No Federal Expungement? What About A Presidential Pardon?
Jul 20, 2009
Where Do I Submit the Petition For A Pardon? All petitions are submitted to the Office of the Pardon Attorney, US Department of Justice.There are a variety of places you can the form online, which mu...
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Signing Your Miranda Rights Away
Jul 20, 2009
How You End Up Giving Away Your Right To Remain Silent Once you are arrested, the police walk up to you and ask if they can talk to you for a minute. You are being arrested, and they think it is unfa...
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Motions to Withdraw a Guilty Plea in NJ
Jul 19, 2009
Motions to Withdraw the Plea Before Sentencing The Court Rule specifically provides that the Motion is to be filed before sentencing. If you have entered a plea, and after filing it decide that you w...
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Crimes That Cannot Be Expunged in NJ
Jul 18, 2009
Crimes That Are Barred From Expungement Based On The Type Of Crime NJSA 2C:52-2 specifically precludes the following crimes from ever being expunged: Criminal Homicide (except Death By Auto); Kidnapp...
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Why Is My Expungement Petition Being Denied
Jul 18, 2009
Time Requirements That Must Be Met The petition can only be granted after the passage of statutory time periods that are not subject to alteration by the Judge who reviews the expungement petition. T...
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Under-Age Drinking in NJ
Jul 17, 2009
Criminal Code Violations Yup, if you are charged under NJSA 2C:33-15, the offense you are charged with is a Criminal Offense, graded as a Disorderly Persons Offense. If you are over the age of 18, yo...
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De Minimus Infractions in New Jersey
Jul 15, 2009
You Were Within The Customary License The complaint may be dismissed if the violation was within a customary tolerance (or license), so long as the person whose interest was impacted has not expressl...
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The Defense of Consent in New Jersey
Jul 15, 2009
Consent to Bodily Harm If you believe that the victim gave consent to your actions, the basis for the defense must be presented to your lawyer to evaluate. When was the consent given? How was the con...
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The Affirmative Defense of Duress in New Jersey
Jul 14, 2009
The Objective Standard Used to Support the Defense The coercion used against you, must have been such, that a person of reasonable firmness in your same position would not have been able to resist th...
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The Cost of a Strong Defense? Priceless
Jul 14, 2009
Analysis of the Facts All defenses start with the analysis of the prosecution's facts. The cops are required to document the case. Since the cops are human, sometimes they chose to write something in...
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