West New York, NJ asked in Criminal Law for New Jersey

Q: In criminal case defendant with plaintiff who put complain obstruction and resisting arrest will have to appear in

In court if police officers work in this court and come in to apartment without warrant of arrest or search(municipal court) base on the phone call (false accusation of the neighbor that a child was calling for help - it is explained in the police report that the child was not at home only with other parent during this time) Can lawyer only appear and defendent write the statement or testify over phone? And why municipal court want to testimony to be at close door and only police officers present and defendant not a neighbor as well since it made 911 phone call? What is the chance the case to be dissmised if there was no reason for police officers enter the apartment in addition without

warrant of arrest or warant of search? And when the case can be moved to suprime court? Can municipal court drag the case for a long time or they are some time frames for this?

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2 Lawyer Answers

A: In nearly all cases the defendant for a criminal case in municipal court must appear. Just because you have a lawyer does not mean that you don't have to come. As for the warrantless arrest much more information would be needed before a lawyer could tell you whether that would or would not be proper in your case. I suggest you start with a free consultation that most of us lawyers offer. However a free consultation is not a second opinion and if that is what you want a lawyer will charge you for his advise.

A: Can lawyer only appear and defendent write the statement or testify over phone?

No. You must personally appear or a warrant for your arrest will be issued.

And why municipal court want to testimony to be at close door and only police officers present and defendant not a neighbor as well since it made 911 phone call?

I do not believe this is correct. You should be represented any time the police or court is involved.

What is the chance the case to be dissmised if there was no reason for police officers enter the apartment in addition without

warrant of arrest or warant of search?

I could not tell you without reviewing the Police report. You are making conclusions.

And when the case can be moved to suprime court? Can municipal court drag the case for a long time or they are some time frames for this?

There is a right to speedy trial. I expect that you will have to right to be indicted within 60 days.

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