New Jersey Criminal Defense Legal Questions

I believe it doesn't matter for a back ground check.  If you were ever arrested, or charged with a crime, it will still appear on your record.  Whether or not the place doing the ckeck will be concerned depends on how long of a check they do and how careful they are.  It is always better to say "yes" and give the explanation than to have been found to have not been truthful on the application. ... Read More

While I wouldn't accept an answer on the internet in lieu of an actual consultation with a criminal lawyer, the simple answer would be that it is necessary to be charged with some felony before a person can be charged with felony murder.  The following is a list of some of the charges that would have to accompany a felony murder charge. Code Sections N.J.S. 2C:11-3 A.K.A. Murder in the first degree. What is Prohibited? A planned or intentional killing of another person, or serious bodily injury resulting in death or a killing while committing certain felonies (felony murder). Felony Murder If the homicide (killing of a human) took place in conjunction with a felony crime, such as robbery, burglary, a sex crime, sodomy, arson, carjacking, etc., you can be charged with felony murder. Penalty 30 years to life imprisonment or life imprisonment without possibility of parole in some circumstances such as killing a police officer while on duty, or the killing of someone under the age of 14-years-old. Civil Case Possible Wrongful Death lawsuit.... Read More

You can have a trial and the State has the burden to prove guilt beyond a reasonable doubt. However, the police officers will testify against the defendant and the judge will listen carefully to the officers. If the defendant has no record, he may be able to have the  charges dismissed and your parents helped. We do these cases all the time and have good success. Please call to discuss. Ed Dimon 732-797-1600... Read More

Usually aggravated assault involves weapons but of course the fact that there were police involved may change factors. The fact that he may have been bombed may have to do with intent, but this is an issue that might require a showing by an expert that he was totally incapacitated due to his intoxication (you don't say whether it was alcohol or drugs of course, but when you say bombed I presume it was alcohol). The first thing you need to do is consult a criminal law attorney. Obviously, an attorney can discuss the need for evidence, what witnesses your brother might have to prove that he was "bombed" or that he did not act with excessive force, so that at least the charges can be downgraded if not dismissed. Usually there will be a hearing in Superior Court where the prosecutor will decide whether to indict or whether to send the case down to Municipal Court.... Read More