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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