She was not aware that the weapon, a collapsible baton, was in her carry-on luggage. She was in the process of catching a business flight to Cincinnati, Ohio on behalf of her flight school. She is 22 years old, a certified commercial pilot, and working to get her degree in Aeronautical... View More
While her lack of record makes her eligible to apply for the Pre-Trial Intervention program, if accepted that potential dismissal will take a minimum of 12 and maximum of 36 months and require at least some effort from her. Just having a pending charge in the event of a background check may be...View More
My boyfriend was asked to ride a street bike with his friend to his house. During the short ride my boyfriend was pulled over and given tickets for it being unregistered etc. it was not reported stolen and he did not know it indeed was stolen. Later on he gained knowledge the friend had stolen two... View More
From your post, it’s unclear whether this took place in New Jersey or Maryland, but regardless of where, it’s important that your boyfriend has qualified legal counsel. In NJ, a critical element of the crime of Receiving Stolen Property [meaning something that the State needs to prove beyond a...View More
There are a number of NJ felony convictions that will prevent a person from being able to legally own a firearm thereafter. The particular offenses you reference, however, are disorderly persons offenses (called misdemeanors in many other states) which in general do not prohibit someone from...View More
It was on an assault case that was In 2003 and the order a bench warrant for 2004. But the guy who filed the charges moved to Florida and passed away in Florida. But my boyfriend told me that he was defending himself after the guy knock my boyfriend's glasses off his face and he couldn't see.
The states cooperate in terms of arresting people wanted on another state's warrant. Your boyfriend will be subject to extradition, which means that PA will call the NJ entity that issued the warrant and ask if NJ wants to come and get him or if PA should release him. If NJ indicates that...View More
One charge was ended and completed in probation in 2019(filed 2018) plus all fines paid. I had a smaller, minor charge from 2017 (failure to give CDS to police) which ended in just fines. Both cases went to superior court. The latter charge is a possession/distribution charge. Thinking back, I... View More
The best way to know for certain whether you are eligible for an expungement is to reach out to an attorney who can look up any and all charges that come up in your name and let you know if you qualify or not. Many of us offer free consultations, and when called for an expungement case, will look...View More
Armed robbery is a 1st degree offense in NJ, which means it carries a possible sentence of 10-20 years in state prison and because it falls under the No Early Release Act, a person convicted of it would served 85% of whatever amount of time sentenced before becoming eligible for parole. There is...View More
Ultimately, dismissal of charges is in the discretion of the prosecutor, but there are several reasons they might decide to do so. The opinion of the victim is especially important in these cases, but so is the credibility of that person. The particular facts of the case will matter most, and an...View More
Suspect attacked another student(middle schools students). Victim did not fight back as smaller in size. Victim ended up in the hospital with a broken nose. Will there be any repercussions if the mother presses charges? As seen normally juvenile cases get dismissed and left to the parents... View More
While there are many diversionary options (resolutions that do not result in the juvenile being adjudicated delinquent) in juvenile court, it is not the case that juvenile cases normally get dismissed or left to the parents discretion when a formal police complaint has been filed. The possible...View More
It’s very unlikely that the warrant would have been rescinded without being addressed. You should contact the court to find out how you might go about handling the warrant, and the original ticket (though if it’s trespassing, it’s probably not simply a ticket you can pay but a lower level...View More
It certainly could be a conflict, but it would depend on a number of variables whether it actually is, including what the former client's role is in the new client's case. Additionally, conflicts of interest can be waived in some circumstances.
Assuming you are talking about 2C:35-10a(1), which is the possession of a controlled dangerous substance in schedule I, II, III, or IV, the short answer is yes. In NJ, felonies are referred to as indictable offenses or crimes and there are 4 degrees. The statute you seem to be citing is a 3rd...View More
While you may not be able to do much to force the school to take action, there is a criminal offense in NJ pertaining to cyber-harassment (found on this site by searching for 2C:33-4.1) and you could file a complaint at the police department against those bullying her under that statute. That said,...View More
The offenses you’ve cited are 2nd and 3rd degree, respectively, and in juvenile court a 2nd degree carries as much as 3 years of incarceration and a 3rd degree carries as much as 2 years of incarceration. Because of his age, he will not be waived to adult court despite how serious the charges...View More
She was given a school-issued Chromebook in September, when she started high school. Due to the pandemic, I kept all 3 of my kids virtual. Her particular Chromebook would not stay connected to my home wifi and she would use her personal laptop to log into school. On the days she used her laptop,... View More
You didn’t specify, but if you’ve got a court date, I assume you (and your daughter) are facing a truancy charge. That can be treated as a disorderly persons offense (NJ’s term for misdemeanor), and while the fine is low, it’s still not something you’d want to have on your background,...View More
What you’re describing sounds like it may be charged a few different ways, including as Resisting Arrest by Flight. That would be an indictable offense in NJ (aka a felony) and there are many reasons not to want the possible consequences of that offense to follow you around. An experienced...View More
While you’re correct about the general 5 year and 1 year SOL for crimes and disorderly persons offenses, there are a number of exceptions, including for crimes with no time limit, cases involving sexual assault where the crime may not be discovered until a later date and crimes involving certain...View More
Possession of any amount of cocaine (powder or rock) is a 3rd degree felony in NJ and carries a maximum exposure of 3-5 years of state prison. Distribution or intent to distribute can make it a higher charge, but that doesn't appear to be at issue here. Likely sentence, however, depends...View More
It depends on the sort of warrant it is—for example, executing a search warrant means law enforcement arriving at a location where a judge has allowed them to search during a specific time and performing the search.
It sounds as though you want to file a writ of habeas corpus, and attorney fees vary by lawyer and complexity of a filing, so your best option is to speak to several attorneys who actually do that work to get an idea of price. Not all criminal attorneys have experience in filing habeas claims and...View More
Whether a person can work in a Delaware school district is a question for someone familiar with Delaware law, but in terms of expungement, if the offense is eligible for expungement under all of the other variables, the 5 year waiting period begins at the completion of probation.
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