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Rocco C. Cipparone

Rocco Cipparone’s Answers

10 total

  • Shoplifting charge, $9 item. No Police called. I'm very nervous

    I was recently accused of stealing $9 item from a local walmart. It was a stupid moment, and my last. The LPO was professional, and took my info, copied my DL, asked me to sign some documents and let me go stating that he would not be calling Poli...

    Rocco’s Answer

    The facts of each case are different of course and it is difficult to assess a situation without a full consultation with an experienced attorney. I encourage you do do so if you remain nervous and certainly if you are charged. Generally speaking only, I personally have not seen a client actually sued for the civil penalty in the almost 22 years I have been in private practice once I left my position as a federal prosecutor.

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  • Can I get charged with possession with intent to sell and deliver 2 grams of marijuana if it was not intended to be sold.

    I was pulled and received other possession and trafficking charges for a different drug but had 2 grams of marijuana not for resale can they legally charge me with possession with intent to sell and deliver the marijuana.

    Rocco’s Answer

    Your question is posted in federal crimes as the topic. I am not a North Carolina attorney, but I do practice in multiple federal jurisdictions. Generally speaking, however, in either state or federal court, even if a person is not caught in the act of selling drugs, he or she can be charged with the possession with intent to distribute. The prosecution still has to prove the crime, which requires specific intent, and in that scenario the surrounding facts and circumstances are very important, including how were the drugs packaged; did the person possessing them have money on or near him/her and in what denominations; how was any money bundled; was any conversation about distributing overheard or stated; was any confession made; and several other case specific facts. It is important to hire an experienced criminal defense attorney to analyze and present the best possible defense that the drugs were for personal use and not distribution if the facts support such a defense.

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  • Will Threatening 2nd Deg, Criminal Trespass 1st degree prevent me from owning a gun in CT or NJ?

    I have a Threatening in the 2nd degree from my sister and criminal trespassing 1st degree as well that I was charged with about 4 years ago, will this prevent me from passing the check required to purchase a Rifle or gun of any kind?

    Rocco’s Answer

    You did not mention if these charges resulted in convictions or not. If they did And either one is a felony, you cannot possess a gun under either New Jersey or federal law, and doing so would be a crime in NJ and a federal crime no matter in which State it occurs. If the charges were dismissed or you were found not guilty, you may want to consider seeking an expungement of the record of the charges, and there is no waiting period. If you were convicted of specific charges, you should consult with an attorney to determine if the offense(s) of which you were convicted are eligible for expungement, and if the requisite waiting period has passed. An experienced attorney can help you to evaluate those issues.

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  • Will copies of text messages from the woman to the defendent. Admitting she had falsely had him arrested in the past. Help now.

    Wife has had my son arrested 4 times for domestic violence. All false, I was a witness at 2 of them. He has many text messages from her, with some stating they were false and very successful. And she would do it again if she didn't get what she w...

    Rocco’s Answer

    It is important that any text and voicemail messages be preserved so they potentially can be used as evidence affirmatively, or to cross-examine the wife regarding her credibility in any criminal or other trial or hearing. It also is best if they are preserved in their original format and are kept as pristine as possible. It is important for your son to seek an attorney with the experience and expertise needed effectively to marshal defense resources (the physical evidence you describe as well as the eyewitnesses you mention) to challenge the allegations and the believability of his wife in the circumstances you describe.

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  • Is a 4th degree computer theft crime a felony in NJ?

    I am getting mixed reports on how to classify this crime. I was originally charged with two crimes (2nd and 3rd degrees) for the same incident. Unfortunately I was denied PTI due to political factors. The plea agreement brought both of those ch...

    Rocco’s Answer

    A fourth degree indictable offense is a felony, which is defined as a crime punishable for more than one year. Although you were denied PTI, there is a provision for expungement of certain convictions in New Jrsey. To determine if you are eliible, you should contact an experienced attorney who handles expungements. You may contact us through our website contact link at www.Cipparonelaw.com, or by telephone at 856-547-2100.

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  • What happens if a person is in a massage parlor that gets raided?

    i.e...a person is in a "massage parlor" or spa that gets raided by the police,what are the ramifications to the person who may have been caught in the act of a sex act or massage?

