New Jersey Criminal Defense Legal Questions

You can file with the court to re-open the case. The actual re-opening is very difficult because you told the judge you wanted to plead guilty because you were guilty and you were not being pressured and had time to speak with your attorney. What is your argument for 'undoing the plea and sentence' ? Ed Dimon 732-797-1600... Read Answer

Did you test positive for TB ? Are you being treated by a doctor for the TB ? We will need the report from the dcotor noting that you have TB and that the TB came from your exposure to the inmates in the jail. The key to victory is the doctor 'connecting the dots'whereby the doctor is of the opinion that the TB came from the jail exposure. Ed Dimon... Read Answer

We may be able to address these charges in Frenchtown, NJ without an appearance by your boyfriend. The judge makes the decision. Our approach would be to address all the legal issues with the Prosecutor and strike a deal with the Prosecutor so that he/she agrees with the non-appearance. Please call to discuss. Ed Dimon 732-797-1600... Read Answer

You should probably contact an attorney because you may have to file a petition to court to freeze any account connected with this fraudulent wire transfer, or perhaps your real estate attorney can assist. In addition to filing with the local police you should contact the county prosecutor and the Treasury Department, since this may be an inter-state fraud case. I had a case once myself where someone at the Essex County Clerk's office made a fraudulent check off my trust account check that I deposited with the clerk on a legal matter. Person tried to withdraw funds off my trust account, but fortunately was unable to because they were trying to withdraw too much. When I found out, I notified local police but also the local prosecutor's office who contacted the Essex County Prosecutor's office. Also notified the treasury department due to counterfeit check. We also contacted the specific bank where the thief had someone withdraw the funds. My money (some bank fees) were restored, so we didn't pursue it further. Obviously you will need to pursue this with the prosecutor and the State, if not the Treasury as well.... Read Answer

This sounds like a case of civil forfeiture, which is very onerous on people whose assets have been taken. The prosecutor does not need to prove that you committed a criminal act, only that there is probable cause (a very low standard of proof compared to something like beyond a reasonable doubt) that the money or other property was somehow connected to a car. If your money was in the car, and it may somehow be inferred that it was linked to a criminal action, even if it was of the other people in the car, the prosecutor may have enough to justify the seizure. You definitely may need an attorney to fight this. Be prepared that if the prosecutor does decide to return the money, they will also often require that you agree to waive any rights to file a suit for damages.... Read Answer

A criminal complaint is undertaken by the State, even if you were the person who initially filed the complaint. In order to withdraw the complaint, you will really have to discuss the matter with the prosecutor. Obviously, if you do not wish to cooperate, the prosecutor may decide to dismiss, however, it often happens that the state can proceed with or without your complaint, if there are other means to prove the case, and the case warrants pursuit. The prosecutor (and judge as well) may also want to know why you wish to dismiss to make sure you are doing it voluntarily and not under any threat or compulsion.... Read Answer

You can sue if you can prove the elements of your case, that you were prevented from even taking a test drive for a BMW. I would not say this is criminal law, but it falls under civil rights discrimination statutes. Again, you will have to prove the case, so if you have anything recorded, for instance on your phone, this would be greatly helpful. You could also complain to BMW as they exercise very strict monitoring over their dealerships.... Read Answer

The criminal judge sets the sentence based upon a multitude of factors which are established by the legislature and prior case law. For example, the judge must start with the presumption of jail if there is a Second Degree crime and must start the consideration at seven years. The judge finds aggravating and mitigating factors which add or subtract from the sentence. Ed Dimon... Read Answer