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Questions Answered by Amber Forrester
3 Answers | Asked in Criminal Law for New Jersey on
Q: Can please let explain what exacuting a warrant means
Amber Forrester
Amber Forrester answered on Apr 12, 2021

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.

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Immigration Law for New Jersey on
Q: Looking to retain a lawyer for a certificate of appealability. How much would it cost?
Amber Forrester
Amber Forrester answered on Apr 6, 2021

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... Read more »

1 Answer | Asked in Criminal Law and Employment Law for New Jersey on
Q: can a person work In a Delaware school district If they have a felony but the felony is not against a child.

but the person only received one year probation no jail time. and was told it could be expunged in 5 years they were charged in 2018. and finish their probation in 2019.

Amber Forrester
Amber Forrester answered on Mar 29, 2021

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.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Albeit both being bad what is worse certain persons offense or NERA offense?

As far as expungement goes.

Amber Forrester
Amber Forrester answered on Mar 29, 2021

The No Early Release Act is a an entire category of offenses and many of the crimes on the NERA list are completely ineligible for an expungement, so it depends on which offense. That said, a person can only have one indictable conviction expunged, so a conviction for a 2nd degree Certain Persons... Read more »

3 Answers | Asked in Criminal Law for New Jersey on
Q: if you already won an appeal is it a bad sign that supreme court will be hearing it? Prosecutor has appealed to them. I

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

Amber Forrester
Amber Forrester answered on Mar 28, 2021

The Supreme Court doesn’t have to take every case parties attempt to bring to it and when they do grant certiorari (that’s what it’s called when they accept a case) it generally means that there’s a issue (or perhaps several) they want to address—it’s not necessarily an indication of... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Trying to expunge my record from 1989 for drug paraphernalia. Do I qualify and if so what do I need to do?

I applied for Global Entry and was told of this record that I thought it was removed after completing probationary requirements.

Amber Forrester
Amber Forrester answered on Mar 28, 2021

Eligibility for expungement is dependent on a number of variables. The age of the person at the time of the offense (juvenile vs. adult), whether it resolved by a conviction/non-conviction or diversionary program (like PTI or conditional discharge), whether it was the only offense of any level on... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a judge give a lesser sentence at a bench trial then the prosecutors original plea offer?

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... Read more »

Amber Forrester
Amber Forrester answered on Mar 20, 2021

Shoplifting is a bit unusual among NJ theft crimes in that it is subject to mandatory penalties, even though it tends to be a lower degree of indictable charge or even a disorderly persons like you are referring to. A third or subsequent shoplifting charge of any degree is subject to a penalty of... Read more »

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