it was my first time being arrested
Possession of a Controlled Dangerous Substance, such as ecstacy, is a third (3rd) degree crime. The authorized punishment for a 3rd degree offense is between three (3) and five (5) years in New Jersey State Prison, plus fines, driver’s license suspension and assorted mandatory monetary assessments. However, realistically on a first offense for Possession of CDS, you are likely to receive either a sentence of probation or be admitted into the Pre-Trial Intervention Program (“PTI”). PTI is a diversionary program that allows you to have the charges against you dismissed after completing a period of supervision.
I would caution you that although the police may have only charged you with Possession of CDS, the ultimate charging decision is left to the County Prosecutor’s Office. Depending on the facts and circumstances, they could choose to pursue more serious charges, such as Possession with Intent to Distribute, if the prosecutor felt that the facts indicate you may have intended to sell or share some of the pills. Such a charge, especially if you were located near a school or public park, is a far more serious.
The best thing you can do is meet with a competent criminal defense attorney. If you would like to discuss this matter further, please feel free to contact my Atlantic City office at 344-5161.See question
I was arrested last year for criminal misconduct, criminal mischef, domestic violance, and possession of under a gram of pot. I was ror'd but never went to court. I also have alot of unpaid tickets i beleive. I have been running from this for a wh...
You absolutely need a criminal defense attorney as soon as possible. There is most likely a warrant (if not several warrants) for your arrest outstanding. Often times, judges set high bails on bench warrants when someone fails to appear. However, if you contact the court or prosecutor through an attorney, you may be able to negociate a reasonable bail in advance of appearing in court to address these charges, thus reducing or eliminating any time you would spend in custody pending the resolution of the case. If you would like to discuss this matter further, please feel free to contact my Atlantic City office at 609-344-5161.See question
If I live in one at will state, but commuted to another at will state for work, where do I file to sue my former employer? I was recently let go after roughly 8 months of employment. It was termed a layoff and I am filing for unemployment. I ha...
The choice of which court to file suit in is a complicated decision that must consider not only the rules of jurisdiction and venue, but also which state’s law would be most favorable to your case. Additionally, if you bring claims under federal law or your claim is over $75,000.00, you could have the option of filing in federal court. An attorney will want to analyze your case to determine potential causes of action before recommending where to file suit. I suggest you contact an attorney who handles employment law cases, most offer free initial consultations. If you would like to discuss this matter further, please feel free to contact my Atlantic City office at 344-5161.See question
should i find a lawyer that will help me plead not guilty? ive called a few and they've said that depending on the situation and discover i may have to plead guilty and try to minimize the charges and length of my license being suspended.
I agree with my colleague, you need to sit down with an experienced attorney to discuss your options. An attorney should not be recommending a particular course of action until he/she has received and reviewed all of the discovery (police reports, video, etc) and discussed the case with the prosecutor. If you would like to discuss this matter further, please do not hesitate to contact my Atlantic City office at 344-5161.See question
not a confession but a list with two items on it they claim were conceiled or my feeling is missed, your told you will be given the chance to pay for what ever it is because they never showed me where it came from off of my cart and it wasn't an ...
It is not clear what exactly you are asking. If you have been charged with an offense, it is important that you consult with a competent criminal defense attorney. You may have some viable defenses based on what you have explained so far. In order to convict you of shoplifting or theft, it must be shown beyond a reasonable doubt that you “purposely” or “knowingly” concealed the items or left the store without paying. If it was a mistake, you would have a viable defense. If you would like to discuss this matter further, please feel free to contact my Atlantic City office at 344-5161.See question
i was accused for assault by someone and the incident didnt even come close to there version and his witness says one thing and mine says another
Your situation is exactly why trials happen. The judge or jury will hear the testimony of all the witnesses and ultimately decide who is being truthful. It is important to have a skilled criminal attorney who knows the rules of evidence and who can effectively cross-examine the witnesses against you in order to expose the inconsistencies in their stories. Of course, you have the right to present your own witnesses and to testify (or not testify) on your own behalf. In order to convict you, the judge or jury would have to be convinced beyond a reasonable doubt that you committed the assault. Certainly, your attorney will want to point out the potential biases of the accuser’s witnesses in trying to create reasonable doubt. If you would like to discuss this matter further, please do not hesitate to contact my Atlantic City office at 344-5161.See question
A friend of mine received a summons for 2C:20-6 and is accused of picking up a wallet and keeping it instead of returning it to its owner. The value of the wallet is listed as $190. When my friend went to municipal court he was told that his case ...
You are right, generally theft is graded based on the value of the property or items taken. However, certain things automatically qualify as a certain degree of theft no matter the value. For example, theft is a third degree crime (no matter the value of the item) if the property stolen is a firearm, prescription pad or “from the person” of the victim (i.e. pick-pocket).
If there was a credit card in the wallet that could explain the charge. Theft of a credit card is a 4th Degree crime under 2C:21-6c(1). You friend needs to fill out a 5A Form to apply for the public defender. The court will send a notice for a pre-arraignment conference for that to occur. If you wish to discuss this matter further, feel free to contact my Atlantic City office at 344-5161.See question
person received a summons for theft of article under $200. Arraignment is tomorrow. wondering how likely it is for him to be taken into custody tomorrow versus released on own recognizance. the person has no money for an attorney and no money to p...
So long as the person does not have an outstanding bench warrant on another matter, he or she will not be taken into custody at the arraignment. If you are charged on a summons (as opposed to a warrant) there is no bail. During this first appearance in municipal court the judge will explain the rights of criminal defendants, ask if the person has a lawyer or needs the public defender, and give the person a chance to speak with the prosecutor to work out a plea deal. If the person wants an attorney, needs to apply for the public defender or wants to go to trial, a new court date is given for the defendant to return. If you have any further questions please do not hesitate to call my Atlantic City office at 609-344-5161.See question
i plead guilty to burglary wit attemp to harm, I didnt do it. I was invited, I was waitin for here sis to come hm. she never show, but me an her sis ended up sleeping together. then they said i broke in and raped, So now they had no evidenced of r...
A recent court decision in New Jersey makes it a little easier than before to withdraw a guilty plea, but only if you do so before sentencing. It is imperative that you instruct your attorney to file a motion to withdraw the plea as soon as possible, if that is what you wish to do. If you do not trust that attorney, you need to retain other counsel immediately. Once you are sentenced it is extremely difficult to withdraw your plea. I urge you to exercise caution in deciding to withdraw the plea however, given the nature of the charges pending against you, you could face a significantly longer sentence if convicted. You need to discuss this case with either your current attorney or another criminal defense attorney right away to get legal advice. If you with to discuss this matter further, please do not hesitate to contact my Cape May office at 465-5557.See question
I don't recall all of the details of the evening, however, I went out with a few friends, and I ran into a guy at the bar that I had seen around. We exchanged numbers, and he was going to take me home because I had too much to drink. I had a bl...
There are many issues presented in your question. First, you could still be charged with DUI. The police are likely waiting for the results of the blood test. There is no presumption that the registered owner of the vehicle was driving, but the police could still prove the case in other ways, such as eye witness statements or possibly your own confession. As you were intoxicated, you may be able to bring a motion to throw out any confession you may have given the police. This is a technical motion based on prior case law and your constitutional rights. I suggest you contact a criminal defense attorney promptly to discuss your rights and options. If you wish to discuss this matter further, please do not hesitate to contact my Atlantic City office at 344-5161.See question