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Ii wascharged with criminal michief of the 4th degree.

Florham Park, NJ |

the person who was the victum decided not to press charges nor require restitution. i was supposed to go to PTI for criminal intake but was told that it had been downgraded. What does that mean? What fines/jail time am i looking at?

Attorney Answers 6

  1. Best answer

    It was. Sent to municipal court, which is usually better. If the "victim" will not be testifying, the state may not be able to prosecute and you could request that charges be dismissed.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

  2. That means that it was sent back to municipal court, which is usually good. That means there is no risk of a felony record, although dismissal following a period on PTI is not available there. It probably went back down as a disorderly persons criminal mischief, which is punishable by up to 6 months in jail and $1000 fine.

  3. This means that your case s going back to the municipal court where it will be treated as a disorderly persons offense. You should still contact an attorney.

    Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: / Email: NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.

  4. Although the victim may have filed a Domestic Violence Complaint as a result of this incident (which is a CIVIL case which is heard in the Family Part of the Superior Court), your question involves the CRIMINAL LAW aspect of the case. You need to speak with a New Jersey Criminal Law Attorney.

    DISCLAIMER The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

  5. The downgrade means that instead of facing up to 18 months in jail and up to 10,000 in fines for being convicted of a 4th degree charge, you are instead facing either up to a 500 to 1,000 fine as well as up to either a 30 day or 6 month jail sentence if convicted of either a disorderly persons offense (DP) or petty disorderly persons (PDP) offense. The DP offense has the harsher of the two penalties. Depending on the facts and circumstances of your case you may have it downgraded further or dismissed based the surrounding additional facts of your case. You need to talk to a criminal lawyer for further assistance on how you should proceed and do so before your next court date. Good luck in Municipal Court.

    DISCLAIMER This answer is provided for 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 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; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. 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 where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented. Also, please be advised that any response to any comments made by the asker do not create an attonrey client relationship.

  6. Downgraded means the crime was dropped to a disorderly persons offense and sent back to Municipal Court. Based on your post an experienced criminal defense attorney may be able to get it dismissed. Call with more information.

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