works out. The more judicious thing to do is measure twice, cut once.

My case was transferred from Municipal court to Superior court and I want to enroll in PTI. Should I wait to enroll at the first appearance or do it before? Are there any consequences of taking PTI?

Answer: The consequences of taking a PTI are that you can lose your opportunity to defend the case. If you violate the terms of the pre-trial intervention program, you will be facing the charges again. It is the prerogative of the prosecutors to accept you in the PTI as it is a prosecutors program. However, it mostly depends on the charges that you are facing and the reason that your case was referred up. If an adjudicated dismissal had been deemed appropriate, your case would have remained in municipal court. It is imperative that you consult with appropriate legal counsel before taking any further steps.

I was caught drinking beer in the parking lot and was given a ticket with a court appearance date. I have a clean prior record. An officer told me I would not get criminal charges if I pay the municipal fine. How should I go about this? What are the penalties I’m looking at right now?

Answer: Currently, I am engaged in trying to re-open the case of someone who pled guilty to an underage drinking charge. That particular criminal offense barred her from student teaching. I advise you to measure twice and cut once. It is of utmost importance that you consult a competent lawyer and clarify that you know the charges that you are pleading to and the potential repercussions that it will have on your record.

My previous employer says that money has been missing over the span of a week. He says that I was the only one with access to register and keys. This is not true! I was not a register person and all the employees had access to keys. How can I defend these allegations? Can I sue? My employer filed a complaint after I filed a labor suit.

Answer: The charges that you are facing result in a criminal conviction. It could be a disorderly person’s offense (6 months in jail) all the way up to a third degree crime punishable by 3-5 years in jail depending on the amount of money or property involved. Additionally, you will also face employment issues when you have a conviction for stealing from work. Considering what is at stake, you should retain a competent lawyer immediately. It is true that you can represent yourself. It is also true that you can operate on yourself but neither are things that would be advisable. You have assumed that your employer has filed the charges, whereas it may be the police that filed the charges against you. Either way, a prosecutor and judge will decide what becomes of you.

I got arrested last Wednesday and I have a court date this Monday. I am only 18 and I just got a job. I can’t afford an attorney. It’s too expensive for me. What should I do?

Answer: You have not clarified what particular charges you are facing. However, whether it’s something serious like murder or something trivial like drug possession, you are facing a criminal record that could impact your current job as well as any future opportunities. So, it is imperative that you seek help from family or friends and hire an attorney to protect your future.

I went to a municipal court today for the first appearance on a third degree offense and I was told that I needed to go to the Superior Court. This is my first time getting arrested. Will I go to jail on a first offense? Can I still file for a public defender? How long will it stay on my record?

Answer: The presumption of incarceration can go either way for a third degree charge. It depends on the facts of your case and what you were charged with. Yes, you can still apply for a public defender and a conviction stays on your criminal record for a minimum of 10 years.

I was charged with harassment and served with a TRO (Temporary Restraining Order). I made the mistake of emailing my wife when the TRO was in place. My wife has since dropped the TRO but I am facing TRO violation charges in Superior court and harassment charges in Municipal court. What would you advise me as far as the consequences are concerned?

Answer: In most New Jersey counties, prosecutors have a strict attitude towards TRO violations even if the TRO is dismissed. It is possible that you may be dealt with leniently in Municipal Court if your wife does not wish to see you prosecuted on the harassment charge. However, it is the prerogative of the prosecutor and judge to make that call and they are certainly not going to make this very easy for you.

I was arrested and charged with loitering at work. I am currently on both State and Federal probation. I need to know about the consequences I am facing if I get convicted. Will I get a fine or will I be incarcerated? Will I be sent to jail until my probation is completed?

Answer: As far as the new charges are concerned, it does not matter whether you are incarcerated or get slapped a fine because if you are convicted, it would be considered a violation of probation and you would go to jail for the remainder of your probation.

I was hit by a DWI driver. How can an attorney help me? What kind of attorney should I be looking for?

Answer: You can contact an attorney that practices criminal law if you were charged with a criminal traffic offense. If you have either property damage or have sustained an injury then you should contact a personal injury attorney. It is always better to have legal representation when involved in these matters.

A Police officer driving in front of me pulled me over because of a cracked window. It is in the bottom center of the front window and goes up 4 inches then turns towards the passenger side for another 5 inches. I had to get my car towed because i refused a search rquest from the police as they claimed to smell marijuana. A few days later, they got a search warrant and found marijuana in my car and charged me.

