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.
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.
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.
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.
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.
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 »
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.
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 »
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 didn't... Read more »
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 I had no... Read more »
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 before... Read more »
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.
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 appeals..."Sad... Read more »
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 »
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