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Howard M Weinstein

Howard Weinstein’s Answers

38 total

  • A question about criminal charge being downgraded

    if a case lets say if criminal mischief charge has been downgraded from a felony to a misdemeanor will it affect the restitution payment.

    Howard’s Answer

    Downgrade I the offense affects only the level of charge that you are facing. The amount of restitution can be determined by either a Superior Court Judge or a Municipal Court Judge following a downgrade, but that will not affect the amount of restitution.

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  • I have a 20 year old warrant that I believed was taken care of. And I have a new charge that I must be in court for.

    I dont have any money and i dont have a job will i be detained for a 20-year warrant?

    Howard’s Answer

    You should call them and find out if a bail was set when the warrant issued. If you go there with the bail amount in hand, they will give you a court date and not detain you.

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  • How much it will be the fine ? what can i do because iam student in egypt nd iam there right nw nd the court is after 2 weeks?

    i get caught with 10 pills of extacy nd its the first time to me to get caught ...iam student in egypt iam there right now

    Howard’s Answer

    I agree with the previous answer, if you do nothing you risk a warrant being issued for failure to appear in court. If that happens and you return to the US, you could be detained at the port of entry. I would strongly urge you to retain an attorney who can advocate on your behalf and attempt to resolve the case for you. It is very likely that you will have to appear in court at some point in order to resolve the case. The offense is an Indictable offense (felony), so I would not ignore the case in the hope it goes away.

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  • Will a citation be issued via mail.? Should she contact the police?

    18 year old picked up by local township police at off campus party. Officer indicated she would be getting an underage drinking citation. The lesser of charges that she could be cited for. Took her back to dorm and officer left without giving st...

    Howard’s Answer

    It is possible that the officer will mail a summons, as there is no rule that prevents him from doing so. The best advice would be to do nothing and to wait and see. If you do not want to wait, you should call the local municipal court and ask the administrator if any complaint has been filed.

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  • Where do I file harassment charges, in the town I live or the town where the person who posted a negitive comment about me.

    I wrote a negitive review about someone on the internet publically, and they rebuttled and also made nasty remarks about me and even sexaul ones. I live 2 hours from them. Do I make the complaint in my town or theirs?

    Howard’s Answer

    While jurisdiction lies in the State of NJ, venue would lie in the jurisdiction where the unlawful conduct occurred. One exception to this I am aware of deals with a phone call. Venue for an act of harassment via phone has been held to exist at either end of the phone line. I would argue that the same applies in your case and file in your local jurisdiction. The worst that could happen if it gets dismissed on venue grounds, you would have to refile in the correct venue.

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  • Am I in foreclosure? Do I need a lawyer, what kind?

    We have been on loan modification for over a year. We have been put on a modification plan at least 3 different times, The payments have been lowered twice. We have sent them the same exact paperwork on numerous occassions. We would talk to one ph...

    Howard’s Answer

    Part of the foreclosure process involves your being served with a Complaint in Foreclosure. If you have not been served with that document, your lender has probably not yet actually filed the action against you.

    You should probably consult a Bankruptcy attorney, as if filing a Chapter 7 is appropriate it may get you additional time by automatically staying any foreclosure action. One of my partners handles Bankruptcy. Please contact me if you would like to set up a phone consultation.

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  • Simple Assault and Harrasment charges

    Hi my name is Ariel my fiance has Bipolar disorder intermitten explosive disorder and ODD he attacked me this past Friday so we called the cops hoping to get him forcefully taken to the hospital. I didn't press charges but the state did. He just f...

    Howard’s Answer

    While the specifics will vary from state to state, you should try to speak to the domestic violence coordinator and/or the prosecutor in the case. As a victim, most states require that the State consult with the victim in resolving DV cases.

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  • Radar guns

    What rules or regulations should a police department abide by in regards to keeping their RADAR equipment maintained and calibrated? I.E. how often should that be done?

    Howard’s Answer

    An experienced attorney will know to request the appropriate maintenance records for the equipment used in your case, as well as certification reports for the tuning forks used to calibrate the radar equipment. While technical defenses do occasionally work out in your favor, the vast majority of speeding cases are resolved by your attorney negotiating a reduction to a low or no point violation.

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  • 3rd degree burglary and and criminal tresspasisng

    i am a first time offender with nothing on my record what so ever i reside in NJ. I am now attending college. i am being charged with 3rd degree burglary and criminal trespassing what kind of punishment am i looking at

    Howard’s Answer

    I would hope to get you into PTI as your first line of defense. If that is not possible, your next best hope would be a downgrade to a disorderly persons offense. With no prior record, depending upon which County you are in, you are most likely looking at a non-custodial (probationary) sentence. Much of what will happen will depend upon your attorney, the prosecutor assigned and your Judge.

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  • Punishment for 3rd degree burglary and criminal trespassing first offense

    never been in trouble before in my life. Nj , 18 years old what is might my punihsment look like

    Howard’s Answer

    While in NJ you enjoy the "presumption against incarceration" if you have no record and are charged with a 3rd degree or lesser indictable charge, that presumption does not protect you from a county jail sentence, which can be as long as 364 days. The risk of county jail in your type of case depends mostly upon which County you are in. I would strongly urge you to retain the services of an experienced criminal defense attorney.

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