My car is a cheap old 1989 van and I’m a Hispanic male in an expensive shopping district in Cherry Hill, New Jersey. Were my rights violated? Can I beat these charges?

Answer: The officer had a reasonable suspicion that you were operating your vehicle in dangerous condition; therefore the basis for traffic stop is validated. When the vehicle stopped, they allegedly smelled marijuana and you appropriately declined a search request. At this point, your description begins to head in the wrong direction. Police typically bring out a drug sniffing dog to confirm their suspicions. In the US v. Rodriguez, a recent Supreme court case, it was held that police cannot detain an individual (or their vehicle) for more than a brief time to bring out the drug sniffing dogs. In light of this ruling, the towing of your vehicle may be prohibited. It is imperative that you retain legal counsel and present a motion to suppress evidence based on the improper detention of your vehicle.

The fines are currently in collections.

Answer: Although, I don’t handle bankruptcy cases, I highly doubt that Bankruptcy would work. The court is likely to take the position that you can serve your fines as jail time at $50 per day.

We assumed it was a squatter house. After a little while one of my friends and myself decided to leave. My friend left and I went inside to call out the rest of our companions but the Police walked in. They accused my friends of having taken things and took us into custody without reading us our rights. What can I be charged with considering that I’m a minor?

Answer: Failure to read you your Miranda rights may be irrelevant depending upon the facts of the case. It is possible that you could be charged with trespassing, burglary and robbery as well disorderly person’s offenses and violation of town ordinances. Do not speak with the police in the absence of legal counsel. It is imperative to retain a lawyer as soon as you’re charged.

I was arrested on charges of domestic violence. A temporary restraining order was served and my visitation rights have been suspended pending the court date.. How will this affect my visitation rights?

Answer: It is absolutely imperative that you thoroughly consult this matter with an experienced attorney. Too much is at stake for you to take this matter lightly. It is too complex for an online recommendation.

According to my knowledge, I am only responsible for paying postage costs?

Answer: The Answer to your question is yes! You are obligated to pay for copying costs.

I was arrested on charges of simple assault and Domestic Violence. I was served with TRO and my parenting time was suspended. Why was it suspended and can it be reinstated?

Answer: Applying for a TRO is a one sided affair. You cannot defend yourself in front of a judge and the credibility of allegations leveled cannot be challenged. However, if the TRO is amended to an FRO the repercussions can be very severe.

Answer: You do not have the authority or the discretion to have the charges dropped. The complainant in a criminal case is the Police and only the prosecutor has the authority dismiss the charges. All you can do is to convey your feelings to the prosecutor. However, it is still advisable for your boyfriend to retain a lawyer.

I need to file a restraining order against my ex. He has threatened me and has physically abused me multiple times during our brief relationship. I even had a miscarriage. He has substance issues as well. Will the judge grant a restraining order or will issues of morality come into play?

Answer: The acts of domestic violence committed by your ex will be taken into consideration by a judge when deciding if you actually require a restraining order for your protection. Any other issues related to morality may be irrelevant. A competent attorney can help prevent questioning on irrelevant topics detrimental to your case and have the judge focus on your domestic violence issues.

I was pulled over and asked to perform field sobriety tests. I was not intoxicated. I passed the one leg stand test but failed the walk and turn test. What is the likelihood of a DUI conviction based off those results?

Answer: The field sobriety tests are not general tests that a person could pass or fail. The results are decided based upon a complete assessment of the scenario involving the traffic stop and the number of decision cues. It is impossible to guess what a judge will decide without seeing videos of the tests being performed.

I have a second DUI in 5 years. Last weekend I blew a .157 and a .162, 3 minutes apart. The report form says Alco-test 71110 MKIII-C NJSP Somerville. A state trooper pulled me over. I really need to be able to drive for work, is there any chance of being allowed to drive to and from work with a DUI although I know it is very unlikely? Can these charges be dismissed somehow?

Answer: Our office is located in Bridgewater and we have successfully resolved many DWI cases in that court. DWI cases are very hard to win but it happens due to the defendant’s inability to pay for an expert defense counsel. Many clients are not willing to spend on litigation and go for the cheaper option. However, when a client makes it clear that they are willing to do whatever it takes for them to win and retain driving privileges, the odds change in their favor.

