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...Read 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,...Read 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...Read 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,... Read 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,...Read 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...Read 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...Read 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...Read 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...Read 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.
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 »
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
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 »
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 »
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 »
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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