Having an attorney review the case would be advisable so that all your rights are protected. An attorney experienced in criminal law and procedure could analyze the facts of the case including the reason for the stop, the search and any statements that where made to the police that can be challenged in court to further advise you as to whether you should apply for the conditional discharge, challenge the stop and search, take the case to trial or try to negotiate some other disposition....
The charges that you have mentioned are serious. You should consult with a few attorneys to get an idea which attorney you are comfortable working with and yes you should hire an attorney for this matter.
Based upon the little information that you have provided, if you were charged with a DUI and never appeared to answer the charge, you would have an obligation to contact the court and arrange to appear in court to answer the charge.
You should consult and hire a local attorney to assist you in this matter.
There appears to be a malfunction with the ignition interlock device itself. You will have to get the device serviced. You are one of many people that I have head this same story from. If the prosecutor chooses to file a violation of your conditional discharge based upon this event, the download from the IID company will be crucial. You must try to find out from the company why the error occurred once they are done servicing the unit.
You may want to alert your attorney as to your current...
Sometimes there is a delay in the prosecution of cases in the New Jersey Municipal Courts, even on DWI charges if there was a companion charge that is an indictable charge for instance an indictable drug charge. In that case the entire case along with the DWI would have gone to the County Prosecutor and they may be have the case at the County level deciding on how to proceed on the more serious criminal charge.
You are presumed innocent by law. The prosecutor has the burden of proof to try to prove all the elements of the charge beyond a reasonable doubt. You have the right to refuse the plea offer and go to trial.
It is certainly possible to resolve the case prior to the October 6th court date. It is even possible to resolve it sooner if the prosecutor and your brother's attorney come to some agreement. There must be a considerable effort made by the attorneys if your brother intends to start in the next FDNY class.
Arrest warrants are signed by judges. If you were arrested with out probable cause your attorney can make a motion to the court and challenge the legality of your arrest. If a judge rules that the police did not have probable cause for your arrest then the case would be dismissed.
With no prior convictions for shoplifting or anything else I do not think that under almost any circumstances that there jail time to be served. Nobody is going to keep an eye on you 24/7. There may be other alternatives to the conditional dismissal program which is why you should consult with an attorney. If you do not have the money for an attorney then yes you should be represented by the public defender.