    Rocco’s Answer

    • Selected as best answer

    The potential ramifications depend on the specific charges that are filed against the person, and equally importantly whether the state can prove its case beyond a reasonable doubt. As a certified criminal trial attorney in NJ (NJ Supreme Court Bd. on Attorney Certification) and a former federal prosecutor, I emphasize that it is important to examine every case with exacting scrutiny concerning whether the State can prove its case. Merely being present in a location in which illegal activity occurs is NOT a crime. The prosecution has to prove more. Evaluating whether the prosecutor has COMPETENT and ADMISSIBLE evidence is an extremely important and often nuanced analysis. It can mean the difference between an acquittal or dismissal of all charges, or a conviction. Often persons arrested think they have no recourse because they were present at the scene of a crime. Retaining an experienced criminal defense attorney can make the difference.

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  • Is it possible to over turn a plead of guilty for a murder case?

    Is it possible to over turn a plead of guilty for a murder case?If the prisoner plea was for second degree murder.Could it ever be changed to third degree prisoner has been in prison for 22years.

    Rocco’s Answer

    The answer to this question is highly fact sensitive and the law regarding challenging convictions, especially one occurring so long ago, can be complex. It may legally be possible to challenge the guilty plea conviction, but before an attorney competently can answer that question he or/she would need to know many more facts about the matter and analyze those facts in light of the applicable law. If the conviction successfully is challenged then the defendant can be brought to trial again if the prosecutor chooses to do so. If so then a new plea arrangement can be sought by the defendant or the defendant can decide to proceed to trial. Those decisions too are fact sensitive in each case and depend on many factors including the availability of witnesses and evidence after 22 years and other factors.

    This answer is general in nature and is not intended to constitute legal advice in the particular situation. It should not be used as a substitute for consultation with competent legal counsel on full information. No attorney client relationship its created by the provision of this general answer.

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  • Can i get case dismissed if i was not read my merranda rights?

    i was driving my friends car and got pulled over by the same cops that pulled them over. My license is revoked for a year and when they placed me in hand cuffs the officers did not read me my merranda rights. this is my first case of driving while...

    Rocco’s Answer

    Generally, the failure to provide Miranda warnings can result in the suppression (exclusion from presentation as evidence at a trial) of statements allegedly made by the person in custory. To be a Fifth Amendment "Miranda" violation, certain facts and circumstances must exist -- the primary one being that the person was not free to leave. In addition, exclusion of the statements usually requires the filing of a motion by or on behalf of the person charged to exclude the statements (every jurisdiction has different procedural rules). These issues often are best analyzed by an experienced crimianl defense attorney.

    DISCLAIMER
    This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site or answer cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged after full consultation based on full information. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State or jurisdiction in which the matter is or may be brought.

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  • Am I able to have my record expunged?

    When I was 18 years of age I was convicted of third degree aggravated assualt and third degree theft. Since then I have graduated college and want to pursue a career in the public health field. I really need to know if these offenses could be exp...

    Rocco’s Answer

    New jersey does have an expungement procedure including for many third degree offenses. Any prior criminal history as well as any subsequent criminal history and the length of time that has passed since the convctions sought to be expunged is important to the analysis of whether convictions can be expunged. Each situation is different and you should consult with an experienced attorney to make the determination. You can contact the Law Offices of Rocco C. CIpaprone Jr. at 856-547-2100, or via our website at GetCriminalDefense.com. We are experienced in expungement matters.

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  • What is the status of a person who is accused of conspiracy to sell cocaine, the event was for about 17 to19 years?

    and now he learns that he is a fugitive when he goes to solve a problem in the court of the state where living, while for all these years always used his name and social security to work without problems, and now imprison to be deported to know, a...

    Rocco’s Answer

    The answer as to whether the prosecution can proceed forward either legally or practically depends on a number of factors. There may be an applicable statute of limitiations defense. That is, depending on when the charges were filed, the defendant may be able to argue that the prosecution is legally barred from proceeding forward with the charges. The question does not indicate if the charges were filed 17-19 years ago (which is when it states the conduct occurred), or more recently. That could be an issue. Also, the passage of so much time may present practical proof problems for the prosecuting agency -- for example, witnesses may be unavailable (not able to be located), or chain of custody of evidence may be tainted. Consultation with an experienced attorney is essential to investigate all potential defenses and resolutions.

    DISCLAIMER
    This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site or answer cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged after full consultation based on full information. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State or jurisdiction in which the matter is or may be brought.

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