answered on Jul 1, 2022
There is a law that motor vehicles must stop for pedestrians i crosswalks. Bicyclists are required to walk their bicycles across the street in crosswalks. If you are walking your bicycle and see a car that is not going to stop for you, try to take a picture with your cell phone if possible and... Read more »
I have a charge of possession of cp in New Jersey however I am not required to register under Megan’s law. I am currently on probation and my probation officer has to give me a travel permit to be out of the state more then 24 hours. Last time I went to Florida she got a call while I was there... Read more »
answered on May 10, 2020
You should review your judgement of conviction for your case. That would list all the conditions of probation. A probation officer cannot change your sentence. Only a judge can change or add conditions of your sentence or probation and that would have to be done in court with you present.
answered on Jan 30, 2020
It most likely means that the original criminal charge was amended and downgraded to a municipal ordinance.
Garfield NJ. He also used a siblings name at the time of arrest. What is he looking at?
answered on Jan 29, 2020
Possession of heroin is a 3rd degree indictable offense punishable by 3 to 5 years in state prison and a $15,000 fine. However, there are always defenses and motions available, as well as diversionary programs that can lead to dismissal or downgrades.
Also can the cop search my trunk which is considered a lock compartment without a warrant?
answered on Jan 22, 2020
Yes, plain smell is an exception to the search warrant requirement. However, that does not mean that the underlying motor vehicle stop and subsequent search was valid. You should consult with an attorney to discuss the facts of your case and possible motion to suppress.
answered on Jan 6, 2020
You are facing a disorderly persons offense on the criminal complaint. Penalties include a fine up to $1,000, 6 months in jail and 6 months loss of driver’s license. The traffic summons carries a 2 year loss of your license. You should consult with a lawyer to see if you can avoid those penalties.
I am the plaintiff. I have excellent proof. Is there any way I can get prosecutors to change it to Superior Court?
answered on Dec 19, 2019
Prosecutors have the discretion on whether to keep the case in Superior Court, or downgrade it to Municipal Court. You can provide your proof of loss to the prosecutor and request restitution, or you can file a claim in special civil part to recover your damages.
answered on Jul 23, 2019
Handicapped parking is applicable to all parking lots. Moving violations are subject to public roads. Please consult with an attorney to discuss the facts that you are asking about.
Attempting to elude. Police 2nd degree 2c : 29 2b
answered on Jun 25, 2019
Second degree eluding is charged when someone is alleged to have created a risk of death or injuring when fleeing police. Since second degree offenses carry 5-10 years in jail, you should consult with an attorney to go over the facts of your case.
My son dwi last night
answered on Jun 1, 2019
It’s an assault by auto charge, which is a 4th degree offense and up to 18 months in jail, unless it happened during a DWI, in which case it is a third-degree offense, punishable from 3 to 5 years in state prison.
He had multiple charges as a juvenile for carjacking, arm robbery, consp to commit carjacking, burglary, theft and three years ago he was charge Invasion of privacy cyber harassment, he was on probation and he went to a group home for therapy which he completed. When they waived him to the adult... Read more »
answered on May 30, 2019
Someone who is charged with a crime(s) that has a presumption of incarceration or a mandatory minimum period of parole ineligibility must submit compelling reasons in order to considered for PTI.
answered on May 20, 2019
You should make sure it is properly reported to your insurance company, and consult with an attorney. Were there any injuries and/or traffic summons issued?
I am looking for a lawyer .. I am charged with drug paraphernalia of wax paper bags that are used to store heroin .. They did not find any drugs on me
answered on May 5, 2019
Paraphernalia is a disorderly persons offense, and more importantly, in addition to $1,000 fine, you may face a driver’s license suspension. You should consult with an attorney to discuss your options and defenses.
It was more than 120days when it was heard so what can I do about it plus I was giving 6 months in jail. It was heard in different court
answered on Apr 26, 2019
DWIs and refusal cases are very serious and you can lose your license for 7 to 12 months for a first offense. You should consult with an attorney to see if the police followed the requirements in order to administer the Alcotest. Also, an attorney can examine whether the machine was calibrated... Read more »
What other alternatives are there to going to Prison,, if not eligible for the "drug court Program", and do you have to meet a certain criteria for the other alternatives?
answered on Apr 24, 2019
Probation and sometimes special probation may be offered in certain cases. You can appeal your drug court rejection within 14 days. You should review your rejection with an attorney to see if you were legally or clinically rejected. As to the terms of your plea bargain, that depends on a number of... Read more »
Recently had a "suppression hearing", and a officer which was not the arresting officer but the partner-took the stand,and gave faulty testimony,,he gave a totally different account from what he had originally wrote up in his initial report. At the time, I had a ineffective attorney that... Read more »
answered on Apr 24, 2019
Unfortunately, if the motion to suppress was denied, the judge ruled that the evidence seized in your case will be admissible in your trial. Despite the conflicting versions, the judge found the officer credible if he denied your motion. You should consult with a lawyer to review the reports and... Read more »
an officer apprehended me after seeing me conversating with another gentleman.We both were arrested,and upon frisking me the officer confiscated my money,,which was my "s.s.i"benefit funds in which I had just withdrew from an atm. The officer assumed my funds were from drug proceeds,which... Read more »
answered on Apr 24, 2019
Civil forfeiture is separate from the criminal charges. It is handled in a different court, with a different judge and separate forfeiture prosecutor. In order to forfeit property, the government need only show by a preponderance of the evidence that the property was used in a crime.
An attorney who isn't certified in the US district court of NJ filed a complaint .The clerk sent a letter as soon as the complaint was filed saying she isn't certified in the federal court. A subsequent motion was filed by her. How can this continue? So far the motion still has some time... Read more »
answered on Jan 30, 2019
And out of state attorney can file a motion to be admitted to a different jurisdiction if they have a local attorney to support their admission into the case. All motions are posted online, and you should be provided with a hard copy of it by mail.
Just a simple question.
answered on Jan 23, 2019
It is a traffic offense only, but considered a quasi-criminal offense because of the potential penalties, fines, loss of license and jail exposure.
I have a pool attorney,and recently I had a suppression hearing that didn't go well at all! However,I asked the attorney to appeal the judges decision,,the attorney informed me that he was a trial attorney,and that he did not deal with appeals,that I would need another attorney to do... Read more »
answered on Jan 16, 2019
Court rules do not allow you to file an appeal until after your case is over. You have 45 days after you are sentenced to file the appeal. You also have the right to any attorney you can retain. However, if you were appointed an attorney, you cannot choose the attorney assigned to represent you. If... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.