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What are the parameters of the Three Strikes Law in NJ?

Ridgewood, NJ |

MY problem was convicted of a CDS "high misdemeanor" and got pretrial Intervention with probation for being in Posession of a stolen vehicle before 1995. Now I have been ordered to neighborhood mediation for Noise Violation on his part for one continuous year. What is my leverage if he makes a mockery of the mediation again. We went in the circa 2004. I can guess that it is only to go back again before the judge.

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Attorney answers 4

Best Answer
Posted

NJ does not have high misdemeanors or any misdemeanors for that matter. NJ has disorderly persons offense and crimes. There is a three strike provision 2C:43-7.1 but it applies only to violent offenses. The charges you list seem to be DPs or even town ordinances. 3 strikes does not apply.

Asker

Posted

Apparently, this is NOT California. I was hoping that his priors would be taken into account if he makes a mockery of the mediation . We went to mediation in 2004 on numerious charges against him. Used to be Pleasantville for 19 years, he moves in and it becomes a psychdrama.

Mark M Cheser

Mark M Cheser

Posted

If the mediation breaks down and the case goes to trial his priors can be used in two ways. Normally under NJ Evidence Rules only prior crime convictions (not DPs or less) can be used to impeach credibility. But there is case law that permits use of any conviction for that purpose against non-defendant witnesses. If he testifies in his own defense you can't use DP convictions to impeach but if he testifies against you as a witness you may be able to use these priors. If convicted the priors are aggravating factors that may enhance a sentence.

Asker

Posted

Thanks so much. The prosecutor is on my side. So if I see him again, hopefully NOT, I will tell him about his priors. Finally, the police and the powers that be in the town are seeing the light . Seems that some of the police from the chief on down knew what I was dealing with but never told me. Just acknowledged when I confronted them. Problem is is that I know many judges and prosecutors on some basis or other so I have to stick w/ this judge and cautioned my friends not to bring up my name or I get moved AGAIN.  Stupidly, the town has a reputation established 20 years ago as one of the 10 safest towns in the country. It backfired and acted like a magnet to attract felons. One PO told me that the town is full of them.Can't wait to retire out of here. Once again, thanks a lot!  ---

Posted

There is no three strikes in NJ. There are no misdemeanors, high or low. Mediation is done in the municipal court. Your question is entirely unclear.

Asker

Posted

What I am trying to say is, if he gets a misdemeanor, do his 2 priors count against him. There is a 3 strikes law in NJ, but it is not like in California where if you have 2 felonies, and you jaywalk, you can go to jail.

Asker

Posted

Then I guess, his lawyer was wrong, when I referred to his felonies, he said "there are no felonies, only high misdemeanors or high crimes, I felt like saying, a horse of a different color. I guess I never told you that I was in court with him off and on for 16 years.

Posted

There is no way to answer your question other than there is no three strikes law in New Jersey as was previously stated. There are disorderly person offenses, petty disorderly person offenses, and crimes of the first, second, third and fourth degree in New Jersey.

Are you concerned how going to neighborhood mediation would impact PTI? Have you been to mediation before on a noise violation previously? The question is not clear on what you want answered.

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Asker

Posted

Please see what I said to Eric Mark; no we were in mediation after he and his best friend, tried to drive me out of the neighborhood. You name it, he has done it.

Jeffrey Anthony Skiendziul

Jeffrey Anthony Skiendziul

Posted

http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/1-4.html NJSA 2C:1-4(d) indicates that "high misdemeanors" refer to crimes of the first, second and third degree. I have provided the link. If there is a significant history with your neighbor you should discuss that with an attorney as well as how to approach the mediation process if that is where you are heading.

Asker

Posted

Unfortunately, I have had an attorney over the past years. I am not afraid of mediation, I just think that he will make a mockery of it again. I am very sick of these two (wife and husband). I just want to make sure that he takes the mediation seriously, the judge clarified that my aim is to have peace and quiet and the pursuit of my own happiness. Feels like a psycho drama.

Posted

There is no such thing in New Jersey as a high misdemeanor or a three stikes law. Misdemeanors are disorderly or petty disorderly. As for the mediation, I am not really sure what you are trying to ask.

The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box.

Asker

Posted

Please see the comments that I left for Eric Mark. I was mediation and court too many times to count. I want to know if his two priors can count against him if we have to go back before the judge if he wrecks the mediation.