Alan Peyrouton’s Answers

Alan Peyrouton

Union City Criminal Defense Attorney.

Contributor Level 4
  1. DUI checkpoint standards?

    Answered 3 months ago.

    1. Michael L Pescatore
    2. Christopher J Basner
    3. Eric M. Mark
    4. Mark M Cheser
    5. J. Denise Carter
    6. ···
    9 lawyer answers

    Your attorney is correct. Kirk is the case you should read to fully understand your rights regarding checkpoints as well as the obligations of the police department. Please remember that you're also facing a refusal charge and this is a separate issue from the DUI checkpoint-related concerns you raise in your question.

    7 lawyers agreed with this answer

  2. NJ out of state DUI

    Answered 3 months ago.

    1. Michael L Pescatore
    2. Christopher J Basner
    3. Mark M Cheser
    4. Alan Peyrouton
    5. Eric M. Mark
    6. ···
    6 lawyer answers

    Out of state DUI's need to be carefully scrutinized and extensive legal research must be performed so you fully understand the direct and collateral consequences as they relate to New Jersey. As my colleague correctly pointed out, WV and NJ are members of the Interstate Compact and reciprocity applies. You present various interesting legal questions which cover the effect of WV's criminal classification of a DUI as it relates to NJ; there's also the issue of your NJ nursing application; and...

    6 lawyers agreed with this answer

  3. I recently got my 2nd dwi. Got ticketed for 39:4-50(g)(1),39:4-50.4a, 39:4-50. Also a small amt of cocaine. Likely outcome?

    Answered 3 months ago.

    1. Douglas Wayne Jones Jr
    2. Jason T Komninos
    3. Joseph John Donatiello
    4. Raymond Andrew Grimes
    5. Mark M Cheser
    6. ···
    9 lawyer answers

    I will attempt to address each question as you provided them: I've completed a PTI a few years ago (2yrs?) >>>> The fact that you completely PTI may adversely affect your application for the probationary programs offered in NJ regarding the CDS possession. My last dwi was 5 yrs ago.>>>> The fact that your first DUI conviction was five years ago means that you are not entitled to the 10 year "step-down" provision and your charge on the DUI, if convicted, will be considered a second offense for...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. How do you get a arrest warrant lifted?

    Answered 3 months ago.

    1. Michael L Pescatore
    2. Mark M Cheser
    3. J. Denise Carter
    4. Alan Peyrouton
    5. Eric M. Mark
    6. ···
    6 lawyer answers

    Try to appear before the judge on your own and ask if the $500.00 to lift the warrant can be applied to the victim's restitution. Politely apologize and explain your economic hardship and you may succeed in persuading the judge to lift the warrant and apply that money to the debt that you owe. If this doesn't work, then you can pay the clerk or hire an attorney to intervene on your behalf. Good luck

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. My friend sent a package with edibles in it (around $100 worth) using USPS, what could happen to the shipper and receiver?

    Answered 3 months ago.

    1. Robert Anthony Bianchi
    2. Christopher T Campbell
    3. Douglas F Herring
    4. Eric M. Mark
    5. James Alexander Abate
    6. ···
    8 lawyer answers

    The weight is relative for sentencing purposes. If receiver signed for it and accepted delivery, then receiver may face both state and federal charges. I'm not sure why this question was posted if no charges have been filed. In the event you are charged, you have a right against self-incrimination and should ask for an attorney in the event you are questioned. Don't gamble with your future, retain an attorney.

    2 lawyers agreed with this answer

  6. Girlfriend got a violation on my interlock, we think it's from a failed rolling retest.

    Answered 3 months ago.

    1. Raymond Andrew Grimes
    2. Michael L Pescatore
    3. David L Le Roy
    4. Eric M. Mark
    5. Mark M Cheser
    6. ···
    6 lawyer answers

    It is imperative that you retain an attorney to assist you in this matter. First of all, an attorney will help with your investigation of how the violation occurred. Secondly, if you have a viable defense, it's in your best interest to have an attorney make this presentation to the court. I agree with my colleagues on this.

    2 lawyers agreed with this answer

  7. Husband was bailed out on a bond.. Bail bonds man said he won't go back to jail on is next court date. Is this true.

    Answered 3 months ago.

    1. Eric M. Mark
    2. Christopher J Basner
    3. Alan Peyrouton
    4. Robert Jason De Groot
    5. Mark M Cheser
    5 lawyer answers

    He is facing a violation of probation (VOP). In my experience, judges take these violations very seriously because probation is a way of avoiding incarceration and if it is abused, the court is well within its rights to incarcerate anyone on a VOP. I cannot speak as to the legal advice that the bail bondsman provided. It's in you and your husband's best interest to seek legal representation.

    2 lawyers agreed with this answer

  8. In NJ Is it illegal to own a pipe an officer classifies as a "crack pipe" even though there is no evidence of crack,

    Answered 4 months ago.

    1. Eric M. Mark
    2. William J Popovich
    3. Christopher T Campbell
    4. Raymond Andrew Grimes
    5. Alan Peyrouton
    6. ···
    7 lawyer answers

    Under State and Federal Consititutions, the State (police) only need probable cause (very low standard) to arrest someone they believe committed a crime. At trial, the State must prove every element of the alleged crime Beyond a Reasonable Doubt (highest standard in the law). Therefore, to make an arrest for possession of a "crack pipe" the police merely need probable cause to believe that the pipe in question was used for smoking crack. At trial, the State may produce lab results to show...

    2 lawyers agreed with this answer

  9. Can I drop charges against someone if there already was an arraignment and judge offered them PTI? I did not appear at court.

    Answered 3 months ago.

    1. Mark M Cheser
    2. William J Popovich
    3. J. Denise Carter
    4. Christopher J Basner
    5. Michael L Pescatore
    6. ···
    7 lawyer answers

    I agree with all of my colleagues. I just want to clarify something regarding who offers PTI. I'm splitting hairs but it's neither the judge, nor the prosecutor who offer PTI. Entry into the PTI program is seldom available if a prosecutor objects. The standard under rule 3:28 states: Eligibility for PTI is broad enough to include all defendants who demonstrate sufficient effort to effect necessary behavioral change and show that future criminal behavior will not occur. Any defendant...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. IF A DEFENDANT WAS OFFERED A 10 W/ AN 85% BEFORE TRIAL DIDN'T ACCEPT IT CAN THE STATE DECIDE TO GO HIGHER?

    Answered 3 months ago.

    1. Robert Anthony Bianchi
    2. Kristy L. Bruce
    3. William J Popovich
    4. John Thomas Doyle
    5. Thomas Hugh Martin
    6. ···
    10 lawyer answers

    I agree with all of my colleagues on this. They have all provided comprehensive answers and I have nothing to add.

    1 lawyer agreed with this answer

We're ready to help. Contact us for an appointment.

201-766-4800