A competent defense attorney will hire a trooper expert, a medical expert, a podiatrist, an accident reconstruction expert and any other scientific help that may be required to gain an advantage over the prosecution. Municipal prosecutors are often unable to retaliate to such litigation methods and often end up making a mistake that further helps our case. If you are willing to bear the costs, we are willing to put up a winning effort on your behalf.

Answer: The facts are unknown in regards to this particular DUI case. If the BAC readings are somehow suppressed, the state can prosecute using the officers’ observation in this matter.

Answer: If you are looking to pursue this as a class action lawsuit, it is advisable that you retain a competent products liability law firm.

He had my court date postponed but the store is now harassing me. The lawyer isn’t responding to my calls or emails even though I have partly paid his fees. What should I do?

Answer: You should not be overly worried in this regard. The store’s lawyer has probably sent you a civil demand letter which can essentially be classified as a consumer protection scheme/ scam. It is imperative that you follow your lawyer’s advice to the letter in order to achieve a favorable resolution for your case.

Answer: A Bench warrant for marijuana possession cannot legally hinder marriage. However, your fiancé’ can be arrested at any time he comes into contact with the police. It is advisable to retain a criminal defense lawyer and beat the charges prior to getting married.

I was recently arrested for DUI and was taken to the station and required to blow into the Breathalyzer. I blew a .1 .During the required 20 minute observation the officer sat in front of me and filled out questions. During this time another officer came in the room and started a conversation with him. This happened on 2 different occasions during the observation period. I also had signs of slight acid reflux from eating spicy chicken 40 minutes earlier. I did research on cases and found that any interruption during this period requires the officer start another 20 minute count. Does the other officer coming into the room on 2 separate occasions and talking to the officer count as an interruption? If it does can I get the breathalyzer results suppressed due to a failure to restart the count?

Answer: The Breathalyzer Test is a fact sensitive evaluation. However, if the officer testifies that he was able to hear if you burped coughed or regurgitated, then it is a probability that there is no 20 minute violation. The term uninterrupted observation merely denotes that at least one officer was in the room with you for the required 20 minutes.

Can you get a restraining order against someone whom you are not domestically involved with nor in a relationship (past or present) if the person is constantly harassing you and making false police reports?

Answer: As per New Jersey Laws, a domestic violence restraining order is jurisdictionally limited to someone with whom you are involved with on a familial or dating relationship (past or present). This restraining order is not available for a person who does not fit that criteria.

I have been charged with the felony listed above. My charges are in the state of New Jersey. I was not arrested and received several letters in the mail for representation. I don’t know the specifics of the incident but if I had to guess it may have to do with a credit card that was given to me by someone. It’s the only possible thing I could think of. I genuinely believed that this credit card belong to the person in question. The person in question is also not replying to my phone calls. Is there any way to have the charges dropped and if so how probable would that be? I’ve appeared before court for some minor things (hopping the turnstiles in NYC, a petty theft charge when I was 17) and at the worst I’ve been charged with small fines and on one incident community service.

Answer: It is of utmost importance to be vigilant regarding your statements on a public forum! Your statements can be traced back to you and form the basis for a confession or evidence used by the prosecution. It seems that you do not know what the charges are about and it is possible to have the charges dropped. However, that depends upon the evidence the State has against you. DO NOT TALK TO THE POLICE OR THE PROSECUTOR IN THE ABSENCE OF A LAWYER!

You may be scared and hesitant on how to proceed. It is Imperative that you consult with a lawyer in person. A competent criminal defense attorney that practices in your area can be the difference between being indicted or getting a dismissal; between a criminal record and clean record and between incarceration and diversion.

I was arrested for shoplifting (less than $200) and don’t want this to appear in background checks. If it can be downgraded to a municipal ordinance, will it look bad on a background check? To have both an arrest and an ordinance? I know that conditional dismissal is also an option but would one have to plead guilty to the DP in order for it to get dismissed? (A guilty plea is not what I want) In regards to the downgrade if it is granted by the court, an expungement will be made for the arrest and ordinance, but is that really the best downgrade for my case?

Answer: As per State Law, prosecutors can no longer downgrade charges to an ordinance for shoplifting. By evaluating the facts and circumstances involved in your case, it can be judged whether adjudicated dismissal would be the best option for you. However, you are looking at 18 months before you can expunge the arrest whether it is an ordinance or adjudicated dismissal. It is very important to keep this off your record as a theft offense prohibits you from being gainfully employed.

