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Joseph D Rotella

Joseph Rotella’s Answers

10 total

  • Will my shoplifting show up on a background check, I never gave my SSN nor my license number

    well i was arrested for shoplifting in NJ in 2009 I plead guilty and serve a week in jail and a fine now in my job application should I list this since they ask if u ever been convicted of any felony, at the time i never gave my social security no...

    Joseph’s Answer

    It is a disorderly persons offense and will show up in NJ on a criminal background check. I can not comment on the type if background check your employer will run.

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  • I was charged under 2c:35-10a for possession of aprox 50 grams of cocaine in NJ i also served 12 yrs about 15 yrs ago for cds

    I was sentenced to a 10 with a 5 and a 20 with a 10 about 15 years ago, concurrent, gap time, served 12. I have been prefect since. I was only charged on a Summons (not a Warrant) with one charge, but it specifies aprox 50 grams. also there was n...

    Joseph’s Answer

    There would be I bail since it was on a summons. I doubt that it would be remanded back to municipal court because its almost 2 oz. suggest you speak to a Expert criminal defense attorney which would mean a Certified Criminal Trial Attorney since they are the only recognized experts by the NJ Supreme Court.

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  • Had a switch blade with me in my backpack...forgot all about it. Charged with njsa 2c 39-3e. What are the consequences?

    So, I was going to the airport and brought along a switchblade with me. I forgot that it was in my bag. The TSA found it and i was arrested and charged with njsa 2c 39-3e. What will happen to me? I don't want this on my record as I am in college r...

    Joseph’s Answer

    It is a indictable offense. It may be in either Newark or in Elizabeth depending upon what terminal you were in. If it is in Elizabeth then it might stay up at the county. I would suggest getting a Certified Criminal Trial Attorney, which means a lawyer that the Supreme Court considers an expert in criminal law.

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  • Im under a conditional discharge since July 2012 & got a DUI November 2012 will that be affected?

    Need to know if they intervene with each other even after i paid off my conditional discharge fine.

    Joseph’s Answer

    If it is in NJ the PO will generally not violate you because it is a Title 39 violation. You are given a summons for a motor vehicle violation. You should report it to the PO to be on the safe side.

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  • Please help I am in desperate need to free my brother the state is taking advantage of us.

    My brother is being held on murder charges which he has nothing at to do with. He is in jail and they have no gun, no confession, and a 1/2 a witness. Please help me and my family. My brother may not be a perfect citizen but he should not go to j...

    Joseph’s Answer

    I agree that you should speak to the public defenders office to resolve this issue.

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  • Newark courts public defenders office is representing me and now they are representing the person that is taking me to court.

    I live in Newark, NJ and I was able to get the public defender to represent me in the case that I have against me for assault. I also pressed charges to the other person and I have witnesses that was in the room when I was assaulted. Its been 2 mo...

    Joseph’s Answer

    The public defenders office usually screens the case to avoid a conflict. Usually if two people qualify then one would have a staff attorney and the other would have a pool attorney.

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  • Conspiracy to commit fraud, 1 year probation, $150 restitution paid, Fastest way to get this off my record in NJ

    I recently plead guilty to conspiracy to commit fraud (3rd degree felony) in NJ in Nov 2011, got 1 year probation, was denied pre-trial intervention after an appeal. Would like to know what is the fastest way to get this off my record, I am an A s...

    Joseph’s Answer

    The answers by the other attorneys are correct. However, please be advised that in some work related areas, such as becoming a lawyer, a police officer, etc, you must disclose the conviction even if it is expunged.

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  • Dismissal without prejudice nj

    Im in the process of getting my felony record expunged but the prosecutors recommend dismissal without prejudice. I'm in Nj what does this mean exactly? Is this going to show up on my record when I try to find a job? Why wouldn't they expunge it? ...

    Joseph’s Answer

    What the prosecutor appears to have indicated is that your expungment application was faulty in some way. That you did not meet all the requirments, so it is being denied, but you will be allowed to cure any defect and file it again. The expungment status set forth detailed requirments that you must follow, if you do not it will be denied. I would suggest consulting with a attorney who would be knowlegable as to the requirements.

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  • Will my pretrial intervention show up as a felony or misdemeandor in a background check?

    I need to have a background check done to get into nursing school. I do not want to waste my money and have it on file at a school if i can not get in due to the pti. The school states that they will not allow people with felony or misdemeanors (e...

    Joseph’s Answer

    PTI is a program that if you complete the charges will be dismissed. However, you still have a record of an arrest with the charges listed. You can expunge your record but must wait 6 months from the time the charges are dismissed againest you.

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  • What happens if you reopen your case with another lawyer one that lives a lot closer to you

    My case has two year's to reopen and I rather get someone closer to my house but don't know if that's a good idea l had lower back surgery and cannot work anymore and just won my social security case. How much would I get for a final stipulation ...

    Joseph’s Answer

    Your case appears to involve a Workers Compensation claim and I suggest you post it in that site. However, as in any case it is more important to feel comfortable with your attorney. If you want to switch lawyers then I suggest you speak to your current lawyer first.

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