New Jersey Criminal Defense Legal Questions

98 percent of cases are settled by plea bargain for a reason. The court rules are stacked against one going to trial. I would negotiate utilizing the need to be anticipatory of the prosecutor's and judge's needs. I will explain. You then have an alternative to trial. Please call to discuss. Ed Dimon... Read More

drug court is special probation which is controlled by the drug court judge and his/her clinical team. the alternative is a state prison sentence. your friend must work with the team and the judge. they control the rules and sanctions. we can guide your friend so that he will be successful in the program and avoid state prison. we have ten people in drug court. ed dimon... Read More

You stated that you have a criminal record. A criminal record would require that you have a criminal conviction. What is your criminal conviction? If you have a criminal conviction, and a criminal record, we can have the arrest and conviction expunged.so it cost us approximately $1500. Please call if we can help you.... Read More

The prosecutor has the authority with the grand jury to present your case for a second indictment. We often do not object to an indictment in that our objection sets forth the problems with the present indictment and the prosecutor is educated by our objection. The prosecutor addresses the problems and obtains a second indictment without the problems. Please call if we can help.... Read More

There is no requirement that the police officer I have his lights on. The police officer can observe a violation as he drives by your vehicle. In addition, there is no requirement that the police officer be any specific jurisdiction. The police officer can issue a violation for actions that he sees in another jurisdiction. The case will not be dismissed based upon the officers failure to have his lights on or the fact that he is from a different jurisdiction. We are available to discuss potential defenses to your violations. Please call.... Read More

Normally, you cannot simply move from one home to the next while under house arrest/probation.  You must notify and work with the probation department in your county to see if it is permissible for you to relocate.  This may prove difficult seeing as the county to which you move will now be responsible to monitor your behavior and movements.  I suggest speaking with your local probation department first before taking any affirmative steps to relocate.... Read More

I need a little more information from you to properly answer your question.  While it is always best to have an attorney present in Superior Court, given the extent of the penalities that could be imposed, I am suprised to hear that your child's charges have been waived from the municipal court to the Superior Court. If you could please explain to me the details that gave rise to the charges, including dates, times, and what county and township the events took place in. ... Read More

Jail credit is a complex area of the law. The judge must give credit for time spent in jail for a specific crime. The problem occurs when there are multiple crimes. The judge and his staff must be extremely careful to allocate The jail time between the different crimes. We had a case last week whereThe jail time had to be allocated among six crimes. The judges staff was wrong. The defendant wasnot given credit for more than 250 days all four of the offenses. We were able to remedy the problem and get a proper jail credits. You will need to provide us with the adult presentence report. This report sets forth the offense and the jail credit. We would be able to tell you if errors were made. We could then rabbity the errors. Please also prepare a timeline of what happened. You can email the timeline and the adult presentence report to us. The cost for the research would be $1500. please call to discuss.... Read More

There are multiple factors taken into consideration for PT. The first factor would be the seriousness of the offense. What is the amount of the theft? From home where these monies taken? From home where these monies taken? The second consideration is the position of the victim. If the victim is adamant that there should not be PTI, thenobtaining PTI is a more difficult task The third consideration is the ability to convince the prosecutor that you are a good candidate for PTI. You must demonstrate that you have people in place that will help guide you. We have had good success with PTI applications. The key is the preparation of the package for PTI. We include personal statements, resumes, pictures and character letters from first responders. Please call to discuss. Ed Dimon... Read More

You should obtain the police reports. Police reports will contain the affidavit of the officer. The affidavit is what the judge utilized to issue the search warrant. The affidavit will set forth the alleged facts supporting the reasonable cause that a crime was being committed. You can review those allegations and determine if they were truthful or not. If they were not truthful, then you can go to the prosecutor and judge and explain that there was no basis for the search warrant. You can do all of this without spending any money on attorney. If there were no truthful allegations, and if you do not have success with the prosecutor and judge, and you can decide if you want to use an attorne. Please call if you have any questions.... Read More

You have two alternatives. You can utilize an attorney and have the charges eitherthis best or significantly reduced. If you have to ever been in trouble and if you provide the prosecutor and judge with a reason to discuss or reduce the charge,you should be successful. You can also have the attorney utilize a plea by affidavit. This will eliminate your need to appear in court. To achieve this result you would have to work diligently with the attorney to prepare a personal statement of what occurred, a curriculum vitae and obtain character letters from first responders.we have had excellent success utilizing this approach in the past. The legal costs are $2000 because of the work requiredpreparing required documentation, I go shooting with the prosecutor and judge and appearing in court. Please call this morning to discuss. Ed Dimon... Read More

Case must be addressed in the court where you were charged. The case cannot be transferred to another court. We have had success in addressing these types of cases using an affidavit of guilty plea. We represent you in court. You do not leave sorry. We act in your place using this affidavit. The key is the type of crime with which you were charged. If the matter is in Municipal Court,we may be able to utilize the affidavit. The affidavit is within the discretion of the prosecutor and judge. We have done for cases using affidavits. All of the defendants were from out-of-state. The legal retainer would be $3500. Please call to discuss. Ed Dimon... Read More

We have an excellent private detective who can gather all of the evidence. This private detective was a police officer for 35 years. He would be able to tell us what we can prove and what we cannot prove. The key is not what happened. Rather, the key is proving what happened. The cost for the private detective is far less then the cost for an attorney. As a result, you can determine their merits of your case and determine whether or not you can prove your case. please call if you would like to pursue this litigation.... Read More

To properly answer your question, I would need a timeline of events. The timeline would set for us what occurred and the role of the particular witness. Is this a crucial witness for the prosecution? Is this a crucial witness to prove the states case?  You can you email me the timeline and the explanation of the witness role.  I will review. We can discuss in the morning.... Read More

We can properly answer this question if we have the details. We need to know what happened. We need to know the results of the police investigation. Please provide us with a detailed timeline of the events. With the timeline, we can tell you if the records are being properly withheld. ... Read More

We have had one Megan's Law  changed by the judge upon our application. We would need to see your judgment of conviction. We would need to see how the sexual assault was merged with the murder conviction. If the sexual assault is a separate conviction, then you may be subject to Megan's law. Please email the judgment of conviction to us. We also have had success with having defendants removed from Megan's law after the passage of time. When did you finish all of your obligations to the state?please prepare a timeline of the events and send it to us by email. We would then be able to tell you if we can be successful.... Read More