In municipal (traffic) court, can defense counsel ask their client the factual basis of their charge?
Yes. The factual basis is required for the court to accept the plea.
Somerville, NJ
Criminal defense Lawyer at Somerville, NJ
Practice Areas: Criminal Defense, DUI & DWI ... +2 more
Yes. The factual basis is required for the court to accept the plea.
Upon refferal of probation division they would return to court for violation of probation. Whether they go to serve the full sentence in jail...
The arrest comes before the indictment.
Could you obtain a dismissal, yes. With a borderline reading, many considerations and strategies come into play.
No you will not get a ticket for DWI based on your facts.
Yes. 39:4-56 is a non mover according to a DMV hearing officer.
You pay one way or the other. Surcharges, insurance ect you actually pay more and for a potentially longer time. License suspension not expected...
The first appearance is called an arraignment. You are advised of the charges and penalties you face by the judge and a not guilty plea will be...
As Mr. Chesser notes there is an applicable lesser offense. As well, as Mr. Aalsberg notes "Video on dashboard" is not a great set of facts for you.
I agree that drugs may be an issue. I fully expect that even with a dismissal the prosecutor will ask DMV to take away his license until a doctor...