New Jersey Criminal Defense Legal Questions

In NJ, the conduct you describe is a disorderly persons offense (misdemeanor).  It will be handled in municipal court and can likely be reduced to a local ordinance violation which is not a criminal charge.  Essentially it's like getting a ticket for playing your stereo too loud.  The only penalty is a fine.... Read Answer

You should apply for a Public Defender if you cannot afford an attorney. You should avoid a criminal conviction. Please call us if you are not successful in avoiding the convictions. We can help you and work with you on a payment plan. Please call to discuss. Ed Dimon, esq. 732-797-1600 ... Read Answer

It is sometimes possible to get a case of possession of a CDS (controlled dangerous substance) remanded to the municipal court or resolved as a disorderly persons offense (midemeanor) in superior court, but to answer your question, I would need more detail.  For example, is it possible that there is an issue as to the legality of the search or the stop, if a car was involved?  Do you have prior convictions or charges for drug-related offenses?  Are you eligible for a diversionary program known as pretrial intervention (PTI)?  Are you willling to cooperate with the police as a confidential informant to help them identify and arrest the person who sold you the cocaine?  Any of these factors could result in a remand to mubnicipal court or a reduced charge.... Read Answer

If I understand your question, you implicated someone in a crime while you were under the influence of substances and you now wish to recant your statements because they were not truthful.   If so, you should notify the county prosecutor's office that is prosecuting the person you implicated and tell them.  They will almost certainly ask you to give a revised statement.  If you were legitimately under the influence of substances when you made the statements (i.e., not that you just lied), then it is highly unlikely that you will be prosecuted for seeking to recant them.  Nevertheless, it is best for you to hire an attorney to intercede on your behalf with the prosecutor's office.... Read Answer

The key is working with the NJ authorities to address both the detainer and the underlying violation of probation. THis can be done. The authorites do not want open case. They are anxious to discuss the proper solution to adjudicating the open case. We do these negotiations all the time. Please call. Ed Dimon, Esq. 732-797-1600... Read Answer

Defendant is entitled to release hearing. The hearings are done quickly and use a computer program which judges whether the person is a 'risk of flight'. Have there been 'failures to appear' in the past ? What was the reason for the detainer ? The judge looks a the past history of the person. Please call to discuss. Ed Dimon, esq. 732-797-1600 ... Read Answer

The judge normally follows the plea bargain arrangement for the period of time before one is eligible for parole. There is a further problem in that the Parole Board will look carefully at the period and not be quick to release the person after the stipulated period. You must work to convince Parole Board that you should be released. We can guide you through the parole process. Please call. Ed Dimon, Esq. 732-797-1600... Read Answer

Is your husband presently serving time in NJ for another conviction ? Is he awaiting sentencing on another conviction ? I need these answers. Pre-trial detention controls your husband's location pending sentence. We work closely with them and prepare the proper court orders to allow for location and movement. leaving NJ would normally be difficult. Please call. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

We are available to speak with you regarding our plan of action. We would need all the background information in order that we can develop a plan for treatment and not incarceration. We work closely with psychologists such as Dr. Mark Siegert to develop a plan for inpatient and thereafter, outpatient treatment as a 'special condition' of probation. Please call asap. Ed Dimon,Esq. 732-797-1600 ext 235... Read Answer