Elizabeth, NJ asked in Criminal Law for New Jersey

Q: Some one has claimed that I brandished a handgun at them a hand gun is not in or around my family. what do I do

Police came to my house and took me for questioning at no point was I ever under arrest but the police did not inform me of my right that I had a choice to go in for questioning. the man that accused me said I pulled a handgun on him after getting out of my vehical... when in fact I never did he came up to my window said a few words spit into my car and left. then reported to police that I pulled a hand gun on him. what should I do

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2 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: I recommend you retain a lawyer as soon as possible. You could be facing a indictable crime. The face that you could be facing aggravated assault charges (a second degree crime) presents a great deal of risk. Do not talk to the police without a lawyer.

Christopher J. Basner
Christopher J. Basner
Answered
  • Haddonfield, NJ
  • Licensed in New Jersey

A: Were charges filed?

Did you provide a written statement?

Do you have a gun permit?

I would retain an attorney before charges are filed, as soon as you are able to do so.

In my experience, law enforcement will treat you differently if they know that you have an attorney.

I would not speak a word to law enforcement without an attorney in the future.

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