Mitchell Melnikoff's Answers

Possible punishment sentence for 4th degree theft and disorderly conduct under NJ criminal code

If you are charged with 4th degree theft and are a first offender, you may be entitled to first offender treatment, better known as pretrial intervention. If you are eligible from pretrial intervention, the charges will be dismissed if you successfully complete a period of probation.

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What happens when default is vacated and no answer is subsequently filed?

The plaintiff will reestablishing the default judgment and then seek to collect on the judgment by making a levy on your personal property, like your wages, your car, your household furniture, etc. The judgment will be docketed and then become a lien on your real estate and you will not be able to sell or mortgage the real estate without first satisfying the judgment. You might want to enter into a settlement with the plaintiff and pay the judgment in installments. This will avoid the wage...

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NJ Procedural Question - Motion to Dismiss

I assume that you were sued by the plaintiff and served interrogatories and/or discovery requests upon the plaintiff that were not answered in the time permitted by rules of court. I further assume that your motion to dismiss the plaintiff's case was based on plaintiff's failure to answer your interrogatories and/or discovery requests. The only defense to your motion will be for the plaintiff to provide answers to your interrogatories. If the plaintiff provides answers to your interrogatories...

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How can I prove my case, and that she is lieing by saying it was self defense?

You need to : 1. subpoena the mother’s cell phone records and your cell phone records to prove that the mother got you to the scene. 2. canvass the area of the assault and see if you can develop any witnesses who may have seen the incident. 3. have pictures of your injuries 4. subpoena her medical records and pictures of her injuries to show that she did not have the bruise she says you gave her. 5. explore what testimony your boyfriend can supply that would assist in your...

Corrupt Judge in NJ?

I believe I have already answered a question on a similar subject previous posed by you. Normally, adjournments are granted as a matter of course, provided the opposing side consents. An attorney not admitted in NJ is not permitted to appear for a party without special permission from the court, and may be subject to sanctions if he does. Your questions relating to a “mistrial” and accusing the judge “of colluding with the plaintiff” demonstrates that you are not on the right tract to...

I was standing outside of an abonded house when the cops came everyone ran except me and i was charged as an adult.

What was the charge made against you? Was it a disorderly persons offense or was it an indictable offense? Do you have a prior criminal history? These and other questions need to be answered before anyone can give you any advice on your next move. It would be best to consult with a NJ attorney, answer the above questions and any others that may arise during your interview. Once you do this, your course of action will be clear. Good luck.

Where do I file a Consumer Fraud Case, In the Special Civil or in the Civil Division of Superior Court?

It sounds like you may, indeed, have a claim against your home contractor for violating the New Jersey Consumer Fraud Act. If your home contractor did violate the NJCFA, you will be entitled to receive three times your "ascertainable loss", which should include the penalties assessed against you by the municipality, plus any additional expenses that you may have been required to expend because of your home contractor's consumer fraud. Failure to comply with municipal requires may be one basis...

What rights to I have against car dealership charging me for excess mileage on car lease

You have not provided enough information to give you an intelligent answer. You may have a consumer fraud claim to assert\ against the dealership. If the dealership, its finance manager and salesperson have committed a consumer fraud;, you would be entitled to three times your loss, plus reimbursement for your attorney's fees and court costs..

What are the possible consequences for a 16 year old being arrested for minor in possession of alcohol

New Jersey Court Rules provide, in part, that the judge of the Family Part may appoint a suitable person to act as referee. The recommendations of the referee shall be without effect unless approved by the court and incorporated in an appropriate order or judgment of the court. New Jersey Statues provide, in part, that Any municipal youth guidance council having an adjustment committee may petition the Superior Court, Chancery Division, Family Part, to appoint a referee to hear and recommend...

Board member of our residential development had our RV towed away, is this legal under WA state law

Under normal circumstances, unless someone has a legal right to touch your RV, he is committing a tort known as conversion, when he touches your RV. If he has committed a conversion, he may be responsible to you for damages for the unlawful taking and detention. A legal right to "touch" your RV may arise from a contract. You need to check your agreement with your development board to see if you gave the board member this legal right. In addition to damages for the unlawful taking and...

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