I don’t have a job and I couldn’t pay any of my tickets last summer. They all turned to warrants different municipalities in same county. I lost my driver’s license and even though it’s suspended I still need an ID to get a job or go to school to get some money to pay them off! Do I have a big risk on my hands of being arrested trying to get a state ID at the DMV?

Answer: Yes, there is a risk whenever you encounter the police or your license is checked, the police will see the warrants. Once Police become aware of the pending warrants in your name, they’re obligated to arrest you. This is after the fact advice and the best time to act was before the fines elevated to warrant status. The Courts will typically work with you if there are tough times. I would advise you to call the courts and ask for help in reducing the warrant status. Even if you take care of one warrant and other active warrants remain, the police are still required to arrest you.

The person whose vehicle I damaged agreed to drop the charges if I pay for the damages. But I’m not sure if it is the right thing to do

Answer: It isn’t! The person has no authority to drop the charges against you, only the judge or the prosecutor can do that. It is imperative that you hire an attorney so that restitution or payment for damages is not construed as an admission of guilt,

I know she shouldn’t be driving but she is planning on it anyway. She feels that she is less likely to get pulled over driving my car than driving her own. It is my car and insurance and I am worried that I could get in trouble if she gets caught.

Answer: Don’t even think about it. What you are suggesting is a 4th degree crime punishable with six-months to 18 months potential prison sentence.

I’d also like to ask if anyone knows how a Public Defenders office decides if a person is eligible. Do I have to “show” stuff, like copies of checking/savings account? I ask because I am unemployed. A friend – just over the past year – helped me out with some money. But this is the money I live on. If I say a lesser amount in my account, is someone going to check?

Answer: Yes, It will definitely show up if a back ground check is conducted.

Answer: An attorney vigorously advocates for the best interests of his or her clients. That potentially includes expediting the court process or conversely delaying the court date.

DVRO/FRO was denied in family court. Subsequent charges outside family court were successfully prosecuted in which a no contact order was one outcome.

Answer: The duration of the no-contact order depends on the type or nature of the order. Municipal court judges ordinarily do not have the authority to issue no contact orders. The primary institution for issuing those orders is the family court but if you do have contact with the other party it could result in a harassment claim or other charges. The no contact order may also be a condition of probation and if that is the case it would be a different matter altogether.

I was ordered by a trooper to put my purse on his car and give him my license. When I opened my purse, my medication was in there and he saw it and ordered me to give it to him. I refused until he threatened me. I never knew carrying a legal prescription could be despicably misconstrued. He lied on the discovery as to how he got my medication. Now I am concerned he will not provide the video as it will prove he lied. How can I obtain the video evidence? We think he’ll lie and say “the camera wasn’t running.” Is there some way to prove he lied and won’t provide the video? I know it was on because he kept adjusting it on me. It was a completely false arrest. He put me in the car with no seat belt and sped, scaring me to death. Does “police misconduct” begin here? How can I prove the TRUTH?

Answer: It is highly imperative that you should retain a lawyer at this point as you are facing serious charges. State police vehicles do have video recordings and the officer sounds like he was taking a video of your field sobriety test. The video generally starts when the trooper car turns its overhead lights on. Currently, it may take a long time to get the video from state police. You may have to wait a while before you get your answers.

Can you tell me if I plead guilty on 2nd degree theft charges and help the authorities, will it help me avoid jail time in this Judge’s court?

Answer: The consequences that you are facing are potentially a decade in prison. Incarceration is a strong presumption in this case. It is imperative that you consult with a lawyer that can review the charges you are facing along with your criminal record and properly advise you on how to proceed.

I have 2 DUI’s and my first one was in NJ and the second one was in PA. Currently my license is suspended in PA I have moved back to NJ and was wondering if I pay off the rest of money that I owe for my first DUI in NJ; will i be able to get my license and drive in NJ even though PA has suspended my driving privileges?

Answer: The answer is no! You cannot drive in New Jersey because your suspension in NJ and PA will prevent you from being able to drive in 47 states. In the instance that you are caught driving in New Jersey, you will potentially be charged with an indictable offense.

