Newton, NJ asked in Criminal Law for New Jersey

Q: My ex lied in a TRO out of spite, got me arrested for weapons, and now wants to recant her statement n sign a affidavit.

Now when my ex signs an affidavit admitting this all happened because she was spiteful and lied, wouldn't I be able to file a motion to dismiss the search warrant? The TRO was already dismissed because she didn't show up to court.

Also, the charge is a certain persons offense because I got in trouble back in 2011. The firearms were my late fathers who passed away in 2016 and it explicitly states in the will that they were not to be left to me. They were left to my mother who owns the house I live in where they were found. Now in the indictment transcript, the cop is asked at least 3 times if anyone else lives at the house or was present at the house when they came to serve the TRO to which he specifically states no one else lived here, and that no one else was home when they came. Both statements being false. My mom owns the home, and there were 3 people besides me there the day they came. Isn't that perjury?

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1 Lawyer Answer
James A. Abate
James A. Abate
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: You both need lawyers. If she admits to filing a false report which resulted in a warrant she could be arrested. Nonetheless, not the polices fault and they validly searched your home and found weapons. If there are defenses then you need a lawyer to advocate them. Otherwise you face mandatory incarceration. Good luck.

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