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answered on Mar 29, 2021
You cannot enforce Civil Restraints. They are a polite way to agree to dismiss a TRO, but there is no way to enforce them short of filling a new TRO or Criminal Charges.
This is nj appellate division. Ruled in favor of inmate.
Is it a bad sign that the higher court sees a problem with the decision and want to rule against appellate court. He won first part of appeal and hoped he would soon be released. But now worried about supreme court
answered on Mar 26, 2021
I means that the case you won on appeal is being appealed to a higher court.
This is my fifth misdemeanor shoplifting offense. The prosecutor offered 90 days jail time and would not consider a lesser no jail sentence. All of my misdemeanors including this one are over a year old and I have not been in trouble since. I have mental disabilities that caused the shopliftings... View More
answered on Mar 21, 2021
No. If you face a third or greater it carries mandatory jail. If the prosecutor won’t amend the charge so you escape the mandatory jail, the only option is to fight the charge at trial and win.
My case is solely based on DRE observations - no urine taken - no blood taken and a 0.00 blown in breathalyzer. Is the DRE observation enough to convict me with just observing me by DRE officer?
answered on Mar 20, 2021
The Supreme Court has denied a stay for these issues. So you should be demanding an immediate trial. Since the Frye Hearing is ongoing the DRE would be inadmissible and you should win.
my fiance found a plastic pellet gun down the cushion of a chair in the resort and casino room that we were staying in, he took it to security who called the local cops who arrested him charged him w certain person and possession, the casino took his photo and banned him then security came up to... View More
answered on Feb 18, 2021
The only answer is to retain a lawyer. Recent orders from the NJ Supreme Court could permit his release while he waits trial. While his case is serious, the possibility exists of a jury aquital.
answered on Feb 18, 2021
More information is needed. I'm really not sure what happened in this case.
This person was an older woman in ministry. Her and my former pastor had me arrested in 2015 and a FRO was entered by default because I didn't know I had a court date. I sued the church for the assault and just won. Also, I am a part of the ACP program for protection and will be moving out... View More
answered on Dec 8, 2020
You will need to file a Cartifagio application. Typically I will tell people that the application is dead on arrival without consent of the plaintiff. However, the default status and the fact that you have a court that determined you were sexually assaulted could be enough to overcome that.... View More
This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids
answered on Dec 1, 2020
The same thing you do with any criminal allegation. Keep your mouth shut and hire a good lawyer.
answered on Nov 23, 2020
It really is going to depend on the exact nature of the charges and how they were resolved. If it was a clean dismissal with expungment of the arrest, maybe. But I can see "anger management" getting flagged as a mental health exception. Without a criminal record there is nothing to... View More
That hearing didn't happen. On Nov 16 at 930 am I got an email that the hearing was that day at 9am.I understood that hearing not be more than 10 days from being issued. Is this tro still in effect. I'm in nj.
answered on Nov 17, 2020
Most likely yes. A TRO stays in effect unless it is dismissed or amended to an FRO.
How does NJ DMV Consider my offense’s 2 or 3?
Does the state of New Jersey consider me a 2nd time offender or a 3rd time offender? As far as how many DWI’S I have had in a lifetime. What should be showing on my Drivers Abstract a 2nd DWI or 3rd DWI??
answered on Oct 19, 2020
You are considered a second offender for the 2018 conviction. However, if you get another within 10 years you are not getting the stepdown and would be a 4th and face 6 months mandatory jail. It would be a really good idea not to chance fate and take uber anytime you have a drink,
16 years ago and underage I was involved in a dui in montage New Jersey I am now 34 years old and I have outstanding warrants in New Jersey due to having to move out of state to help my mother take care of my handicap brother and she has since passed 3 years ago I am now a grown woman who has... View More
answered on Oct 17, 2020
You should retain an an attorney to have the warrant lifted and resolve the case.
Would appreciate some assistance (legal). If someone could reach out? MJC@CuellarLawFirm.com
answered on Sep 24, 2020
You need to have a consultation with a criminal lawyer. These are serious charges.
He is currently on probation, this will be his 3rd violation of probation. Is there any chance of him getting out ? If not, how many years is he facing?
answered on Sep 24, 2020
Third violation of probation, by commission of Burglary will invite a motion to remand to county jail. But he is presumed not guilty. It may be possible to avoid going to jail until trial. But he will need an experienced attorney and their work is cut out for them. On just the burglary alone he... View More
answered on Sep 17, 2020
You will be asked if you are suspended in any other state. So the answer is no.
This was self defense I was attacked also,but no scars or anything was visible at the time of arrest?
answered on Sep 15, 2020
More information is required. Depends on if it was domestic violence related, aggravated assault or simple assault charged as a indictable offense. Your record also factors. Yes you could face jail and max fine for aggravated assault is $15K. Be wise and retain an attorney.
answered on Aug 12, 2020
Depends on the type of case.
Clean Slate (entire record of arrest and convictions) 10 years N.J.S.A. 2C:52-5.3
Indictable Conviction (and up to 3 Disorderly Persons) 5 years N.J.S.A. 2C:52-2
Indictable Conviction (and up to 3 Disorderly Persons)—Compelling Circumstances... View More
Sleep deprivation and touching of intimate spaces over and over. Want force a deal for something I do not owe and am innocent of. I have signed nothing. do rights pertain to people who are not being detained but are being harassed and targeted too.
answered on Jul 28, 2020
If based on the totality of the circumstances, it was "coerced" then no. But that is a question of fact based on what hapened.
My ex girlfriend (children's mother) assaulted me and was given a temporary refrain from order by criminal city court. We have two children together.
She was just served 4 days ago. Honestly, I want her off that order, its divided her from our children.
I forgive her for her... View More
answered on Jul 14, 2020
A temporary restraining order exists until it is dismissed or is converted to a Final Order. Thus it can last indefinitely.
I was arrested in 2004 and charged with two burglaries and two conspiracy the burglaries. I sat in Camden county jail for almost 6 months for them to investigate on trial. Now I know there was no evidence against me because I know I had nothing to do with it. I was set up by a former friend. Now I... View More
answered on Jul 13, 2020
A burglary conviction can be expunged if you are otherwise eligible (6 years since completion of sentence), no more than 2 disorderly persons offenses and no other felony convictions.
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