Based on my research, I am under the understanding a DWI does not get processed as a criminal arrest and processed as a traffic violation. My case is still pending. However, when are the tickets reported to the DMV and when do they show up on the DMV records? A ballpark estimate would be helpful. Does the DMV record include all cases (open and closed) or does it only include closed cases? Any insight would be helpful.

Answer: Nothing appears on a person’s abstract unless they are convicted of a charge.

I have a Temporary restraining order. My ex-boyfriend hit me, grabbed me by the neck and punched me several times. This happened in front of his mother, of course she is going to testify against me. I have no witnesses. But after I got my TRO he is still sending me voice messages and texting me to drop the charges and he offered me money if I drop those charges. Can I use that evidence at the court day to defend myself. What else I can do? Please help.
Thank you.

Answer: If the TRO has been violated, you should immediately contact the police. If you expect your version of events to be contradicted, then you should retain counsel. Private Counsel is your best option. However, if that is not feasible, you should contact the domestic violence team at the court.

Can they call the police and get one or both of the people in trouble?

Answer: The person protected by the restraining order does not have issuing power. That order is the issuing judge’s restraining order and the judge is the only person that can potentially lift the order. If a protected individual consents to a meeting it still is a violation nonetheless.

The dates are wrong, Do I have any legal chance of arguing for a dismissal? What can I legally do?

Answer: The wrong dates have probably been caused by a ministerial error which can be corrected. However pursuant to the specific facts, it raises questions about the credibility / legitimacy of the case. It is a trial issue and there may be other avenues for defending your case. It is imperative that you consult with an experienced DWI lawyer.

The DA in New York said nothing should happen to my driver’s license in New Jersey. But now they took my license for 90 days and I am supposed to start a new job. How can I get my license back sooner than 90 days so I do not lose this job! The New York DA said she will not reduce the charges after I told her what happened to me in New Jersey. I have a clean driving record and nothing like this has ever happened to me. I do not want to lose my home or my Job.

Answer: The primary thing is to retain an attorney in New Jersey and file an appeal against the suspension of your New Jersey Driving Privileges. You need to withdraw your plea in New York and fight the charges in New Jersey. The lawyer from the New York case may be able to help you in this regard. If you did not retain counsel in New York, that will actually make withdrawal of the plea easier to process.

I was pulled over in 2003 for DUI while driving my roommate’s car. I was intoxicated and told the officer I was him instead of my name. I did go to court back then and received a plea deal for all fines. The fines were all paid back in 2010. I now live out of state since 2007 and my mom who lives in New Jersey received a letter today stating that we owe the court $832 for the prohibited act summons.

Can the court still ask for payment even though this fine was paid? We cannot locate the paid receipts. Is there anything I can do to show this was paid? I now have a license in another state since 2010. Why is the court still coming after me for something that happened this long ago?

Answer: In order to solve this issue, irrefutable proof must be shown to court proving that the fines have indeed been paid off.

I was just recently pulled over and arrested for my second DUI in 2 years. I am 25 years old, male. The state trooper who pulled me over claimed that I was driving carelessly which prompted the stop. He claimed to smell alcohol and performed the first sobriety test. This was performed on an incline, not a flat surface, at one point the officer almost stumbled, due to the fact we were on an inclined plane. I was then arrested, brought in, waited for the breathalyzer. I attempted 10 times to blow but being asthmatic – it is hard to blow out for long period of times – 9 attempts did not catch anything, the 10th attempt the results came back as mouth alcohol, but nothing was recorded, 2.5L 5.8s but no results. Then a refusal is given

Answer: This DWI charge can be beaten on these facts. You potentially face a two year loss of license. A DWI charge can be beaten in a variety of ways but we can focus on the problems with the officer’s observation and with the breath test.

Let’s say the officer had probable cause to bring you in for a breath test. Probable cause is very easy to get and suspicion of drinking along with an observation of bloodshot watery eyes and certain other items generally make their way into every officer’s report. As per your facts, it seems that the officer inappropriately charge you with refusal. Detection of mouth alcohol now requires a new 20 minute observation. It simply has not been done. Additionally, a medical expert validating your asthmatic condition can explain the other unsuccessful attempts to blow.

The state may attempt to rely heavily on the officer’s observation. Probable cause may be easier to get but proving the observation is another matter altogether. The officer seems to have performed the field sobriety test contrary to protocol i.e. failing to have them performed on a flat even surface.

