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answered on Jun 29, 2019
You need to give more info. Weed, coke, heroin, ecstasy? How much? Circumstances? School zone? Record?
Can I apply for post relief conviction on my first dui? I have been going back and forth for this 4th degree charge for two years.
answered on Jun 25, 2019
Depending on the facts you can apply for PCR on the first. But based on State v. Faison that will not help you on the 2C 40-26. If it is a Mark Dennis Issue that might be different. If you have been in court for 2 years you have a lawyer and you should really be talking with them. Generally it is... View More 
Attempting to elude. Police 2nd degree 2c : 29 2b
answered on Jun 25, 2019
Case info says Philadelphia but asks about New Jersey. I am not sure if there is some confusion on that. I do not know what you mean about how many steps. What ca. You do? Plead not guilty and hire a lawyer who can go through the law and facts and represent you to achieve the best result.
She let someone use her car . I know everyone says it’s not mine but it truly wasn’t hers. They did arrest her. She has never been in trouble with drugs before. She told me they didn’t read her rights to her. What can happen. Is it possible for this to be thrown out? Very worried!
answered on Jun 12, 2018
She is likely facing an indictable crime (aka felony), 3rd degree punishable by 3-5 years incarceration. Loss of drivers license. It is not unheard of for a first time offender to be given probation. There may be issues on the search and miranda. Unable to know for sure without access to the... View More
answered on Jun 2, 2018
It can be asserted to be a refusal. The police can convict based on the SFST tests at the scene without a breath test. If you were charged with DWI and Refusal that would be a strong indication.
If you are detained and searched by a state trooper and they find what they say is heroin but the person says they don't know what that is are they required to test the drug in your presence before charging you with possession?
Also if there is a prescription pill bottle with a pill in... View More
answered on May 20, 2018
There is no requirement for a field test. The suspected substance will be sent to the State Police Forensic Lab for scientific testing. The remainder of your questions are fact specific and it would be best to retain counsel to go through those as you are facing a 3rd degree charge (3-5 years)... View More
answered on May 12, 2018
This would depend on your terms of release. If your agreement says "no weed" I would get written permission before you take a single toke.
answered on May 12, 2018
No always. These are fact specific questions. In this situation you require someone who is familiar with the family aspect, more than the domestic violence side of things.
answered on May 5, 2018
You begin the process by pleading not guilty. Then the case is conferenced to assess the proofs and expert reports. Then either a plea is entered or a trial commences.
I was at a bar for a couple of hours, enough to get drunk. My car was double parked and when I get out I went to my car to stay warm while I waited for my girl to pick me up, meanwhile someone had called the cops saying I was driving drunk , but when the cops came I was sleeping .. they gave me DUI... View More
answered on May 5, 2018
I recently took a similar case to trial and received a not guilty verdict. The police will claim that while you had not yet operated the vehicle, that you intended to do so. It is a question of fact. I am sorry that you do not have confidence in your attorney. Many people hire a lawyer based on... View More
answered on Apr 17, 2018
A defendant is held up to 48 hours while pre trial services evaluates its recommendations. At the hearing the recommendations are made and the judge will decide whether release conditions should be issued unless the prosecutor files a motion to seek remand. If so, a few days later their will be a... View More
What is the best strategy to do this? Should I file a motion on my own or hire a lawyer? These fees to retain range from 1500-10000.. Which is very high for an order entered by default. What is best solution?
answered on Apr 14, 2018
Mr. Boyer and Mr. Aalsberg have given you good advice. It may not be intentional. But your question indicates that you do not understand the seriousness of a FRO or the difficulty you are going to have getting it vacated. Spend for the best lawyer you can afford. The lawyer who quoted $1500 has... View More
I just left out of court and they told me the next court date the grand jury had to decide if I’m going to get indicted & convicted. My son father made a false complaint on me saying I came to his home 12-13-17 with a tazer and which I didn’t and he told the prosecutor that he wanted to... View More
answered on Apr 13, 2018
Impossible to predict what a grand jury will do. You should have a lawyer.
I never threatened her. I never said anything about her vehicle nor did I say anything relatively close to causing anyone harm. I did curse at her and call her a bad mother for going against the court ordered visitation that I had to see my son. Is this enough to have gotten me arrested? I now... View More
answered on Apr 13, 2018
Three separate issues here. The first is the criminal charge and the criminal record. We do not know the evidence at this point. But if you did not text these statements, then it may just be precautionary by law enforcement. A good barometer is whether you were charged on a warrant (WENT TO... View More
answered on Mar 30, 2018
It would be best to have a formal consultation with a lawyer. Otherwise, the answer is maybe.
answered on Mar 30, 2018
An ordinance is an ordinance. So disorderly person ordinance is an ordinance.
He's charged with DUI, has previous one from 20 years ago. Online research tells me it counts as 1st offense since it's been more than 10 years because of the step down law. His public defender said that's not true anymore. I read the 2016 revised statute and it's still in... View More
answered on Mar 30, 2018
Step down would apply but does not help in this case. A second DWI makes him ineligible to hold a CDL for life. It does not matter if he was driving a personal vehicle. You need to fight this case as if his life depended on it, because he will never be able to drive a CDL ever again. Touch... View More
answered on Jan 18, 2018
It depends. Why did you wait 6 years? The second prong under State v. Silver is the urgent need to be protected. If it took so long to seek protection or contact the police that would indicate there is not an urgent need to be protected. If something new has occurred then there could be an... View More
My ex husband was arrested for a DUI yesterday. It involved a minor motor vehicle accident and he had his son in the car. We have one daughter together from when we were married, age 8. She was not with him at the time. He has numerous charges for which he has court dates related to this DUI... View More
answered on Jan 12, 2018
This depends on the wording of your MSA. You can seek to alter the considerations of custody.
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