NJ Law Talk – Page 2 – What happens in the first 24 hours after you are charged with a crime, can impact whether you are convicted or walk free…and what you don't know can hurt you. Ask questions, listen to the answers, and only then should you be making decisions about how to protect your freedom.

‘My spouse called the cops, but said she did not want to press charges, and the cops went ahead and filed a criminal complaint saying I was a DV abuser’.

18 Dec 20181 Jan 2019

Under the New Jersey Domestic Violence Act, when the police are called to the scene of a DV disturbance and see evidence of a criminal act committed by the 'abuser',…

“My lawyer didn’t do what I told them to, and I got convicted because they screwed up my defense!” must be raised by filing a Post-Conviction Relief Petition, not an Appeal.

15 Dec 20181 Jan 2019

If you are convicted or enter a guilty plea, you have the right to file an appeal if you believe that the Court made a mistake. If you believe that…

“I promise! I’ll never do it again” is easy for you to say, and hard for your lawyer to convince a prosecutor that you mean it (this time) and, that your behavior is not repetitive.

12 Dec 20181 Jan 2019

There are some types of crimes, especially those involving sexual assault, where one of the main issues a prosecutor and a sentencing Court are concerned with, is whether your behavior…

When the cops arrested me they did not read me my rights! That means that the case gets thrown out and I can sue…right? No. That means you do not understand your rights.

9 Dec 20181 Jan 2019

Under both the N.J. State Constitution and the U.S. Constitution, you have rights that apply when you are being arrested. The cops do not have to give you your 'rights'…

A N.J. Domestic Violence Restraining Order is based on three issues; a domestic relationship, an alleged criminal act, and whether there is reason to believe that a RO is needed to stop future DV Acts.

8 Dec 20181 Jan 2019

In New Jersey, a Temporary Restraining Order issued under the Domestic Violence Act, can be issued at the request of the protected party when there is evidence presented to the…

‘If it ain’t on me, it’s not mine’ …sounds good, but in actuality the law recognizes three types of possession, to establish that you had dominion and control of the evidence.

3 Dec 20181 Jan 2019

If you are being charged with 'POSSESSION' in New Jersey, whether it is of a gun, drugs or proceeds of a crime, the question is whether the police can establish…

What comes after a sentence? An appeal! (Or some other type of post-conviction process to address a deficiency in how the Court decided your case; or, in how your attorney represented you).

2 Dec 20181 Jan 2019

Once a conviction has been entered against you in a N.J. criminal case, you have the right to file an appeal. An appeal says that 'the Court made a mistake,…

There is no such thing as a ‘little case’ when you are charged with a criminal offense in NJ, any more than you can be a ‘little bit pregnant’.

1 Dec 20181 Jan 2019

There are a number of things that happen automatically when you are charged with committing a crime in NJ. A criminal record is created when you are charged. You will…

‘They got no proof’ is sometimes an accurate statement, but the prosecution only needs to establish ‘Probable Cause’ to charge you with a crime.

29 Nov 20181 Jan 2019

All the Prosecution needs to charge you with a crime in N.J. is 'probable Cause', which essentially requires them to establish 'a reason to believe that a crime was committed'…

The Diversion of a Criminal Case (rather than a guilty plea) can often provide a better way to resolve the case; and, a chance to get your record cleared sooner.

29 Nov 20181 Jan 2019

There are several ways for you to resolve a criminal charge in NJ, which 'DIVERT' the case from prosecution. Assuming you are guilty, you could plead guilty...but that may not…