You must retain legal counsel to represent you. You should be looking for a DWI lawyer that doesn’t just plead the case out but takes it to trial. If the facts that you’ve stated are validated, it may be possible to convince the prosecutor to dismiss the case but that is somewhat unlikely.

My husband received his Green Card under a 601 Waiver (a miracle). Subsequently, he was arrested 2 more times for DWI (not a criminal offense in New Jersey), and there is still an open warrant for arrest because he didn’t go to court for the last DWI. We may divorce. My question is: if i divorce him (and therefore there is no more hardship to me to substantiate the 601 waiver), will they look into his case further when they see he has checked off the question asking about 601 waiver. And, will they look into his case further and find the two other arrests and the open warrant. Is he doomed whether i stay married or not? Thank you

Answer: Immigration issues are not my area of expertise, so I’ll refrain from commenting on that. However, multiple DWI offenses may potentially cause immigration issues. Do not take it lightly thinking that it’s a mere traffic offense.

‘i was recently charged with a dui but when the cops found me i was pulled over sitting in a car in an empty lot. I had passed out head down on the steering wheel and was sitting in the driver’s seat but I was not driving. What happened was I was at a man’s house that i did not know at all. In fact I had just met him face to face that night although we had talked many times by text phone and dating site. He fixed me two drinks but by the second I started not to feel good so I chose to leave. I do remember leaving the guy’s house but cannot tell you how I ended up parked in the empty lot. what I do kno though is that this man could have raped me if i had stayed

<strong>Answer:</strong> The basic element that the prosecutor has to prove is that you intended to operate the vehicle while intoxicated. It may be a potential defense in that particular issue. You should meet with experienced legal counsel immediately to discuss this matter further. Call my office and we’ll schedule a consultation.

I never had my license and got it suspended for a simple possession. Does the suspension still start after the court date? or Do I have to go obtain a license and then it commences?

<strong>Answer:</strong> A license number will be created for you (even though you don’t have a license) by the MVC. Your driving privileges will be suspended immediately and you won’t be able to get a license until the suspension is in effect. After that, you pay a restoration fee.

Made an illegal U-turn. Officer gives me a field sobriety test and I pass and he lets me back into my car. Backup officer still arrests me. Do I have any options?

Answer: An attorney will need to obtain the audio and video recordings of the SFTS as well as any notes in order to properly advise you. The tapes will be reviewed by the attorney and a strategy will be determined. If the tape supports your recollection, then there potentially will be a valid defense.

DUI, 3 months loss of License

Answer: Your driver’s license could potentially be administratively suspended until the fee is paid. Contact the IDRC immediately and let them know that you cannot pay at the moment and check to see if they will set you up on a payment plan.

I went to court and plead not guilty in 2-3 days after release. Police did not serve me tickets after release from arrest and its about 6 months now. I found out there is arrest warrant. can it be dismissed?

Answer: How did you know to appear in court within two days of your DWI if you were not issued tickets? A warrant for you your arrest was probably issued for not coming back at your next scheduled court date. The need for you to attend court does not depend upon whether you have a defense or not. If the notices have been sent to an address you no longer live at, then you need provide them with a correct address. Ultimately, the court will determine that the address they have is the one you gave to the MVC. You should contact the court and find out what your bail is and then you need to post bail and get a new court date. It is very likely that the next time you get pulled over, the cop will see a warrant and arrest you.

I got a DWI a couple of years ago. Pled not guilty, charges were reduced to 3 months license suspension vs the usual 7 months due to a technicality (cop forgot to read me something when I refused the breathalyzer). Do I need to disclose this information on a job application? Is it considered a crime or criminal offense? It says not to include minor traffic offenses, but DWI is hardly considered a minor offense. Thanks.

Note: This is exactly how the question was asked on the job application form. Note that the previous questions did not inquire about anything motor vehicle related: Have you been convicted of or pled guilty, no contest or nolo contendere to any other crime or criminal offense? Do not include minor traffic offenses, infractions or citations, convictions that were expunged, erased, sealed or annulled by a court, convictions against a person as a juvenile or youthful offender, or a adjudications of delinquency in answering this question. Answering Yes to this question will not necessarily disqualify you from employment; factors such as when the offense occurred, seriousness and nature of the offense, and the relationship between the conviction and the position applied for, will be taken into account.

Answer: DWI is not considered a criminal offense in New Jersey. It is a traffic offense; not a crime.

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