Archived
Is it legal for a person to be held in the county jail for more then 4+ year because the county cant find evidence to prove case
Benjamin's answer
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Answered on January 05, 2012
Under the Constitution a person is entitled to reasonable bail and a speedy trial. If after four years the case has not been proven or brought to...
Archived
If my co defendant wanted to except his plea but I want to proceed to trail, what will happen?
Benjamin's answer
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Answered on January 05, 2012
If the co-defendant makes a deal then your testimony will most likely not be needed. Additionally, it is VERY important to remember that no one can...
Archived
Court Fees
Benjamin's answer
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Answered on January 04, 2012
I am not sure what you mean by "lose". You have a right to plead "not guilty" and then go to court and speak with the prosecutor and/or the...
What's the chances a prosecutor would downgrade a 4pt speeding ticket to "unsafe driver" in Far Hills, NJ?
Benjamin's answer
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Answered on January 04, 2012
Everything that my colleagues has said is accurate. Unfortunately, sometime the Court and the prosecutor etc. take it as a sign that you are taking...
Archived
Driving in Vernon, NJ when pulled over with suspended license and registration. I was unaware they were suspended and
Benjamin's answer
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Answered on January 04, 2012
Everything that my colleagues have said is true. However, depending on why you were suspended you may be able to have the charges amended to a...
Archived
Child Endangerment? My 6 yr old daughter was repeatedly raped by her 14 yr old step brother during visits to her father.
Benjamin's answer
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Answered on January 04, 2012
I have seen this many times here in NJ and would offer the following suggestions:
1. File a report with the Police and DYFS;
2. You could try to...
Is it a crime if someone withholds money from me that they've admitted is mine?
Benjamin's answer
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Answered on January 04, 2012
It is probably a crime, theft by deception comes to mind, and depending on the amount involved could be either an indictable offense (i.e. a...
Archived
I was arrested for DUI but I blew o.oo. They found a container that had suboxone residue in it but it came back as oxycotin.
Benjamin's answer
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Answered on January 04, 2012
The fact that you have been prescribed the medication by a physician does not negate the possibility of a DUI. You also should never feel "stuck"...
Archived
Can i legally move out of the state of nj if we have joint custody but i have physical custody
Benjamin's answer
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Answered on January 04, 2012
You may be able to move out but I would strongly suggest that you not do so without permission from the Court. This can be obtained by filing a...
Archived
My brother was arrested in his home and charged 2c:35-10a & 2c:36-2. He has a prior 2c:35-10a in another county 9 years ago.
Benjamin's answer
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Answered on January 02, 2012
Yes. Your brother can apply for the public defender. If he is not eligible then he should absolutely find an attorney. There are definite questions...
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