This is my first offense. What can happen to me legally?
You are facing substantial sentencing exposure if you are convicted, including a mandatory one year loss of your license, fines of between $2,500 and $5,000 or 180 days in jail. The case might resolved to avoid these penalties through a suitable plea bargain. You need to hire an experienced and committed lawyer to best protect your interests.See question
my boyfriend had quite a few tickets on his license in NJ...back in 1994. there are three sets of tickets in each set there is a ticket for driving with a revoked license. when I called South Brunswick for information I was told he had to pay ba...
A lawyer will most likely be able to handle the process without your boyfriend having to appear. He will have to post bail which most often can be done by mail. Thereafter, the case will be scheduled at which time, an attorney can seek to negotiate a resolution. The driving on the revoked charge (NJSA 39:3-40) is a serious charge carrying a jail sentence for a 2nd and 3rd offense. However, given the age of the complaints, my experience is that most often a favorable disposition without jail is possible.See question
I got charged with a DWI last April, & was given a court date. I hired an attorney who postponed the court appearance and requested the discovery. Its almost a year later and still no discovery and still no court date. My lawyer says to stay quiet...
You can check the status of your case on njmcdirect.com - just to make sure that the case was not somehow put into failure to appear status. Generally, a delay not caused by the defense can only benefit the defense. For instance, your attorney might be able to make a motion to dismiss for failure to afford you a speedy trial. It is not your job, or your lawyer's job to do the work of the Prosecutor and track down discovery. Likewise, it is the State's job to bring you to trial. So, laying low might be a savy strategy. There could be a multitude of reasons for the delay. I suggest that you sit down with your lawyer for a brief meeting and discuss your case.See question
I got a dui 3 years ago and went to court. My public defender at the time asked for a discovery and I was told that they would send me a new court date. It was never sent and I was arrested on warrants a few months ago and that was not one of ...
A DWI must be filed and served within ninety-days under N.J.S. 39:5-3. This is commonly referred to as a "statute of limitations." This is however, distinguishable from a constitutional speedy trial guarantee (the time within which a DWI charge should be concluded).
Courts assess four non-exclusive factors to determine if a defendant's constitutional speedy trial guarantees have been violated: 1. length of the delay, 2. reason for the delay, 3. assertion of the right by a defendant, and 4. prejudice to the defendant.
These factors are fact sensitive. You may have a speedy trial defense issue. The issue is however, best addressed by a NJ DWI lawyer who can review the facts in your case, including the court's file and your attorney's (the public defender's) file. The issue would have to be presented to the court by way of what is referred to as a "Motion." The Motion would detail the issue to the Court and ask that the matter be dismissed due to the speedy trial violation.See question
I already paid all my fines. I need my license for a job at the airport.
You have to complete the IDRC in the NJ County where you live. However, if you moved (either within or outside of NJ), you have to complete an address-change form and remit the form to the IDRC. The IDRC will then allow you to complete the program (screening and education) in your (new) county-IDRC. If you moved out of state, you will likewise, be allowed to complete the screening and education in your new home state. Information about completing the requirements in a State other than NJ, see the following link: http://www.state.nj.us/humanservices/das/treatment/idp/idp_os_requirements.pdfSee question
Driving home from the bar at 430 in the morning. I pull up to a red light and do not see any sign that says no turn on red. Couple minutes later I get pulled over. Officer asked if I had anything to drink tonight, I said a couple. He immediately p...
Refusing field tests can be a double-edged sword. Many Judges will draw an adverse inference from a defendant's refusal to perform field tests (even though these tests are not mandatory). Some Courts will infer that the suspect refused to perform the tests because the suspect knew he/she would fail. In any event, it might be possible to compromise the field tests (and the Alcotest result) after a thorough review of the police reports, videos, "Alcotest" records and other evidence. I suggest that you start educating yourself regarding DWI law and procedure. Many lawyers will offer a free initial consultation (by phone or office). Retaining a high-quality DWI lawyer will afford you the best chance of success.See question
My brother (20 yrs old) was caught drinking at his college's homecoming. He was waiting outside a port-a-potty for his friend, holding his friend's beer. He took a sip, and a police officer approached him and issued an underage citation. Startled,...
There are two ways this offense is usually be charged - as a violation of the NJ Criminal Code (as a disorderly person's offense) or as a violation of a town ordinance. A conviction for either will give him a record that will show up on a standard background check. The event itself will also show up on a background check. Because he was not driving a car, if he is charged with the disorderly person's offense, license loss is not applicable. Some town ordinances allow for license loss regardless of the circumstances. At the very least, he should speak with an experienced lawyer to assess the charge, his exposure, and ways to minimize the penalty and preserve his record going forward. If your brother had a medical issue, your parents certainly would not diagnose his condition and recommend that he not see a Doctor. He is best served by hiring an experienced Municipal Court Lawyer. If he cannot afford a lawyer, he should apply for the public defender.See question
My son received 2 tickets - 1 for speeding and 1 reckless driving (first offense) I found out late and court is tonight. I need suggestions for postponing, downgrading or how to get a lawyer last minute
If you hire a lawyer, the lawyer can request a postponement from the court ... assess the case, and work towards a resolution. Give. The reckless driving charge suggests that the speed was high. Your son has sentencing exposure, including discretionary license loss ... so the case is best handled by a lawyer.
Greggory M. Marootian, Esq.
Certified By The NJ Supreme Court As A Municipal Court Lawyer
These tickets were mailed to my father for his vehicle registration however, he was not in town for that part of the month. 1 for improper passing, and 2 for reckless driving. I usually use his car when hes out of the country but I never got pulle...
The complaints were issued to your father (right or wrong), so therefore he has to respond (not you). If he does not respond to the complaints (by entering not guilty pleas), the court can issue a warrant for his arrest and the NJ Motor Vehicle Commission can suspend his license indefinitely. You would be foolish to appear on his behalf and expect the complaints to get "thrown out" when you do (appear). In fact, you might say something you should not. The complaints are serious - especially the reckless driving (N.J.S. 39:4-96). Your father should hire a lawyer. There are several problems the State/Prosecutor may 1. The Complaints have to be actually served within the applicable statutory time (30-days) - it is unclear based on your question when the Complaints were served and 2. The proof issues (the State will likely be unable to prove that it was your father who drove --- only that the car allegedly involved was registered to him.See question
We have 2 cars. Before the incident both were under my name. The replacement of totaled was registered under spouse's name. Some time later, even second car was registered under spouse's name. After suspension of license, I removed my name from po...
You must have an ignition interlock on a car, even if the car is not resisted to you or The NJ Motor Vehicle Commission (NJ MVC) will not restore your license. Therefore, waiting 6-months will not eliminate the requirement as a condition to restoration. The following information (from NJ MVC) should be helpful to you:
Ignition Interlock: http://www.state.nj.us/mvc/Violations/dui_Ignition.htm