Under New Jersey law, Strict Liability Drug Induced Death is a first degree crime, which ordinarily carries up to 20 years New Jersey State Prison. But a defendant who is extended term eligible would face 20 years to life. Therefore, a sentence of 25 years would not necessarily be illegal.
He was never read his rights, he was not given a field sobriety test, no breathalyzer, nor was he impaired at all. The paraphanalia and CDS charges were both dropped by superior court due to the good samaritan law. At the time he was living in his vehicle and was not driving. The attorney he hired... View More
More information is required to know the totality of circumstances and to identify any defenses available to this person. A charge of DWI can be defensible, but the defenses turn on the facts of the individual cases. If this friend is unhappy with the legal advice provided by his present attorney,...View More
October 2022 I was involved in a car accident. Hit 3 juveniles. Charges with 3 account of attempted murder and three accounts of agg assault. I was released on house arrest. But I haven’t been to court since being released. My court date if October 2023. I wasn’t indicted yet.
Mistakes can certainly happen. Ordinarily, however, the Superior Court does not schedule the Arraignment until an indictment has been filed. Presumably you were either appointed an attorney through the Office of the Public Defender or you have retained private counsel. Therefore, either of them...View More
New Jersey law recognizes defense of oneself as justification for conduct that would otherwise be considered criminal. One thing that many people seemingly fail to realize, however, is self-defense is not self-executing. This means that a person can be charged, for example, with assault even if he...View More
Although this offense is referred to as "Driving While Intoxicated," the case law on the DWI statute's "operation" element is much broader than the common understanding of the word "driving." This charge is not categorically indefensible, but it is considerable...View More
There are two point systems. One system applies to the Motor Vehicle Commission, and the other applies to Insurance Eligibility. Accumulating points with the Motor Vehicle Commission can result in surcharges and license suspensions. Additionally, the look back period for the MVC is three years. As...View More
A state trooper followed me off the highway while I was speeding. He followed me for like 30 seconds & pulled off. Never pulled me over. My thing is if I was considerably speeding, wouldn’t he have pulled me over then and there?
This is a good question. One might expect a reasonable trooper to conduct a stop, request credentials, verify the person’s identity, and decide whether to issue any tickets. But police have been known to mail the tickets to the person believed to be driving. So it is possible that tickets will be...View More
The ticket was careless driving. I hit a railing and my friend was injured. Now I am contacting my insurance company. I don't know what this hearing is about. If I say something wrong at the hearing, will I take all the responsibility for this accident and then the insurance will not pay the... View More
Calling an attorney to discuss your concerns is probably a good way to spend some time. It can help address concerns about an experience that is unfamiliar and which will be new. But I would hasten to add before making your choice of attorney, you ought to give this matter careful thought. The...View More
Officer saw my good record and pleasantly came over and gave me 3 tickets for speeding. Unlawful operation and not obeying. Signs . He basically said I was speeding 3 different ways. After he complimented me for having no points
The judiciary takes racism and systemic racism seriously. Based on the description offered here, the officer complimented you, and otherwise acted pleasantly toward you. The issuance of three tickets will probably not persuade the municipal prosecutor of unconstitutional racial discrimination. To...View More
if you receive a warning in new jersey for failing to stop for a pedestrian in a marked crosswalk will that increase your auto insurance rates. Not a ticket but a warning. I have a camera in my car and the video shows nothing except a cop waving to turn left. Can I contest this ?
A ticket filed in the municipal court is required before direct and collateral consequences become an issue. If a police officer gives only a warning, then the court, motor vehicle commission, and insurance company should not find out about the encounter.
Should I get a lawyer? This is my first offense and I’m extremely lost and unsure it was the middle of the night no cars were on the road and I never wish to harm others this is the first time I got fines let alone pulled over and got a ticket.
In addition to the penalties described by my colleague, a conviction for Reckless Driving involves serious collateral consequences. These include 5 insurance eligibility points, a 10-year ban on vanity plates, a lifetime ban on courtesy plates, and a 3-year prohibition against driving for a company...View More
My husband grew up in New Jersey and left when he was 16 . He never obtained a driver's license in this state, but had a non drivers ID His wallet was stolen when he was 15 that had is SSN card and a state non drivers id. Upon his father's death he came back to his childhood home.... View More
This is an important question, and the explanation I would like to offer is somewhat difficult to write here is all the necessary details. I would mention, however, that when anyone is issued a ticket a New Jersey, the Motor Vehicle Commission generates a license number for that person. To resolve...View More
I just bought a bike on Sunday… and was riding it in my streets to learn and get the hang of it. The bike had valid insurance, the title was signed I showed the officer the title as well. I literally told the officer that I recently got the bike and was not aware it needed to be registered before... View More
It is advantageous to know the penalties one faces for any offense. A conviction for Failure to Pull Over for Emergency Vehicle carries fines, jail, license points, and insurance eligibility points. If this causes concern, then it seems to be a good idea to fight it in court. Along the way, you...View More
It appears you might be eligible to petition the court for expungement, but more information is required to offer a legal opinion. Speaking to an expungement attorney about this on the telephone should help clarify any possible issues.
The form of this question is difficult to understand. A defendant can get a favorable plea agreement for a variety of reasons. Cooperating with authorities as an informant is only one of many. A defense attorney who can identify a meritorious pretrial motion can also negotiate a favorable plea deal...View More
Generally speaking this will appear in any background check unless the defendant petitions for and is granted an order of expungement. But more information is required to answer this question under these circumstances. Contacting a criminal defense attorney to discuss this in greater detail is a...View More
The police came back the next night accusing me of making false report because apparently my ex boyfriend was driving the car and had gotten into an accident. I allow him to use my car when he needs it but in this particular day I did not know that he had the car as I thought he was out of state.... View More
This sounds important. But it is difficult to answer this question online because more information is necessary. If it is as important to you as it sounds, then you will want to contact a private attorney to discuss this in more detail.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.